BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                    SB 36|
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                              UNFINISHED BUSINESS


          Bill No:  SB 36
          Author:   Simitian (D), et al.
          Amended:  8/26/11
          Vote:     21

           
           SENATE HEALTH COMMITTEE  :  6-2, 3/23/11
          AYES:  Hernandez, Alquist, De León, DeSaulnier, Rubio, Wolk
          NOES:  Strickland, Anderson
          NO VOTE RECORDED:  Blakeslee

          SENATE APPROPRIATIONS COMMITTEE  :  6-2, 5/26/11
          AYES:  Kehoe, Alquist, Lieu, Pavley, Price, Steinberg
          NOES:  Walters, Runner
          NO VOTE RECORDED:  Emmerson

           SENATE FLOOR  :  26-13, 6/1/11
          AYES:  Alquist, Calderon, Cannella, Corbett, Correa, De 
            León, DeSaulnier, Evans, Hancock, Hernandez, Kehoe, Leno, 
            Lieu, Liu, Lowenthal, Negrete McLeod, Padilla, Pavley, 
            Price, Rubio, Simitian, Steinberg, Vargas, Wolk, Wright, 
            Yee
          NOES:  Anderson, Berryhill, Blakeslee, Dutton, Fuller, 
            Gaines, Harman, Huff, La Malfa, Runner, Strickland, 
            Walters, Wyland
          NO VOTE RECORDED:  Emmerson

           ASSEMBLY FLOOR  :  Not available


           SUBJECT  :    County Health Initiative Matching Fund

           SOURCE  :     San Mateo County
                                                           CONTINUED





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          DIGEST  :    This bill allows local County Health Initiative 
          Matching Fund programs to draw down federal matching funds 
          to provide health insurance coverage to eligible children 
          with family incomes at or below 400 percent federal poverty 
          level (FPL), instead of up to 300 percent of the FPL in 
          existing law, and requires persons receiving this coverage 
          be ineligible for no share of cost Medi-Cal coverage and 
          either ineligible for the Healthy Families Program or 
          unable to enroll in the program as a result of specified 
          enrollment policies due to insufficient funds.

           Assembly Amendments  add co-authors.

           ANALYSIS  :    Existing federal law establishes the 
          Children's Health Insurance Program (CHIP) which provides 
          federal matching funds for state health insurance programs 
          through a block grant allotment to states.  (California's 
          federal share of CHIP funding is currently 65 percent and 
          the state share is 35 percent).

           Existing state law  :

          1. Establishes the Healthy Families Program (HFP) to 
             provide health, dental, and vision coverage to uninsured 
             children who do not qualify for free Medi-Cal and who 
             are generally in families at or below 250 percent of FPL 
             (at or below $46,325 for a family of three in 2011).  
             The Managed Risk Medical Insurance Board (MRMIB) 
             administers HFP.

          2. Establishes the County Health Initiative Matching Fund 
             (CHIMF) program, which allows counties, county agencies, 
             local initiatives (LIs) and county organized health 
             systems (COHS) (COHS and LIs are local Medi-Cal managed 
             care plans) to provide funding to MRMIB for the purpose 
             of drawing down federal matching funds to provide 
             comprehensive health insurance coverage to any child or 
             adult who meets citizenship and immigration status 
             requirements for HFP, but who does not qualify for 
             either HFP or free Medi-Cal (income eligibility for 
             CHIMF for children is currently limited to children with 
             family incomes at or below 300 percent of FPL, at or 







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             below $55,875 for a family of three in 2011).

          3. Coverage provided through the CHIMF programs is not an 
             entitlement, and existing law prohibits costs in 
             providing these services from accruing to the state.  
             All expenses incurred by MRMIB and the Department of 
             Health Care Services in administering CHIMF are required 
             to be paid from the CHIMF or directly by applicants, 
             except that MRMIB can accept funding from a 
             not-for-profit group or foundation, or from a 
             governmental entity providing grants for health-related 
             activities, to administer the CHIMF.  Implementation of 
             the CHIMF program is subject to federal financial 
             participation being available and approved.

          This bill:

          1. Allows CHIMF programs to draw down federal matching 
             funds to provide health insurance coverage to eligible 
             children with family incomes at or below 400 percent of 
             the FPL ($74,120 for a family of three in 2011), instead 
             of up to 300 percent of the FPL in existing law.

          2. Requires persons receiving this coverage be ineligible 
             for no share of cost Medi-Cal coverage and either 
             ineligible for the Healthy Families Program or unable to 
             enroll in the program as a result of specified 
             enrollment policies due to insufficient funds. 

          3. Makes implementation of the provisions of this bill, and 
             the existing law income eligibility provisions, 
             conditioned on MRMIB obtaining necessary federal 
             approval.

           Background

           AB 495 (Diaz), Chapter 648, Statutes of 2001, established 
          the CHIMF to allow county entities to use county funds to 
          draw down federal dollars from California's federal CHIP 
          allotment.  There are three counties that provide coverage 
          drawing down federal funds through CHIMF to cover children 
          who would be eligible for HFP but who do not qualify for 
          HFP because of their family income.  The three 
          participating CHIMF counties are San Mateo, San Francisco, 







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          and Santa Clara.  San Francisco and Santa Clara cover 
          children with incomes at or below 300 percent of FPL, while 
          San Mateo covers children up to 400 percent of FPL.  In the 
          2009-10 fiscal year, there were 1,156 subscribers in the 
          CHIMF.  Estimated CHIMF enrollment and local and federal 
          CHIP funds used to support the CHIMF programs in the 
          2011-12 fiscal year are shown in the chart below:


