Bill Text: CA AB2077 | 2021-2022 | Regular Session | Enrolled
Bill Title: Medi-Cal: monthly maintenance amount: personal and incidental needs.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2022-09-27 - Vetoed by Governor. [AB2077 Detail]
Download: California-2021-AB2077-Enrolled.html
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Enrolled
August 26, 2022 |
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Passed
IN
Senate
August 23, 2022 |
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Passed
IN
Assembly
August 24, 2022 |
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Amended
IN
Senate
August 11, 2022 |
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Amended
IN
Assembly
March 24, 2022 |
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Amended
IN
Assembly
March 15, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2077
| Introduced by Assembly Member Calderon (Coauthor: Senator Rubio) |
February 14, 2022 |
An act to amend Section 14005.12 of the Welfare and Institutions Code, relating to Medi-Cal.
LEGISLATIVE COUNSEL'S DIGEST
AB 2077, Calderon.
Medi-Cal: monthly maintenance amount: personal and incidental needs.
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. The Medi-Cal program is, in part, governed and funded by federal Medicaid provisions. Qualified individuals under the Medi-Cal program include medically needy persons and medically needy family persons who meet the required eligibility criteria, including applicable income requirements.
Existing law requires the department to establish income levels for maintenance need at the lowest levels that reasonably permit a medically needy person to meet their basic needs for food, clothing, and shelter, and for which federal financial participation will still be provided under applicable federal law. In calculating the income of a medically needy person in a
medical institution or nursing facility, or a person receiving institutional or noninstitutional services from a Program of All-Inclusive Care for the Elderly organization, the required monthly maintenance amount includes an amount providing for personal and incidental needs in the amount of not less than $35 per month while a patient. Existing law authorizes the department to increase, by regulation, this amount as necessitated by increasing costs of personal and incidental needs.
This bill would increase the monthly maintenance amount for personal and incidental needs from $35 to $80, commencing on July 1, 2024, or on the date that any necessary federal approvals are obtained, whichever is later. The bill would also condition implementation of this amount increase on an express appropriation in
the annual Budget Act or another statute for the purposes of the bill and federal financial participation being available and not otherwise jeopardized. The bill would require the department to implement these provisions through all-county letters or similar instructions until regulations are adopted.
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 14005.12 of the Welfare and Institutions Code, as amended by Section 72 of Chapter 47 of the Statutes of 2022, is amended to read:14005.12.
(a) For the purposes of Sections 14005.4 and 14005.7, the department shall establish the income levels for maintenance need at the lowest levels that reasonably permit medically needy persons to meet their basic needs for food, clothing, and shelter, and for which federal financial participation will still be provided under Title XIX of the federal Social Security Act. It is the intent of the Legislature that the income levels for maintenance need for medically needy aged, blind, and disabled adults, in particular, shall be based upon amounts that adequately reflect their needs.(1) Subject to paragraph (2),
any reduction in the maximum aid payment levels set forth in subdivision (a) of Section 11450 in the 1991–92 fiscal year, and thereafter, shall not result in a reduction in the income levels for maintenance under this section.
(2) (A) The department shall seek any necessary federal authorization for maintaining the income levels for maintenance at the levels in effect June 30, 1991.
(B) If federal authorization is not obtained, a medically needy person shall not be required to pay the difference between the share of cost as determined based on the payment levels in effect on June 30, 1991, under Section 11450, and the share of cost as determined based on the payment levels in
effect on July 1, 1991, and thereafter.
(3) Any medically needy person who was eligible for benefits under this chapter as categorically needy for the calendar month immediately preceding the effective date of the reductions in the minimum basic standards of adequate care for the Aid to Families with Dependent Children program as set forth in Section 11452.018 made in the 1995–96 Regular Session of the Legislature shall not be responsible for paying their share of cost if all of the following apply:
(A) The person had eligibility as categorically needy terminated by the reductions in the minimum basic standards of adequate care.
(B) The person, but for the reductions, would be eligible to continue receiving benefits under this chapter as categorically needy.
(C) The person is ineligible to receive benefits without a share of cost as a medically needy person pursuant to paragraph (1) or (2).
(b) In the case of a single individual, the amount of the income level for maintenance per month shall be 80 percent of the highest amount that would ordinarily be paid to a family of two persons, without any income or resources, under subdivision (a) of Section 11450, multiplied by the federal financial participation rate.
(c) In the case of a family of two adults, the income level for maintenance per month shall be the highest amount that would ordinarily be paid to a family of three persons without income or resources under subdivision (a) of Section 11450, multiplied by the federal financial participation rate.
