BILL ANALYSIS AB 1269 Page 1 ASSEMBLY THIRD READING AB 1269 (Brownley) As Amended April 14, 2009 Majority vote HEALTH 13-6 APPROPRIATIONS 12-5 ------------------------------------------------------------------ |Ayes:|Jones, Ammiano, Block, |Ayes:|De Leon, Ammiano, Charles | | |Carter, | |Calderon, Davis, Fuentes, | | |De La Torre, De Leon, | |Hall, John A. Perez, | | |Hall, Hayashi, Hernandez, | |Price, Skinner, Solorio, | | |Bonnie Lowenthal, Nava, | |Torlakson, Krekorian | | |V. Manuel Perez, Salas | | | | | | | | |-----+--------------------------+-----+---------------------------| |Nays:|Fletcher, Adams, Conway, |Nays:|Nielsen, Duvall, Harkey, | | |Emmerson, Gaines, Audra | |Miller, | | |Strickland | |Audra Strickland | | | | | | ------------------------------------------------------------------ SUMMARY : Extends eligibility for the Medi-Cal California Working Disabled Program (CWD Program) to improve continuity of care. Specifically, this bill : 1)Permits individuals otherwise eligible for the CWD Program, but who are temporarily not working, to remain in the program for up to 26 weeks, provided the individuals continue to pay premiums during the nonworking period. 2)Exempts consideration of Social Security income from eligibility calculations while on the CWD Program. 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. FISCAL EFFECT : According to the Assembly Appropriations Committee: 1)The actual fiscal impact of this bill may be less than current and prior estimates, 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 AB 1269 Page 2 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 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. 2)Annual increased costs of less than $300,000 (50% General Fund) to the extent the eligibility changes regarding income and asset disregards increase CWD enrollment. COMMENTS : According to the author, this bill, which provides affordable health coverage for working disabled individuals, is intended to extend program eligibility so more disabled individuals can join the workforce and keep their health coverage without penalties. The author states this bill is expected to increase the number of participating disabled individuals by extending Medi-Cal coverage during periods of unemployment and by exempting savings and benefits from other public sources when determining eligibility. The author notes that the provision in this bill to continue eligibility when an enrollee is unable to work is similar to the federal Consolidated Omnibus Budget Reconciliation Act of 1986 (Cal-COBRA) which allows individuals to keep job-based insurance for eighteen months after they leave employment if the individual pays the full cost of the coverage. The CWD Program was first implemented in 2000. Working individuals with disabilities and with net countable family incomes below 250% the federal poverty level and assets limited to $2,000 for individuals and $3,000 for couples are eligible to enroll. The CWD Program uses federal Supplemental Security Income rules for income, including earned income disregards. Enrollees pay monthly premiums of $20 to $375 based on income and marital status. All of the applicant's disability related income is exempt from income calculation. Certain retirement accounts and property are also exempt from the asset calculation. Enrollees who lose their employment due to "good cause" can retain CWD Program coverage for two months. Currently 3,700 individuals are enrolled in the CWD Program. According to a 2007 Mathematica Policy Research issue brief prepared for the federal Centers for Medicare and Medicaid Services, as of June 30, 2006, 33 states (including California) AB 1269 Page 3 reported covering 75,443 individuals in similar Medicaid buy-in programs. Health Access California, in support of this bill, argues that easing eligibility in this program is vital to enabling persons with disabilities to keep affordable health coverage while working. The California Medical Association, also in support of the bill, points out that it makes fiscal sense to encourage disabled people to work and contribute to the cost of their own health coverage. Analysis Prepared by : John Miller/ HEALTH / (916) 319-2097 FN: 0001166