HomeMy WebLinkAboutMINUTES - 04132010 - C.50RECOMMENDATION(S):
SUPPORT SB 1091 (Hancock), a bill that makes individuals awaiting adjudication in
county juvenile detention facilities eligible for Medi-Cal benefits if the individual is
receiving Medi-Cal benefits at the time he or she is admitted to the detention facility and the
county agrees to pay the state's share of Medi-Cal expenditures and the state's
administrative costs through an intergovernmental transfer of funds, as recommended by the
Chief Probation Officer.
FISCAL IMPACT:
To be determined....
BACKGROUND:
Alameda County is sponsoring SB 1091 (Hancock) to enable counties to draw down federal
funds to help pay for health and mental health services for the care they are providing to the
youth in their juvenile halls.
As you may know, if a person is enrolled in Medi-Cal, those benefits end when they walk
across the threshold into a detention facility. Nonetheless, the county is responsible for
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 04/13/2010 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: Lara DeLaney (925)
335-1097
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: April 13, 2010
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: EMY L. SHARP, Deputy
cc:
C. 50
To:Board of Supervisors
From:David Twa, County Administrator
Date:April 13, 2010
Contra
Costa
County
Subject:Support Position for SB 1091 (Hancock): Medi-Cal: Individuals in Juvenile Detention
providing
BACKGROUND: (CONT'D)
care for all the inmates and paying for it. New Mexico has been able for the past five
years to use Medicaid for the youths in its detention facilities. Federal regulations do
allow for this in certain situations. Alameda County would like to benefit in the same
way as counties in New Mexico. However, since our State’s coffers are empty, the
County is offering to put up the dollars it is already spending on health care for these
youths (and cover the State’s costs of administration) as a match for the federal funds in
lieu of state funds.
Senator Hancock has introduced SB 1091 to accomplish this. The March 23 version of
the bill reflects Alameda County's intent, but there will be further amendments soon to
indicate that not only the youths who are already on Medi-Cal when they are admitted to
the facility can receive Medi-Cal services under the bill, but also those who are “eligible”
to receive them. (Families who have not yet signed up but could have.) Alameda County
estimates that about ¾ of the youths in juvenile hall are either on Medi-Cal or are eligible
for the program. Having a Medicaid match for these youths would make a huge dent in
the County’s bill for health and mental health services for this population.
ATTACHMENTS
SB 1091 Bill Text
AMENDED IN SENATE MARCH 23, 2010
SENATE BILL No. 1091
Introduced by Senator Hancock
February 17, 2010
An act relating to Medi-Cal. An act to amend Sections 14011.10 and
14053 of, and to add Section 14011.11 to, the Welfare and Institutions
Code, relating to Medi-Cal.
legislative counsel’s digest
SB 1091, as amended, Hancock.Medi-Cal: reimbursement:
individuals in county juvenile detention facilities.
Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Care Services, under
which qualified low-income individuals receive health care services.
Under existing law, children in juvenile facilities are ineligible to
receive Medi-Cal benefits.
This bill would state the intent of the Legislature to enact legislation
that would ensure that adequate health care services are provided to
children in county juvenile detention facilities by allowing the facilities
to receive Medi-Cal reimbursement for health care services provided
to children while they are being detained and awaiting adjudication by
the courts.
This bill would, subject to the receipt of federal financial participation,
make individuals awaiting adjudication in county juvenile detention
facilities eligible for Medi-Cal benefits if the individual is receiving
Medi-Cal benefits at the time he or she is admitted to the detention
facility and the county agrees to pay the state’s share of Medi-Cal
expenditures and the state’s administrative costs through an
intergovernmental transfer of funds. This bill would provide that these
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individuals would have their Medi-Cal benefits continued for the first
30 days of the individual’s stay in the county juvenile detention facility,
or until the date of adjudication, whichever period of time is less.
This bill would require the department to seek all federal approvals
or waivers necessary to implement these provisions and to allow for
federal financial participation.
Vote: majority. Appropriation: no. Fiscal committee: no yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
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SECTION 1.Section 14011.10 of the Welfare and Institutions
Code is amended to read:
14011.10.(a) Benefits Except as provided in Section 14011.11,
benefits provided under this chapter to an individual under 21 years
of age who is an inmate of a public institution shall be suspended
in accordance with Section 1396d(a)(28)(A) of Title 42 of the
United States Code as provided in subdivision (c).
