§ 14124.15. — 14124.15. (Added by Stats. 2021, Ch. 476, Sec. 3.)

(a)
Effective January 1, 2023, subject to appropriation by the Legislature, the department shall design and implement a supplemental payment program for emergency medical air transportation services to increase the Medi-Cal reimbursement in an amount not to exceed normal and customary charges charged by qualified emergency medical air transportation providers.
(b)
Notwithstanding the rulemaking provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section, in whole or in part, and any applicable federal waivers and state plan amendments by means of plan letters, plan or provider bulletins, or similar instructions
without taking any further regulatory action.
(c)
In implementing this section, the department shall seek any federal approvals it deems necessary. This section shall be implemented only to the extent that any necessary federal approvals are obtained and federal financial participation is available and is not otherwise jeopardized.
(d)
This section shall become inoperative if any of the following occurs:
(1)
The federal Centers for Medicare and Medicaid Services denies approval for the implementation of this section.
(2)
The Legislature fails to appropriate moneys for the program in the annual Budget Act, or fails to appropriate such moneys in a separate bill enacted within 30 days following enactment of the annual Budget Act.
(3)
A lawsuit related to this section is filed against the state and a preliminary injunction or other order has been issued that results in a financial disadvantage to the state, including, but not limited to, a loss of federal financial participation.

Legislative History

Added by Stats. 2021, Ch. 476, Sec. 3. (AB 1104) Effective October 4, 2021. Conditionally inoperative as prescribed by its own provisions.