Bill Text: CA AB2446 | 2023-2024 | Regular Session | Enrolled


Bill Title: Medi-Cal: diapers.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Vetoed) 2024-09-27 - Vetoed by Governor. [AB2446 Detail]

Download: California-2023-AB2446-Enrolled.html

Enrolled  September 03, 2024
Passed  IN  Senate  August 28, 2024
Passed  IN  Assembly  August 29, 2024
Amended  IN  Senate  August 23, 2024
Amended  IN  Senate  August 15, 2024
Amended  IN  Assembly  May 16, 2024
Amended  IN  Assembly  April 04, 2024
Amended  IN  Assembly  March 19, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2446


Introduced by Assembly Member Ortega
(Coauthors: Assembly Members Aguiar-Curry, Boerner, Davies, and Pellerin)
(Coauthor: Senator Blakespear)

February 13, 2024


An act to add Section 14132.33 to the Welfare and Institutions Code, relating to Medi-Cal.


LEGISLATIVE COUNSEL'S DIGEST


AB 2446, Ortega. Medi-Cal: diapers.
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 by, and funded pursuant to, federal Medicaid program provisions. Under existing law, incontinence medical supplies are covered by the Medi-Cal program.
This bill would establish diapers as a covered Medi-Cal benefit for a child greater than 3 years of age who has been diagnosed with a condition, as specified, that contributes to incontinence, and for an individual under 21 years of age if necessary to correct or ameliorate a condition pursuant to certain federal standards. The bill would limit the provided diapers to an appropriate supply based on the diagnosed condition and the age of the Medi-Cal beneficiary.
The bill would require the department to seek any necessary federal approvals to implement these provisions. The bill would condition implementation of these provisions on receipt of any necessary federal approvals, the availability of federal financial participation, and an appropriation by the Legislature.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 14132.33 is added to the Welfare and Institutions Code, to read:

14132.33.
 (a) Notwithstanding any other law, diapers are a covered Medi-Cal benefit for any child greater than three years of age who has been diagnosed with a physical, mental, neurological, or behavioral health condition that contributes to incontinence.
(b) Notwithstanding any other law, diapers are a covered Medi-Cal benefit for individuals under 21 years of age if necessary to correct or ameliorate a condition pursuant to the Early and Periodic Screening, Diagnostic, and Treatment (EPSDT) standards set forth under subdivision (b) of Section 14059.5 and under Section 1905(r) of the federal Social Security Act (42 U.S.C. Sec. 1396d(r)).
(c) Diapers provided pursuant to this section shall be limited to an appropriate supply based on the diagnosed condition and the age of the Medi-Cal beneficiary.
(d) The department shall seek any necessary federal approvals to implement this section. This section shall be implemented only to the extent that any necessary federal approvals are obtained and that federal financial participation is available and not otherwise jeopardized.
(e) Implementation of this section is contingent upon an appropriation by the Legislature.

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