Bill Text: CA SB10 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Health care coverage: immigration status.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Passed) 2016-06-10 - Chaptered by Secretary of State. Chapter 22, Statutes of 2016. [SB10 Detail]

Download: California-2015-SB10-Amended.html

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BILL NUMBER: SB 10	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 7, 2015
	AMENDED IN SENATE  JUNE 2, 2015

INTRODUCED BY   Senator Lara

                        DECEMBER 1, 2014

   An act to add  Chapter 1.7 (commencing with Section
12100.10) to Part 2 of Division 3 of Title 2 of the Government Code,
relating to immigration.   Section 14102.1 to the
Welfare and Institutions Code, relating to health care coverage.




	LEGISLATIVE COUNSEL'S DIGEST


   SB 10, as amended, Lara.  Immigration: Governor's Office
of New Americans.   Health care coverage: immigration
status.  
   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 Program provisions. The federal Medicaid Program provisions
prohibit payment to a state for medical assistance furnished to an
alien who is not lawfully admitted for permanent residence or
otherwise permanently residing in the United States under color of
law.  
   This bill would extend eligibility for full-scope Medi-Cal
benefits to individuals 19 years of age and older who are otherwise
eligible for those benefits but for their immigration status if the
department determines that sufficient funding is available, or for
limited scope Medi-Cal benefits if funding for full-scope benefits is
not available. The bill would require these individuals to enroll
into Medi-Cal managed care health plans, and to pay copayments and
premium contributions, to the extent required of otherwise eligible
Medi-Cal recipients who are similarly situated. The bill would
require that benefits for those services be provided with state-only
funds only if federal financial participation is not available.
Because counties are required to make Medi-Cal eligibility
determinations and this bill would expand Medi-Cal eligibility, the
bill would impose a state-mandated local program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.  
   Existing law establishes the Naturalization Services Program,
administered within the Department of Community Services and
Development, to fund community-based organizations in assisting legal
permanent residents in obtaining citizenship.  
   This bill would establish the Office of New Americans in the
Governor's office, administered by a director appointed by the
Governor, for the purpose of, among other things, coordinating an
ongoing multiagency, multisector public and private effort to provide
information and services to new Americans, overseeing the creation
of a statewide strategic plan for the coordination and implementation
of any presidential executive action on immigration reform or
federal comprehensive immigration reform, and providing outreach,
education, and fraud prevention services to the new American
population. The bill would require the office to develop and report a
comprehensive statewide assessment of integration programs,
services, and funding, and a statewide strategic plan for integration
of California's new Americans, to the Governor and Legislature, on
or before July 1, 2016. The bill would also require the office to
develop an online clearinghouse of immigrant integration information,
including services, resources, and programs. The bill would also
create the Office of New Americans Fund, would authorize the office
to receive private donations, and would require those donations to be
deposited into the fund, which, upon appropriation, would fund the
cost of establishing the office and performing the duties described
above. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


