Bill Text: CA SB1320 | 2013-2014 | Regular Session | Amended
Bill Title: Medi-Cal: eligibility.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-04-22 - Set, second hearing. Hearing canceled at the request of author. [SB1320 Detail]
Download: California-2013-SB1320-Amended.html
BILL NUMBER: SB 1320 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 26, 2014
INTRODUCED BY Senator Torres
FEBRUARY 21, 2014
An act to amend Section 11463 of the Welfare and
Institutions Code, relating to public social services.
add Section 14007.3 to the Welfare and Institutions Code, relating
to Medi-Cal.
LEGISLATIVE COUNSEL'S DIGEST
SB 1320, as amended, Torres. Social services.
Medi-Cal: eligibility.
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.
This bill would allow a military service member's dependent, who
is receiving home- and community-based services, to retain
eligibility for those services or have his or her benefits
temporarily suspended while he or she is living out of state due to
the military service member being posted outside the state on
military assignment, as provided. The bill would require the
department, when an application is submitted on behalf of a military
service member's dependent to receive home- and community-based
services, to determine whether the dependent is eligible and
qualified to receive those services, excluding from consideration any
military service health benefit plan coverage that the dependent may
be receiving at the time of the application. The bill would also
require the department to approve the application if the dependent is
otherwise eligible, require the department to direct services to the
dependent upon receipt of certain documents, and require the
services to be furnished on the date of the dependent's expected
residency in this state.
Existing law establishes the Aid to Families with Dependent
Children-Foster Care (AFDC-FC) program, under which counties provide
payments to foster care providers on behalf of qualified children in
foster care. The program is funded by a combination of federal,
state, and county funds. Under existing law, AFDC-FC benefits are
available, with specified exceptions, on behalf of qualified children
under 18 years of age. Existing law requires the State Department of
Social Services, with the advice, assistance, and cooperation of the
counties and foster care providers, to develop, implement, and
maintain a ratesetting system for foster family agencies. Existing
law requires that the AFDC-FC basic rate payment made to a certified
home of a foster family agency be equal to the basic rate paid for
children placed in a licensed or approved foster home.
This bill would make technical, nonsubstantive changes to those
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14007.3 is a dded to
the Welfare and Institutions Code , to read:
14007.3. (a) (1) A dependent of a military service member, who is
receiving home- and community-based services under the state's
Section 1915(c) waiver, shall retain eligibility for those services
or have his or her benefits temporarily suspended if the military
service member is a resident of the state and if the dependent leaves
the state due to the military service member being posted outside
the state on military assignment. When the dependent returns to the
state, the dependent shall continue to receive services under the
waiver as though the dependent had remained in the state during the
period in which the dependent was residing outside the state.
(2) The military service member may be considered a resident of
this state if the military service member demonstrates intent to make
California his or her principal place of residence. Factors
supporting this intent include all of the following:
(A) Being registered to vote in California.
(B) Filing a California income tax return in the preceding year.
(C) Holding a current, valid California driver's license or
identification card.
(b) (1) When an application is submitted on behalf of a military
service member's dependent to receive services under the state's
Section 1915(c) waiver, the department shall determine whether the
dependent is eligible and qualified to receive services provided
under the home- and community-based services programs, excluding from
consideration any military service health benefit plan coverage that
the dependent may be receiving at the time of the application. If
the dependent is otherwise eligible, the department shall approve the
application.
(2) The department shall direct services to the dependent upon
receipt of the military service member's DD Form 214, Certificate of
Release or Discharge from Active Duty, and a statement that the
dependent is a California resident.
(3) If the dependent is not yet residing in the state, services
shall be furnished on the date of the dependent's expected date of
residency.
(c) If necessary, the department shall request an amendment to the
state's Section 1915(c) waiver in order to implement these
provisions.
(d) The department may adopt rules and regulations to implement
the provisions of this section, as necessary.
(e) For purposes of this section, the following definitions apply:
(1) "Dependent" means the spouse, birth child, adopted child, or
stepchild of a military service member.
(2) "Military service member" means a person serving in the United
States Armed Forces or Military Reserve.
(3) "Section 1915(c) waiver" means home- and community-based
waivers for the developmentally disabled under Section 1915(c) of the
federal Social Security Act (42 U.S.C. Sec. 1396n(c)).
SECTION 1. Section 11463 of the Welfare and
Institutions Code is amended to read:
11463. (a) (1) The department, with the advice, assistance, and
cooperation of the counties and foster care providers, shall develop,
implement, and maintain a ratesetting system for foster family
agencies.
(2) A county shall not be reimbursed for any percentage increases
in payments, made on behalf of AFDC-FC funded children who are placed
with foster family agencies, that exceed the percentage
cost-of-living increase provided in any fiscal year beginning on
January 1, 1990, as specified in subdivision (c) of Section 11461.
(b) The department shall develop regulations specifying the
purposes, types, and services of foster family agencies, including
the use of those agencies for the provision of emergency shelter
care. A distinction, for ratesetting purposes, shall be drawn between
foster family agencies that provide treatment of children in foster
families and those that provide nontreatment services.
(c) The department shall develop and maintain regulations
specifying the procedure for the appeal of department decisions about
the setting of an agency's rate.
(d) On and after July 1, 1998, the schedule of rates, and the
components used in the rate calculations specified in the department'
s regulations, for foster family agencies shall be increased by 6
percent, rounded to the nearest dollar. The resultant amounts shall
constitute the new schedule of rates for foster family agencies.
(e) (1) On and after July 1, 1999, the schedule of rates and the
components used in the rate calculations specified in the department'
s regulations for foster family agencies shall be adjusted by an
amount equal to the California Necessities Index computed pursuant to
Section 11453, rounded to the nearest dollar, subject to the
availability of funds. The resultant amounts shall constitute the new
schedule of rates for foster family agencies, subject to further
adjustment pursuant to paragraph (2).
