Bill Text: CA AB1864 | 2009-2010 | Regular Session | Amended
Bill Title: Medi-Cal: HIV drug treatment: developmental services:
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-05-28 - In committee: Set, second hearing. Held under submission. [AB1864 Detail]
Download: California-2009-AB1864-Amended.html
BILL NUMBER: AB 1864 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 6, 2010
INTRODUCED BY Assembly Members Audra Strickland and Galgiani
FEBRUARY 12, 2010
An act to amend Section 16531.1 of the Government Code, relating
to Medi-Cal, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1864, as amended, Audra Strickland. Medi-Cal: HIV drug
treatment: developmental services: provider reimbursement.
Existing law establishes the Medi-Cal program, administered by the
State Department of Health Care Services, under which basic health
care services are provided to qualified low-income persons.
Existing law creates the continuously appropriated Medical
Providers Interim Payment Fund, for the purposes of paying Medi-Cal
providers, providers of drug treatment services for persons infected
with HIV, and providers of services for the developmentally disabled,
on and after July 1 and before September 1, of the fiscal year for
which a budget has not yet been enacted or there is a deficiency in
the Medi-Cal budget in any fiscal year, and transfers or
appropriates, for each fiscal year in which these payments are
necessary, up to $1,000,000,000 from the General Fund, in the form of
loans, and $1,000,000,000 from the Federal Trust Fund, to the
Medical Providers Interim Payment Fund.
This bill would, instead, provide that these transfers to the
Medical Providers Interim Payment Fund shall be in an amount
sufficient to make continued payments to the above-described
providers on or after July 1 of the fiscal year for which no budget
has been enacted until the date upon which a budget is enacted for
that year or when there is a deficiency in the Medi-Cal budget. To
the extent that the bill would increase the amount transferred into a
continuously appropriated fund, this bill would make an
appropriation.
This bill would increase, to an amount not to exceed
$2,500,000,000, the annual appropriation from the General Fund and
from the Federal Trust Fund to the Medical Providers Interim Payment
Fund. By increasing the amount transferred into a continuously
appropriated fund, this bill would make an appropriation.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 16531.1 of the
Government Code is amended to read:
16531.1. (a) Notwithstanding any other provision of law and
without regard to fiscal year, if the annual State Budget is not
enacted by June 30 of any fiscal year preceding the fiscal year to
which the budget would apply or there is a deficiency in the Medi-Cal
budget during any fiscal year, both of the following shall occur:
(1) The Controller shall annually transfer from the General Fund,
in the form of one or more loans, an amount not to exceed a
cumulative total of one two billion
five hundred million dollars ($1,000,000,000)
($2,500,000,000) in any fiscal year, to the
Medical Providers Interim Payment Fund, which is hereby created in
the State Treasury. Notwithstanding Section 13340 of the Government
Code, the Medical Providers Interim Payment Fund is hereby
continuously appropriated for the purpose of making payments to
Medi-Cal providers, providers of services under Chapter 6 (commencing
with Section 120950) of Part 4 of Division 105 of the Health and
Safety Code, and providers of services under Division 4.5 (commencing
with Section 4500) of the Welfare and Institutions Code, on or after
July 1 of the fiscal year for which no budget has been enacted and
before September 1 of that year or for the purpose of making payments
to Medi-Cal providers, providers of services under Chapter 6
(commencing with Section 120950) of Part 4 of Division 105 of the
Health and Safety Code, and providers of services under Division 4.5
(commencing with Section 4500) of the Welfare and Institutions Code,
during the period in which the Medi-Cal program has a deficiency.
Payments shall be made pursuant to this subdivision if both of the
following conditions have been met:
(A) An invoice has been submitted for the services.
(B) Payment for the services is due and payable and the State
Department of Health Care Services determines that payment
would be valid.
(2) For any fiscal year to which this subdivision applies, there
is hereby appropriated the sum of one two
billion five hundred million dollars
($1,000,000,000) ($2,500,000,000) from the
Federal Trust Fund to the Medical Providers Interim Payment Fund.
(b) Upon the enactment of the annual Budget Act or a deficiency
bill in any fiscal year to which subdivision (a) applies, the
Controller shall transfer all expenditures and unexpended funds in
the Medical Providers Interim Payment Fund to the appropriate Budget
Act item.
(c) The amount of any loan made pursuant to subdivision (a) and
for which moneys were expended from the Medical Providers Interim
Payment Fund shall be repaid by debiting the appropriate Budget Act
item in accordance with the procedure prescribed by the Department of
Finance.
SECTION 1. Section 16531.1 of the Government
Code is amended to read:
16531.1. (a) Notwithstanding any other provision of law and
without regard to fiscal year, if the annual State Budget is not
enacted by June 30 of any fiscal year preceding the fiscal year to
which the budget would apply or there is a deficiency in the Medi-Cal
budget during any fiscal year, both of the following shall occur:
(1) (A) The Controller shall transfer from the General Fund, in
the form of one or more loans, an amount sufficient to make continued
payments to Medi-Cal providers, providers of services under Chapter
6 (commencing with Section 120950) of Part 4 of Division 105 of the
Health and Safety Code, and providers of services under Division 4.5
(commencing with Section 4500) of the Welfare and Institutions Code,
to the Medical Providers Interim Payment Fund, which is hereby
created in the State Treasury. Notwithstanding Section 13340, the
Medical Providers Interim Payment Fund is hereby continuously
appropriated without regard to fiscal year for the purpose of making
payments in either of the following ways:
(i) On or after July 1 of the fiscal year for which no budget has
been enacted, and until the date upon which a budget is enacted for
that year, to Medi-Cal providers, providers of services under Chapter
6 (commencing with Section 120950) of Part 4 of Division 105 of the
Health and Safety Code, and providers of services under Division 4.5
(commencing with Section 4500) of the Welfare and Institutions Code.
(ii) During the period in which the Medi-Cal program has a
deficiency, to Medi-Cal providers.
(B) Payments shall be made pursuant to this subdivision if both of
the following conditions have been met:
(i) An invoice has been submitted for the services.
(ii) Payment for the services is due and payable and the State
Department of Health Services determines that payment would be valid.
(2) For any fiscal year to which this subdivision applies, there
is hereby appropriated an amount of money that is sufficient to make
additional continued payments to the providers described in paragraph
(1) on or after July 1 of the fiscal year in which no budget has
been enacted and until the date upon which a budget is enacted for
that year, or during the period in which the Medi-Cal program has a
deficiency, from the Federal Trust Fund to the Medical Providers
Interim Payment Fund.
(b) Upon the enactment of the annual Budget Act or a deficiency
bill in any fiscal year to which subdivision (a) applies, the
Controller shall transfer all expenditures and unexpended funds in
the Medical Providers Interim Payment Fund to the appropriate Budget
Act item.
(c) The amount of any loan made pursuant to subdivision (a) and
for which moneys were expended from the Medical Providers Interim
Payment Fund shall be repaid by debiting the appropriate Budget Act
item in accordance with the procedure prescribed by the Department of
Finance.
