Health and Human Services 05/20/2011
Foster Youth
AB 212 (Beall) – Support
As Amended on March 29, 2011
AB 212, by Assembly Member Jim Beall, would implement technical
provisions related to last year’s landmark foster care
legislation, the California Fostering Connections to Success Act
of 2010 (AB 12).
AB 212 is the result of efforts by counties, co-sponsors, and
Department of Social Services staff to “clean up” some provisions
of AB 12. To that end, AB 212 mostly focuses on implementing
KinGAP eligibility for young adults aged 18 to 21, and
streamlining the assessment portion of the legal guardianship and
adoptions process.
The Assembly Appropriations Committee passed AB 212 as part of
their unanimous consent calendar on May 18. It now goes to the
Assembly Floor.
AB 652 (Mitchell) – Support
As Amended on May 10, 2011
AB 652, by Assembly Member Holly Mitchell, would ensure that
health plans cover the initial health assessments and forensic
medical evaluations for children in out-of-home
placements.
Assembly Bill 652 specifically would require commercial health
plans, the Healthy Families Program, and the Medi-Cal program to
reimburse providers for the cost of the initial health assessment
and forensic medical evaluations for children in foster care.
State regulations require an initial medical examination for all
children newly placed in out-of-home care. The Lance Helms Child
Safety Act of 1998 authorizes counties or local law enforcement
agencies to refer a child who has been removed from his or her
home due to suspected physical or sexual abuse, or neglect for a
forensic medical examination.
Los Angeles County is sponsoring this measure because the county
is only reimbursed for these services if the child is enrolled in
fee-for-service Medi-Cal. Most children who are removed from the
home by the local child welfare agency and placed in out-of-home
care are automatically eligible for fee-for-service Medi-Cal;
however, the child must be disenrolled from prior coverage, if
applicable. Counties cannot always obtain reimbursement from
Medi-Cal managed or another health plan. The forensic medical
evaluations may be deemed out-of-network without prior
authorization. Please note that these exams must be conducted
within 72 hours for high risk children and those ages zero to
three. For all other children the exams must be conducted within
30 days.
CSAC is supportive of the goal of the bill to ensure that health
plans are covering these medical examinations. It is for this
reason that CSAC, along with the County Welfare Directors
Association, have taken a support in concept position on AB
652.
The Assembly Appropriations Committee placed AB 652 on the
Suspense File on May 18.
AB 846 (Bonilla) – Support
As Amended on March 31, 2011
AB 846, by Assembly Member Susan Bonilla, would provide
assistance to foster youth who may have been victims of identity
theft.
AB 846 is clean up to AB 2985 by Assembly Member Bill Maze
(Statutes of 2006), which required county child welfare and
probation agencies to request consumer credit disclosures on all
foster youth turning 16 and to refer a foster youth to a credit
counseling organization upon any indication of negative credit or
evidence of identity theft. Specifically, AB 846 clarified that
the request may be made by the state or a county and authorizes
the requesting entity to refer the youth directly to a
governmental or nonprofit organization that provides information
and assistance with identify theft and other credit problems.
The Assembly Appropriations Committee passed SB 846 on May 11.
CSAC supports the bill.
Was on the Assembly third reading file. The Assembly passed AB
846 on May 19, and it now goes to the Senate.
AB 709 (Brownley) – Support
As Amended on April 6, 2011
AB 709, by Assembly Member Julia Brownley, would ensure the
timely enrollment of foster youth who must transfer to a new
school.
Existing law requires a school to immediately enroll a foster
child, even if the child is unable to produce the records
normally required for enrollment. This includes previous academic
records, proof of residency, and medical records. However,
existing law does not address the requirement to produce proof of
immunization or a vaccination history prior to enrollment. AB 709
addresses this discrepancy by allowing schools to waive the
vaccination record requirement for foster youth.
CSAC supports the bill, which was on the Assembly’s consent
calendar. The Assembly passed AB 709 on May 19, and it now goes
to the Senate.
Adult Protective Services
SB 718 (Vargas) – Support
As Amended on May 2, 2011
SB 718, by Senator Juan Vargas, would make it easier to report
suspected elder abuse.
Senate Bill 718 would allow a county or long-term care ombudsman
program to implement a confidential Internet reporting tool that
mandated reporters may use to report suspected elder abuse.
Senate Bill 718 also would allow the state, in conjunction with
counties and other stakeholders, to develop a form for written
reports, as well. The bill also specifies the information to be
gathered by both methods, which will speed efficiency in both
making and processing reports of suspected elder abuse. Recent
amendments also compel any county that chooses to use this method
to issue reports on the system to the Legislature, which is a
common state oversight tool.
Counties are responsible for investigating reports of suspected
elder abuse, and have a vested interest in ensuring the safety
and financial security of elder Californians living in our
communities. Senate Bill 718 would serve this interest by giving
counties the option to implement a new Internet-based system with
the goal of increasing the ease by which a mandated reporter may
submit a report of suspected elder abuse.
The Senate Appropriations Committee will hear SB 718 on May
23.
AB 1288 (Gordon) – Support
As Amended on May 16, 2011
AB 1288, by Assembly Member Rich Gordon, would protect the assets
of vulnerable seniors or dependent adults from misuse and fraud
while a conservatorship petition is pending in court.
