SENIOR ASSEMBLY PROPOSAL NO. 3
INTRODUCED BY ASSEMBLY MEMBER PERSON
LEGISLATIVE COUNSEL'S DIGEST
AP 3:
MEDI-CAL SHARE OF COST.
UNDER EXISTING LAW, THE STATE DEPARTMENT OF HEALTH
SERVICES IS REQUIRED TO IMPLEMENT A FEDERAL OPTION TO PROVIDE BENEFITS TO AGED
AND DISABLED PERSONS WHO MEET CERTAIN INCOME AND RESOURCE ELIGIBILITY
REQUIREMENTS. AMONG THESE
REQUIREMENTS IS THAT COUNTABLE INCOME MAY NOT EXCEED AN INCOME STANDARD EQUAL TO
100 PERCENT OF THE APPLICABLE FEDERAL POVERTY LEVEL, PLUS $230 FOR AN INDIVIDUAL
OR, IN THE CASE OF A COUPLE, $310, PROVIDED CERTAIN CONDITIONS ARE MET.
UNDER EXISTING LAW, MEDICAL BENEFITS ARE PROVIDED TO
PUBLIC ASSISTANCE RECIPIENTS AND CERTAIN OTHER LOW-INCOME PERSONS PURSUANT TO
THE MEDI-CAL PROGRAM, WHICH IS ADMINISTERED BY THE DEPARTMENT.
EXISTING LAW ESTABLISHES FORMULAS FOR DETERMINING THE AMOUNT OF BENEFITS
CERTAIN CATEGORIES OF ELIGIBLE PERSONS MAY RECEIVE BASED ON THE PERSON'S
ALLOWABLE INCOME AMOUNTS. PERSONS IN
THE CATEGORY OF MEDICALLY NEEDY AGED, BLIND, AND DISABLED, ARE SUBJECT TO
SHARE-OF-COST REQUIREMENTS IN ORDER TO RECEIVE THESE MEDI-CAL BENEFITS AND THE
AMOUNT OF BENEFITS IS DETERMINED, IN PART, BASED UPON THE MONTHLY MAINTENANCE
NEED LEVEL APPLICABLE TO THE PERSON.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE
GOVERNOR TO ENACT LEGISLATION THAT WOULD, SUBJECT TO THE RECEIPT OF FEDERAL
FINANCIAL PARTICIPATION, REDUCE THE SHARE-OF-COST REQUIREMENTS FOR ELIGIBILITY
FOR MEDI-CAL BENEFITS FOR AGED, BLIND, AND DISABLED PERSONS WHO ARE INELIGIBLE
FOR BENEFITS UNDER THE FEDERAL OPTION BECAUSE THEIR COUNTABLE INCOME EXCEEDS
MAXIMUM INCOME LEVEL REQUIREMENTS.
VOTE: MAJORITY.
AP 3:
RELATING TO MEDI-CAL SHARE OF COST
WHEREAS, MANY CALIFORNIANS ARE LIVING ON FIXED INCOMES,
PARTICULARLY SOCIAL SECURITY BENEFITS; AND
WHEREAS,
MANY CALIFORNIANS ARE SENIORS OVER 65 YEARS OF AGE OR ARE TOTALLY DISABLED AND
ARE FACING UNUSUAL HARDSHIPS IN OBTAINING HEALTH CARE; AND
WHEREAS, BECAUSE COST OF LIVING INCREASES IN HOUSING,
UTILITIES, TRANSPORTATION, FOOD, HEALTH INSURANCE, AND PRESCRIPTION COSTS ARE
INCREASING BEYOND THEIR RESOURCES, MANY ELDERLY AND DISABLED PEOPLE ARE HAVING
TO CHOOSE BETWEEN PURCHASING A NECESSARY MEDICAL TREATMENT OR PAYING A UTILITY
BILL; AND
WHEREAS, UNDER A BENEFITS PROGRAM PURSUANT TO SECTION
14005.40 OF THE WELFARE AND INSTITUTIONS CODE THAT APPLIES TO QUALIFIED AGED AND
DISABLED PERSONS, THE COUNTABLE INCOME OF AN INDIVIDUAL MAY NOT EXCEED $989
(EQUAL TO 100 PERCENT OF THE APPLICABLE FEDERAL POVERTY LEVEL, PLUS $230); OR,
IN THE CASE OF A COUPLE, MAY NOT EXCEED $1,352 (EQUAL TO 100 PERCENT OF THE
APPLICABLE FEDERAL POVERTY LEVEL, PLUS $310); AND
WHEREAS, AGED AND DISABLED PERSONS WHO DO NOT QUALIFY FOR
THIS PROGRAM ARE SUBJECT TO SHARE-OF-COST REQUIREMENTS IN ORDER TO RECEIVE MEDI-CAL
BENEFITS, THE AMOUNT OF WHICH IS BASED, IN PART, UPON A PERSON'S EARNED INCOME
IN EXCESS OF THE MONTHLY MAINTENANCE NEED LEVEL OF $600, OR FOR A COUPLE, IN
EXCESS OF $934; AND
WHEREAS, CURRENT LAW DOES NOT DISTINGUISH BETWEEN A
PERSON WHOSE COUNTABLE INCOME EXCEEDS THE AGED AND DISABLED LIMIT BY $1 OR $300,
BUT ASSESSES THE SAME SHARE-OF-COST AMOUNTS ON EVERY PERSON, DESPITE SUBSTANTIAL
DIFFERENCES IN INCOME LEVELS; AND
WHEREAS, THIS PROPOSAL WOULD TAKE THESE DIFFERENCES IN
INCOME LEVELS INTO CONSIDERATION, AND ALLOW A PERSON WHOSE COUNTABLE INCOME
EXCEEDS THE AGED AND DISABLED LIMITS A DOLLAR-FOR-DOLLAR SHARE-OF-COST FOR EVERY
DOLLAR EARNED OVER THE LIMIT, RATHER THAN ASSESSING ONE SUM ON PEOPLE WITH
DIFFERENT NEEDS; AND
WHEREAS, THIS PROPOSAL WOULD RELIEVE MUCH OF THE PAIN AND
HARDSHIP MANY OF
RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE,
JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2002
REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT
THE CALIFORNIA LEGISLATURE REVISE THE FORMULA USED TO DETERMINE THE
SHARE-OF-COST REQUIREMENTS UNDER THE MEDI-CAL PROGRAM SO THAT A PERSON'S
SHARE-OF-COST WILL BE PROPORTIONAL, DOLLAR-FOR-DOLLAR, TO THE AMOUNT BY WHICH A
PERSON'S INCOME EXCEEDS THAT REQUIRED FOR ELIGIBILITY UNDER THE FEDERAL OPTION
IMPLEMENTED PURSUANT TO SECTION 14005.40 OF THE WELFARE AND INSTITUTIONS CODE;
AND BE IT FURTHER
RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF
RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO
THE PRESIDENT PRO TEMPORE OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE
GOVERNOR OF THE STATE OF CALIFORNIA.
PU
RN0214639
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