CA Welf & Inst Code § 14184.206 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 3 - AID AND MEDICAL ASSISTANCE|CHAPTER 7 - Basic Health Care|ARTICLE 5.51 - California Advancing and Innovating Medi-Cal Act|Section 14184.206.

14184.206.  (a) Commencing January 1, 2022, and subject to subdivision (f) of Section 14184.102, a Medi-Cal managed care plan may elect to cover those services or settings approved by the department as cost effective and medically appropriate in the comprehensive risk contract that are in lieu of applicable Medi-Cal state plan services, in accordance with the CalAIM Terms and Conditions.(b) (1) Approved in lieu of services or settings pursuant to this section shall be available only to beneficiaries enrolled in a Medi-Cal managed care plan under a comprehensive risk contract, subject to paragraph (2).(2) Approved in lieu of services or settings shall not supplant other covered Medi-Cal benefits that are not the responsibility of the Medi-Cal managed care plan under the comprehensive risk contract, including, but not limited to, in-home supportive services provided pursuant to Article 7 (commencing with Section 12300) of Chapter 3, and Sections 14132.95, 14132.952, and 14132.956.(3) An enrolled Medi-Cal beneficiary shall not be required by their Medi-Cal managed care plan to use the in lieu of service or setting.(c) Subject to subdivision (f) of Section 14184.102, in lieu of services or settings the department may approve include, but need not be limited to, all of the following when authorized by the department in the comprehensive risk contract with each Medi-Cal managed care plan and to the extent the department determines that the in lieu of service or setting is a cost-effective and medically appropriate substitute for the applicable covered Medi-Cal benefit under the comprehensive risk contract:(1) Housing transition navigation services.(2) Housing deposits.(3) Housing tenancy and sustaining services.(4) Short-term post-hospitalization housing.(5) Recuperative care or medical respite.(6) Respite.(7) Day habilitation programs.(8) Nursing facility transition or diversion to assisted living facilities, including, but not limited to, residential care facilities for the elderly or adult residential facilities.(9) Nursing facility transition to a home.(10) Personal care and homemaker services.(11) Environmental accessibility adaptations or home modifications.(12) Medically supportive food and nutrition services, including medically tailored meals.(13) Sobering centers.(14) Asthma remediation.(d) The department shall publically post on its internet website a list of which in lieu of services are offered to enrollees by each Medi-Cal managed care plan.(e) A Medi-Cal managed care plan shall provide information on the available in lieu of services in its member handbook and plan website, including any limitations on in lieu of services on the plan website.(f) The department shall develop, in consultation with Medi-Cal managed care plans and other appropriate stakeholders, a monitoring plan and reporting template for the implementation of in lieu of services pursuant to this section. The department shall annually publish a public report on reported in lieu of services utilization data, populations served, and demographic data, stratified by age, sex, race, ethnicity, and languages spoken, to the extent statistically reliant data is available.(g) Beginning no later than January 1, 2024, the department shall conduct an independent evaluation of the effectiveness of in lieu of services.(h) The department shall take into account the utilization and actual cost of in lieu of services in developing capitation rates.(i) For purposes of this section, the following definitions apply:(1) “Comprehensive risk contract” has the same meaning as set forth in Section 438.2 of Title 42 of the Code of Federal Regulations.(2) “In lieu of services” has the same meaning as set forth in paragraph (2) of subsection (e) of Section 438.3 of Title 42 of the Code of Federal Regulations.(Added by Stats. 2021, Ch. 143, Sec. 402. (AB 133) Effective July 27, 2021.)