BILL ANALYSIS                                                                                                                                                                                                    






                                 SENATE HEALTH
                               COMMITTEE ANALYSIS
                       Senator Elaine K.  Alquist, Chair


          BILL NO:       AB 1568                                      
          A
          AUTHOR:        Committee on Veterans Affairs                
          B
          AMENDED:       April 23, 2009
          HEARING DATE:  July 15, 2009                                
          1
          CONSULTANT:                                                 
          5
          Dunstan/sh                                                  
          6
                                                                       
                                         8
                                        
                                     SUBJECT
                                         
                               Veterans benefits

                                     SUMMARY  

          Requires the Department of Health Care Services (DHCS) to  
          work in conjunction with various state and local agencies,  
          to use the federal public assistance and reporting  
          information system (PARIS) to identify veterans enrolled in  
          the Medi-Cal program, and to assist them in obtaining  
          federal veterans' health care benefits.  Repeals provisions  
          requiring the Department of Health Care Services (DHCS) to  
          select three consenting counties to participate in PARIS.

                             CHANGES TO EXISTING LAW  

          Existing federal law:
          Establishes the Medicaid program to provide comprehensive  
          health benefits to low-income persons through a program  
          that reimburses states for Medicaid programs in the  
          individual states.  Establishes the United States  
          Department of Veterans Affairs (VA) which, among its  
          responsibilities, operates medical centers and outpatient  
          clinics.

          Existing state law:
                                                         Continued---



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          Establishes the Medi-Cal program as California's Medicaid  
          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. 

          Requires DHCS, by July 1, 2009, to establish a two-year  
          pilot program to utilize the federal PARIS to identify  
          veterans and their dependents or survivors who are enrolled  
          in the Medi-Cal program and assist them in obtaining  
          federal veteran health care benefits. 

          Requires DHCS, under the pilot program, to exchange  
          information with PARIS and identify veterans and their  
          dependents or survivors who are receiving Medi-Cal benefits  
          in the pilot program counties.

          Requires DHCS to refer identified Medi-Cal beneficiaries  
          who are receiving high-cost services, including long-term  
          care, to county veteran service officers (CVSOs) to obtain  
          information regarding, and assistance in obtaining, VA  
          benefits.

          Requires DHCS, prior to commencement of the pilot program,  
          to do all of the following:
                 Enter into an agreement with the California  
               Department of Veterans Affairs (CDVA) to perform CVSO  
               outreach services in connection with the pilot  
               program. The CDVA agreement must contain performance  
               standards that would allow DHCS to measure the  
               effectiveness of the pilot program; 
                 Enter into any agreements that are required by the  
               federal government to utilize the PARIS system; and, 
                 Perform any information technology activities that  
               are necessary to utilize the PARIS system. 

          Requires DHCS to monitor the two-year pilot program,  
          evaluate the outcomes and savings, and provide the fiscal  
          committees of the Legislature with a report on the findings  
          and recommendations. 

          Permits DHCS, if it determines that the pilot program is  
          cost effective, to implement PARIS statewide, at any time,  




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          and continue operation of PARIS indefinitely. 
          Permits DHCS to implement, interpret, or make specific the  
          above provisions by means of written directives without  
          having to take further regulatory action.  

          Exempts contracts related to PARIS from the Public Contract  
          Code in order to achieve maximum cost savings through an  
          expedited contract process. 

          Authorizes each county board of supervisors to appoint a  
          county veteran service officer, and permits the county to  
          provide the officer with any assistance and facilities that  
          it determines to be necessary. 
          
          This bill:
          Makes PARIS a permanent program by repealing provisions  
          making PARIS a two-year pilot program under which DHCS  
          selects three counties that have in operation a VA medical  
          center to participate in the pilot.

          Repeals other language relating to the pilot project,  
          including provisions allowing DHCS to expand the PARIS  
          pilot program statewide and allowing DHCS to continue it  
          indefinitely if DHCS determines PARIS is cost effective.   
          Repeals language requiring DHCS to select three consenting  
          counties that have in operation a VA medical center to  
          participate in the pilot.  

          Requires DHCS to implement the program by July 1, 2010.  


                                  FISCAL IMPACT  

          According to the Assembly Appropriations Committee  
          analysis, there would be a one-time cost of $350,000 for  
          the Department of Health Care Services (DHCS) to conduct a  
          feasibility study report on the statewide implementation of  
          PARIS.  The analysis also identified major one-year annual  
          General Fund savings, once implemented, to the extent  
          matches lead to increased benefits for veterans and reduced  
          spending.  If all of the 144,000 veterans currently  
          enrolled in Medi-Cal shifted to VA health care, the  
          Legislative Analyst's Office (LAO) estimates a savings to  
          the Medi-Cal program of about $250 million in General Fund.  
           If 10 percent of veterans switched from Medi-Cal to VA  




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          health care, reflecting a more gradual shift, the estimated  
          savings would be $25 million.  The LAO also identified  
          additional non-veteran related General Fund savings of at  
          least $7 million.  These savings would result from reducing  
          duplicate public program payments to out-of-state residents  
          and others claiming benefits from more than one state. 

                            BACKGROUND AND DISCUSSION  

          According to the author, this bill is necessary to identify  
          veterans enrolled in the Medi-Cal program who are eligible  
          to receive medical benefits through the VA that would  
          either replace or supplement benefits available from the  
          Medi-Cal program.  The author cites a LAO report which  
          recommends state implementation of PARIS and the efforts in  
          other states which have yielded significant savings.   
          According to the LAO, the ability to identify veterans  
          enrolled in Medi-Cal would allow DHCS to work with county  
          veteran services offices to promote a voluntary shift of  
          veterans from Medi-Cal to the VA system of health care.

