HomeMy WebLinkAboutMINUTES - 06032008 - C.40 TO:I' BOARD OF SUPERVISORS SEL Contra
FROM: - ...._ `'
Costa
JOE VALENTINE, Director off; ;n. ..
Employment and Human Services L)/ -
Department ��~~.
�A �-- County
olo
DATE: June 3, 2008
SUBJECT: SUPPORT SB 1132 (Migden) — Emancipated Foster Youth
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
SUPPORT Senate Bill 1132 (Migden), legislation that would exempt categorically eligible foster care
minors from having to periodically requalify for Medi-Cal benefits, as recommended by the
Employment and Human Services Director and County Administrator.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
The County's 2008 State Legislative Platform includes.the following health care policy position:
52. SUPPORT state actions to increase access and affordability. Access to care and
affordability of care are critical components of any health reform plan. ... Important
improvements to our current programs, including Medi-Cal, must be made ... to ensure
access."
Current law allows former foster children to receive Medi-Cal coverage up to age 21 without regard to
their income or assets. This coverage is intended to be continuous, with minimal action required on
the part of the youth. A single, simplified application is used for these adolescents and no income or
asset test is required because eligibility is assured by their status as former foster youth ("categorical
eligibility"). Congress created this state option in 1999 in recognition of the great difficulties
experienced by many of these formerly neglected and abused adolescents. Counties strongly
supported the creation of this program and have worked with the State and advocates in the past to
ensure that paperwork for these youth is kept to a minimum.
Since this program's inception in 2000, the requirements for youth to retain coverage have evolved
through multiple sets of county instructions issued by the State's Department of Health Care
Services. It has become clear that further clarification is needed about how much information these
youth are required to provide during the year and at their annual redetermination in order to ensure
that their coverage continues uninterrupted. Despite the cate al eligibility of foster youth, the
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEND IO OF BOARD COMMITTEE
�PROVE OTHER
SIGNATURE(S):
ACTION OF B RI ON .&We � �Ud� APPROVED AS RECOMMENDED R
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON THE
UNANIMOUS(ABSENT /'� ( y ) MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE
SHOWN.
AYES:_ NOES:
ABSENT: ABSTAIN:
ATTESTED:
Contact: K.Mitchoff,3-1676 JQ^CULLEN, LERK OF THE BOARD OF
cc: L.Delaney,CAO PERVISORS AND COUNTY ADMINISTRATOR
B DEPUTY
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Board Order re SUPPORT for SB 1132 (Migden)
June 3, 2008
Page 2
state currently requires emancipating youth to complete Medi-Cal eligibility forms as a prerequisite to
medical services. Eligibility for all Medi-Cal beneficiaries is re-determined annually, and the
Governor's budget has proposed requiring redeterminations four times every year. The author notes it
is unnecessary and burdensome to require applications and redeterminations of individuals who are
statutorily assured eligibility - and that this unnecessary re-determination jeopardizes the medical
.care of foster youth when forms may be filled out incorrectly, sent to the wrong address, or lost.
SB 1132 would clarify current law and procedures to ensure that these emancipated youth are
able to receive services with minimal action on their part. This will ensure ongoing health
coverage for these young adults, who often face tremendous odds against their success.
AMENDED IN SENATE APRIL 9, 2008
AMENDED IN SENATE MARCH 13, 2008
SENATE BILL No. 1132
Introduced by Senator Migden
January 29, 2008
An act to amend Section 14005.28 of the Welfare and Institutions
Code, relating to Medi-Cal..
LEGISLATIVE COUNSEL'S DIGEST
SB 1132, as amended,Migden. Mcdi-Cal: foster care adolescents.
Existing law provides for the Mcdi-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 Mcdi-'Cal benefits
to independent foster care adolescents, as defined in federal law.
This bill would specify that if the department has exercised its option
to extend Medi.-Cal benefits to those independent foster care adolescents,
the department, to the extent that f?decal financial participation is
available, shall not require the independent foster care adolescent to
complete any paperwork qualification or provide any other information
as a condition to continuing to receive the Medi-Cal benefits to which
he or she is already entitled.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
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SB 1132 —2—
The
2—The people of the State of California do enact as_follows:
1 SL-CTION 1. Section 14005.28 of the Welfare and Institutions
2 Code is amended to read:
3 14005.28. (a) To the extent federal financial participation is
4 available pursuant to an approved state plan amendment, the
5 department shall exercise its option under Section
6 1902(a)(10)(A)(ii)(XVIi) of the federal Social Security Act (42
7 U.S.C.Sec. 1396a(a)(10)(A)(ii)(XVH))to extend Medi-Cal benefits
8 to independent foster care adolescents, as defined in Section
9 1905(w)(1) of the federal Social Security Act (42 U.S.C. Sec.
10 1396d(w)(1)).
11 (b) Notwithstanding Chapter 3.5 (commencing with Section
12 11340) of Part 1 of Division 3 of Title 2 of the Government Code,
13 and if the state plan amendment described in subdivision (a) is
14 approved by the federal Centers for Medicare and Medicaid
15 Services, the department may implement subdivision (a) without
16 taking any regulatory action and by means of all-county letters or
17 similar instructions. Thereafter, the department shall adopt
18 regulations in accordance with the requirements of Chapter 3.5
19 (commencing with Section 11340)of Part 1 of Division 3 of Title
20 2 of the Government Code.
21 (c) The department shall implement subdivision(a)on October
22 1., 2000, but only if, and to the extent that, the department has
23 obtained all necessary federal approvals.
24 (d) If the department has exercised its option under Section
25 1902(a)(10)(A)(11)(XVII.) of the federal Social Security Act (42
26 U.S.C.Sec. .1396a(a)(10)(A)(i1)(X.VII))to extend Medi-Cal benefits
27 to independent foster care adolescents, as defined in Section
28 1905(w)(1) of the federal Social Security Act (42 U.S.C. Sec.
29 1396d(w)(1)), to the extent that federal financial participation is
30 available, at the time of . initial eligibility or at annual
31 redetermination,the department shall not require the independent
32 foster care adolescent to complete any paperwork qualification or
33 . to provide any other information as a condition of continuing to
34 receive the Medi-Cal benefits to which he or she is already entitled.
O
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