Bill Text: CA SB289 | 2019-2020 | Regular Session | Amended
Bill Title: Medi-Cal: home- and community-based services: military.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-10-12 - Chaptered by Secretary of State. Chapter 846, Statutes of 2019. [SB289 Detail]
Download: California-2019-SB289-Amended.html
Amended
IN
Assembly
July 01, 2019 |
Amended
IN
Senate
April 08, 2019 |
Amended
IN
Senate
March 25, 2019 |
Senate Bill | No. 289 |
Introduced by Senator Archuleta |
February 14, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 14132.993 is added to the Welfare and Institutions Code, to read:14132.993.
(a) This section applies to the Home- and Community-Based Alternatives Waiver (HCBA), the Assisted Living Waiver (ALW), and, to the extent that the dependent child or spouse of an active duty military service member is deemed eligible for the Medi-Cal program, the Home- and Community-Based Services for the Developmentally Disabled (HCBS-DD) 1915(c) waiver programs, pursuant to state law and Section 1915(c) of the federal Social Security Act (42 U.S.C. Sec. 1396n(c)).(a)If a dependent child or spouse of an active duty military service member is eligible for, enrolled in, or placed on the waiting list for, the Home- and
Community-Based Alternatives Waiver (HCBA), the Assisted Living Waiver (ALW), or, to the extent the dependent child or spouse is deemed eligible for Medi-Cal, the Home- and Community-Based Services for the Developmentally Disabled (HCBS-DD) 1915(c) waiver programs, pursuant to state law and Section 1915(c) of the federal Social Security Act (42 U.S.C. Sec. 1396n(c)), the dependent child or spouse shall retain eligibility or current waiting list status for the applicable waiver program if the military service member receives a military order to transfer to another state, as long as the military service member retains California as the state of legal residence and the dependent child or spouse retains eligibility for those services.
(b)(1)An individual applying for the Home- and Community-Based Alternatives Waiver (HCBA), the Assisted Living Waiver (ALW), or, to the extent the dependent child or spouse is deemed eligible for Medi-Cal, the Home- and Community-Based Services for the Developmentally Disabled (HCBS-DD) 1915(c) waiver programs who is a dependent child or spouse of an active duty military service member residing in another state may submit the individual’s application as soon as the military service member receives a military order to transfer to this state and before moving to this state. A copy of the order shall be submitted with the application for the
Medi-Cal program and a Medi-Cal 1915(c) waiver program.
(2)If the enrollment process is made available prior to the individual’s arrival to this state, enrollment processing shall commence immediately upon notification that the individual is physically present in this state and able to participate in the waiver program.
(c)(1)This section is not intended to authorize the provision of services to a dependent child or spouse of an active duty military service member through a Medi-Cal 1915(c) waiver program while the military service member is transferred to another state or has not yet transferred to this state. Services provided to a dependent child or spouse who obtains or retains eligibility, or who retains current waiting list status, for that waiver
program pursuant to this section shall be provided after the transfer of the military service member to this state.
(2)This section is not intended to prevent another individual from receiving services through a Medi-Cal 1915(c) waiver program due to lack of space in that waiver program on the sole basis that a dependent child or spouse described in this section is placed on the waiting list for that waiver program while the active duty military service member is transferred to another state or has not yet transferred to this state.
(d)For purposes of this section, “dependent child” means an individual, whether a minor or an adult, who is a dependent of a parent or guardian.
(e)(1)This
section shall be implemented only to the extent that any necessary federal approvals have been obtained and that federal financial participation is available.
(2)The department shall seek federal waivers, or shall submit an amendment of the state plan, as necessary to implement this section.