BILL ANALYSIS Ó SB 970 Page 1 Date of Hearing: June 26, 2012 ASSEMBLY COMMITTEE ON HEALTH William W. Monning, Chair SB 970 (De León) - As Amended: May 29, 2012 SENATE VOTE : 31-5 SUBJECT : Health Care Reform Eligibility, Enrollment, and Retention Planning Act: coordination with other programs. SUMMARY : Authorizes, upon consent of the applicant, information provided for the single state application for health subsidy programs to be used to meet requirements for new or continued eligibility in the California Work Opportunity and Responsibility to Kids (CalWORKs) and CalFresh programs. Specifically, this bill : 1)Provides that at the time a person applies for or renews health coverage using the single state application, the person may also consent to have the application information used by the county human services department to initiate an application for CalWORKs and CalFresh programs, as well as other human services or work support programs identified by a workgroup. 2)Requires, upon consent of the beneficiary, if information used to renew eligibility for a health subsidy program is sufficient to meet requirements for a CalWORKs or CalFresh semiannual report or annual recertification, the county human services department shall use the information to continue or recertify CalWORKs and CalFresh benefits for all eligible individuals. 3)Requires the California Health and Human Services Agency (CHHSA) to convene a work group of stakeholders, as specified, including advocates, legislative staff, and staff from state and county departments and agencies to consider and develop a plan for the integration of additional human services and work support programs into the process described in 1) above. 4)Requires implementation by December 31, 2015 and allows items 1) and 2) above to be inoperative if the CHHSA Secretary makes a determination that to implement them would delay the implementation of the single standardized application for SB 970 Page 2 state health subsidy programs. EXISTING LAW : 1)Requires the California Health Benefit Exchange (Exchange) to inform individuals of eligibility requirements for the Medi-Cal Program, the Healthy Families Program (HFP), or any applicable state or local health care coverage program. 2)Requires, through screening of the application for coverage by the Exchange, if the Exchange determines that an individual is eligible for any such program, to enroll that individual in the program. 3)Requires, under federal law, by January 2014, state enrollment systems for persons eligible for health subsidy programs to utilize a single streamlined application for Medi-Cal, HFP, subsidized coverage through the Exchange, California Access for Infants and Mothers Program (AIM) and the Basic Health Plan (BHP)( if enacted). 4)Requires the Department of Health Care Services (DHCS), in consultation with Managed Risk Medical Insurance Board (MRMIB) and the Exchange, to develop a single, accessible, standardized paper, electronic, and telephone application for state health subsidy programs as part of the stakeholder process. Requires the application to be used by all entities authorized to make an eligibility determination for any of the state health subsidy programs, and by their agents. FISCAL EFFECT : According to the Senate Appropriations Committee, unknown costs to convene a workgroup and develop a plan to integrate social service program eligibility and enrollment systems into the single application (mostly federal funds). COMMENTS : 1)PURPOSE OF THIS BILL . According to the author, the goal of this bill is to allow consumers applying for health coverage through the new streamlined California Healthcare Eligibility, Enrollment and Retention System (CalHEERS) to also apply for human services programs, so they can receive needed public benefits. The author argues that integrating human services programs into CalHEERS increases administrative efficiency and SB 970 Page 3 streamlines the application and renewal processes for consumers. The author further states that additional strategies to reach those eligible for CalFresh benefits (a 100% federally financed benefit) are needed given California's low participation level. 2)BACKGROUND . Under the federal Patient Protection and Affordable Care Act of 2010 (Public Law 111-48) as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152) (ACA), states must have a seamless, "no wrong door" system for determining eligibility for and enrolling people into state health subsidy programs. These include Medi-Cal, HFP, the Exchange, AIM, and BHP(if enacted). Pursuant to this mandate, California must implement a series of procedures that simplify enrollment into Medi-Cal and HFP and coordinate with the Exchange. Under the ACA and proposed federal guidelines, applicants will initially be screened for eligibility under a new simplified Modified Adjusted Gross Income (MAGI) standard without regard to the amount of assets the family or individual owns. Individuals who do not meet the MAGI income eligibility criteria will be further screened for eligibility under the Medi-Cal aged, blind, or disabled category or for a premium subsidy to purchase insurance through the Exchange. Additional enrollment simplification and coordination procedures include utilizing a single, streamlined application form; establishing a Website that permits individuals to apply to, enroll in, and renew enrollment in Medi-Cal; to consent to enrollment or reenrollment in coverage through electronic signatures; ensuring that individuals who seek coverage through Medi-Cal, HFP, or the Exchange are concurrently screened for eligibility for all three options (including Exchange coverage subsidies and the Basic Health Program, if enacted) and are referred to the appropriate program for enrollment without having to submit additional or separate applications for each program. On May 31, 2012, the Exchange, in collaboration with DHCS and MRMIB announced its intent to award a contract to Accenture LLC to develop the Information Technology functions for this new web-based system, referred to