BILL ANALYSIS
SB 1616
Page 1
Date of Hearing: June 27, 2006
Counsel: Heather Hopkins
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Mark Leno, Chair
SB 1616 (Kuehl) - As Amended: April 17, 2006
As Proposed to be Amended in Committee
SUMMARY : Requires the Division of Juvenile Facilities (DJJ) of
the Department of Corrections and Rehabilitation to work with
the Social Security Administration (SSA) and the Department of
Health Services (DHS) to ensure that disabled wards are enrolled
in Medi-Cal and that their disability benefits are available to
them when they are released from incarceration at a state
institution. Specifically, this bill :
1)Requires DJJ to do all of the following with respect to a ward
with a disability:
a) Identify any ward who is likely to be eligible for the
Medi-Cal program upon release and was not enrolled in
Medi-Cal prior to incarceration, and to ensure that ward
applies for Medi-Cal no less than 90 days before the date
of his or her scheduled release;
b) Notify DHS regarding each ward who is determined by DJJ
to be likely to be eligible for Medi-Cal;
c) Notify the parent or guardian of its intention to ensure
the submission of the information pursuant to Item 1(a)
above to the county welfare department (CWD), and to
provide a reasonable amount of time to opt out of the
Medi-Cal eligibility determination; and,
d) Make sure that each ward who has been determined to be
eligible for Medi-Cal benefits by DHS possesses a Medi-Cal
card or temporary Medi-Cal documentation at the time of his
or her release from incarceration.
2)States that for purposes of this bill, a ward is "likely to be
eligible for Medi-Cal benefits" if any of the following
applies:
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a) The ward's enrollment in the Medi-Cal program was
terminated during his or her incarceration;
b) The ward was enrolled in the Medi-Cal program at any
time during the five years prior to his or her
incarceration; or,
c) The ward was not previously enrolled, but is likely to
meet eligibility criteria, in the Medi-Cal program upon his
or her release from incarceration.
3)Requires DJJ to do all of the following with respect to
supplemental security income (SSI) and social security
disability insurance (SSDI) benefits:
a) Request the federal SSA to suspend, rather than
terminate, the benefits of a ward who is enrolled in SSI or
SSDI program while he or she is incarcerated, and notify
SSA of his or her scheduled release date;
b) Ensure, when SSI or SSDI benefits are suspended or
terminated, that an application for reinstatement of
benefits is submitted no less than 90 days before the date
of the ward's release;
c) Identify any ward with a disability who is likely to be
eligible for SSI or SSDI upon release but was not enrolled
prior to incarceration, and to ensure that each of the
following occurs:
i) An application is filed on the ward's behalf no less
than 90 days before his or her scheduled release from
incarceration; and,
ii) The ward possesses a copy of the application
at the time of his or her release.
d) Provide a copy of each application to a family member
designated by the applicant and to any mental health case
worker who will work with the youth upon release. States
that permission is not required to provide a copy to a
parent or guardian in the case of a minor under the age of
16 years; and,
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e) Use its best efforts to negotiate pre-release agreements
with SSA to ensure that SSA considers applications
expeditiously.
4)States that "enrolled in the SSI or SSDI program" is defined
as currently eligible as determined by SSA pursuant to SSI or
SSDI program rules, and on eligibility rolls, even if cash
benefits are currently suspended.
5)States that, for purposes of this bill, a ward is "likely to
be eligible for SSI or SSDI benefits" if any of the following
applies:
a) The ward's enrollment in the SSI or SSDI program was
terminated during his or her incarceration;
b) The ward was enrolled in the SSI or SSDI program at any
time during the five years prior to his or her
incarceration; or,
c) The ward was not previously enrolled, but is likely to
meet eligibility criteria, in the SSI or SSDI program upon
his or her release from incarceration.
6)Requires DHS, with respect to an incarcerated youth with a
disability who was enrolled in the Medi-Cal program prior to
incarceration, to do both of the following:
a) Suspend, rather than terminate, eligibility for Medi-Cal
if permitted under federal law; and,
b) Restore Medi-Cal eligibility when such a youth is
released from incarceration.
7)Requires DHS, with respect to an incarcerated youth with a
disability who applies for Medi-Cal while incarcerated, to
review the application within 14 days of its receipt.
Requires DHS, if DHS has not completed an application review
prior to a ward's release and if DJJ has determined that the
ward is likely to be eligible for Medi-Cal, to issue a
temporary Medi-Cal document that establishes eligibility to
the youth prior to his or her release.
8)Requires a CWD, when a youth with a disability is found to be
ineligible for Medi-Cal, to forward information to the
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appropriate entity to determine if the ward is eligible for
the Healthy Families Program or another appropriate health
coverage program.
9)Requires DHS to convene a group of interested parties to help
implement this bill. Requires DJJ and DHS to collaborate in
the development of regulations, policies and procedures to
implement this bill.
10) Requires DHS to use its best efforts to obtain any
Medi-Cal state plan amendment necessary to implement this
bill. States that the Medi-Cal provisions of this bill will
apply only to the extent that federal financial participation
(FFP) is available.
11) Permits DHS to implement this bill using provider
bulletins and all county letters rather than regulations.
