Section 14011.11.

(a) To the extent that federal financial participation is available, Medi-Cal benefits may be provided to an individual awaiting adjudication in a county juvenile detention facility if both of the following requirements are met:

(1) The individual is eligible to receive Medi-Cal benefits at the time the individual is admitted to the juvenile detention facility or the individual is subsequently determined to be eligible for Medi-Cal benefits.

(2) The county agrees to pay the state's share of Medi-Cal expenditures and the state's administrative costs for benefits and implementation under this section. Counties that elect to participate shall agree to pay the nonfederal share of the department's administrative costs in accordance with this section.

(b) Benefits available pursuant to this section shall continue until the date of the individual's adjudication. After adjudication, if the individual is an inmate of a public institution, benefits shall be suspended as provided in Section 14011.10.

(c) This section shall not be construed to require a county to pay the state's share of Medi-Cal expenditures or the state's administrative costs for Medi-Cal benefits that the state is obligated to provide pursuant to an administrative action or court order that is final and no longer subject to appeal.

(d) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement and administer this section by means of all-county letters or similar instructions without taking regulatory action.

(e) This section shall be implemented only if, and to the extent that, both of the following occur:

(1) The department receives written confirmation from the federal Centers for Medicare and Medicaid Services that federal financial participation is available to implement this section pursuant to Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.).

(2) The director executes a declaration that states that implementation of this section will not jeopardize the state's ability to receive federal financial participation or any increase in federal medical assistance percentage (FMAP) available on or after October 1, 2008, or additional federal funds that the director, in consultation with the Department of Finance, has determined would be advantageous to the state. The director shall retain the original declaration and post the declaration on the department's Internet Web site.

(f) (1) If at any time the director determines that the statement in the declaration executed pursuant to paragraph (2) of subdivision (e) may no longer be accurate, the director shall give notice to the Joint Legislative Budget Committee and to the Department of Finance. Thereafter, if the director determines, in consultation with the Department of Finance, that it is necessary to cease implementation of this section in order to receive federal financial participation or any increase in FMAP available on or after October 1, 2008, or additional federal funds that the director, in consultation with the Department of Finance, has determined would be advantageous to the state, the director shall cease implementation of this section, and shall execute a declaration to that effect. The director shall retain the original declaration and post the declaration on the department's Internet Web site.

(2) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement paragraph (1) by means of all-county letters or similar instructions, without taking regulatory action.

(g) If this section is implemented pursuant to subdivision (e), it shall be implemented commencing on the date that both conditions described in subdivision (e) have been satisfied.

(h) If a federal audit disallowance and interest results from claims made under the process created pursuant to this section, the department shall recoup from the county that received the disallowed funds the amount of the disallowance and any applicable interest.

(i) This section shall remain in effect only until January 1, 2014, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2014, deletes or extends that date.

(Added by Stats. 2011, Ch. 647, Sec. 2. Effective January 1, 2012. Repealed as of January 1, 2014, by its own provisions.)