BILL ANALYSIS                                                                                                                                                                                                    






                                 SENATE HEALTH
                               COMMITTEE ANALYSIS
                        Senator Elaine K. Alquist, Chair


          BILL NO:       AB 1269                                      
          A
          AUTHOR:        Brownley                                     
          B
          AMENDED:       April 14, 2009                              
          HEARING DATE:  July 8, 2009                                 
          1
          CONSULTANT:                                                 
          2
          Dunstan/                                                    
          6
                                                                      
          9

                                        
                                     SUBJECT
                                         
           Medi-Cal eligibility:  California Working Disabled Program

                                     SUMMARY  

          Effective March 1, 2010, extends, and increases eligibility  
          for, the Medi-Cal California Working Disabled Program (CWD  
          program). 

                             CHANGES TO EXISTING LAW  

          Existing law:
          Establishes the Medi-Cal program, administered by the  
          Department of Health Care Services (DHCS), which provides  
          comprehensive health care coverage for low-income  
          individuals and their families; pregnant women; elderly,  
          blind, or disabled persons; nursing home residents; and  
          refugees who meet specified eligibility criteria.   
          Establishes the federal/state Supplemental Security  
          Income/State Supplemental Payment program (SSI/SSP) which  
          provides cash assistance to eligible aged, blind, and  
          disabled individuals and couples.  SSI is a federal program  
          and the state supplements the grants through the SSP  
          program. 

                                                         Continued---



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          Establishes the CWD program within Medi-Cal for working  
          disabled individuals with net countable family income of up  
          to 250 percent of the federal poverty level (FPL).  Exempts  
          from income used to determine eligibility all disability  
          income and specific categories of retirement income.  In  
          addition, eligibility for the program is subject to federal  
          limits on assets, including that the assets and income of a  
          spouse must be considered in determining eligibility.   
          Requires that Medi-Cal benefits offered under the CWD  
          program shall be identical to those received by persons  
          eligible under the Medi-Cal categorically needy eligibility  
          category.

          Requires beneficiaries in the CWD program to pay monthly  
          premiums on a sliding scale that ranges from $20-$250 for  
          individuals and $30-$375 for couples, depending on income.   
          Existing law requires that the spouse's income be  
          considered in determining the premium.  

          This bill:
          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 temporary nonworking  
          period.  Makes this provision subject to federal financial  
          participation (FFP).

          Clarifies that, to the extent that FFP is available, the  
          retained earned income of an eligible individual who is  
          receiving health care benefits under the CWD Program will  
          be considered exempt when held in a separately identifiable  
          account and not commingled with other resources.

          Exempts for purposes of eligibility for CWD, to the extent  
          permitted under federal law, social security disability  
          benefits that convert to social security income upon  
          retirement of an individual.  Requires DHCS to submit a  
          state plan amendment to the federal government and this  
          exemption shall be implemented only if the state plan  
          amendment is approved.

          Requires assets that were exempt under the CWD program to  
          continue to be exempt under any other Medi-Cal program for  
          which the beneficiary becomes available where eligibility  
          is based on age, blindness, or disability.  Requires DHCS  




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          to submit a state plan amendment to the federal government  
          and this exemption shall be implemented only the state plan  
          amendment is approved.

          Requires that after an individual is determined eligible  
          for the CWD program, the countable income shall be used to  
          determine the amount of the required premium payment.   
          States that disability income and retained earned income  
          that is excluded from eligibility determination shall be  
          counted for determining the premium payment.

          Requires individuals determined eligible for the CWD  
          program to pay a monthly premium that is equal to five  
          percent of their individual countable income.  Provides  
          that if a non eligible spouse's income is counted, the  
          premium shall equal five percent of both spouses income.   
          Does not alter the minimum or maximum payment in current  
          law.

          Provides that the provisions of the bill be implemented by  
          March 1, 2010.  Provides for reimbursement of any local  
          costs that constitute a mandate.


                                  FISCAL IMPACT  

          According to the Assembly Appropriations Committee, there  
          will be annual increased costs of $300,000 to $500,000 (50  
          percent General Fund) 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.  The actual fiscal impact of  
          this bill may be less, depending how many on 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 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.  




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          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 3,500  
          are enrolled.  This bill reduces enrollment barriers and  
          should increase caseloads, but not significantly. 


                            BACKGROUND AND DISCUSSION  

          According to the author, this bill, which provides  
          affordable health coverage for working disabled  
          individuals, is intended to reform program eligibility so  
          more disabled individuals can join the workforce and save  
          their earnings without penalties.  The author states that  
          this bill is expected to increase the number of  
          participating disabled individuals by extending Medi-Cal  
          coverage during periods of unemployment and permitting  
          savings from other public sources.  The author notes that  
          the provision in this bill to continue eligibility for the  
          CWD program if an enrollee is unable to work, is similar to  
          the federal Consolidated Omnibus Budget Reconciliation Act  
          of 1986 which allows individuals to keep their job-based  
          insurance for eighteen months after they leave employment  
          if the individual pays the full cost of the coverage. 

          Background
          The federal Balanced Budget Act of 1997 provided states the  
          option to provide services to people with disabilities who  
          are working and in families that would otherwise meet SSI  
          eligibility criteria but for the amount of their earnings.   
          The program also calls for the payment of premiums or other  
          cost-sharing charges set on a sliding scale that the states  
          may determine.  Currently, 250 percent of the FPL is  
          $25,525 per year for an individual.

          The CWD program was implemented in 2000.  The program uses  
          federal Supplemental Security Income rules for income,  
          including earned income disregards (which disregard the  
          first $20 of income regardless of source, the first $65 of  




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          earnings; and, half of the remaining earnings).  For  
          married applicants, a portion of the income of the spouse  
          may be counted as the applicant's income.  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 are required to provide proof of employment.  If  
          they lose employment due to "good cause," they can retain  
          CWD program coverage for two months.  Under the program,  
          good cause includes hospitalization, inability to work as a  
          result of the individual's disability or other reasons  
          beyond the control of the enrollee.  

          When it was enacted, the Department of Health Services  
          projected CWD program enrollment to be between 7,000 and  
          14,000 by June 2002.  However, actual enrollment is  
          approximately 4500 individuals.

          In April 2003, the Lewin Group prepared a report, The  
          California Working Disabled Program: Lessons Learned,  
          Looking Ahead .  The report made a number of findings,  
          including: 
                 The target population includes an estimated 150,000  
               uninsured working disabled adults;
                 potential enrollees lack awareness of the program;
                 eligibility workers lack knowledge, but effective  
               training may be difficult to achieve;
                 There is little coordination with other agencies;
                 some aspects of the program detract from its  
               attractiveness, including difficulty in obtaining  
               information about the CWD program, Medi-Cal program  
               requirements, and the need to change to and find  
               providers enrolled in Medi-Cal; and,
                 expanding eligibility rules alone will yield small  
               gains in enrollment given the current enrollment  
               trends. 

          On January 26, 2006, the Governor's Committee on Employment  
          of People with Disabilities released a report, "California  
          Comprehensive Strategy for the Employment of People with  
          Disabilities."  The recommended committee actions related  
          to the CWD program include increasing participation,  




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          evaluating program effectiveness, and making  
          recommendations for improvement in the CWD program, such as  
          adding a grace period for temporary lapses in employment  
          similar to the provisions of this bill.

          Prior legislation
          AB 1183 (Committee on Budget), Chapter 758, Statutes of  
          2008 made the CWD program permanent by deleting the  
          September 1, 2008 sunset date.

          AB 851 (Brownley) of 2008, which was similar to this bill,  
          was held on the Senate Appropriations suspense file.

          AB 1113 (Brownley) of 2007, which was similar to this bill,  
          was vetoed by Governor Schwarzenegger. In his veto message,  
          the Governor stated:

                 While I strongly support the California 250  
                 Percent Working Disabled Program and  
                 appreciate its role in promoting work among  
                 persons who are aged and disabled, I cannot  
                 support this bill. This bill contains a  
                 drafting error that would result in unequal  
                 treatment of similarly situated aged persons,  
                 in direct conflict with federal Medicaid law.  
                 Given my strong support of services for  
                 persons with disabilities to allow them to  
                 safely remain at home and lead productive and  
                 independent lives, I am directing the DHCS to  
                 pursue legislation to continue and improve  
                 this important program. 


















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          AB 155 (Migden, Chapter 820, Statutes of 1999), established  
          the CWD program. 

          Arguments in support
          Supporters argue that this bill will encourage people to  
          enter the labor force and the CWD program, because if they  
          become unemployed they could continue to receive their  
          coverage.  They argue that many individuals are afraid to  
          enter the labor force for fear of losing their affordable  
          Medi-Cal coverage.  Supporters argue that the other  
          eligibility changes will allow more people with  
          disabilities to become more independent and productive  
          while ensuring that they have access to critical health  
          services.  Supporters note that it makes fiscal sense to  
          encourage disabled people to work and contribute to the  
          cost of health coverage.

                                  PRIOR ACTIONS

           Assembly Floor:     50-29
          Assembly Appropriations:12-5
          Assembly Health:    13-6


                                    POSITIONS  
                                        
          Support:   Abilicorp
                 AIDS Project Los Angeles
                 American Federation of State, County and Municipal  
          Employees 
                 Association of California State Employees with  
          Disabilities
                 California Communities United Institute
                 California Foundation for Independent Living Centers
                 California Medical Association
                 California Primary Care Association
                 Disability Rights California
                 Easter Seals of Southern California
                 Health Access
                 National Multiple Sclerosis Society
                 Pacific Clinics
                 Project Return Peer Support Network
                 Resources for Independent Living
                 San Francisco AIDS Foundation
                 Southern California HIV Advocacy Coalition (SHAC)




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                 World Institute on Disability
                 Several Individuals

          Oppose:   None received






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