12) Defines "ward" and "incarcerated youth" for purposes of
this bill to as a person in the custody of DJJ.
EXISTING LAW :
1)Establishes the Medi-Cal program, administered by DHS, which
provides comprehensive health benefits to low-income children,
their parents or caretaker relatives, pregnant women, elderly,
blind or disabled persons, nursing home residents and
refugees, who meet specified eligibility criteria.
2)States that Medi-Cal benefits do not include care or services
for any individual who is an inmate of an institution (except
as a patient in a medical institution), except to the extent
permitted by federal law.
3)Prohibits, notwithstanding any other provision of law, the
denial of Medi-Cal benefits to any person for whom FFP is
available solely because such person is incarcerated in a
county or city jail or juvenile detention facility.
4)States, under California regulations, that individuals who are
inmates of public institutions are not eligible for Medi-Cal.
FISCAL EFFECT : Unknown
COMMENTS :
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1)Author's Statement : According to the author, "Ensuring that
incarcerated youth who are eligible for federal benefits have
access to those benefits will reduce recidivism and enhances
public safety - and provides these youth with a fair chance to
succeed after their release."
2)Scope of the Problem : According to background provided by the
author's office, "Each year, more than 2,000 youth are
released from DJJ, formerly the 'California Youth Authority'
(CYA). Many of these youth suffer from severe mental health
problems and disabilities, which hamper their successful
reentry into their communities. In fact, CYA estimated in
2001 that 71% of male wards have three to five diagnosable
mental health disorders and 82% of female wards have three to
nine diagnosable disorders. Further, 85% have substance abuse
problems. In order to successfully reintegrate into their
communities, these youth must have immediate access, upon
their release, to vital benefits and services for which they
are eligible, such as Medi-Cal and Supplemental Security
Income. However, at the present time, little effort is made
to ensure that youth who are receiving these benefits at the
time they are locked up retain their eligibility for them
during incarceration so they may start receiving them
immediately upon release, or to ensure that applications are
processed prior to release for youth who are likely to be but
not yet deemed eligible for benefits. Not surprisingly,
because inadequate efforts are made to obtain benefits for
youth that are necessary for them to succeed in the community,
76% of these youth are re-arrested within 42 months of
release.
"Ensuring that incarcerated youth have immediate access to
health care and cash assistance upon release will help ensure
successful reentry into their communities and reduce
recidivism in California. In fact, recent studies have shown
that youth who receive structured and meaningful mental health
treatment have recidivism rates 25% lower than those that go
untreated. The most successful mental health programs have
been shown to reduce recidivism rates up to 80%. Further,
these federal benefits will save California money in caring
for these vulnerable youth, while increasing the quality and
level of services they receive.
"The Fair Chance Act will assist youth with disabilities in
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maintaining their eligibility for Medi-Cal and SSI benefits
while they are incarcerated and in applying for benefits so
that, upon release, all eligible youth with disabilities
immediately begin to receive the benefits for which they are
eligible by directing DJJ and DHS to adopt policies and
procedures that enable youth with disabilities, upon release
from incarceration, to participate in federal/state benefit
programs for which they qualify and directing DJJ and DHS to
expeditiously reinstate and/or enroll youth with disabilities
in federal/state benefit programs for which they are eligible
immediately upon their release.
"By instituting these changes, the Fair Chance Act will greatly
improve outcomes for youth, ensure that more youth
successfully reintegrate into their communities, and reduce
recidivism in California."
3)Related Legislation :
a) AB 2004 (Yee) requires DHS, in the case of a minor who
has been incarcerated, to suspend the minor's Medi-Cal
benefits but not terminate the minor's Medi-Cal
eligibility; to ensure that such minors receive all health
care benefits for which they are eligible immediately on
release from incarceration; and to take all necessary
action to ensure that the Medi-Cal application of a minor
not previously been determined to be eligible for Medi-Cal
and enable the minor, if eligible, to receive Medi-Cal
covered services immediately upon release from
incarceration. AB 2004 applies to juvenile incarceration
in state or county facilities. AB 2004 pending hearing by
the Senate Health Committee.
b) SB 1469 (Cedillo) requires notifying the CWD when a
juvenile is released from state custody so that the CWD can
determine if the individual is eligible for Medi-Cal or
Healthy Families. SB 1469, pending hearing by the Assembly
Appropriations Committee, is limited to juveniles in county
facilities and imposes requirements primarily on CWDs.
c) AB 1945 (Coto) requires a juvenile detention facility,
when a minor is released from custody, to determine if the
minor will have health insurance after release, and if the
minor will not, to evaluate the eligibility of the minor
for enrollment in appropriate need-based programs. AB 1945
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was held by the author in the Assembly Health Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
National Center for Youth Law (Sponsor)
Association of Regional Center Agencies
California Medical Association
California National Organization of Women
California Psychiatric Association
California Public Defenders Association
Chief Probation Officers
Children's Advocacy Institute
Commission on the Status of Women
Fight Crime Invest in Kids California
National Association for the Mentally Ill
National Association of Social Workers
Solano County Board of Supervisors
Youth Law Center
Opposition
None on file
Analysis Prepared by : Heather Hopkins / PUB. S. / (916)
319-3744