            ---------------------------------------------------------- 
           |          | Enrollment |          |           |           |
           |  County  | as of June |CHIM Fund |  Federal  |   Total   |
           |          |  30, 2012  |          |   Funds   |   Funds   |
           |----------+------------+----------+-----------+-----------|
           |Santa     |    308     | $122,000 | $226,000  | $348,000  |
           |Clara     |            |          |           |           |
           |----------+------------+----------+-----------+-----------|
           |San Mateo |    399     | $132,000 | $246,000  | $378,000  |
           |----------+------------+----------+-----------+-----------|
           |San       |    437     | $198,000 | $367,000  | $565,000  |
           |Francisco |            |          |           |           |
           |----------+------------+----------+-----------+-----------|
           |Total     |   1,144    | $452,000 | $839,000  |$1,291,000 |
           |          |            |          |           |           |
            ---------------------------------------------------------- 

          The HFP was established in 1997 to enable California to 
          implement federal CHIP.  CHIP provides matching funds to 
          states to provide health insurance for low-to 
          moderate-income children in families with incomes too high 
          to be served by state Medicaid programs (Medi-Cal in 
          California).  HFP is for children ages 0-18 in families 
          with incomes between 100 percent to 250 percent FPL who are 
          ineligible for free Medi-Cal, and for children up to age 
          two in families with incomes between 250 and 300 percent 
          FPL who are born to women enrolled in the state AIM 
          Program.  Subscribers must be U.S. citizens or have 
          qualified immigrant status.  Monthly premiums are 
          determined by family size, net income and insurance plan 
          selected.  Monthly premiums per child range from a low of 
          four dollars per child in families with an income between 
          100 to 150 percent of the FPL to a high of $24 per child in 
          families with incomes between 200 and 250 percent of the 
          FPL, up to a maximum of $72 per family.  







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          HFP services are provided through contracts with managed 
          care plans.  At least one health plan is offered in each of 
          California's 58 counties.  The federal government provides 
          funding for 65 percent of total HFP expenses (not including 
          subscriber premiums and cost-sharing paid by HFP 
          subscribers).  The state covers the remaining 35 percent.  
          Under federal health care reform, the federal share will 
          increase by 23 percent starting in 2015.  For individuals 
          with incomes at or above 300 percent of the FPL, the 
          federal matching rate is the state's Medicaid matching rate 
          (California is usually 50 percent), instead of the higher 
          CHIP 65 percent matching rate.  

          As of February 28, 2011, there were 865,480 children 
          enrolled in HFP, and the Governor's budget projects 
          enrollment of 916,029 children at the end of the budget 
          year.  Due to a funding shortfall, MRMIB had a HFP waiting 
          list from July 17, 2009 to September 17, 2009.

           Prior Legislation
           
          SB 1431 (Simitian), of 2009-10 Session, was identical to 
          this bill.  SB 1431 was vetoed by Governor Schwarzenegger.  
          In his veto message, the Governor cited the state of the 
          economy, the low participation rate in the current program, 
          and the new federal maintenance of effort requirements for 
          the HFP in arguing that expanding eligibility for this 
          local program was not necessary.  In addition, the Governor 
          stated the practical impact of that measure would be 
          short-lived because families with eligible children will 
          have the opportunity to purchase subsidized insurance 
          through the health insurance exchange in 2014. 

          AB 1085 (Ruskin), of 2005-06 Session, would have enabled 
          CHIMF programs to draw down federal matching funds for 
          children in families with incomes up to 400 percent of the 
          FPL, instead of 300 percent of the FPL in existing law.  
          That bill was held on the Assembly Appropriations Suspense 
          file. 

          AB 1130 (Diaz), Chapter 687, Statutes of 2003, renames the 
          Children's Health Initiative Matching Fund as the County 
          Health Initiative Matching Fund and is the implementing 







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          legislation for AB 495.

          AB 1524 (Richman), Chapter 866 Statutes of 2003, expands 
          the scope of the County Health Initiative Matching Fund to 
          allow these programs to draw down federal matching funds 
          for providing health insurance coverage for adults. 

          AB 495 (Diaz), Chapter 648, Statutes of 2001, establishes 
          the Children's Health Initiative Matching Fund to allow 
          local funds from counties with children's health 
          initiatives to be used to draw down federal dollars from 
          California's CHIP allotment. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

          According to the Senate Appropriations Committee analysis:

                          Fiscal Impact (in thousands)

          Major Provisions                     2011-12     2012-13    
           2013-14         Fund  

          Health care for newly              $91-$121  
          $182-$242$181-$242 Federal
          eligible C-CHIP children                     $91-$121  
          $182-$242           $181-$242      Local

           SUPPORT  :   (Verified  8/30/11)

          San Mateo County Board of Supervisors (source)
          Alameda County Board of Supervisors
          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 District of the American Academy of Pediatrics
          California Medical Association
          California Optometric Association
          California Psychiatric Association
          California School Employees Association







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          California State Association of Counties
          California State PTA
          Health Improvement Partnership of Santa Cruz County
          Lucile Packard Children's Hospital
          Peninsula Interfaith Action
          San Francisco County
          Santa Clara County Board of Supervisors
          Urban Counties Caucus

           ARGUMENTS IN SUPPORT :    This bill is sponsored by San 
          Mateo County Board of Supervisors, which states that during 
          the 2009-10 budget deliberations, an enrollment cap in HFP 
          resulted in thousands of children statewide being placed on 
          a waiting list for coverage while children in higher income 
          brackets were able to enroll in locally funded programs.  
          In addition, without the statutory authority to draw down 
          federal funding for children between 300 and 400 percent 
          FPL, hundreds of children in San Mateo County and others 
          across the state could go without important health 
          coverage.


          CTW:do  8/30/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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