Bill Text: CA SB1418 | 2015-2016 | Regular Session | Amended
Bill Title: Medi-Cal: immigration status.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-11-30 - From committee without further action. [SB1418 Detail]
Download: California-2015-SB1418-Amended.html
BILL NUMBER: SB 1418 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 26, 2016
AMENDED IN SENATE APRIL 13, 2016
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Senator Lara
FEBRUARY 19, 2016
An act to amend Section 1288 of, and to repeal and add
Section 1246.5 of, the Business and Professions Code, relating to
clinical laboratories. An act to add Section 14102.1
to the Welfare and Institutions Code, relating to Medi-Cal, and
declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1418, as amended, Lara. Clinical laboratory testing.
Medi-Cal: 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 to 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 bill would require the department to adopt regulations by July
1, 2018, and, commencing July 1, 2016, would require the department
to provide a status report to the Legislature on a semiannual basis
until regulations have been adopted.
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.
This bill would declare that it is to take effect immediately as
an urgency statute.
Existing law provides for the regulation and licensure of clinical
laboratories and clinical laboratory personnel by the State
Department of Public Health and makes a violation of a provision
under this law a misdemeanor. Existing law authorizes a person to
request, and a licensed clinical laboratory or public health
laboratory to perform specified clinical laboratory tests, including
pregnancy, glucose level, cholesterol, and occult blood tests.
Existing law authorizes a registered clinical laboratory to perform
these tests if the test is subject to a certificate of waiver under
the Clinical Laboratory Improvement Amendments of 1988 and the
laboratory has registered with the State Department of Public Health.
Existing law authorizes the results of the test to be provided
directly to the person requesting the test if the test is on or for
his or her own body. Existing law requires that those test results be
provided in a manner that presents clear information and that
identifies results indicating the need for referral to a physician.
This bill would repeal those provisions and instead allow a person
to request, and a licensed clinical laboratory or public health
laboratory to perform, any laboratory test that the laboratory offers
to the public on a direct access basis without a healing arts
licensee's order. If a laboratory test is conducted without an order
from a healing arts licensee, the bill would require any report of
the test results to be provided to the person who was the subject of
the test. The bill would require the report to state in bold type
that it is the responsibility of the person who was tested to arrange
with his or her health care provider for consultation and
interpretation of the test results. The bill would make additional
conforming changes. By changing the definition of an existing crime,
this 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 no reimbursement is required by this
act for a specified reason.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: yes. State-mandated local program: 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.
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, 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.
SEC. 4. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to expand access to health care coverage to every
Californian as quickly as possible, it is necessary that this act go
into immediate effect.
SECTION 1. Section 1246.5 of the Business and
Professions Code is repealed.
SEC. 2. Section 1246.5 is added to the Business
and Professions Code, to read:
1246.5. (a) Notwithstanding any other law, a person may request,
and a licensed clinical laboratory or public health laboratory may
perform, any laboratory test that the laboratory offers to the public
without an order from a healing arts licensee or his or her
representative.
(b) If a laboratory test of a person is conducted without an order
from a healing arts licensee or his or her representative, the test
results shall be provided to the person who was the subject of the
test. The test results report shall state in bold type that it is the
responsibility of the person who was tested to arrange with his or
her health care provider for consultation and interpretation of the
test results.
(c) A healing arts licensee is not required to review or act on a
laboratory test result if the healing arts licensee or his or her
representative did not order the laboratory test. A healing arts
licensee is not subject to liability or disciplinary actions for
failure to review or act on the results of a laboratory test of any
person if the healing arts licensee or his or her representative did
not order the laboratory test.
(d) This section does not require that any laboratory test be
covered by a health care service plan contract or health insurance
policy.
SEC. 3. Section 1288 of the Business and
Professions Code is amended to read:
1288. A report of results issuing from a clinical laboratory
shall show clearly the name and address of the laboratory and the
name of the director.
SEC. 4. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
