Bill Text: CA AB540 | 2011-2012 | Regular Session | Enrolled
Bill Title: Medi-Cal: alcohol and drug screening and brief
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2012-09-29 - Consideration of Governor's veto pending. [AB540 Detail]
Download: California-2011-AB540-Enrolled.html
BILL NUMBER: AB 540 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 28, 2012
PASSED THE ASSEMBLY AUGUST 29, 2012
AMENDED IN SENATE AUGUST 15, 2011
AMENDED IN SENATE JULY 14, 2011
AMENDED IN ASSEMBLY APRIL 7, 2011
INTRODUCED BY Assembly Member Beall
(Coauthor: Senator Alquist)
FEBRUARY 16, 2011
An act to add Article 5.5 (commencing with Section 14184) to
Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions
Code, relating to Medi-Cal.
LEGISLATIVE COUNSEL'S DIGEST
AB 540, Beall. Medi-Cal: alcohol and drug screening and brief
intervention services.
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 establish the Medi-Cal Alcohol and Drug Screening
and Brief Intervention Services Program, under which the department,
in consultation with the State Department of Alcohol and Drug
Programs, would be required to provide reimbursement under the
Medi-Cal program for alcohol and drug screening and brief
intervention services provided to Medi-Cal beneficiaries who are
pregnant women or women of childbearing age, as specified. This bill
would require the nonfederal share of expenditures submitted to the
federal Centers for Medicare and Medicaid Services (CMS), for
purposes of claiming federal financial participation for services
provided pursuant to the program, to be comprised of only those funds
that are paid by a public entity, as defined. The bill would require
a public entity that elects to participate in the program to
reimburse the state for any costs of creating and administering the
program. The bill would require the department to seek all necessary
federal approvals for the implementation of the program. The bill
would make participation in the program voluntary for a qualifying
Medi-Cal beneficiary.
The bill would provide that these provisions shall be implemented
only if, and to the extent that, federal financial participation is
available for that purpose.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Screening and brief intervention for alcohol and other drug
abuse, in emergency rooms, primary care centers, clinics, and other
settings, have been demonstrated to be valuable and effective tools
in the prevention, interruption, and treatment of alcohol and other
drug abuse.
(b) Alcohol and drug screening and brief intervention services
should be readily available to patients in emergency rooms, primary
care centers, clinics, and other appropriate settings.
(c) A Medi-Cal beneficiary eligible for alcohol and drug screening
and brief intervention services should not be discriminated against
based on his or her type of coverage.
(d) The use of available federal and other funds to support the
delivery of alcohol and drug screening and brief intervention
services should be maximized.
SEC. 2. Article 5.5 (commencing with Section 14184) is added to
Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions
Code, to read:
Article 5.5. Medi-Cal Alcohol and Drug Screening and Brief
Intervention Services Program
14184. This article shall be known, and may be cited, as the
Medi-Cal Alcohol and Drug Screening and Brief Intervention Services
Program.
14184.1. For purposes of this article, the following definitions
shall apply:
(a) "Department" means the State Department of Health Care
Services.
(b) "Public entity" means a county, or other local governmental
entity designated by the department, that elects to provide or
contract for alcohol and drug screening and brief intervention
services for Medi-Cal beneficiaries who are pregnant women or women
of childbearing age pursuant to this article.
14184.2. (a) The Medi-Cal Alcohol and Drug Screening and Brief
Intervention Services Program is hereby established.
(b) The department, in consultation with the State Department of
Alcohol and Drug Programs, shall, pursuant to this article, provide
reimbursement under the Medi-Cal program for alcohol and drug
screening and brief intervention services provided to Medi-Cal
beneficiaries who are pregnant women or women of childbearing age.
(c) The department, in implementing this article, shall do all of
the following:
(1) Create an appropriate mechanism to enable a public entity to
pay the nonfederal share of the cost of providing services pursuant
to this article.
(2) Submit claims for federal financial participation for the
expenditures for the services described in subdivision (b) that are
allowable expenditures under federal law.
(3) Establish standards, billing codes, and reimbursement rates
for the services described in subdivision (b) that are consistent
with Title XIX of the federal Social Security Act (42 U.S.C. Sec.
1396 et seq.). The screening and brief intervention model used
pursuant to this program shall be the most medically appropriate and
within current standards of practice.
(d) The nonfederal share of expenditures submitted to the federal
Centers for Medicare and Medicaid Services (CMS) for purposes of
claiming federal financial participation shall be comprised of only
those funds that are paid by a public entity, as defined in
subdivision (b) of Section 14184.1.
(e) The department shall seek all necessary federal approvals in
order to implement this article, including any amendments to the
state plan. To the extent that any element or requirement of this
article is not approved, the department shall submit a request to CMS
for any waivers that would be necessary to implement this article.
(f) Upon receipt of federal reimbursement for the claim, including
federal matching funds, the department shall provide the
reimbursement to the public entity for which the claim was submitted.
(g) Notwithstanding 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, and make specific this article
by means of all-county letters, provider bulletins, and similar
instructions.
(h) Participation in the screening and intervention program
established pursuant to this article shall be voluntary for a
Medi-Cal beneficiary. Participation in the program, and results of
the screening, shall be maintained in the beneficiary's confidential
medical records and shall be subject to all confidentiality
requirements applicable to medical records.
(i) General Fund moneys shall not be used in implementing this
article to provide alcohol and drug screening and brief intervention
services to Medi-Cal beneficiaries who are pregnant or who are women
of childbearing age.
(j) A public entity shall, as a condition of receiving federal
financial participation for certified public expenditures made for
alcohol and drug screening and brief intervention services for a
Medi-Cal beneficiary who is pregnant or who is a woman of
childbearing age, enter into, and abide by, an agreement with the
department regarding the implementation of this section and
reimbursement to the department for the department's costs for
administering this section. A public entity that elects to
participate in the program established pursuant to this article shall
reimburse the state for any costs of creating and administering the
program.
14184.3. This article shall be implemented only if, and to the
extent that, federal financial participation is available for this
purpose.
