BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 36
                                                                  Page  1

          Date of Hearing:  June 21, 2011

                            ASSEMBLY COMMITTEE ON HEALTH
                              William W. Monning, Chair
                    SB 36 (Simitian) - As Amended:  March 29, 2011

           SENATE VOTE :  26-13
           
          SUBJECT  :  County Health Initiative Matching Fund.

           SUMMARY  :  Expands eligibility for children to enroll in the 
          County Health Initiative Matching (CHIM) Fund Program which uses 
          local funds to match federal Children's Health Insurance Program 
          (CHIP) funds.  Specifically,  this bill  :  

          1)Expands eligibility to the CHIM Fund to children in families 
            whose income is at or below 400% of the federal poverty level 
            (FPL), from 300% of FPL. 

          2)Authorizes eligibility for children who meet the requirements 
            for the Healthy Families Program (HFP) but are unable to 
            enroll as a result of restricted enrollment by the Managed 
            Risk Medical Insurance Board (MRMIB) due to budget 
            limitations.

          3)Requires the entity that will be providing the local funds to 
            specify the income level for which the coverage will be 
            provided and whether individuals who meet the criteria for 
            HFP, but are unable to enroll due to restricted enrollment 
            will be covered.

          4)Conditions implementation on obtaining federal approval.

           EXISTING LAW  :

          1)Establishes HFP, administered by MRMIB, to provide low-cost 
            insurance, including health, dental, and vision coverage, to 
            children who do not have health insurance, do not qualify for 
            free Medi-Cal, and are in families at or below 250% of the 
            FPL.

          2)Authorizes the CHIM Fund, administered by MRMIB, to fund 
            children's health coverage using local funds as the state 
            match for children in families with income at or below 300% of 
            FPL and who don't qualify for HFP or no share of cost 








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            Medi-Cal. 

          3)Establishes a sharing ratio for Medi-Cal at 50% federal, 50% 
            state, but under the American Reinvestment and Recovery Act 
            provides a temporary enhanced sharing ratio of 62% federal, 
            38% state retroactively from October 1, 2008 through December 
            31, 2010.

           FISCAL EFFECT  :  According to the Senate Appropriations 
          Committee, the applicant counties pay a $17,000 application fee, 
          which covers the application process and the necessary 
          submission of the State Plan Amendment (SPA).  Assuming that the 
          per member per month cost of a child enrolled in the County 
          Children's Health Initiative Program (C-CHIP) is approximately 
          $101 total funds and that a county that chooses to enroll 
          children with family incomes between 300 and 400% FPL, as 
          permitted by this bill, would enroll between 300 and 400 
          children annually, the costs would be approximately $181,800 - 
          $242,400 federal funds and $181,800 - $242,400 in local funds 
          each year.  If more counties chose to do this, the costs would 
          be higher.  If no counties choose to enroll children above 300% 
          FPL, then there would be no cost to this bill.

          Costs associated with this bill would be unknown beyond January 
          1, 2014, when federal health reform becomes effective.  There 
          could be decreased enrollment in the program because families 
          with incomes at or under 400% FPL will have the opportunity to 
          purchase subsidized insurance through the health insurance 
          exchange.

           COMMENTS  :  

           1)PURPOSE OF THIS BILL  .  According to the author, this bill is 
            intended to allow counties that participate in the CHIM Fund 
            to draw federal matching funds by providing health care 
            coverage to qualified children with family income at or below 
            400% of FPL.  The author states that increasing the income 
            level from 300% of FPL allows these participating counties to 
            take full advantage of the increase in available federal 
            matching funds through the federal Children's Health Insurance 
            Program Reauthorization Act (CHIPRA) of 2009 (Public Law 
            111-3).  This bill is also intended to allow counties to 
            provide health care coverage to children who would otherwise 
            have been eligible or covered by HFP through MRMIB but for 
            limitations on enrollment or eligibility restrictions that may 








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            be imposed due to budget shortfalls.

           2)BACKGROUND  .  C-CHIP and CHIM Fund were created by AB 495 
            (Diaz), Chapter 648, Statutes of 2001.  The purpose was to 
            allow local entities, by means of intergovernmental transfer 
            of local funds, to draw down federal financial participation 
            (FFP) matching funds for low cost health coverage, with 
            benefits similar to HFP, to children through age 19 not 
            eligible for HFP or the no-cost Medi-Cal Program, and whose 
            household income falls within 251% and 300% FPL.  Usually 
            federal funds require a State General Fund match.  The C-CHIP 
            Program allows counties to use county funds as a match for 
            available federal funds which are allocated to California, but 
            for which there had been no state General Funds allocated.

          There are currently three counties, San Francisco, San Mateo, 
            and Santa Clara that were approved to draw down FFP under an 
            SPA that was approved in 2004.  According to MRMIB, these 
            counties use the funds to provide health insurance coverage to 
            uninsured children through the County Organized Health System 
            or Local Initiative.  The MRMIB 2011 May Revision estimates 
            1,258 children enrolled in the current year at a cost of 
            $449,000 local funds and $449,000 federal funds.  Similar 
            enrollment is expected in fiscal year (FY) 2011-12.

           3)CHILDREN'S HEALTH INSURANCE PROGRAM  .  CHIP was enacted as part 
            of the Balanced Budget Act of 1997 and has allocated about $20 
            billion over 10 years to help states insure low-income 
            children who are ineligible for Medicaid but cannot afford 
            private insurance.  HFP is California's version of the federal 
            CHIP and provides health, dental, and vision coverage to 
            children in families with incomes between 100% and 250% of the 
            FPL who are not eligible for Medi-Cal and do not have private 
            insurance.  The sharing ratio in HFP is 65% federal, 35% 
            state.  As of June 2011, there were 883,596 children enrolled. 


