§ 17001.9. — 17001.9. (Amended by Stats. 2021, Ch. 296, Sec. 82.)

California § 17001.9.

• Jurisdiction: California
• Code WIC: Welfare and Institutions Code - WIC
• Div. 9.: DIVISION 9. PUBLIC SOCIAL SERVICES
• Part 5.: PART 5. COUNTY AID AND RELIEF TO INDIGENTS
• Ch. 1.: CHAPTER 1. General Provisions

Text

(a)
Notwithstanding any other provision of this part:
(1)
As a condition of providing nonemergency medical care to an indigent and dependent adult resident of the county, other than an involuntary detainee or prisoner, who is a sponsored person who is not a citizen or national of the United States, a county may require that the legal sponsor of the person sign a written agreement to repay any aid provided to the person during the period of time during which the sponsor has agreed, in writing, to provide for the person who is not a citizen or national of the United States.
(2)
To the
extent not inconsistent with federal law, if a county has provided emergency medical care to an indigent and dependent adult resident of the county, other than an involuntary detainee or prisoner, who is a sponsored person who is not a citizen or national of the United States and that care was provided during the period during which the sponsor has agreed, in writing, to provide for the person, the county may recover the reasonable cost of that care from the sponsor of that person. If the county is required to take legal action to enforce this right to recovery, the written promise to provide for the person shall be considered, under state law, to be the equivalent of a written contract to pay for that medical care.
(3)
No county shall be required to provide medical care to any sponsored person who is eligible, with or without a share of cost,
for participation in the California Medical Assistance (Medi-Cal) program.
(b)
This section shall not apply if the sponsoring person dies or the sponsoring organization ceases to exist.
(c)
This section shall not apply with respect to any person who is not a citizen or national of the United States who is:
(1)
Admitted to the United States as a result of the application, prior to April 1, 1980, of the provisions of Section 1153 (c) of Title 8 of the United States Code.
(2)
Admitted to the United States as a result of the application, after March 31, 1980, of Section 1157(c) of Title 8 of the United States Code.
(3)
Paroled into the United States under Section 1182(d)(5) of Title 8 of the United States Code.
(4)
Granted political asylum by the United States Attorney General under Section 1158 of Title 8 of the United States Code.
(5)
A Cuban or Haitian entrant, as defined in Section 501(e) of the Refugee Education Assistance Act of 1980 (Public Law 96-422).
(6)
A minor and the sponsor or the sponsor’s spouse is the parent of the child.
(d)
This section shall become operative on the effective date of federal law that prohibits providing Medi-Cal assistance to sponsored persons who are not citizens or
nationals of the United States, and shall remain operative only as long as federal law remains in effect. The Director of Health Services shall determine the operative dates of this section pursuant to this subdivision and shall execute a declaration, that shall be retained by the director, that sets forth the operative date or termination date.

Legislative History

Amended by Stats. 2021, Ch. 296, Sec. 82. (AB 1096) Effective January 1, 2022. Section operative on date prescribed by its own provisions. Conditionally inoperative as provided in subd. (d).