HomeMy WebLinkAboutMINUTES - 05052009 - C.17RECOMMENDATION(S):
SUPPORT Senate Bill 114 (Liu), legislation that would require independent foster care
adolescents to be enrolled in Medi-Cal without reapplication after April 1, 2010, as
recommended by the Legislation Committee.
FISCAL IMPACT:
Unknown. However, the author argues that it does not make moral or fiscal sense for the
state to spend scarce dollars and staff hours making these former foster youth fill out
Medi-Cal paperwork since they cannot, by law, be refused eligibility.
BACKGROUND:
SB 114, by Senator Carol Liu, will automatically deem an independent foster care
adolescent eligible for Medi-Cal benefits on his or her 18th birthday without any
interruption to coverage and without requiring a new application for benefits.
In 2000, California exercised its option to provide Medi-Cal to former foster youth and
children transitioning out of foster care at age 18 up until they turn 21. SB 114 seeks to help
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 05/05/2009 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: L. DeLaney, 5-1097
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: May 5, 2009
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C.17
To:Board of Supervisors
From:Legislation Committee
Date:May 5, 2009
Contra
Costa
County
Subject:SUPPORT POSITION for SB 114 (Liu): Medi-Cal: independent foster care
former foster youth maintain
BACKGROUND: (CONT'D)
their Medi-Cal benefits under this option despite this population’s often transitory and
varied living arrangements.
Under SB 114, annual redetermination forms still will be sent to former foster youth, but
a failure to return the form would not result in a change in eligibility, as long as other
eligibility requirements are met. In addition, the state may terminate the foster youth’s
Medi-Cal benefits only if it is determined that a former foster youth is no longer eligible.
This process would meet federal redetermination requirements and eliminate unnecessary
paperwork, while ensuring that eligible youth do not lose their Medi-Cal benefits before
the age of 21.
Former foster youth face an uphill battle when they are released from foster care at 18
and expected to take on significant adult responsibilities. The state of California has
recognized since 2000 that access to medical care for this vulnerable population is a
necessary component of success in employment and education. SB 114 will help former
foster youth remain healthy and more able to compete in the adult world.
For these reasons, CSAC supports SB 114. SB 114 was sent to Senate Appropriations
Committee on 4/20.
Prior legislation SB 1132 (Migden) of 2008 contained substantially similar language to
this bill and was vetoed by the Governor, who stated: "federal law currently requires
states to conduct annual eligibility determinations for Medi-Cal beneficiaries." According
to the author, SB 114 has been drafted with assistance from DHCS to address the
Governor's concerns.
SB 147 (Alper,2000) would have required eliminated income and asset tests when
determining Medi-Cal eligibility of independent foster care adolescents. This bill was
vetoed.
AB 2877 (Thompson), Chapter 93, Statutes of 2000, extended Medi-Cal eligibility to
foster youth up to age 21, in accordance with a new federal option.
Supporters argue that SB 114 would clarify current law and procedures to ensure that
youth who have left foster care are able to receive services with minimal action on their
part, which will ensure ongoing health care coverage for these young adults, who often
face tremendous odds against their success.
ATTACHMENTS
Bill Text SB 114
CSAC Support SB 114
AMENDED IN SENATE MARCH 16, 2009
SENATE BILL No. 114
Introduced by Senator Liu Senators Liu and Pavley
(Principal coauthor: Assembly Member Jones)
January 29, 2009
An act to amend Section 14005.28 of the Welfare and Institutions
Code, relating to Medi-Cal.
legislative counsel’s digest
SB 114, as amended, Liu.Medi-Cal: independent foster care
adolescents.
Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Care Services and under
which qualified low-income persons receive health care benefits.
Existing law requires the department, if, and to the extent that, all
necessary federal approvals are obtained for federal financial
participation, to implement a federal option to extend Medi-Cal benefits
to independent foster care adolescents, as defined in federal law.
This bill would specify that, if the department has exercised this
option, commencing April 1, 2010, specified independent foster care
adolescents would be deemed eligible for the benefits and would be
automatically enrolled without requiring a new application and without
an interruption in coverage.
This bill would require the department to develop and implement a
simplified form for the annual redetermination of benefits. An
independent foster care adolescent would only be required to fill out
and return the form if previously provided information was no longer
accurate.
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This bill would specify that the bill would be implemented only if,
and to the extent that, federal financial participation is available and
any necessary federal approvals are obtained.
This bill would also prescribe a process for terminating the eligibility
of an independent foster care adolescent.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
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SECTION 1.Section 14005.28 of the Welfare and Institutions
Code is amended to read:
14005.28.(a) To the extent federal financial participation is
available pursuant to an approved state plan amendment, the
department shall exercise its option under Section
1902(a)(10)(A)(ii)(XVII) of the federal Social Security Act (42
U.S.C. Sec. 1396a(a)(10)(A)(ii)(XVII)) to extend Medi-Cal benefits
to independent foster care adolescents, as defined in Section
1905(w)(1) of the federal Social Security Act (42 U.S.C. Sec.
1396d(w)(1)).
(b) An independent foster care adolescent who is in foster care
on his or her 18th birthday shall be deemed eligible for the benefits
extended pursuant to this section and shall be enrolled to receive
these benefits without any interruption in coverage and without
requiring a new application. The department may terminate
eligibility if it determines that an independent foster care adolescent
is no longer eligible only after ineligibility is established and all
due process requirements are met in accordance with state and
federal law.
(c) The department shall develop and implement a simplified
form for redetermination. An independent foster care adolescent
shall fill out and return this form only if information previously
reported to the department is no longer accurate. Failure to return
the form alone will not constitute a basis for termination of
Medi-Cal benefits so long as all other eligibility requirements have
been met. The department may terminate eligibility if it determines
that an independent foster care adolescent is no longer eligible
only after ineligibility is established and all due process
requirements are met in accordance with state and federal law.
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— 2 —SB 114
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(d) Subdivisions (b) and (c) shall be implemented on April 1,
2010, and shall be implemented only to the extent that federal
financial participation is available, and any necessary federal
approvals are obtained.
(e) Notwithstanding Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code,
and if the state plan amendment described in subdivision (a) is
approved by the federal Centers for Medicare and Medicaid
Services, the department may implement this section without taking
any regulatory action and by means of all-county letters or similar
instructions. Thereafter, the department shall adopt regulations in
accordance with the requirements of Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code.
(f) The department shall implement subdivision (a) on October
1, 2000, but only if, and to the extent that, the department has
obtained all necessary federal approvals.
O
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SB 114— 3 —