BILL ANALYSIS Ó SENATE COMMITTEE ON HEALTH Senator Ed Hernandez, O.D., Chair BILL NO: AB 468 AUTHOR: Chávez AMENDED: June 16, 2014 HEARING DATE: June 25, 2014 CONSULTANT: Bain SUBJECT : Medi-Cal: delivery system reform incentive pool payments SUMMARY : Makes non-designated public hospitals (NDPHs are known as "district hospitals") eligible to receive federal delivery system reform incentive pool (DSRIP) funding, subject to specified conditions (DSRIP is a capped pool of federal funds available under the state's "Bridge to Reform" Medicaid waiver). Requires each NDPH, or governmental entity with which it is affiliated, that operates non-hospital clinics or provides physician, non-physician practitioner, or other health care services to report and certify all of the uncompensated Medi-Cal and uninsured costs of the services furnished that are not identified as hospital services under the previous or current waiver. Requires the Department of Health Care Services to seek Medicaid federal financial participation for all expenditures reported by the NDPHs and recognized under the state's current Medicaid waiver. Existing law: 1.Establishes the Medi-Cal program, administered by the Department of Health Care Services (DHCS), under which qualified low-income individuals receive health care services. Requires inpatient hospital services to be a covered benefit under the Medi-Cal program. 2.Requires DHCS to develop and implement a payment methodology based on diagnosis-related groups, subject to federal approval, that reflects the costs and staffing levels associated with quality of care for patients in all general acute care hospitals in state and out of state, including Medicare critical access hospitals, but excluding designated public hospitals (DPHs), psychiatric hospitals, and rehabilitation hospitals, which include alcohol and drug rehabilitation hospitals. 3.Makes the amount of DSRIP funding, consisting of both the Continued--- AB 468 | Page 2 federal and non-federal share of payments that is made available to each DPH in the aggregate for the term of the current waiver to be based initially on the delivery system reform proposals that are submitted by DPHs to DHCS for review and submission to the Center for Medicare and Medicaid Services (CMS) for final approval. Conditions the receipt of funds on the DPH's progress toward, and achievement of, the specified milestones and other metrics established in its approved DSRIP proposal. This bill: DSRIP Funding for NDPHs 1.Makes NDPHs eligible to receive DSRIP payments, to the extent additional federal funding is made available for this purpose under the DSRIP pool in the current waiver, and if the NDPH comply with the DSRIP funding requirements in this bill. 2.Prohibits the amount of DSRIP funds that may be received from exceeding the additional federal funding made available for DSRIP payments to NDPHs. Prohibits reducing the amount of DSRIP funding that would otherwise be made available to DPHs, including the amounts that DPHs would be eligible to receive under their DSRIP plans approved as of January 1, 2012. 3.Permits DHCS to authorize unused funding to be made available to NDPHs if the DPHs are unable to claim the full amount of federal funding made available to the DPHs under existing law and the Special Terms and Conditions (STCs) of the state's five year Section 1115 Medi-Cal Demonstration/Pilot Project Waiver, entitled "A Bridge to Reform," and the unused amount of federal funding made available to DPHs cannot be used in later years under the current waiver. 4.Requires, beginning in the 2014-15 fiscal year, if federal approval is obtained for an amendment to the current waiver, NDPHs to receive payments from DSRIP funding, consisting of both the federal and non-federal share of payments, that is made available to each NDPH in the aggregate for the term of the current waiver. Requires payment to be based initially on the DSRIP reform proposals that are submitted by the NDPHs to DHCS for review and submission to CMS for final approval. Requires the initial percentages of DSRIP funding among NDPH for each year of the current waiver to be determined based on the annual components as contained in the approved proposals. 5.Requires the actual receipt of funds to be conditioned on the AB 468 | Page 3 NDPH's progress toward, and achievement of, the specified milestones and other metrics established in its approved DSRIP proposal. Permits a NDPH to carry forward available DSRIP pool funding associated with milestones and metrics from one year to a subsequent period as authorized by the STCs and the final DSRIP pool protocol. 6.Permits DHCS to reallocate the DSRIP funding available pursuant to conditions specified, and as authorized by, the STCs and the final DSRIP pool protocol. 7.Requires each NDPH to be individually responsible for progress toward, and achievement of, milestones and other metrics in its proposal, as well as other applicable requirements specified in the STCs and the final DSRIP protocol, in order to receive its specified allocation of DSRIP funding. 