Section 12201.  


Latest version.
  • (a) Every insurer and Medi-Cal managed care plan doing business in this state shall annually pay to the state a tax on the bases, at the rates, and subject to the deductions from the tax hereinafter specified. For purposes of the tax imposed by this chapter, "insurer" shall be deemed to include a home protection company as defined in Section 12740 of the Insurance Code.

    (b) The Children's Health and Human Services Special Fund shall continue to exist in the State Treasury. Notwithstanding Section 13340 of the Government Code, the revenues derived from the imposition of the tax by this chapter on Medi-Cal managed care plans are hereby continuously appropriated as follows:

    (1) A percentage of the revenues that is equal to the difference between 100 percent and the applicable federal medical assistance percentage to the State Department of Health Care Services, for purposes of the Medi-Cal program.

    (2) (A) After deducting the revenues appropriated pursuant to paragraph (1), one hundred twenty-five million dollars ($125,000,000) of the revenues shall be allocated to the Managed Risk Medical Insurance Board for purposes of the Healthy Families Program, including, but not limited to, repaying the loan made under subparagraph (B), and any remaining revenue shall be allocated to the State Department of Health Care Services for purposes of funding managed care rates for health care services for children, seniors, persons with disabilities, and dual eligibles in the Medi-Cal program.

    (B) Notwithstanding Chapter 1 (commencing with Section 18000) of Part 6 of Division 9 of the Welfare and Institutions Code, for the 2012–13 fiscal year, upon approval by the Department of Finance, loans not to exceed one hundred twenty-five million dollars ($125,000,000) in total shall be made available to the Managed Risk Medical Insurance Board from the General Fund from funds not otherwise appropriated to cover the costs of the Healthy Families Program. Any loan amount shall be repaid by June 30, 2014, using the revenues described in subparagraph (A).

    (c) Beginning on the effective date of this act, the Insurance Commissioner shall report the amount of revenue derived from the tax imposed on Medi-Cal managed care plans pursuant to this section to the California Health and Human Services Agency, the Joint Legislative Budget Committee, and the Department of Finance.

    (d) Notwithstanding any other law, the Controller may use the funds in the Children's Health and Human Services Special Fund for cashflow loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code.

    (e) This section shall be operative on July 1, 2012, and become inoperative on July 1, 2013. As of January 1, 2015, this section shall be repealed. A tax imposed by this section shall continue to be due and payable until the tax is paid.

(Repealed and added by Stats. 2013, Ch. 33, Sec. 4. Effective June 27, 2013. Section operative as of July 1, 2012, by its own provisions. Inoperative July 1, 2013. Repealed as of January 1, 2015, by its own provisions. See later operative version added by Ch. 33.)