(d) For the purposes of Sections 14005.4 and 14005.7, for a person in a medical institution or nursing facility, or for a person receiving institutional or noninstitutional services from a Program of All-Inclusive Care for the Elderly organization pursuant to Chapter 8.75 (commencing with Section 14591), the amount
considered as required for maintenance per month shall be computed in accordance with, and for those purposes required by, Title XIX of the federal Social Security Act, and regulations adopted pursuant thereto. Those amounts shall be computed pursuant to regulations, and shall provide for the following purposes:
(1) (A) Personal and incidental needs in the amount of not less than thirty-five dollars ($35), and, subject to subparagraph (B), not less than eighty
dollars ($80) per month while a patient. The department may, by regulation, increase this amount as necessitated by increasing costs of personal and incidental needs. A long-term health care facility shall not charge an individual for the laundry services or periodic hair care specified in Section 14110.4.
(B) (i) Commencing on July 1, 2024, or on the date that any necessary federal approvals described in clause (ii) are obtained, whichever is later, the minimum amount for personal and incidental needs shall be eighty dollars ($80) per month while a patient.
(ii) This subparagraph shall be implemented only to the extent that any necessary federal approvals are obtained and federal financial participation is available and not otherwise jeopardized.
(iii) Notwithstanding Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department, without taking any further regulatory action, shall implement, interpret, or make specific this subparagraph by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions until regulations are adopted.
(2) The upkeep and maintenance of the home.
(3) The support and care of their minor children, or any disabled relative for whose support they have contributed regularly, if there is no community spouse.
(4) If the person is an institutionalized spouse, for the support and care of their community spouse,
any minor or dependent child, any dependent parent, or any dependent sibling of either spouse, provided the individual is residing with the community spouse.
(5) The community spouse monthly income allowance shall be established at the maximum amount permitted in accordance with Section 1924(d)(1)(B) of Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396r-5(d)(1)(B)).
(6) The family allowance for each family member residing with the community spouse shall be computed in accordance with the formula established in Section 1924(d)(1)(C) of Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396r-5(d)(1)(C)).
(e) For the purposes of Sections 14005.4 and 14005.7, with regard to a person in a licensed community care facility, the amount considered as required for maintenance per month shall be computed pursuant to regulations adopted by the department that provide for the support and
care of a spouse, any minor child, or any disabled relative for whose support they have contributed regularly.
(f) The income levels for maintenance per month, except as specified in subdivisions (b) to (d), inclusive, shall be equal to the highest amounts that would ordinarily be paid to a family of the same size without any income or resources under subdivision (a) of Section 11450, multiplied by the federal financial participation rate.
(g) The “federal financial participation rate,” as used in this section, shall mean 1331/3 percent, or such other rate set forth in Section 1903 of the federal Social Security Act (42 U.S.C. Sec.
1396b), or its successor provisions.
(h) The income levels for maintenance per month shall not be decreased to reflect the presence in the household of any person receiving forms of aid other than Medi-Cal.
(i) When family members maintain separate residences, but eligibility is determined as a single unit under Section 14008, the income levels for maintenance per month shall be established for each household in accordance with subdivisions (b) to (h), inclusive. The total of these levels shall be the level for the single eligibility unit.
(j) The income levels for maintenance per month established pursuant to subdivisions (b) to (i), inclusive, shall be calculated on an annual basis,
rounded to the next higher multiple of one hundred dollars ($100), and then prorated.
(k) If the conditions described in paragraph (2) of subdivision (b) of Section 14005.12, as added by Section 73 of the act that added this subdivision, have been met, this section shall become inoperative on January 1, 2025, or the date certified by the department pursuant to paragraph (3) of subdivision (b) of Section 14005.12, as added by Section 73 of the act that added this subdivision, whichever is later, and shall be repealed on January 1 directly following that date.
SEC. 2.
Section 14005.12 of the Welfare and Institutions Code, as added by Section 73 of Chapter 47 of the Statutes of 2022, is amended to read:14005.12.
(a) For the purposes of Sections 14005.4 and 14005.7, the department shall establish the income levels for maintenance need at the lowest levels that reasonably permit medically needy persons to meet their basic needs for food, clothing, and shelter, and for which federal financial participation will still be provided under Title XIX of the federal Social Security Act. It is the intent of the Legislature that the income levels for maintenance need for medically needy aged, blind, and disabled adults, in particular, shall be based upon amounts that adequately reflect their needs.(1) Subject to paragraph (2),
any reduction in the maximum aid payment levels set forth in subdivision (a) of Section 11450 in the 1991–92 fiscal year, and thereafter, shall not result in a reduction in the income levels for maintenance under this section.
(2) (A) The department shall seek any necessary federal authorization for maintaining the income levels for maintenance at the levels in effect June 30, 1991, and, commencing no sooner than January 1, 2025, as described in subdivision (b).
(B) If federal authorization is not obtained, a medically needy person shall not be required to pay the difference between the share of cost as determined based on the payment levels in effect on June 30, 1991, under
Section 11450, and the share of cost as determined based on the payment levels in effect on July 1, 1991, and thereafter.