(2) In addition to the adjustment specified in paragraph (1),
commencing January 1, 2000, the schedule of rates and the components
used in the rate calculations specified in the department's
regulations for foster family agencies shall be increased by 2.36
percent, rounded to the nearest dollar. The resultant amounts shall
constitute the new schedule of rates for foster family agencies.
(f) For the 1999-2000 fiscal year, foster family agency rates that
are not determined by the schedule of rates set forth in the
department's regulations, shall be increased by the same percentage
as provided in subdivision (e).
(g) (1) For the 2000-01 fiscal year and each fiscal year
thereafter, the foster family agency rate shall be supplemented by
one hundred dollars ($100) for clothing per year per child in care,
subject to the availability of funds. The supplemental payment shall
be used to supplement, and shall not be used to supplant, any
clothing allowance paid in addition to the foster family agency rate.
(2) Notwithstanding paragraph (1), commencing with the 2012-13
fiscal year, and each fiscal year thereafter, no supplemental
clothing allowance shall be provided, because the rate issued in
accordance with paragraph (1) of subdivision (m) takes the cost of
clothing into account.
(h) In addition to the adjustment made pursuant to subdivision
(e), the component for social work activities in the rate calculation
specified in the department's regulations for foster family agencies
shall be increased by 10 percent, effective January 1, 2001. This
additional funding shall be used by foster family agencies solely to
supplement staffing, salaries, wages, and benefit levels of staff
performing social work activities. The schedule of rates shall be
recomputed using the adjusted amount for social work activities. The
resultant amounts shall constitute the new schedule of rates for
foster family agencies. The department may require a foster family
agency receiving this additional funding to certify that the funding
was utilized in accordance with the provisions of this section.
(i) The increased rate provided by subparagraph (C) of paragraph
(1) of subdivision (d) of Section 11461 shall not be used to compute
the monthly amount that may be paid to licensed foster family
agencies for the placement of children in certified foster homes.
(j) The total foster family agency rate by age group in effect as
of January 1, 2008, paid to licensed foster family agencies for the
placement of children in certified foster family homes, shall be
reduced by 10 percent, effective October 1, 2009. The foster family
agency shall have flexibility in applying the reduction, however,
nothing shall be deducted from the child base rate, as defined in
departmental regulations. When the rate is restored to at least the
rate in effect on September 1, 2009, the director shall issue the
declaration described in Section 1506.3 of the Health and Safety
Code.
(k) Effective October 1, 2009, the total foster family agency rate
by age group, in effect for those agency rates that are not
determined by the schedule of rates set forth in the department's
regulations, shall be reduced by the same percentage and in the same
manner as provided for in subdivision (j).
(l) (1) The department shall determine, consistent with the
requirements of this section and other relevant requirements under
law, the rate category for each foster family agency on a biennial
basis. Submission of the biennial rate application shall be according
to a schedule determined by the department.
(2) The department shall adopt regulations to implement this
subdivision. The adoption, amendment, repeal, or readoption of a
regulation authorized by this subdivision is deemed to be necessary
for the immediate preservation of the public peace, health and
safety, or general welfare, for purposes of Sections 11346.1 and
11349.6 of the Government Code, and the department is hereby exempted
from the requirement to describe specific facts showing the need for
immediate action.
(m) (1) On and after July 1, 2012, the basic rate payment that
shall be made to a certified parent pursuant to this section for the
care and supervision of a child who is living in a certified home of
a foster family agency, as defined in Section 11400, shall be equal
to the basic rate for children based in a licensed or approved home,
as specified in paragraph (1) of subdivision (g) of Section 11461.
(2) The basic rate payment to the certified parent made pursuant
to paragraph (1) shall be adjusted annually on July 1, by the annual
percentage change in the California Necessities Index, in accordance
with paragraph (2) of subdivision (g) of Section 11461. The
adjustment in this paragraph shall be in lieu of any adjustment
pursuant to subdivision (e).
(n) Notwithstanding any other law, the changes to the basic rate
payment specified in subdivision (m) shall not change the remaining
components of the foster family agency rate. The new foster family
agency rate shall be increased only by the amounts specified pursuant
to subdivision (m). The resulting amounts shall constitute the new
schedule of rates for foster family agencies, which shall be issued
by all-county letters or similar instructions from the department.
(o) Beginning in the 2011-12 fiscal year, and for each fiscal year
thereafter, funding and expenditures for programs and activities
under this section shall be in accordance with the requirements
provided in Sections 30025 and 30026.5 of the Government Code.
(p) (1) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
the department may implement, interpret, or make specific the changes
to this section made by Chapter 35 of the Statutes of 2012, and
amend and repeal regulations and orders subject to this section and
adopted by the department by means of all-county letters or similar
instructions from the department until regulations are adopted. The
department shall adopt emergency regulations no later than July 1,
2014. The department may readopt any emergency regulation authorized
by this section that is the same as, or substantially equivalent to,
an emergency regulation previously adopted under this section.
(2) The initial adoption of emergency regulations pursuant to this
section and one readoption of emergency regulations shall be deemed
an emergency and necessary for the immediate preservation of the
public peace, health, safety, or general welfare. Initial emergency
regulations and the one readoption of emergency regulations
authorized by this section shall be exempt from review by the Office
of Administrative Law. The initial emergency regulations and the one
readoption of emergency regulations authorized by this section shall
be submitted to the Office of Administrative Law for filing with the
Secretary of State and each shall remain in effect for no more than
180 days, by which time final regulations may be adopted.
