Bill Text: CA AB1239 | 2023-2024 | Regular Session | Enrolled
Bill Title: Incarcerated persons: Family Planning, Access, Care, and Treatment Program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Enrolled) 2023-09-14 - In Senate. Held at Desk. [AB1239 Detail]
Download: California-2023-AB1239-Enrolled.html
|
Enrolled
September 12, 2023 |
|
Passed
IN
Senate
September 11, 2023 |
|
Passed
IN
Assembly
May 25, 2023 |
|
Amended
IN
Assembly
March 23, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1239
| Introduced by Assembly Member Calderon |
February 16, 2023 |
An act to amend Section 4011.11 of, and to add Section 2068 to, the Penal Code, relating to incarcerated persons.
LEGISLATIVE COUNSEL'S DIGEST
AB 1239, Calderon.
Incarcerated persons: Family Planning, Access, Care, and Treatment Program.
Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Under existing law, the Medi-Cal program, pursuant to a federal waiver, administers the Family Planning, Access, Care, and Treatment (Family PACT) Program to provide comprehensive clinical family planning services to any person who has a family income at or below 200% of the federal poverty level and who is eligible to receive those services pursuant to the waiver.
Existing law requires the suspension of Medi-Cal benefits for an individual who is an inmate of a public institution,
effective the date they become an inmate, and generally requires the suspension to end on the date they are no longer an inmate, as specified. Under existing law, subject to implementation of the California Advancing and Innovating Medi-Cal (CalAIM) initiative, and no sooner than January 1, 2023, a qualifying inmate of a public institution is eligible to receive targeted Medi-Cal services for 90 days, or as otherwise approved in the CalAIM Terms and Conditions, before they are released from a public institution, if otherwise eligible for the services.
Existing law requires the board of supervisors in each county, in consultation with the county sheriff, to designate an entity or entities to assist county jail inmates with submitting an application for a health insurance affordability program, as defined, consistent with federal requirements. Existing law sets
forth the procedures for designating a specified county official or a community-based organization to perform those functions.
This bill would require the State Department of Health Care Services, no later than September 1, 2025, to issue a list of Family PACT Program providers and clinics to an entity designated by the Department of Corrections and Rehabilitation for voluntary partnership with the department to assist a prison inmate with continuing and receiving specified health care services upon their release. The bill would impose a similar requirement on the State Department of Health Care Services for purposes of a list of Family PACT Program providers and clinics to assist county jail inmates, with the list being issued to an entity designated by county jails. Under the bill, any assistance provided to inmates would be provided only to the extent that
the inmate elects to apply for the program and receive assistance, as specified.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 2068 is added to the Penal Code, to read:2068.
(a) No later than September 1, 2025, the State Department of Health Care Services shall issue a list of Family Planning, Access, Care, and Treatment (Family PACT) Program providers and clinics to an entity designated by the Department of Corrections and Rehabilitation for voluntary partnership with the Department of Corrections and Rehabilitation to assist a prison inmate with continuing their prescribed contraception methods, as stated in Section 3409, and receiving services, including sexually transmitted infection and cervical cancer screenings, upon their release.(b) Any assistance provided to a prison inmate pursuant to subdivision (a) shall be provided only to the extent that the inmate elects to receive information on Family PACT Program
providers and clinics from the designated entity.
SEC. 2.
Section 4011.11 of the Penal Code is amended to read:4011.11.
(a) (1) Through December 31, 2022, the board of supervisors in each county, in consultation with the county sheriff, may designate an entity or entities to assist county jail inmates with submitting an application for a health insurance affordability program consistent with federal requirements.(2) The board of supervisors shall not designate the county sheriff as an entity to assist with submitting an application for a health insurance affordability program for county jail inmates unless the county sheriff agrees to perform this function.
(3) If the board of supervisors designates a community-based organization as an entity to assist with submitting an application for a health
insurance affordability program for county jail inmates, the designation shall be subject to approval by the jail administrator or their designee.
(b) (1) The jail administrator, or their designee, may coordinate with an entity designated pursuant to subdivision (a), through December 31, 2022.
(2) Commencing January 1, 2023, the jail administrator, or their designee, shall coordinate with an entity designated pursuant to subdivision (h), as applicable.
(c) Consistent with federal law, a county jail inmate who is currently enrolled in the Medi-Cal program shall remain eligible for, and shall not be terminated from, the program due to their incarceration unless required by federal law, they become otherwise ineligible, or the inmate’s suspension of benefits has ended pursuant to Section 14011.10
of the Welfare and Institutions Code.
(d) Notwithstanding any other state law, and only to the extent federal law allows and federal financial participation is available, an entity designated pursuant to subdivision (a) or (h) is authorized to act on behalf of a county jail inmate for the purpose of applying for, or determinations of, Medi-Cal eligibility for acute inpatient hospital services authorized by Section 14053.7 of the Welfare and Institutions Code. An entity designated pursuant to subdivision (a) or (h) shall not determine Medi-Cal eligibility or redetermine Medi-Cal eligibility, unless the entity is the county human services agency.