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

   SECTION 1.    (a) The Legislature finds and declares
all of the following:  
   (1) The Legislature and the Governor, through the enactment of the
Budget Act of 2015 (Chapter 11 of the Statutes of 2015), expanded
Medi-Cal eligibility for children to ensure that no child in
California who is income eligible will be denied access to health
care coverage on the basis of immigration status.  
   (2) Expanding access and increasing enrollment in comprehensive
health care coverage is of benefit to the health and welfare of all
Californians.  
   (3) Longstanding California law provides full-scope Medi-Cal
benefits to United States citizens, lawful permanent residents, and
individuals permanently residing in the United States under color of
law, including those granted deferred action.  
   (b) It is the intent of the Legislature in enacting this act to
increase opportunities for enrollment in comprehensive health care
coverage for adults, regardless of immigration status.  
   (c) It is further the intent of the Legislature that all
Californians who are otherwise eligible for Medi-Cal, a qualified
health plan offered through the California Health Benefit Exchange,
or affordable employer-based health coverage, enroll in that
coverage, and obtain the care that they need. 
   SEC. 2.    Section 14102.1 is added to the  
Welfare and Institutions Code   , to read:  
   14102.1.  (a) (1) Notwithstanding any other law, an individual 19
years of age or older who meets all of the eligibility requirements
for full-scope Medi-Cal benefits under this chapter, but for his or
her immigration status, may be enrolled for full-scope Medi-Cal
benefits, pursuant to paragraph (2).
   (2) When a county completes the Medi-Cal eligibility determination
process for an individual 19 years of age or older who meets all of
the eligibility requirements for full-scope Medi-Cal benefits under
this chapter, but for his or her immigration status, the county shall
transmit this information to the department to determine if
sufficient funding is available for this individual to receive
full-scope Medi-Cal benefits. If sufficient funding is available, the
individual shall be eligible for full-scope benefits. If sufficient
funding is not available, the individual shall be eligible for
limited scope Medi-Cal benefits.
   (b) This section shall not apply to individuals eligible for
coverage pursuant to Section 14102.
   (c) An individual who is eligible for coverage under subdivision
(a) shall be required to enroll into Medi-Cal managed care health
plans to the extent required of otherwise eligible Medi-Cal
recipients who are similarly situated.
   (d) An individual who is eligible for coverage under subdivision
(a) shall pay copayments and premium contributions to the extent
required of otherwise eligible Medi-Cal recipients who are similarly
situated.
   (e) Benefits for services under this section shall be provided
with state-only funds only if federal financial participation is not
available for those services. The department shall maximize federal
financial participation in implementing this section to the extent
allowable.
   (f) Eligibility for full-scope Medi-Cal benefits for an individual
19 years of age or older pursuant to subdivision (a) shall not be an
entitlement. The department shall have the authority to determine
eligibility, determine the number of individuals who may be enrolled,
establish limits on the number enrolled, and establish processes for
waiting lists needed to maintain program expenditures within
available funds.
   (g) 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 section by means of
all-county letters, plan letters, plan or provider bulletins, or
similar instructions until the time regulations are adopted. The
department shall adopt regulations by July 1, 2018, in accordance
with the requirements of Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code. Commencing
July 1, 2016, and notwithstanding Section 10231.5 of the Government
Code, the department shall provide a status report to the Legislature
on a semiannual basis, in compliance with Section 9795 of the
Government Code, until regulations have been adopted. 
   SEC. 3.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  
  SECTION 1.    The Legislature finds and declares
all of the following:
   (a) An estimated 2.6 million Californians are undocumented
immigrants. One in six children lives with an undocumented parent.
Eighty percent of these children are native born United States
citizens who stand to benefit from increased family stability and
economic security.
   (b) Last year, President Obama implemented an executive action to
expand deferred action on millions of Americans. This population will
need assistance with understanding eligibility, accessing resources,
and completing the requisite applications for deferred action.
   (c) Unfortunately, even with this expanded relief, half of
California's undocumented residents, more than one million people,
are still excluded. Those Californians excluded from relief are an
integral part of California's communities and workforce, and share
households with citizens, lawful permanent residents, and immigrants
who are eligible to apply for deportation protection. Yet, those
community members who are left behind will continue to face the
threat of family separation and deportation. Any statewide immigrant
integration strategy must reflect and protect the needs of this
important population.
   (d) California, which has the largest undocumented population in
the nation, has more to gain from immigration reform than any other
state. California's future depends on our ability to successfully
integrate immigrants, regardless of their immigration status, into
the state's economic, social, and political fabric.
   (e) One in 11 workers is an undocumented immigrant. Legalization
will allow undocumented immigrants to join the formal economy and
increase their economic contributions. Studies show that immigrants
are better off, by almost any economic measure, after gaining legal
status and citizenship. And what is good for California's
undocumented residents is good for the state.
   (f) Immigrant workers are important to our state's economy.
Studies show that immigrant workers contribute about 31 percent of
California's gross domestic product (GDP). Undocumented immigrants in
our state contribute about $130 billion of California's GDP, which
is a figure greater than the entire GDP of the state of Nevada, and
contribute more than $3.2 billion in state and local taxes.
   (g) Immigrant households also make up 27 percent of the total
household income in California, representing a substantial share of
all spending power in this state.
   (h) There are 1,214,000 undocumented immigrants in California who
are potentially eligible for deferred action under President Obama's
recent executive actions on immigration. If those immigrants are able
to receive a temporary work permit, it would lead to a $940 million
increase in tax revenues for California over five years.
   (i) Expanding deferred action will significantly strengthen
California's economy. When undocumented immigrants can work legally,
they are able to shield themselves against workplace exploitation and
move freely across the labor market to find jobs, leading to an 8.5
percent increase in their earnings. For the average undocumented
immigrant, that means that he or she is taking home an additional
$1,872 each year. As these extra earnings are spent throughout the
economy, demand for goods and services rises, spurring job creation
and raising the wages of all American workers.
   (j) Currently, five states, New York, Maryland, Maine,
Massachusetts, and Illinois have some form of statewide immigrant
integration office. Yet, despite California's historic,
forward-looking reforms and significant investment in new Americans,
to date, our state still lacks a proactive, statewide immigrant
integration effort and the most basic infrastructure for assessment,
planning, and coordination of programs, policies, and budget efforts
for ongoing new American integration. Absent this coordination,
undocumented Californians and the state's economy will not see the
largest possible return on investment, both in terms of social
integration and economic potential.
   (k) The success of a large-scale administrative relief
implementation program and effective implementation of current and
future state immigrant integration policies will depend significantly
upon the coordination of a multiagency, multisector, statewide,
public and private effort led by an experienced director. The state
must also apply a coordinated effort that leverages private and
public local, state, and federal resources to help fund the key
programs and services that provide accurate, accessible information
and services, including education, naturalization services, fraud
prevention services, application assistance, legal services, and
outreach about immigrant integration opportunities to immigrants.
 