8.Requires the NDPH to submit semi-annual reports and requests for payment to DHCS by March 31 and September 30 following the end of the second and fourth quarters of the current waiver, or comply with any other process as approved by CMS. 9.Requires the NDPH or its affiliated governmental entity, within 14 days after the semi-annual report due date, to make an intergovernmental transfer (IGT) of funds equal to the non-federal share that is necessary to claim the federal funding for the pool payment related to the achievement or progress metric that is certified. Requires the IGT to be deposited into the Public Hospital Investment, Improvement, and Incentive Fund established in existing law. 10.Requires DHCS to claim the federal funding and pay both the non-federal and federal shares of the incentive payment to the NDPH or other affiliated governmental provider, as applicable. 11.Requires, if the IGT is made within the appropriate 14-day time frame, the incentive payment to be disbursed within seven days with the expedited payment process as approved by CMS. Requires the payment to be disbursed within 20 days of when the transfer is made otherwise. 12.Requires the NDPH or other affiliated governmental provider to be responsible for any fee or cost required to implement the expedited payment process in accordance with a specified provision of the State Administrative Manual. AB 468 | Page 4 13.Requires DHCS to submit for federal approval an amendment to the current waiver to implement the DSRIP provisions of this bill. 14.Requires, in the event of a conflict between any provision of a provision of this bill and the STCs for the current waiver and the final DSRIP protocol, the STCs and the final DSRIP protocol to control. Certified Public Expenditures (CPEs) for NDPHs 15.Requires each NDPH, or governmental entity with which it is affiliated, that operates non-hospital clinics or provides physician, non-physician practitioner, or other health care services that are not identified as hospital services under the STCs for the previous and current waiver, to report and certify all of the uncompensated Medi-Cal and uninsured costs of the services furnished. Permits the amount of these uncompensated costs to be claimed by DHCS. Requires the amount to be determined by DHCS in consultation with the governmental entity so as to optimize the level of claimable federal Medicaid reimbursement. 16.Requires NDPHs, beginning in the 2012-13 fiscal year, within five months after the end of a current waiver year, to submit to DHCS all of the following reports: a. The hospital's Medicare cost report for the prior or current waiver year; and, b. Other cost reporting and statistical data necessary for the determination of amounts due the hospital under the prior or current waiver, as requested by DHCS. 17.Requires, for each year of the previous or current waiver, the reports to identify all of the following: a. To the extent applicable, the costs incurred in providing inpatient hospital services to Medi-Cal beneficiaries on a fee-for-service basis and physician and non-physician practitioner services costs; and, b. The costs incurred in providing hospital services to uninsured individuals. 18.Requires reports submitted to include all allowable costs. 19.Requires the appropriate public official to certify to all of AB 468 | Page 5 the following: a. The accuracy of the reports required; b. That the expenditures, to meet the reported costs comply with a specified provision of federal regulation; and, c. That the sources of funds used to make certified public expenditures (CPEs) do not include impermissible provider taxes or donations as defined under federal law, or other federal funds. For this purpose, federal funds do not include DSRIP payments or patient care revenue received as payment for services rendered under programs such as non-designated state health programs, the Low Income Health Program, Medicare, or Medicaid. 20.Requires the CPEs made to be based on a schedule established by DHCS in accordance with federal requirements. 21.Permits the DHCS director to require the NDPH to submit quarterly estimates of anticipated expenditures, if these estimates are necessary to obtain interim payments of federal Medicaid funds. Requires all reported expenditures to be subject to reconciliation to allowable costs, as determined in accordance with applicable implementing documents for the prior and current waiver. 22.Requires the DHCS director to seek Medicaid federal financial participation for all CPEs reported by the NDPHs and recognized under the current waiver. 23.Permits the time frames for data submission and reporting periods to be adjusted as necessary in accordance with federal requirements. 24.Contains an urgency clause, which would make this bill effective upon enactment. FISCAL EFFECT : The current form of this bill has not been heard by a fiscal committee. PRIOR VOTES : Not applicable for the current form of this bill. COMMENTS : 1.Author's statement. According to the author, this bill allows for expanded access to federal dollars for district hospitals AB 468 | Page 6 throughout California. This bill will allow district hospitals to apply for additional federal grants for programs related to the delivery system in their hospital. Pending approval from CMS if enacted, this bill will allow public district/municipal hospitals to participate in the final year of the 2010 1115 Waiver DSRIP for 2014-15. Some DSRIP projects could include expanding primary and specialty care, implementing or expanding telemedicine services, improving emergency services, or other critical programs. 