BILL ANALYSIS Ó AB 1494 Page 1 ( Without Reference to File ) CONCURRENCE IN SENATE AMENDMENTS AB 1494 (Budget Committee) As Amended June 25, 2012 Majority vote. Budget Bill Appropriation Takes Effect Immediately ----------------------------------------------------------------- |ASSEMBLY: | |(March 22, |SENATE: |21-14|(June 27, | | | |2012) | | |2012) | ----------------------------------------------------------------- (vote not relevant) Original Committee Reference: BUDGET SUMMARY : Contains necessary statutory changes to achieve savings assumed in the 2012 Budget Act related to both the Managed Risk Medical Insurance Board and the Department of Health Care Services and implements the transition of all children in the Healthy Families Program to Medi-Cal. The Senate amendments delete the Assembly version of this bill, and instead: 1)Implement the transition of all children in the Healthy Families Program to Medi-Cal. Specifically, the bill: a) Increases eligibility for the Medi-Cal program, for children ages 6 through 18, to family incomes up to and including 200% of the federal poverty level (FPL), and exempts all resources and disregards income at or above 200% and up to and including 250% FPL. Exempts Access for Infants and Mothers-linked infants, with incomes above 250% FPL, from this transition. b) Eliminates premiums for children with incomes at or below 150% FPL and requires premiums of all children above 150% FPL at the Healthy Families category B level. c) Requires that the Healthy Families Program cease to enroll new subscribers no sooner than the date that this transition begins. AB 1494 Page 2 d) Requires counties to perform final eligibility determinations and annual redeterminations, utilizing reporting and performance standards established in this bill. e) Provides presumptive eligibility for Medi-Cal for the children transferring from Healthy Families, which will continue until final determinations are made within one year of the children's Healthy Families Program annual review dates. f) Requires that children transfer from Healthy Families to Medi-Cal in four phases as follows: i) Phase 1 - Children enrolled in a Healthy Families Program health plan that is also a Medi-Cal managed care plan shall transfer to the same plan no sooner than January 1, 2013. ii) Phase 2 - Children enrolled in a Healthy Families managed care plan that is a subcontractor of a Medi-Cal managed care plan, will be enrolled into a Medi-Cal managed care plan that includes the child's current plan, beginning no earlier than April 1, 2013. iii) Phase 3 - Children enrolled in a Healthy Families managed care plan that is not a Medi-Cal managed care plan and does not contract or subcontract with a Medi-Cal managed care plan will be enrolled in a Medi-Cal managed care plan in that county, beginning no earlier than August 1, 2013. iv) Phase 4 - Children living in a county that is not a Medi-Cal managed care county will transition into fee-for-service Medi-Cal, no earlier than September 1, 2013. Should Medi-Cal managed care be implemented in these counties, children in Medi-Cal will transition into managed care. g) Requires the following to be in place prior to implementation of all phases of the transition: a) Managed care plan performance measures must be integrated and coordinated with the Healthy Families Program performance standards and in compliance with Medi-Cal managed care performance measurements, including network adequacy and AB 1494 Page 3 linguistic services; and, b) Medi-Cal managed care plans must allow enrollees to remain with their current primary care provider, or report to the department on how continuity of care will be ensured. h) Requires the California Health and Human Services Agency, in consultation with the Managed Risk Medical Insurance Board (MRMIB), the Department of Health Care Services (DHCS), the Department of Managed Health Care (DMHC), and a stakeholder group, to provide the Legislature with a strategic plan for implementing this transition by October 1, 2012. Requires the strategic plan to address administrative components, methods for diverse stakeholder engagement throughout the transition, state monitoring of managed care health plans' performance and accountability, and health and dental delivery system components. i) Requires implementation plans to be developed prior to each phase of this transition to ensure continuity of care and to prevent disruptions in service. Requires the implementation plans to include information on health and dental plan network adequacy, continuity of care, eligibility and enrollment requirements, consumer protections, and family notifications. Requires DHCS to consult with stakeholders, including consumers, families, advocates, counties, providers, and health and dental plans on the development of implementation plans. j) Requires dental care to be provided through fee-for-service Medi-Cal for children in all counties except Sacramento and Los Angeles. aa) Requires, for children in Sacramento County, dental coverage to continue to be provided by a child's Healthy Families dental managed care plan if the plan is also a Medi-Cal dental managed care plan. If a child's plan is not a Medi-Cal plan, the family will choose a Medi-Cal dental managed care plan, or be assigned to a plan with preference for a plan with the child's current provider. Children in Sacramento County may access the beneficiary dental exception process adopted through AB 1467 (the 2012 omnibus health trailer bill). bb) Requires, for children in Los Angeles County, dental coverage to continue to be provided by the child's Healthy AB 1494 Page 4 Families dental managed care plan if that plan is a Medi-Cal dental plan in Los Angeles. If the child's plan is not a Medi-Cal plan, the family may select a Medi-Cal plan or choose fee-for-service. cc) Requires managed care health and dental plans to report to DHCS specified information on transition implementation issues, enrollees, and providers, including grievances related to access to care, continuity of care requests and outcomes, and changes to provider networks. dd) Requires DHCS to consult and collaborate with DMHC in assessing Medi-Cal managed care health plan network adequacy for purposes of the required transition plans. ee) Requires DHCS to provide monthly status reports to the Legislature on the transition beginning no later than February. ff) Requires DHCS to provide written notice regarding this transition to families at least 60 days prior to the transition of children in Phase 1, and at least 90 days prior to the transition of children in Phases 2 and 3. Specifies various requirements for these notices. gg) Requires DHCS to provide a process for ongoing stakeholder consultation and for making information publicly available, including the achievement of benchmarks, enrollment data, utilization data and quality measures. hh) Requires DHCS to designate department liaisons responsible for the coordination of the Healthy Families Program. ii) Appropriates $400,000 from the Managed Care Fund to DMHC for administration of the call center to assist individuals with the Healthy Families transition and any other aspects of health plan readiness and coordination with DHCS and MRMIB. 2)Restore current law by overriding provisions contained AB 1467 (the 2012 omnibus health trailer bill) that prohibited the California Children's Services (CCS) program from covering the cost of medical therapy services for any child who has an AB 1494 Page 5 individualized education program (IEP) and these services are identified as educationally related within the child's IEP. 3)State the Legislature's intent to develop new payment rates for clinical laboratory services that are comparable to the payment amounts received from other payers of services. Provides that reimbursement for laboratory services shall not exceed the lowest of the following: a) the amount billed; b) the charge to the general public; c) 80% of the lowest maximum allowance established by the federal Medicare Program for the same or similar services; or, d) a reimbursement rate based on an average of the lowest amount that other payers and other state Medicaid programs pay for similar services. Imposes a 10% rate reduction, to achieve $7.7 million in General Fund savings in 2012-13, for laboratory services beginning July 1, 2012, and continuing until this new rate methodology has received federal approval. Exempts the Family Planning, Access, Care and Treatment program from this 10% rate reduction. Establishes rate data reporting requirements for laboratories to the state to be utilized for developing the new rate methodology. Requires DHCS to seek stakeholder input in the development of the rate methodology. Replaces similar provisions contained in AB 1467 (the 2012 omnibus health trailer bill). 4)Add an appropriation allowing this bill to take effect immediately upon enactment. AS PASSED BY THE ASSEMBLY , this bill expressed the intent of the Legislature to enact statutory changes relating to the Budget Act of 2012. Analysis Prepared by : Andrea Margolis / BUDGET / (916) 319-2099 FN: 0004267