  SEC. 2.    Chapter 1.7 (commencing with Section
12100.10) is added to Part 2 of Division 3 of Title 2 of the
Government Code, to read:
      CHAPTER 1.7.  THE GOVERNOR'S OFFICE OF NEW AMERICANS


   12100.10.  There is within the Governor's office an Office of New
Americans. The Governor shall appoint a director to administer the
office.
   12100.11.  The duties of the office shall include, but are not
limited to, all of the following:
   (a) Develop a comprehensive statewide assessment of integration
programs, services, and funding that serve immigrants, regardless of
status. The assessment shall include, but is not limited to, an
evaluation of all of the following:
   (1) Federal, state, and local laws and regulations that create
programs or authorize the access of participation of immigrants,
regardless of legal status.
   (2) Programs and services currently managed by a state agency or
department, local governmental agency, including local offices of
immigrant affairs established by the County of Los Angeles, the City
and County of San Francisco, and the County of Santa Clara, and
nonprofit organizations to support California immigrant integration,
such as naturalization services and other immigrant assistance
programs, including their funding levels, source of funding, and the
agency or department responsible for administering the funding or
implementing the program.
   (b) On or before July 1, 2016, report the findings of the
assessment described in subdivision (a) and a statewide strategic
plan for integration of California's new Americans to the Governor
and Legislature, including a strategy for monitoring and coordinating
implementation of immigrant integration policy and programs.
   (1) The plan shall include, but not be limited to, all of the
following:
   (A) The steps necessary for, and the feasibility of, interoffice
and interagency coordination of programs, services, and resources.
   (B) Recommendations for shifting or consolidating programs and
services, if any.
   (C) Recommendations for tracking implementation of federal, state,
and local immigrant integration laws, programs, and services,
including policy recommendations, if any.
   (D) Recommendations for the coordination of outreach, education,
and fraud prevention services by other public agencies and private
organizations to ensure that the new American population has accurate
information relating to eligibility requirements with regard to
presidential executive action, comprehensive immigration reform
(CIR), federal Deferred Action for Childhood Arrivals (DACA), federal
Deferred Action for Parental Accountability (DAPA), programs for
unaccompanied minors, and other policies, and where to obtain
reputable application assistance and legal services.
   (2) The requirement for submitting a report imposed by this
subdivision is inoperative on January 1, 2020, pursuant to Section
10231.5.
   (3) A report to be submitted pursuant to this subdivision shall be
submitted in compliance with Section 9795.
   (c) On or after July 1, 2016, develop an online clearinghouse of
immigrant integration information, including services, resources, and
programs.
   (d) Monitor the implementation of state laws and regulations,
including, but not limited to, all of the following:
   (1) Federal Deferred Action for Childhood Arrivals, federal
Deferred Action for Parental Accountability, and any other
presidential executive action on immigration reform or comprehensive
immigration reform.
   (2) Unaccompanied Minors Program.
   (3) Chapter 524 of the Statutes of 2013 (Assembly Bill 60 of the
2013-14 Regular Session).
   (4) Chapter 17.1 (commencing with Section 7282) of Division 7 of
Title 1, commonly referred to as the TRUST Act.
   (5) Chapter 752 of the Statutes of 2014 (Senate Bill 1159 of the
2013-14 Regular Session).
   (6) Chapter 814 of the Statues of 2001 (Assembly Bill 540 of the
2001-02 Regular Session).
   (7) Chapters 93 and 604 of the Statutes of 2011 (Assembly Bills
130 and 131 of the 2011-12 Regular Session), commonly referred to as
the Dream Act.
   (8) Chapter 754 of the Statutes of 2014 (Senate Bill 1210 of the
2013-14 Regular Session), commonly referred to as the DREAM Loan.
   (e) Create neighborhood-based connections between new Americans
and their communities through civic engagement and other
opportunities.
   (f) Marshal resources to fund these efforts.
   12100.12.  (a) The Office of New Americans Fund is hereby created
in the State Treasury. Moneys in the fund shall be used to pay the
cost of establishing the office, and any other purpose authorized by
this chapter.
   (b) The Office of New Americans Fund may be funded by both private
and public funds. The office may accept private cash donations to be
used for the purposes described in this chapter. Cash donations
received pursuant to this subdivision shall be deposited into the
fund and shall be made available upon appropriation by the
Legislature.