Bill Text: CA AB1415 | 2011-2012 | Regular Session | Introduced

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Bill Title: Adult day health care.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1415 Detail]

Download: California-2011-AB1415-Introduced.html

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BILL NUMBER: AB 1415	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Blumenfield

                        MARCH 16, 2011

   An act to add Chapter 8.6 (commencing with Section 14515) to Part
3 of Division 9 of the Welfare and Institutions Code, relating to
Medi-Cal, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1415, as introduced, Blumenfield. Adult day health care.
   Existing law establishes the Medi-Cal program, administered by the
State Department of Health Care Services, under which health care
services are provided to qualified, low-income persons. The Medi-Cal
program is, in part, governed and funded by federal Medicaid Program
provisions. Existing law, the Adult Day Health Medi-Cal Law,
establishes adult day health care (ADHC) services as a Medi-Cal
benefit for Medi-Cal beneficiaries who meet certain criteria.
   This bill would provide that it is the intent of the Legislature
to provide for an orderly conversion of ADHC from a Medi-Cal benefit
to a program operating under a specified waiver. This bill would
require the department to establish the Keeping Adults Free from
Institutions (KAFI) program for the purposes of transitioning
individuals from the ADHC program to a program under a waiver or to
any other supportive services, if appropriate. The bill would require
the department to take all appropriate action to obtain expedited
approval from the federal Centers for Medicare and Medicaid Services
to convert the ADHC program to a federal waiver.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 8.6 (commencing with Section 14515) is added to
Part 3 of Division 9 of the Welfare and Institutions Code, to read:
      CHAPTER 8.6.  KEEPING ADULTS FREE FROM INSTITUTIONS


   14515.  (a) It is the intent of the Legislature in enacting this
chapter to provide for an orderly conversion of adult day health care
(ADHC) from a Medi-Cal benefit under Chapter 7 (commencing with
Section 14000) of this part, to a program operating under a Section
1915(c) waiver under the federal Social Security Act (42 U.S.C. 1396n
(c)), so that approval by the federal Centers for Medicare and
Medicaid Services (CMS) to eliminate ADHC as a state plan benefit is
concurrent with CMS approval of the waiver. It is the intent of the
Legislature to establish and continue a community-based system of
quality adult day health care services that will accomplish all of
the following:
   (1) Ensure that elderly persons and adults with disabilities will
not be institutionalized prematurely and inappropriately.
   (2) Provide appropriate health and social services designed to
maintain elderly persons in their own communities.
   (3) Establish adult day health care centers in locations easily
accessible to persons who are economically disadvantaged.
   (4) Encourage the establishment of rural alternative adult day
health care centers that are designed to make adult day health care
accessible to elderly persons and adults with disabilities living in
rural areas.
   (b) The department shall establish the Keeping Adults Free from
Institutions (KAFI) program for the purposes of transitioning
individuals from the ADHC program to a program under a Section 1915
(c) waiver or to any other supportive services, if appropriate.
   (c) The department shall take all appropriate action to obtain
expedited approval by CMS to convert the ADHC program to a Section
1915(c) waiver.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order for the provisions of this act to be implemented at the
earliest possible time and thereby avoid a gap in services to
beneficiaries of adult day health care, it is necessary that this act
take effect immediately.