          In 2007, after President Bush and Congress could not agree on 
            CHIP reauthorization details, the program was extended through 
            March 2009.  In February 2009, CHIPRA was approved by Congress 
            and signed by President Obama extending CHIP for four and a 
            half years.  In concert with the signing, President Obama sent 
            a memorandum to the Centers for Medicare and Medicaid Services 
            requesting that they immediately withdraw an August 2007 
            Directive sent to state health officials which imposed 








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            conditions on states and limited their options to provide 
            coverage to uninsured children.  He requested that they 
            implement CHIP from this time forward without these 
            requirements.  Among other provisions, this clarified that 
            only children with family incomes up to 300% of FPL will be 
            eligible for the enhanced CHIP match, but states are not 
            limited from increasing eligibility above that level and 
            drawing down the match at the state's Medicaid rate.

          Each state is allocated a specific amount of federal CHIP funds. 
             In federal FY 2010, California's allotment was $1.63 billion. 
             The state used $1.19 billion leaving approximately $440 
            million in unused funds.  Future allotments are expected to be 
            the similar.  If a state does not use its entire allotment, 
            the funds revert to other state CHIPs around the country.

          The Patient Protection and Affordable Care Act (Public Laws 
            111-148) (PPACA) extends the authorization of federal CHIP for 
            an additional two years, through September 30, 2015.  PPACA 
            requires states to maintain current income eligibility levels 
            for CHIP through September 30, 2019.  States are prohibited 
            from implementing eligibility standards, methodologies or 
            procedures that are more restrictive than those in place as of 
            March 23, 2010, with the exception of waiting lists for 
            enrolling children.  California would put over $25 billion 
            Medicaid and CHIP federal matching funds annually in jeopardy 
            if it were to not fulfill this Maintenance of Effort (MOE) 
            requirement.  Thus, it is unlikely that counties would need to 
            use the authority in this bill to enroll children that are 
            eligible for HFP, but who are unable to obtain coverage due to 
            a budget deficit-related administrative action by MRMIB that 
            limits eligibility because such an action would violate the 
            MOE.

          In 2009, HFP had a $194 million General Fund shortfall resulting 
            from budget-related cutbacks and was closed to all new 
            enrollments.  In August of 2009, there were 70,788 children on 
            the HFP waiting list.  Additionally, MRMIB projected that over 
            600,000 children would need to be disenrolled.  A three-part 
            funding solution was devised.  The California Children and 
            Families Commission voted to grant $81 million to MRMIB to 
            cover children age zero to five; $157 million in gross 
            premiums taxes on Medi-Cal managed care plans was enacted 
            which yields $97 million in additional federal funds for HFP; 
            and, savings from program changes to HFP, including increased 








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            family premiums and other program changes being adopted by 
            MRMIB. 

          The Governor's May Revision proposed to shift all HFP eligible 
            children to the Medi-Cal Program over a six-month transition 
            period beginning January 1, 2012.  

           4)PRIOR LEGISLATION.  

              a)   SB 1431 (Simitian) of 2010, a nearly identical bill was 
               vetoed by the Governor.  In his veto message, the Governor 
               wrote, "the practical impacts of this bill will be 
               short-lived, given that families with eligible children 
               will have the opportunity to purchase subsidized insurance 
               through the health insurance exchange in 2014."

             b)   AB 1130 (Diaz), Chapter 687, Statutes of 2003, renames 
               the Children's Health Initiative Matching Fund to be the 
               CHIM Fund and is the implementing legislation for AB 495.
             c)   AB 1524 (Richman), Chapter 866, Statutes of 2003, 
               expands the scope of the CHIM Fund to include health 
               insurance coverage for adults.  

             d)   AB 495 establishes the Children's Health Initiative 
               Matching Fund to allow local funds from counties with 
               children's health initiatives to draw down federal dollars 
               from California's CHIP allotment. 

           5)SUPPORT  .  According to the sponsor, San Mateo County, this 
            bill would align and conform current state law to allow 
            counties to take full advantage of the eligibility expansion 
            extended under federal funding should the state once gain 
            limit enrollment in HFP.  The California CHIMs write in 
            support that this bill would allow communities to draw down 
            federal finding made available through CHIP which is not 
            currently claimed.  The City and County of San Francisco, in 
            support states that in the even the Governor's budget and 
            "trigger" cuts to HFP are implemented and the City decides to 
            backfill those cuts, this bill would endure $2.74 million to 
            $15.47 million to San Francisco in federal matching funds. 

           REGISTERED SUPPORT / OPPOSITION:
           
           Support 
           








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          County of San Mateo (sponsor)
          American Academy of Pediatrics 
          California Association of Health Insuring Organizations
          California Chapter of the American College of Emergency 
          Physicians
          California Children's Health Initiatives
          California Children's Hospital Association
          California Chiropractic Association 
          California Communities United Institute
          California Medical Association 
          California Optometric Association
          California Psychiatric Association
          California School Employees Association  
          California State Association of Counties
          California State PTA
          City and County of San Francisco
          County of Alameda 
          Health Improvement Partnership of Santa Cruz County
          Junior Leagues of California 
          Local Health Plans of California 
          Lucille Packard Children's Hospital 
          Peninsula Interfaith Action 
          Santa Clara County
          Urban Counties Caucus

           Opposition 
           
          None on file.

          Analysis Prepared by:    Marjorie Swartz / HEALTH / (916) 
          319-2097