Assembly Bill 1288 specifically would extend the period of time
in which a public guardian or conservator may petition to protect
the assets of seniors and dependent adults from 15 to 30 days.
The bill also would expand the scope of the possession or control
of property by the guardian to include assets held in the name of
a proposed conservatee’s trust.
Counties often encounter these issues during Adult Protective
Services investigations, and it is challenging to complete a
petition for conservatorship within 15 days. AB 1288 is a common
sense, simple measure to provide appointed guardians a suitable
amount of time and authority to protect the assets of vulnerable
seniors and dependent adults. It is for these reasons that CSAC
supports the bill.
The Assembly passed AB 1288 on May 19. It now goes to the Senate.
In-Home Supportive Services
SB 930 (Evans) – Support
As introduced on February 18, 2011
SB 930, by Senator Noreen Evans, would eliminate the requirements
for counties to collect the fingerprints of each IHSS consumer
and have both providers and consumers to submit fingerprints on
each IHSS timesheet (a provision of current law that is scheduled
to go into effect on July 1 of this year). The bill would also
repeal statute that prohibits providers from using a Post Office
Box (P.O. Box) for IHSS forms, including for paychecks.
For these reasons, CSAC supports SB 930. The Senate passed SB 930
on May 19, and it now goes to the Assembly.
Medi-Cal
AB 396 (Mitchell) – Support
As Amended on May 12, 2011
AB 396, by Assembly Member Holly Mitchell, would provide the
opportunity for counties to receive federal funding for the
inpatient medical costs of juvenile detainees.
Specifically, AB 396 would allow counties to draw down federal
matching funds for the inpatient medical treatment provided to
minors who are outside of a county detention facility for more
than 24 hours. The bill specifies that participating minors must
be eligible for Medi-Cal and detained in either a juvenile
detention facility or probation camp. While the measure would
require the Department of Health Care Services to develop a
process to allow counties to collect federal reimbursement for
outpatient medical care, the author points out that current law
already authorizes DHCS to implement a similar reimbursement
system for adult detainees.
SB 695 would allow counties to use the local funds that we are
already expending for juvenile medical care to pull down federal
Medicaid matching funds for those youths who are Medi-Cal
eligible. It is for these reasons that CSAC supports the
bill.
The Assembly Appropriations Committee passed AB 396 on May 18. It
now goes to the Assembly Floor.
Public Health
AB 581 (Pérez) – Support
As Introduced on February 16, 2011
AB 581, by Assembly Speaker John Pérez, would promote access to
healthy food in communities throughout California.
Assembly Bill 581 would require the state to seek federal Healthy
Food Financing Initiative funds included in President Obama’s
proposed fiscal year 2011 budget. The federal funding is intended
to combat the prevalence of “food deserts” within communities –
areas with little to no access to quality foods that are both
healthy and affordable.
The federal Healthy Food Financing Initiative is designed to
eliminate “food deserts” within seven years through innovative
financing, grants, and private sector partnerships. Assembly Bill
581 specifically establishes the California Healthy Food
Financing Initiative Fund at the State Treasury and positions the
state to access these federal funds. The bill also requires a
stakeholder process to develop recommendations on promoting
healthy food and accessing federal funding that will be presented
to the Legislature.
Assembly Bill 581 is modeled on successful Healthy Food Financing
Programs in New York and Pennsylvania, and counties believe that
the great agricultural state of California can take these efforts
to a new level that benefits the health of our
communities.
Counties support efforts to increase the number of fresh grocery
stores, urban and rural farm stands, farmers’ markets, and
community gardens in underserved communities. It is for these
reasons that CSAC supports AB 581.
The Assembly Appropriations Committee placed AB 581 on the
Suspense File on May 18.
SB 594 (Wolk) – Oppose Unless Amended
As Amended on May 11, 2011
SB 594, as amended by Senator Lois Wolk, would still limit a
county’s flexibility to organize and deliver public health
laboratory services. Senator Wolk has worked with counties to
hear our concerns about this bill, but recent amendments fail to
address all of the issues that we, other county affiliates, and
counties have raised.
Recent amendments taken in Senate Health Committee did remove
certain provisions in the bill, but, unfortunately, the
amendments also created a new set of concerns for counties. They
include:
- The codification of more than 30-year-old regulations is inappropriate and overly restrictive. We strongly urge the Department of Public Health to review and update regulations pertaining to the operation of public health laboratories to reflect rapidly changing laboratory technology that provides opportunities to develop new, more cost effective, and highly reliable models for securing public health lab testing.
- We object to the removal of language which would have prevented the Department from passing on the costs of creating and maintaining a new continuing education program for public health microbiologists to local health departments.
Finally, counties remain concerned about the provisions of the
bill which restrict how counties organize public health
departments by requiring that the public health laboratory
director report to the local health officer.
Counties believe that in this economic climate, we must retain
the flexibility to provide critical public services in the most
cost-effective, appropriate and reasonable manner. It is for
these reasons that CSAC opposes SB 594 unless it is
amended.
The Senate Appropriations will hear the bill on Monday, May 23.