(e) The fact that an applicant is an inmate shall not, in and of itself, preclude a county human services agency from processing an application for the Medi-Cal program submitted to it by, or on behalf of, that inmate.
(f) For purposes of this section, “health insurance affordability program” means a program that is one of the following:
(1) The state’s Medi-Cal program under Title XIX of the federal Social Security Act.
(2) The state’s children’s health insurance program (CHIP) under Title XXI of the federal Social Security Act.
(3) A program that makes coverage in a qualified health plan through the California Health Benefit Exchange established pursuant to Section 100500 of the Government Code with advance payment of the premium tax credit established under Section 36B of the Internal Revenue Code available to qualified individuals.
(4) A program that makes available coverage in a qualified health plan
through the California Health Benefit Exchange established pursuant to Section 100500 of the Government Code with cost-sharing reductions established under Section 1402 of the federal Patient Protection and Affordable Care Act (Public Law 111-148) and any subsequent amendments to that act.
(g) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Health Care Services may implement this section, in whole or in part, by means of all-county letters or similar instructions, without taking any further regulatory action.
(h) (1) Notwithstanding any other law, commencing January 1, 2023, the board of supervisors in each county, in consultation with the county sheriff, shall designate an entity or entities to assist county jail inmates with submitting an application for, or
otherwise assisting their enrollment in, a health insurance affordability program consistent with federal requirements. The board of supervisors in each county, in consultation with the chief probation officer, shall designate an entity or entities to assist juvenile inmates in county juvenile facilities with submitting an application for, or otherwise assisting with an application for enrollment in, a health insurance affordability program consistent with federal requirements.
(2) The board of supervisors shall not designate the county sheriff as an entity to assist with submitting an application for a health insurance affordability program for county jail inmates unless the county sheriff agrees to perform this function, and shall not designate the chief probation officer as an entity to assist with submitting an application for a health insurance affordability program for juvenile inmates unless the chief probation officer agrees to perform
this function.
(3) If the board of supervisors designates a community-based organization as an entity to assist with submitting an application for a health insurance affordability program for county jail inmates, the designation for county jail inmates shall be subject to approval by the jail administrator or their designee, and the designation for juvenile inmates shall be subject to approval by the chief probation officer or their designee.
(4) (A) The department shall develop the data elements required to implement this section, in consultation with interested stakeholders that include representatives of counties, county sheriffs, county probation agencies, and whole person care pilot lead entities with experience working with incarcerated individuals.
(B) Notwithstanding any other law, the
department, counties, county sheriffs, and county probation agencies shall share the information and data necessary to facilitate the enrollment of inmates in health insurance affordability programs on or before their date of release and to appropriately suspend and unsuspend Medi-Cal coverage for beneficiaries.
(5) (A) No sooner than January 1, 2023, the State Department of Health Care Services, in consultation with counties, county sheriffs, probation departments, Medi-Cal managed care plans, and Medi-Cal behavioral health delivery systems, shall develop and implement a mandatory process by which county jails and county juvenile facilities coordinate with Medi-Cal managed care plans and Medi-Cal behavioral health delivery systems to facilitate continued behavioral health treatment in the community for county jail inmates and juvenile inmates that were receiving behavioral health services before their release.
(B) Notwithstanding any other law, including, but not limited to, Sections 11812 and 11845.5 of the Health and Safety Code and Section 5328 of the Welfare and Institutions Code, the sharing of health information, records, and other data with and among counties, Medi-Cal managed care plans, Medi-Cal behavioral health delivery systems, and other authorized providers or plan entities shall be permitted to the extent necessary to implement this paragraph. The department shall issue guidance identifying permissible data-sharing arrangements.
(C) For purposes of this paragraph, the following definitions shall apply:
(i) “Medi-Cal behavioral health delivery system” has the same meaning as set forth in subdivision (i) of Section 14184.101 of the Welfare and Institutions Code.
(ii) “Medi-Cal managed care plan” has the same meaning as set forth in subdivision (j) of Section 14184.101 of the Welfare and Institutions Code.
(i) (1) No later than September 1, 2025, the State Department of Health Care Services shall issue a list of Family Planning, Access, Care, and Treatment (Family PACT) Program providers and clinics to an entity designated by county jails for voluntary partnership with county jails to assist a county jail inmate with continuing their prescribed contraception methods, as stated in Section 3409, and receiving services, including sexually transmitted infection and cervical cancer screenings, upon their release.
(2) Any
assistance provided to a county jail inmate pursuant to paragraph (1) shall be provided only to the extent that the county jail inmate elects to receive information on Family PACT Program providers and clinics from the designated entity.
(3) For purposes of this subdivision, “Family PACT Program” has the same meaning as set forth in subdivision (aa) of Section 14132 of the Welfare and Institutions Code.