(b) County welfare departments shall be required to notify the
department within 10 days of receiving information that an
individual under 21 years of age on Medi-Cal in the county is or
will be an inmate of a public institution.
(c) If an individual under 21 years of age is a Medi-Cal
beneficiary on the date he or she becomes an inmate of a public
institution, his or her benefits under this chapter and under Chapter
8 (commencing with Section 14200) shall be suspended effective
the date he or she becomes an inmate of a public institution. The
suspension will end on the date he or she is no longer an inmate
of a public institution or one year from the date he or she becomes
an inmate of a public institution, whichever is sooner.
(d) Nothing in this section shall create a state-funded benefit or
program. Health care services under this chapter and Chapter 8
(commencing with Section 14200) shall not be available to inmates
of public institutions whose Medi-Cal benefits have been suspended
under this section.
(e) This section shall be implemented only if and to the extent
allowed by federal law. This section shall be implemented only to
the extent that any necessary federal approval of state plan
amendments or other federal approvals are obtained.
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(f) If any part of this section is in conflict with or does not
comply with federal law, this entire section shall be inoperable.
(g) This section shall be implemented on January 1, 2010, or
the date when all necessary federal approvals are obtained,
whichever is later.
(h) By January 1, 2010, or the date when all necessary federal
approvals are obtained, whichever is later, the department, in
consultation with the Chief Probation Officers of California and
the County Welfare Directors Association, shall establish the
protocols and procedures necessary to implement this section,
including any needed changes to the protocols and procedures
previously established to implement Section 14029.5.
(I) Notwithstanding Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code,
the department shall implement this section by means of all-county
letters or similar instructions without taking regulatory action.
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.
SEC. 2.Section 14011.11 is added to the Welfare and
Institutions Code, to read:
14011.11.(a) To the extent that federal financial participation
is available, benefits provided under this chapter may be provided
to an individual awaiting adjudication in a county juvenile
detention facility if all of the following requirements are met:
(1) The individual is receiving Medi-Cal benefits at the time the
individual is admitted to the juvenile detention facility.
(2) The county agrees to pay the state’s share of Medi-Cal
expenditures and the state’s administrative costs through an
intergovernmental transfer of funds.
(b) Benefits provided pursuant to this section shall continue for
the first 30 days of the individual’s stay in the juvenile detention
facility, or until the date of adjudication, whichever period of time
is less.
(c) The department shall seek all federal approvals or waivers
necessary to implement this section and to allow for federal
financial participation.
(d) This section shall be implemented on January 1, 2012, or
on the date that all necessary federal approvals or waivers are
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SB 1091— 3 —
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obtained and federal financial participation is available, whichever
is later.
(e) Notwithstanding Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code,
the department shall implement this section by means of all-county
letters or similar instructions without taking regulatory action.
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.
SEC. 3.Section 14053 of the Welfare and Institutions Code is
amended to read:
14053.(a) The term “health care services” means the benefits
set forth in Article 4 (commencing with Section 14131) of this
chapter and in Section 14021. The term includes inpatient hospital
services for any individual under 21 years of age in an institution
for mental diseases. Any individual under 21 years of age receiving
inpatient psychiatric hospital services immediately preceding the
date on which he or she attains age 21 may continue to receive
these services until he or she attains age 22. The term also includes
early and periodic screening, diagnosis, and treatment for any
individual under 21 years of age.
(b) The term “health care services” does not include, except to
the extent permitted by federal law, any of the following:
(1) Care or services for any individual who is an inmate of an
institution (except, except as a patient in a medical institution)
institution, or pursuant to Section 14011.11.
(2) Care or services for any individual who has not attained 65
years of age and who is a patient in an institution for tuberculosis.
(3) Care or services for any individual who is 21 years of age
or over, except as provided in the first paragraph of this section,
and has not attained 65 years of age and who is a patient in an
institution for mental disease.
(4) Inpatient services provided to individuals 21 to 64 years of
age, inclusive, in an institution for mental diseases operating under
a consolidated license with a general acute care hospital pursuant
to Section 1250.8 of the Health and Safety Code, unless federal
financial participation is available for such inpatient services.
SECTION 1.It is the intent of the Legislature to enact
legislation that would ensure that adequate health care services
are provided to children in county juvenile detention facilities by
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allowing the facilities to receive Medi-Cal reimbursement for
health care services provided to children while they are being
detained and awaiting adjudication by the courts.
O
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