(3) Any medically needy person who was eligible for benefits under this chapter as categorically needy for the calendar month immediately preceding the effective date of the reductions in the minimum basic standards of adequate care for the Aid to Families with Dependent Children program as set forth in Section 11452.018 made in the 1995–96 Regular Session of the Legislature shall not be responsible for paying their share of cost if all of the following apply:
(A) The person had eligibility as categorically needy terminated by the reductions in the minimum basic standards of adequate care.
(B) The person, but for the reductions, would be eligible to continue receiving benefits under this chapter as categorically needy.
(C) The person is ineligible to receive benefits without a
share of cost as a medically needy person pursuant to paragraph (1) or (2).
(b) (1) Effective no sooner than January 1, 2025, and to the extent the department determines the conditions described in paragraph (2) have been met, the amount of the income level for maintenance per month shall be equal to the income limit for Medi-Cal without a share of cost for individuals described in Section 1396a(m)(1)(A) of Title 42 of the United States Code, as that income limit is calculated pursuant to paragraph (3) of subdivision (c) of Section 14005.40.
(2) Implementation of this section is contingent on both of the following conditions:
(A) All necessary federal approvals have been obtained by the department.
(B) The Legislature has appropriated funding to implement this section after a determination that ongoing General Fund resources are available to support the ongoing implementation
of this section in the 2024–25 fiscal year and subsequent fiscal years.
(3) The department shall issue a declaration certifying the date that all conditions in paragraph (2) have been met. The department shall post the declaration on its internet website and provide a copy of the declaration to the Secretary of State, the Secretary of the Senate, the Chief Clerk of the Assembly, and the Legislative Counsel.
(c) For the purposes of Sections 14005.4 and 14005.7, for a person in a medical institution or nursing facility, or for a person receiving institutional or noninstitutional services from a Program of All-Inclusive Care for the Elderly organization pursuant to Chapter 8.75 (commencing with Section 14591), the amount considered as required for maintenance per month shall be computed in accordance with, and for those purposes required by, Title XIX of the federal Social Security Act, and regulations adopted pursuant thereto. Those amounts shall be
computed pursuant to
regulations, and shall provide for the following purposes:
(1) (A) Personal and incidental needs in the amount of not less than thirty-five dollars ($35), and, subject to subparagraph (B), not less than eighty dollars ($80) per month while a patient. The department may, by regulation, increase this amount as necessitated by increasing costs of personal and incidental needs. A long-term health care facility shall not charge an individual for the laundry services or periodic hair care specified in Section 14110.4.
(B) (i) Commencing on July 1, 2024, or on the date that any necessary federal approvals described in clause (ii) are obtained, whichever is later, the minimum amount for personal and incidental needs shall be eighty dollars ($80) per month while a patient.
(ii) This subparagraph shall be implemented only to the extent that any necessary federal approvals are obtained and federal financial participation is available and not otherwise jeopardized.
(iii) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department, without taking any further regulatory action, shall implement, interpret, or make specific this subparagraph by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions until regulations are adopted.
(2) The upkeep and maintenance of the home.
(3) The support and care of their minor children, or any disabled relative for whose support they have contributed regularly, if there is no community spouse.
(4) If the person is an institutionalized spouse, for the support and care of their community spouse, any minor or dependent child, any dependent part, or any dependent sibling of either spouse, provided the individual is residing with the community spouse.
(5) The community spouse monthly income allowance shall be established at the maximum amount permitted in accordance with Section 1924(d)(1)(B) of Title XIX of the federal Social Security Act (42 U.S.C. Sec.
1396r-5(d)(1)(B)).
(6) The family allowance for each family member residing with the community spouse shall be computed in accordance with the formula established in Section 1924(d)(1)(C) of Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396r-5(d)(1)(C)).
(d) For the purposes of Sections 14005.4 and 14005.7, with regard to a person in a licensed community care facility, the amount considered as required for maintenance per month shall be computed pursuant to regulations adopted by the department that provide for the support and care of
a spouse, any minor child, or any disabled relative for whose support they have contributed regularly.
(e) The income levels for maintenance per month shall not be decreased to reflect the presence in the household of any person receiving forms of aid other than Medi-Cal.
(f) When family members maintain separate residences, but eligibility is determined as a single unit under Section 14008, the income levels for maintenance per month shall be established for each household in accordance with subdivisions (b) to (e), inclusive. The total of these levels shall be the level for the single eligibility unit.
(g) Notwithstanding the rulemaking provisions of Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement this section by means of all-county letters, provider bulletins or notices, policy letters, or other similar instructions, without taking any further regulatory action. Within two calendar years of implementing subdivision (d) of Section 14005.12, the department shall adopt, amend, or repeal any necessary regulations.
(h) This section shall become operative on January 1, 2025, or the date certified by the department pursuant to paragraph (3) of subdivision (b), whichever is later.