          Background
          PARIS is a computer data matching process to help states  
          share information with one another about individuals  
          enrolled in state and federal health and social services  
          programs. It identifies public assistance recipients in  
          participating states who are eligible for federal benefits,  
          including VA benefits.  The process also identifies  
          individuals who are simultaneously enrolled in, and  
          receiving benefits from, Medicaid, Supplemental Security  
          Income/State Supplementary Payment, Temporary Assistance  
          for Needy Families (known as TANF or CalWORKs in  
          California) and Food Stamps in more than one state.  

          In 2007, as part of its analysis of the Governor's proposed  
          budget, the LAO wrote an analysis of PARIS and recommended  
          its implementation in California.  The LAO stated that  
          PARIS is operated by the United States Department of Health  
          and Human Services and is a computer data system that  
          matches public assistance recipients in participating  
          states against various state and federal databases on a  
          quarterly and annual basis.  States voluntarily participate  
          in PARIS.  The three databases compared under the PARIS  
          match are:
                 The Veterans Administration (VA), to determine if  




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               an individual is a veteran and whether or not the  
               individual is collecting VA benefits; 
                 Interstate, which identifies individuals  
               simultaneously collecting benefits in more than one  
               state for Medicaid, Supplemental Security Income/State  
               Supplementary Payment, Temporary Assistance for Needy  
               Families (known as TANF or CalWORKs in California)  
               and/or Food Stamps; and, 
                 Federal, which determines whether an individual  
               receiving public assistance benefits is a former  
               federal or military employee collecting a retirement  
               pension payment or a current federal or military  
               employee. 

          The current DHCS computer system does not identify Medi-Cal  
          beneficiaries by their status as veterans. 

          As part of the regular Medi-Cal eligibility screening  
          process, workers in county welfare offices are required to  
          ask applicants whether they have served in the armed forces  
          and have veteran's status.  If a county eligibility worker  
          determines that an applicant is a veteran, the eligibility  
          worker has the applicant fill out a form, which is then  
          forwarded to a county veteran services office where a case  
          worker will contact the VA to determine the benefits to  
          which the applicant is entitled.  The referral process is  
          intended to ensure that all possible outside sources of  
          income are obtained and available to help reduce costs to  
          the Medi-Cal program.  Medi-Cal currently reimburses county  
          veterans' offices approximately $800,000 annually for these  
          activities.  Although county welfare workers are required  
          to screen for veterans when processing Medi-Cal  
          applications, a 2005 survey performed by the U.S. Census  
          Bureau indicates that approximately 144,000 veterans in  
          California received Medi-Cal benefits. 

          Many of California's veterans have not claimed money they  
          are eligible for, or have been unable to get money they are  
          eligible for because of the backlog of claims at the  
          federal level.  Many of the backlogged claims are due to  
          rejected claims that may be legitimate claims, but are  
          rejected on technicalities, such as an improperly filled  
          out form.  Once a form is filled out correctly, the process  
          starts all over again.  





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          To help with this problem states fund County Veteran  
          Service Officers (CVSO) to, among other things, help  
          veterans with paperwork and expediting claims.  CVSOs are  
          county departments that provide assistance and advocacy to  
          all veterans and dependents in their attempts to obtain  
          benefits from the federal government.  These offices are a  
          joint venture of different levels of government to help  
          veterans claim their benefits.  The state pays a portion of  
          the costs of the offices.

          Prior legislation
          AB 1183 (Committee on Budget), Chapter 758, Statutes of  
          2008, the health budget trailer bill for the 2008-2009  
          budget, required, among its other provisions, DHCS to  
          establish a two-year pilot program in three counties to  
          utilize PARIS to identify veterans and their dependants or  
          survivors who are enrolled in the Medi-Cal Program and  
          assist them in obtaining federal veteran health care  
          benefits. 

          AB 3082 (Salas) of 2008) requires DHCS to work in  
          conjunction with various state and local agencies, to use  
          the federal public assistance and reporting information  
          system (PARIS) to identify veterans enrolled in the  
          Medi-Cal program, and to assist them in obtaining federal  
          veterans' health care benefits.  This bill was held on the  
          Senate Appropriations suspense file.

          Supplemental report language to the Budget Act of 2007  
          required DHCS to file two reports regarding the  
          implementation of PARIS.  





                                  PRIOR ACTIONS

           Senate Veterans Affairs: 6-0
          Assembly Floor:          79-0
          Assembly Appropriations: 17-0
          Assembly Health:         18-0

                                     COMMENTS
           




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             1.   County veterans offices are facing budget cuts.  
               The state has not increased funding for CVSOs for some  
               years, and is slated to cut their budgets further.   
               Counties provide the majority of the funding and  
               county budgets are under significant fiscal stress.   
               Since the CVSOs are an important element in the  
               implementation of this program, this may limit the  
               success of the program.

             2.   Bill would end pilot project well before its  
               completion. 
                   This bill would end the pilot project which is  
               slated to begin this month.  This action comes less  
               than a year after the Legislature authorized a  
               two-year pilot program and would make the program  
               permanent.  The author points to studies of efforts in  
               other states that have concluded that use of PARIS has  
               saved significant funds, and that in this fiscal  
               environment, the state cannot afford to wait for the  
               results of the pilot project.


                                    POSITIONS  
                                        
          Support:  None received


          Oppose:  None received




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