Medi-Cal: immigration status., the official text

An act to amend Section 14007.2 of, to add Article 6 (commencing with Section 15210) to Chapter 9 of Part 3 of Division 9 of, and to repeal Section 14007.8 of, the Welfare and Institutions Code, relating to Medi-Cal, and making an appropriation therefor.

LEGISLATIVE COUNSEL'S DIGEST

Existing federal law provides for the Medicare Program, which is a public health insurance program for persons 65 years of age and older and specified persons with disabilities who are under 65 years of age. Existing law provides for the Medi-Cal program, administered by the State Department of Health Care Services and 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 prohibits 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. Existing state law extends Medi-Cal eligibility for the full scope of Medi-Cal benefits to an individual who does not have satisfactory immigrant status if they are otherwise eligible for those benefits, as specified.
This bill would create the Serving Our Seniors Fund, would make an individual who does not have satisfactory immigrant status ineligible for Medi-Cal benefits, and would transfer funds previously appropriated for the provision of Medi-Cal benefits to those individuals to that fund. The bill would appropriate the moneys in that fund to the State Department of Health Care Services to restore and maintain payments for Medicare Part B premiums for eligible individuals. By making the moneys available without regard to fiscal years, the bill would create a continuous appropriation.

The people of the State of California do enact as follows:

SECTION 1.
Section 14007.2 of the Welfare and Institutions Code is amended to read:
14007.2.
(a) Any individual who is otherwise eligible for Medi-Cal services, but who does not meet the documentation requirements described in subdivision (e) of Section 14011.2, shall be eligible only for the scope of services made available to persons who are not citizens or nationals of the United States under subdivision (d) of Section 14007.5 and Sections 14007.65 and 14007.7.
(b) To the extent that federal financial participation is available to fund services described under subdivision (a), the department shall file all necessary state plan amendments or waivers to obtain that funding.

SEC. 2.
Section 14007.8 of the Welfare and Institutions Code is repealed.

SEC. 3.
Article 6 (commencing with Section 15210) is added to Chapter 9 of Part 3 of Division 9 of the Welfare and Institutions Code, to read:
6.
Serving Our Seniors Fund15210.
(a) The Serving Our Seniors Fund is hereby created in the State Treasury.
(b) Notwithstanding Section 13340 of the Government Code, funds deposited and maintained under this section are continuously appropriated, without regard to fiscal years, to the State Department of Health Care Services to restore and maintain payments for Medicare Part B premiums for eligible individuals.

SEC. 4.
All funds previously appropriated for the purpose of providing Medi-Cal benefits pursuant to former Section 14007.8 of the Welfare and Institutions Code, and not encumbered on or before January 1, 2026, shall transfer to the Serving Our Seniors Fund.