Bill Text: CA SB1487 | 2011-2012 | Regular Session | Amended
Bill Title: Medi-Cal: eligibility: former foster youths.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-05-24 - Held in committee and under submission. [SB1487 Detail]
Download: California-2011-SB1487-Amended.html
BILL NUMBER: SB 1487 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 30, 2012
AMENDED IN SENATE APRIL 17, 2012
AMENDED IN SENATE APRIL 12, 2012
INTRODUCED BY Senator Hernandez
( Principal coauthor: Senator
Alquist )
FEBRUARY 24, 2012
An act to add Section 14005.27 to the Welfare and Institutions
Code, relating to Medi-Cal.
LEGISLATIVE COUNSEL'S DIGEST
SB 1487, as amended, Hernandez. Medi-Cal: eligibility: former
foster youths.
Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Care Services and
under which health care benefits are provided to qualified low-income
individuals. The Medi-Cal program is, in part, governed and funded
by federal Medicaid provisions.
This bill would , commencing January 1,
2014, to the extent federal financial participation is
available and to the extent required by federal law, would
extend Medi-Cal eligibility , including eligibility for the
Early and Periodic Screening, Diagnosis, and Treatment (EPSDT)
Program, to youths who were formerly in foster care and who
are under 26 years of age, pursuant to prescribed provisions of
federal law.
Because each county is responsible for making Medi-Cal eligibility
determinations, by expanding 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The United States is the only industrialized country in the
world without a universal health insurance system.
(b) In 2006, the United States Census reported that 46 million
Americans did not have health insurance.
(c) On March 23, 2010, President Obama signed the Patient
Protection and Affordable Care Act (Public Law 111-148), which was
amended by the Health Care and Education Reconciliation Act of 2010
(Public Law 111-152), and collectively known as the Affordable Care
Act.
(d) The Affordable Care Act is the culmination of decades of
movement toward health reform, and is the most fundamental
legislative transformation of the United States health care system in
40 years.
(e) The Affordable Care Act has accomplished all of the
following: As a result of the enactment of the
Affordable Care Act:
(1) It is estimated over three million uninsured Californians will
obtain health care coverage, resulting in close to universal
coverage among documented residents in California who are under 65
years of age.
(2) An estimated 2.5 million more young adults nationwide
currently have health insurance through their parents' plan.
(3) Over 350,000 low-income Californians are receiving coverage
through local low-income health programs through early implementation
of one of its provisions.
(4) Over 8,000 medically uninsurable Californians are currently
receiving health coverage through the Pre-Existing Condition
Insurance Plan.
(5) Individuals who receive Medicare benefits can get key
preventive services, including mammograms and other cancer screening
tests for free.
(6) Insurance companies can no longer deny coverage to children
because of a preexisting condition.
(7) Insurance companies can no longer put a lifetime cap on the
dollar amount of coverage that an individual can receive.
(8) Insurance companies can no longer drop an individual's
coverage when he or she gets sick because of a mistake on an
application.
(9) Health insurers must spend 80 to 85 percent of consumers'
premiums on direct care for patients and efforts to improve care
quality.
(f) The Affordable Care Act is currently being challenged before
the United States Supreme Court, and a ruling is expected in June
2012.
(g) The Legislature remains confident that the United States
Supreme Court Justices will share the opinion expressed by Senior
Judge Lawrence Silberman of the United States Court of Appeals,
District of Columbia Circuit, that "the right to be free from federal
regulation is not absolute and yields to the imperative that
Congress be free to forge national solutions to national problems,"
and will uphold the law as constitutional.
(h) It is the intent of the Legislature to ensure full
implementation of the Affordable Care Act so that millions of
uninsured Californians can receive health insurance coverage and
those that have already obtained coverage under its provisions can
keep that coverage.
(i) It is further the intent of the Legislature to enact into
state law any provision of the Affordable Care Act that may be struck
down by the United States Supreme Court and that is necessary to
ensure all Californians receive the full promise of the act.
SEC. 2. Section 14005.27 is added to the Welfare and Institutions
Code, to read:
14005.27. (a) To Effective January 1,
2014, to the extent federal financial participation is
available and to the extent required by federal law, the department
shall extend Medi-Cal eligibility , including eligibility
for the Early and Periodic Screening, Diagnosis, and Treatment
(EPSDT) Program, to youths who were formerly in foster care
and who are under 26 years of age, pursuant to the federal Patient
Protection and Affordable Care Act (Public Law 111-148), as amended
by the federal Health Care and Education Reconciliation Act of 2010
(Public Law 111-152).
(b) The department may implement this section by adopting
regulations 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.
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.
