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Friday, May 2, 2014

MEDI-CAL LEGISLATION UPDATE





2016 UPDATE: NEW SIMILAR LEGISLATION WAS SIGNED BY GOV. BROWN AND WILL GO INTO EFFECT 1/1/2017! SEE HERE FOR MORE INFORMATION. 

2014 UPDATE:  THIS LEGISLATION WAS VETOED BY GOVERNOR BROWN.


This post is a continuation of my Medi-Cal Alert series which includes the previous posts:



ALERT! GO ON MEDI-CAL AND LOSE YOUR FAMILY HOME! (12/10/13)


and

NEW MEDI-CAL LEGISLATION! SPREAD THE WORD. (3/28/14)





The good news is that SB 1124 (Hernandez) has now passed the Senate Health Committee and is moving on to the Senate Appropriations Committee. SB 1124, which is co-sponsored by California Advocates for Nursing Home Reform* and Western Center on Law and Poverty, includes important Medi-Cal Recovery changes (and will significantly change the current law, which was passed via Governor Wilson’s 1993 budget proposal).


Here is a review of what SB 1124 does:


• Limits recovery for those 55+ to what is required by federal law – e.g. nursing facility, home and community based services and related hospital and prescription drug services – eliminates optional recovery;


• Eliminates recovery from the estate of a surviving spouse of a deceased Medi-Cal beneficiary;


• Restricts recovery amount to benefits paid for services actually received or capitated monthly rate, whichever is less;


• Requires DHCS to provide claims detail information free of charge to Medi-Cal beneficiaries or their representatives via phone, internet, mail, in person or other means and to post information on their web site as to how a consumer or his/her representative can request claims detail information.


Next Hearing:


SB 1124 will likely be heard in the Senate Appropriations Committee on May 22.

You can send letters of support to the following:

Senator Kevin de Leon, Chair, Senate Appropriations Committee, FAX: (916) 651-4922
Senator Darrell Steinberg, Senate Pro Tem, FAX: (916) 651-4906


Go to www.leginfo.ca.gov to follow the status of this important bill.



* Full disclosure: I am a subscriber to CANHR’s Legal Information Network (which basically means that I donate money in exchange for the latest legal information in this area)— CANHR is a fabulous organization that is dedicated to the rights of nursing home residents all over California. Check them out if someone you love is considering entering a nursing home.

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