BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 361
                                                                  Page  1

          Date of Hearing:   April 17, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                   AB 361 (Mitchell) - As Amended:  April 4, 2013 

          Policy Committee:                              HealthVote:15-3

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill, subject to federal approval as specified, authorizes  
          the Department of Health Care Services (DHCS) to create a  
          California Health Home Program (Program) consistent with federal  
          health reform, the Affordable Care Act (ACA).  Specifically,  
          this bill: 

          1)Permits DHCS to design a program for specified populations  
            with chronic conditions.   This includes authority for  
            contracting, developing a payment methodology, identifying  
            home health services consistent with federal guidelines, and  
            submitting applications to the federal Centers for Medicare  
            and Medicaid Services (CMS) for one or more Medicaid state  
            plan amendments (SPAs).    

          2)Authorizes DHCS to design one or more SPAs to provide home  
            health services to children and adults and, subject to  
            enhanced federal matching funds, requires specific services  
            including  comprehensive and individualized care management,  
            care coordination, transitional care, individual and family  
            support, and referral to community and social services  
            supports.

          3)Specifies other criteria for DHCS, including a requirement  
            that DHCS report on and develop an alternative plan if the  
            department determines a health home program for adults with  
            severe conditions (including frequent hospital admissions and  
            homelessness) is not operationally viable.

          4)Requires implementation only if federal financial  
            participation (FFP) is available and CMS approves any SPAs  
            sought.  Clarifies that local governments or foundations are  








                                                                  AB 361
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            not precluded from contributing the nonfederal share of costs  
            if permitted under federal law.  Requires an evaluation two  
            years after implementation.

           FISCAL EFFECT  

          1)One-time administrative costs likely in the hundreds of  
            thousands of dollars to plan and develop the program and  
            submit the required applications. Ongoing costs likely in the  
            hundreds of thousands to millions of dollars to oversee and  
            administer the program.  One-time costs in the low millions of  
            dollars to perform the required evaluation. 

          2)With enhanced (90%) FFP, the state's share would be 10%.   
            Grant money is expected to cover the state share.   Long-term  
            program costs are unknown, but likely to be cost-neutral to  
            the state. 
           COMMENTS  

           1)Rationale  .  The author, sponsors (Corporation for Supportive  
            Housing and Western Center on Law and Poverty), and numerous  
            supporters believe the state should take advantage of  an ACA  
            provision providing enhanced matching funds by creating health  
            homes for  enrollees with two or more chronic conditions.  A  
            health home would serve people whose needs might make them  
            more costly initially but for whom costs would decrease after  
            the intensive case management and care coordination of a  
            health home.

           2)Related Legislation  .  AB 1208 (Pan) establishes the Patient  
            Centered Medical Home (PCMH) Act of 2013 and defines a  
            "medical home" and a "patient centered medical home" to refer  
            to a health care delivery model in which a patient establishes  
            an ongoing relationship with a licensed health care provider,  
            as specified.  AB 1208 is pending in Assembly Health  
            Committee.

           3)Prior Legislation  .  

             a)   AB 2266 (Mitchell) of 2012 would have required DHCS to  
               establish a program to provide health home services  
               designed to reduce a participating individual's avoidable  
               use of hospitals when more effective care can be provided  
               in less costly settings.  AB 2266 died on the Senate Floor.  
                








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             b)   SB 393 (Ed Hernandez) of 2011 would have established a  
               definition for a medical home based upon specified  
               standards.  SB 393 was vetoed by Governor Brown who stated  
               the medical home concept, while not new, is still evolving  
               and required more work.  

             c)   AB 1542 (Jones) of 2009 would have defined a  
               patient-centered medical home to mean, in part, a health  
               care delivery model in which a patient establishes an  
               ongoing relationship with a physician or other licensed  
               health care provider, working in a physician-directed  
               practice team to provide comprehensive, accessible, and  
               continuous evidence-based primary care. AB 1542 died on the  
               Assembly Floor.

             d)   SB 1738 (Steinberg) of 2008 would have required DHCS to  
               establish a three-year pilot program to provide intensive  
               multidisciplinary services to 2,500 Medi-Cal beneficiaries  
               identified as frequent users of health care.  SB 1738 was  
               vetoed by Governor Schwarzenegger who cited the state's  
               fiscal challenges in his veto message.

           1)Drafting Concern  .  This bill's provisions do not take effect  
            without federal approval, but as drafted, the authority to  
            apply for federal funding comes from the bill itself.  The  
            author may want to consider an amendment to provide for the  
            necessary preliminary work to be done in order to submit one  
            or more SPAs, with implementation of a health home contingent  
            on the federal funding.

          Analysis Prepared by  :    Debra Roth / APPR. / (916) 319-2081