2009 California Welfare and Institutions Code - Section 16991 :: Article 8. Newly Legalized Person Health Services Appropriation And Funding Guarantee

16991.  (a) The sum of twenty-six million five hundred ninety-seven
thousand dollars ($26,597,000) is appropriated from the General Fund
to the department, for the 1989-90 fiscal year, to be allocated to
each county receiving funds pursuant to subdivision (d) of Section
16703. Each county's maximum allocation under this section shall be
determined as follows:
   (1) The sum of one hundred twenty-six million five hundred
ninety-seven thousand dollars ($126,597,000) shall be multiplied by
each county's percentage determined by subdivision (d) of Section
16703.
   (2) For each county, the percentage of persons newly legalized
under the Immigration Reform and Control Act of 1986 (IRCA) who are
residents of that county divided by the total of all IRCA newly
legalized persons for all counties eligible to receive funds pursuant
to this section shall be determined. The department shall utilize
the most recent data from the federal Department of Health and Human
Services for this purpose.
   (3) Each county's percentage determined in paragraph (2) shall
then be multiplied by one hundred twenty-six million five hundred
ninety-seven thousand dollars ($126,597,000).
   (4) For each county, the amount determined in paragraph (3) shall
be subtracted from the amount determined in paragraph (1). If the
resulting amount is negative, no funds shall be allocated to that
county. If the resulting amount is positive, that amount shall be the
county's maximum allocation and shall be made available to that
county in the same manner and according to the same procedures and
requirements that govern funds made available pursuant to subdivision
(d) of Section 16703, except that the department shall make the
payment of each county's allocation as determined above in one lump
sum on or before January 1, 1990.
   (5)  For purposes of computing fiscal year 1989-90 reimbursements
under this section, if the sum of funding that a county received from
its allocation pursuant to Section 16703, the amount of
reimbursement it received from federal State Legalization Impact
Assistance Grant funding for indigent care, and its share of funding
provided in this section is less than the amount of funding the
county received pursuant to Section 16703 in fiscal year 1988-89 the
state shall reimburse the county for the amount of the difference.
For purposes of computing reimbursements under this section, if the
sum of funding that a county received from its fiscal year 1990-91
allocation pursuant to Section 16703, and the amount received from
State Legalization Impact Assistance Grant funds, plus the amount of
the reductions made pursuant to subdivision (b) of Section 1 of
Chapter 1323 of the Statutes of 1990 and Chapter 467 of the Statutes
of 1990, is less than the amount of funding a county received
pursuant to Section 16703 in the 1988-89 fiscal year, the state shall
reimburse the difference. If the department determines that the
county has not made reasonable efforts to document and claim federal
SLIAG funding for indigent care, the department shall deny the
reimbursement.
   (6) The calculations specified in paragraph (5) shall be performed
after the end of the fiscal year after all claims from a county for
that fiscal year have been adjudicated. For fiscal year 1989-90,
claims for funding pursuant to this section shall be submitted no
later than April 30, 1992, and, if approved by the department, shall
be reimbursed no later than June 30, 1992. For fiscal year 1990-91,
claims for funding pursuant to this section shall be submitted no
later than April 30, 1993, and, if approved by the department, shall
be reimbursed no later than June 30, 1993.
   (7) If a county submits additional claims for services provided in
a specific year and has received funds under paragraph (5) for that
year, the department shall reimburse the General Fund up to amount
received under paragraph (5) from federal State Legalization Impact
Assistance Grant funds otherwise payable to the county based upon the
additional claims.
   (b) In determining if a county has made reasonable efforts to
document and claim federal State Legalization Impact Assistance Grant
funding, the department may require a county to utilize
statistically valid sampling methods or to utilize the federal Cost
Documentation System for Social Security matching.
   (c) To the extent allowed by federal law, the department shall
make quarterly prospective payments of federal State Legalization
Impact Assistance Grant funds to counties for the 1988-89, 1989-90,
and 1990-91 fiscal years SLIAG claims for indigent health services.
Prospective payments shall not exceed the total amount of a county's
1987-88 fiscal year claim, as adjusted by the department, on an
annualized basis. As a condition of receiving a prospective payment,
the county shall certify that it intends to submit claims exceeding
the amount of the payments. A county shall be liable for any
overpayments or federal sanctions in the event of an excess drawdown
of federal State Legalization Impact Assistance Grant funds.
   (d) A county may apply for, and the Department of Finance may
approve, a state General Fund loan in the 1989-90 fiscal year to meet
anticipated shortfalls in its Medically Indigent Services Program.
In order to receive funds, the county shall demonstrate to the
Department of Finance that the county will not submit 1989-90 fiscal
year claims totaling more than 50 percent of its estimated SLIAG
amount as determined by its percentage of the newly legalized
population multiplied by the amount of total SLIAG funds available.
The county shall also demonstrate that the county has made reasonable
efforts to document and claim federal SLIAG funds as defined in
paragraph (7) of subdivision (a). In no event shall the loan amount
exceed 50 percent of a county's percentage of the newly legalized
population multiplied by the amount of total SLIAG funds available,
or exceed the amount to which the county is entitled pursuant to
paragraph (5) of subdivision (a). The loan shall be issued to the
county, as soon as possible after the enactment of Assembly Bill 1154
of the 1989-90 Regular Session of the Legislature, but no later than
June 30, 1990. The loan balance shall be credited in the amount of
funds provided pursuant to paragraph (5) of subdivision (a) upon
receipt of the funds. Repayment shall include interest calculated at
the rate earned by the Pooled Money Investment Account.