BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1081| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ UNFINISHED BUSINESS Bill No: SB 1081 Author: Fuller (R) Amended: 8/20/12 Vote: 27 - Urgency SENATE HEALTH COMMITTEE : 8-0, 3/28/12 AYES: Hernandez, Harman, Alquist, Anderson, Blakeslee, De León, Rubio, Wolk NO VOTE RECORDED: DeSaulnier SENATE APPROPRIATIONS COMMITTEE : 7-0, 4/30/12 AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price, Steinberg SENATE FLOOR : 37-0, 5/14/12 (Consent) AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon, Cannella, Corbett, Correa, De León, DeSaulnier, Dutton, Emmerson, Evans, Fuller, Gaines, Hancock, Harman, Hernandez, Huff, Kehoe, La Malfa, Leno, Lieu, Liu, Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Rubio, Simitian, Steinberg, Vargas, Walters, Wolk, Wright, Yee NO VOTE RECORDED: Runner, Strickland, Wyland ASSEMBLY FLOOR : 80-0, 8/27/12 - See last page for vote SUBJECT : Public health care: Medi-Cal: demonstration projects SOURCE : District Hospital Leadership Forum CONTINUED SB 1081 Page 2 DIGEST : This bill authorizes nondesignated public hospitals (NDPH), which are hospitals owned by a local health care district, to operate a Low Income Health Program (LIHP) in a county that does not have a designated public hospital if the county has previously filed an application to operate a LIHP but has formally withdrawn the application. Assembly Amendments add clarifying changes. ANALYSIS : Existing law: 1. Establishes the Medi-Cal program, which is administered by the Department of Health Care Services (DHCS), under which qualified low-income individuals receive health care services. 2. Requires DHCS, pursuant to federal approval of a demonstration project, to authorize local LIHPs to provide health care services to eligible low-income individuals under certain circumstances. LIHPs are established at local option, and are authorized to cover individuals up to 200 percent of the federal poverty level (FPL) (200 percent of the FPL is at or below $22,340 for an individual in 2012). 3. Defines the entities authorized to operate an approved LIHP as follows: a county, a city and county, a consortium of counties serving a region of more than one county, or a health authority. This bill: 1. Requires the NDPH to provide the application to the county at the same time it is provided to DHCS. 2. Requires DHCS to consider the application if the county does not indicate within 30 days that it will proceed by rescinding the withdrawal of the application. 3. Requires DHCS to seek any necessary federal approvals. CONTINUED SB 1081 Page 3 4. States legislative intent that any NDPH that submits an application initially establish a local stakeholder advisory committee as specified. 5. Contains an urgency clause to ensure that the provisions of this bill go into immediate effect upon enactment. Background In 2010, the Legislature passed and Governor Schwarzenegger signed into law AB 342 (John A. Pérez), Chapter 723, Statutes of 2010, and SB 208 (Steinberg), Chapter 714, Statutes of 2010, a two-bill package to implement a new federal demonstration project entitled California's "Bridge to Reform." AB 342 authorized the LIHPs (originally called Coverage Expansion and Enrollment Demonstration) that built upon the Health Care Coverage Initiatives (HCCIs) established under the 2005 demonstration project. Under the 2005 waiver, a total of $180 million in federal funds were allotted annually to the county-based HCCIs in years three, four, and five of the 2005 waiver (September 1, 2007 through August 31, 2010) to provide coverage to medically-indigent adults who are not eligible for other public programs. AB 342 extended the 10 "legacy" HCCIs funded under the 2005 demonstration project, and authorized the expansion of the HCCIs statewide using an early implementation option created by the federal health care reform bill (the Patient Protection and Affordable Care Act or ACA). The ACA requires states, by January 1, 2014, to cover adults under age 65 and with family incomes up to 138 percent of the FPL (at or below $15,414 in 2012) in their Medicaid program. Under the ACA, states have the option of drawing down federal funds for early implementation of this provision. FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes Local: No According to the Assembly Appropriations Committee Minor administrative costs to DHCS to seek federal approval for this change and review applications from hospitals to operate LIHPs. These administrative costs CONTINUED SB 1081 Page 4 are funded by 50% federal funds, 50% local funds from participating entities. Given the short time frame and unique circumstances, only one county (Tulare County) is expected to apply pursuant to this bill. If an NDPH operated a LIHP pursuant to this bill, local funds for health care services would also be matched by new federal funds. According to the District Hospital Leadership Forum, the sponsor of this bill, this could result in an estimated increase in federal funds in Tulare County of $2.7 million. SUPPORT : (Verified 8/28/12) District Hospital Leadership Forum (source) Antelope Valley Hospital Association of California Healthcare Districts Coalinga Regional Medical Center District Hospital Leadership Forum Health Access California Kaweah Delta Health Care District Mountains Community Hospital Palomar Health Salinas Valley Memorial Healthcare System San Benito Health Care District Tri-City Medical Center Western Center on Law and Poverty ARGUMENTS IN SUPPORT : This bill is sponsored by the District Hospital Leadership Forum (DHLF), which represents California's health care district-operated acute-care hospitals, to allow a public district hospital to become an LIHP contractor in counties that are both without a county hospital and are not interested in becoming an LIHP contractor. DHLF states that while public district hospitals can negotiate with an LIHP contractor to participate in an LIHP provider network, they cannot become an LIHP contractor under the implementing legislation. DHLF states this restricts the flow of these federal dollars to California and limits access to care for uninsured Californians in counties that are without a county hospital and that are not interested in becoming an LIHP contractor. DHLF concludes that allowing district hospitals to act as an LIHP contractor will result in CONTINUED SB 1081 Page 5 expanded coverage to more areas in California without a cost to the state General Fund ASSEMBLY FLOOR : 80-0, 08/27/12 AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez, Portantino, Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski, Williams, Yamada, John A. Pérez DLW:CTW:d 8/28/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED