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--- STAFF ANALYSIS OF ASSEMBLY BILL 1269 (Brownley) Page 2 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 STAFF ANALYSIS OF ASSEMBLY BILL 1269 (Brownley) Page 3 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. STAFF ANALYSIS OF ASSEMBLY BILL 1269 (Brownley) Page 4 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 STAFF ANALYSIS OF ASSEMBLY BILL 1269 (Brownley) Page 5 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, STAFF ANALYSIS OF ASSEMBLY BILL 1269 (Brownley) Page 6 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. STAFF ANALYSIS OF ASSEMBLY BILL 1269 (Brownley) Page 7 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) STAFF ANALYSIS OF ASSEMBLY BILL 1269 (Brownley) Page 8 World Institute on Disability Several Individuals Oppose: None received -- END --