Bill Text: CA SB970 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Health Care Reform Eligibility, Enrollment, and

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Vetoed) 2012-09-30 - In Senate. Consideration of Governor's veto pending. [SB970 Detail]

Download: California-2011-SB970-Amended.html

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BILL NUMBER: SB 970	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 17, 2012
	AMENDED IN SENATE  APRIL 9, 2012
	AMENDED IN SENATE  MARCH 29, 2012

INTRODUCED BY   Senator De León
    (   Principal coauthor:   Senator 
 Alquist   ) 
   (Coauthor: Senator DeSaulnier)
   (Coauthors: Assembly Members Ammiano, Hill, Portantino, Williams,
and Yamada)

                        JANUARY 17, 2012

   An act to add Sections 15927 and 15928 to the Welfare and
Institutions Code, relating to health and human services.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 970, as amended, De León. Health Care Reform Eligibility,
Enrollment, and Retention Planning Act: coordination with other
programs.
   Existing law, the Health Care Reform Eligibility, Enrollment, and
Retention Planning Act, requires the California Health and Human
Services Agency, in consultation with specified entities, to
establish standardized single, accessible application forms and
related renewal procedures for state health subsidy programs, as
defined, in accordance with specified requirements.
   This bill would require a county human services department to
allow an applicant initially applying for, or renewing, health care
coverage using the single state application developed pursuant to the
act, with the applicant's consent, to have his or her application
information used to simultaneously initiate applications for CalWORKs
and CalFresh, and would similarly require the county to assess
CalFresh recipients for potential state health subsidy program
eligibility, as specified. The bill would require the California
Health and Human Services Agency to convene a workgroup of human
services and health care advocates, legislative staff, and other
specified representatives, to identify other human services and work
support programs that might be integrated into this cross-application
process.  This bill would require the State Department of Health
Care Services, in cooperation with other specified entities and
representatives, to adopt regulations to implement the bill, as
specified.  Implementation of the process created by the bill
would be required by December 31, 2015, except as specified.
   By imposing new duties on counties, 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, 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.  Section 15927 is added to the Welfare and Institutions
Code, to read:
   15927.  (a) At the time of initial application for, or renewal of,
health care coverage using the single state application described in
subdivision (c) of Section 15926, an individual may consent to have
his or her application information used by the appropriate county
human services department to initiate a simultaneous application for
the California Work Opportunity and Responsibility to Kids (CalWORKs)
and CalFresh programs, and by other state or local departments, as
appropriate, for other human services or work support programs
identified by the workgroup established in subdivision (c).
   (b) If information used to renew a beneficiary's eligibility for a
state health subsidy program is sufficient to meet the requirements
for a CalWORKs or CalFresh semiannual report or annual
recertification, as specified in Sections 11265, 11265.1, 11265.2,
and 18925, the county human services department, with the beneficiary'
s consent, shall use that information to continue or recertify
CalWORKs or CalFresh benefits for all eligible individuals. 
Nothing in this subdivision shall be construed to either require or
prevent the shortening of a CalFresh certification period. 
   (c) The California Health and Human Services Agency shall convene
a workgroup of human services and health care advocates, legislative
staff, representatives of county human services departments and
county eligibility workers, and staff from appropriate state and
local departments, to consider and develop a plan for the integration
of additional human services and work support programs into the
process described in subdivision (a).
   (d) This section shall be implemented by December 31, 2015.
  SEC. 2.  Section 15928 is added to the Welfare and Institutions
Code, to read:
   15928.  (a) By October 1, 2013, a county human services agency
shall do all of the following, using data to which the agency has
access:
   (1) Identify nonassistance CalFresh recipients who are not
currently enrolled in a state health subsidy program.
   (2) Inform the recipients identified in paragraph (1) of the
requirement to be enrolled in health coverage under the federal
Patient Protection and Affordable Care Act (PPACA; Public Law
111-148), and of their right to, and likely eligibility for, free or
low-cost health coverage. With a recipient's consent, and if
information in his or her CalFresh case file is sufficient to
establish eligibility for health care coverage, the recipient shall
be enrolled into the state health subsidy program for which he or she
is eligible, beginning on the earliest date that the recipient is
eligible.
   (b) For a CalFresh recipient identified pursuant to paragraph (1)
of subdivision (a) who cannot be enrolled into a state health subsidy
program based upon the information available within the case file,
the county shall make every reasonable effort to contact the CalFresh
recipient to obtain the information needed to enroll the recipient
in a state health subsidy program.
   (c) The information shared pursuant to this section shall be used
exclusively for the purposes specified in this section.
   (d)  (1)    The department, in conjunction with
counties, the State Department of Social Services, and
representatives of the Statewide Automated Welfare System (SAWS)
consortia, county eligibility workers, consumers, and other affected
stakeholder groups, shall conduct a planning process  and
  to implement this section. 
    (2)     The   department, in
conjunction with the State Department of Social Services and in
consultation with the stakeholders specified in paragraph (1), shall
 develop administrative enrollment and renewal policies and
procedures  , which the department shall implement by means
of all-county letters or similar instructions from the director
 .  The director shall adopt regulations as are
necessary to   implement the administrative enrollment and
renewal policies and procedures in accordance with 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).  
   (3) As an alternative to paragraph (2), and 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 director may develop administrative
enrollment and renewal policies and procedures by means of a provider
bulletin, or other similar instructions, without taking regulatory
action, provided that no bulletin or other similar instructions
issued under this paragraph shall remain in effect after July 31,
2016. It is the intent of the Legislature that any regulations
adopted pursuant to paragraph (2) shall be adopted on or before July
31, 2016. 
  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.