BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1269
                                                                  Page  1

          Date of Hearing:   May 6, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                  AB 1269 (Brownley) - As Amended:  April 14, 2009 

          Policy Committee:                              Health Vote:13-6

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              Yes

           SUMMARY  

          This makes several eligibility changes to the California 250%  
          Working Disabled Program (CWD) to improve continuity of  
          coverage. Specifically, this bill: 

          1)Exempts consideration of Social Security income from  
            eligibility calculations while on CWD. Allows accumulated  
            savings to be exempted from future eligibility determinations  
            in other Medi-Cal programs. Exempts Social Security income  
            received by disabled individuals 65 years or older from  
            Medi-Cal eligibility determinations. 

          2)Authorizes temporarily unemployed beneficiaries up to 26 weeks  
            of continuation coverage like many employer-based health  
            policies offer under the Consolidated Omnibus Budget  
            Reconciliation Act (COBRA) or Cal-COBRA. 

           FISCAL EFFECT  

          1)Annual increased costs of $300,000 (50% GF) to $500,000 (50%  
            GF) to the extent the eligibility changes regarding income and  
            asset disregards increase CWD enrollment. Costs associated  
            with prior versions of this bill do not apply, as the CWD  
            program was made permanent in the budget act last year and  
            those provisions are no longer contained in this legislation. 

          2)The actual fiscal impact of this bill may be less, depending  
            how many enrollees transfer from other Medi-Cal programs  
            versus new enrollees who have either been uninsured or covered  
            by private insurance. Due to the low annual income ($27,000 in  
            2009) and assets required for eligibility, as well as the  
            significant disabilities of individuals in this program, most  








                                                                  AB 1269
                                                                  Page  2

            of the CWD beneficiaries will remain eligible for other  
            Medi-Cal programs, regardless of employment status. Several  
            provisions of this bill should reduce churning, the cycling on  
            and off of coverage or between coverage programs.   

          3)Caseload estimates over the past 10 years for this very small  
            Medi-Cal program have been continually overestimated as can  
            happen with small programs with specific and complex  
            eligibility criteria. In addition, small programs like CWD  
            often grow slowly. Initial estimates for this program in 1999  
            were 7,000 to 14,000 individuals enrolled annually. However,  
            five years after the creation of the program, only about 1,500  
            were enrolled. Now 10 years later, only 3,700 are enrolled.  
            This bill reduces enrollment barriers and should increase  
            caseloads, but not significantly. 

           COMMENTS  

           1)Rationale  .  This bill, sponsored by the World Institute on  
            Disability (WID), makes eligibility changes to allow  
            individuals to increase earnings and advance toward  
            self-sufficiency while maintaining access to Medi-Cal  
            services. WID, founded 25 years ago, provides programs to  
            address issues of concern to people with disabilities. For  
            people with disabilities, fear of losing health coverage if  
            they work often prevents them from entering the job market.  
            CWD reduces this fear by allowing working disabled individuals  
            to buy Medi-Cal coverage on a sliding scale premium basis.  
            This bill increases continuity of coverage by allowing  
            beneficiaries who become unemployed to continue coverage for a  
            period of time and allows beneficiaries receiving specified  
            Social Security benefits to continue working without losing  
            health eligibility.  

          2)Background  . The CWD, created in 1999, allows working disabled  
            individuals under 250% of the federal poverty level (FPL) and  
            generally eligible for the Supplemental Security Income/State  
            Supplemental Program (SSI/SSP) to buy into the Medi-Cal  
            program.The current program is unique among Medi-Cal programs  
            in exempting Individual Retirement Accounts (IRAs) and 401K  
            accounts from property limits. Based on countable income,  
            individuals pay monthly premiums on a sliding scale from $20  
            to $250. This bill increases the earning and savings potential  
            of current CWD enrollees as well as reducing barriers to  
            participation. Survey results regarding such barriers indicate  








                                                                  AB 1269
                                                                  Page  3

            42% of potentially eligible individuals do not understand  
            eligibility, 22% are concerned about asset tests, and 57%  
            would be helped by reducing fears about losing Medi-Cal  
            coverage.  
           
           3)Related Legislation  . AB 155 (Migden), Chapter 1088, Statutes  
            of 1999, established CWD. AB 1183 (Committee on Budget),  
            Chapter 758, Statutes of 2008 made the CWD Program permanent  
            by deleting the September 1, 2008 sunset date.

          AB 1269 is similar to AB 851 (Brownley) in 2008 and AB 1113  
            (Brownley) of 2007. AB 851 was held on the Suspense File of  
            the Senate Appropriations Committee and AB 1113 was vetoed due  
            to a drafting error. The error is not contained in AB 1269. 

          AB 2679 (Wolk) in 2004 extended the sunset of CWD. This bill was  
            held on the Suspense File of the Senate Appropriations  
            Committee. 

           


           Analysis Prepared by  :    Mary Ader / APPR. / (916) 319-2081