Section 15826 - Powers of department in administering program(a) The department shall administer the program and may do all of the following: (1) Determine eligibility criteria for the program. These criteria shall include the requirements set forth in Section 15832.(2) Determine the eligibility of applicants.(3) Determine when subscribers are covered and the extent and scope of coverage.(4) Determine subscriber contribution amounts schedules, subject to the following:(A) Subscriber contributions for Access-linked infants shall not be greater than those applicable on March 23, 2010, for infants enrolled pursuant to clause (ii) of subparagraph (A) of paragraph (6) of subdivision (a) of Section 12693.70 of the Insurance Code.(B) Subscriber contributions for mothers shall conform with the maintenance of effort requirements under the federal Patient Protection and Affordable Care Act (Public Law 111-148), or any amendment or extension of that act.(C)(i) Effective July 1, 2022, to the extent allowable under federal law, and notwithstanding the provisions of this chapter to the contrary, the department may elect not to impose subscriber contributions for purposes of this program as described in Section 15849 for an applicable coverage period,(ii) If the department elects to not impose subscriber contributions for an applicable coverage period pursuant to clause (i) or elects to reinstate such subscriber contributions for a subsequent coverage period, the department shall specify that election in the published Medi-Cal Local Assistance Estimate for the impacted state fiscal year or years, subject to appropriation by the annual Budget Act.(5) Provide coverage through Medi-Cal delivery systems and contract for the administration of the program and the enrollment of subscribers. Any contract entered into pursuant to this chapter shall be exempt from any provision of law relating to competitive bidding, and shall be exempt from the review or approval of any division of the Department of General Services. The department shall not be required to specify the amounts encumbered for each contract, but may allocate funds to each contract based on projected and actual subscriber enrollments in a total amount not to exceed the amount appropriated for the program.(6) Authorize expenditures to pay program expenses that exceed subscriber contributions, and to administer the program as necessary.(7) Develop a promotional component of the program to make Californians aware of the program and the opportunity that it presents.(8)(A) Issue rules and regulations as necessary to administer the program.(B) During the 2011-12 to 2014-15 fiscal years, inclusive, the adoption and readoption of regulations pursuant to this chapter shall be deemed to be an emergency that calls for immediate action to avoid serious harm to the public peace, health, safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement that the department describe facts showing the need for immediate action and from review by the Office of Administrative Law.(9) Exercise all powers reasonably necessary to carry out the powers and responsibilities expressly granted or imposed by this chapter.(b) This section shall become operative on July 1, 2014.Ca. Welf. and Inst. Code § 15826
Amended by Stats 2022 ch 47 (SB 184),s 135, eff. 6/30/2022.Added by Stats 2014 ch 31 (SB 857),s 73, eff. 6/20/2014.