as CalHEERS, which will include the design and scope of the new single point of eligibility for individuals seeking subsidized coverage that will be launched October 2013. CalHEERS will also offer a way SB 970 Page 4 for individuals who are not eligible for subsidies to comparison shop and find the best health plan for them. Small business owners and their employees will be able to choose a plan through the Small Employer Health Options Program. Under new, streamlined eligibility rules, CalHEERS will make it easier for most individuals to obtain Medi-Cal coverage and will serve as the enrollment portal for the HFP. Some applicants who are eligible for Medi-Cal may still have their eligibility determined and be enrolled by the counties. As part of the development process, vendors had been directed to include the capability for the system to be able to take application information and pass that along to county social service agencies, so that they may use it to determine eligibility for social service programs, such as CalWORKs or CalFresh. 3)CalWORKs. The CalWORKs program provides basic needs cash grants to very low-income families with children and work support services for their parents. The average monthly grant for a family of three is $471.00 which is 29.6% of the Federal Poverty Level (FPL). Federal funding for the program comes from the Temporary Aid to Needy Families block grant. According to the sponsor, the program serves just 3% of the state's population, a fraction of the 15.7% of Californians who live below the FPL and only 65% of those who are eligible. To be eligible for aid in CalWORKs one must be a citizen or qualifying immigrant who meets the income and asset tests and all adults in the household, including those not receiving aid must be finger-imaged and comply with interview requirements. Additionally, all adults must comply with work requirements. 4)CalFresh . CalFresh is the state's largest anti-hunger program, serving just fewer than 4 million people with an average weekly benefit of $145 per person. Food benefits distributed through the program, known nationally as the Supplemental Nutrition Assistance Program (SNAP), are 100% federally funded. According to the United States' Department of Agriculture, only 53% of eligible Californians participate in the program. To be determined eligible for CalFresh benefits, a person must be a citizen or qualifying immigrant who meets both the gross income and net income tests and complete an interview by phone or in person. 5)SUPPORT . According to the sponsors, Western Center on Law and Poverty (WCLP) this bill is intended to allow people applying SB 970 Page 5 for health coverage online to use their information to start an application for public programs such as CalFresh and CalWORKs. WCLP states that when someone walks into a county office today or logs onto the internet to apply for one public program, they have the option of applying for multiple programs. Allowing consumers who apply for health coverage through CalHEERS to initiate applications for human service and work support programs is needed to ensure the state does not move backward in providing integrated services to low-income Californians. WCLP states this bill also better integrates renewal processes between health and public programs by requiring that, if the health program renewal form has the necessary information to renew eligibility for CalWORKs or CalFresh, that it be used to satisfy the renewal requirement for that program, thereby reducing administrative workload and streamlining the process for consumers. Finally, WCLP states federal funds are available through December 31, 2015 to build the new required health coverage enrollment system (100% federal funds for the Exchange and 90% federal funds for Medi-Cal), and can be used for a system that integrates public programs as well. This bill requires that the public program integration be completed within that timeframe. California Food Policy Advocates and other supporters also state that this bill would take initial steps to integrate the process for applying for public programs such as CalWORKs and CalFresh with the new health coverage application process. Supporters state that this horizontal integration is an important step towards improving CalFresh participation and strengthening the health and well-being of low-income Californians. 6)RELATED LEGISLATION . AB 714 (Atkins) of 2011 would have required a notification to individuals who have ceased to be enrolled in specified public health care coverage programs and to individuals receiving services under specified health programs regarding potential eligibility for health care coverage through the Exchange. AB 714 was held in the Senate Appropriations Committee. 7)PREVIOUS LEGISLATION . AB 1296 (Bonilla), Chapter 641, Statutes of 2011, enacts the Health Care Eligibility, Enrollment, and Retention Act, establishing a process for developing a streamlined and simplified eligibility and SB 970 Page 6 enrollment system to ensure that individuals will be able to apply for public health coverage programs in person, by mail, online, fax, or by telephone. AB 1296 also establishes a stakeholder process to consult with to develop and test a single, accessible, standardized paper, electronic, and telephone application. REGISTERED SUPPORT / OPPOSITION : Support Western Center on Law & Poverty (sponsor) California Association of Food Banks California Catholic Conference California Coverage & Health Initiatives California Food Policy Advocates California Hunger Action Coalition California Immigrant Policy Center California Pan-Ethnic Health Network California Partnership to End Domestic Violence California Primary Care Association California School Employees Association Coalition of California Welfare Rights Organizations, Inc. Consumer Federation of California Greenlining Institute Health Access California Latino Coalition for a Healthy California Santa Clara County Board of Supervisors Opposition None on file. Analysis Prepared by : Marjorie Swartz / HEALTH / (916) 319-2097