2.Background on NDPH and Medi-Cal reimbursement. NDPHs are hospitals owned by hospital districts or municipal entities. There are 46 NDPHs in California. Last year, AB 498 (Chavez), Chapter 672, Statutes of 2013, allowed DHCS to seek any necessary federal approvals or waivers to make payments to NDPHs from the federally funded Safety Net Care Pool (SNCP) under the state's Medicaid "Bridge to Reform" waiver for uncompensated care for the 2013-14 and 2014-15 fiscal years if federal approval is not obtained to implement the payment methodology established in the 2012 health budget trailer bill. Under AB 498, the state would receive one-half of the funds for Medi-Cal related expenditures if funds for uncompensated care are received by the state for this purpose. AB 498 was enacted after a broader proposal in the 2012 health budget trailer bill (AB 1467, [Budget Committee], Chapter 23, Statutes of 2012) for funding of NDPHs was not implemented due to concerns from CMS. Part of that broader proposal would have allowed NDPH to receive DSRIP funds, but it was subsequently repealed by AB 498. AB 498 enabled one provision of AB 1467 to go forward (allowing NDPH to receive funds from the SNCP) but repealed provisions shifting NDPHs to CPEs and without allowing these hospitals to access the DSRIP. This bill will, in effect, re-enact the two provisions of AB 1647 that were repealed by enabling NDPH to draw down federal Medicaid matching funds for the uninsured (using CPEs) for whom they do not currently received Medicaid reimbursement and allowing NDPH to receive funds from DSRIP. The sponsor of this bill (the District Hospital Leadership Forum [DHLF]) estimates NDPH will be able to receive $60 million from DSRIP under this bill. 3.Delivery System Reform Incentive Pool (DSRIP). State implementing legislation for the 2010 Waiver requires DHCS, to AB 468 | Page 7 the extent authorized under the previous or current waiver that is approved by CMS, to establish a program of investment, improvement, and incentive payments for DPHs to encourage and incentivize delivery system transformation and innovation in preparation for the implementation of federal health care reform. To implement this provision, the continuously appropriated Public Hospital Investment, Improvement, and Incentive Fund was established, which contains any moneys that a county, other political subdivision of the state, or other governmental entity in the state voluntarily elects to transfer to DHCS for deposit into the fund. Moneys in that fund must be used as the source for the non-federal share of investment, improvement, and incentive payments to participating DPHs and the governmental entities with which they are affiliated, that provide the IGTs for deposit into the fund. DHCS is required to obtain federal financial participation (FFP) for moneys in the fund to the full extent permitted by law. Moneys disbursed from the fund, and all associated FFP are required to be distributed solely to the DPHs and the governmental entities with which they are affiliated. Under the federal STCs of the waiver, total funding for DSRIP cannot exceed total computable expenditures of $6.671 billion over five years. Under the waiver STCs, both DPH and NDPHs are eligible for DSRIP funding. Each public hospital system is responsible for providing the non-federal share of its DSRIP payments through an IGT. 4.Prior legislation. AB 1467 proposed to change the reimbursement methodology and fund source for reimbursement to NDPHs, as described above. AB 113 (Monning), Chapter 20, Statutes of 2011, established the NDPH IGT Program, administered by the DHCS, under which public entities voluntarily transfer funds to the state for the purpose of drawing down federal funds to make supplemental Medi-Cal payments to these NDPHs. AB 102 (Budget Committee), Chapter 29, Statutes of 2011, requires DHCS to implement a new inpatient payment methodology based on diagnosis-related groups (DRGs). SB 853 (Budget and Fiscal Review Committee), Chapter 717, Statutes of 2010, requires DHCS, subject to federal approval, to develop and implement a Medi-Cal payment methodology based on DRGs for private inpatient hospital services. AB 468 | Page 8 SB 208 (Steinberg), Chapter 714, Statutes of 2010, implemented provisions of the 2010 Section 1115 Medicaid waiver including establishing the DSRIP Fund consisting of IGTs from counties or other specified governmental entities, to be matched with federal funds and to be used for investment, improvement, and incentive payments for DPHs. 5.Support. This bill is sponsored by DHLF to allow NDPHs to create hospital-specific DSRIPs for 2014-15 that would allow these NDPHs to use IGTs to draw down federal funds to improve delivery systems which will benefit the communities served by these hospitals. DHLF states that, in recent discussions between DHCS and CMS, DHCS reports CMS' preference is that district/municipal hospitals, similar to county/UC hospitals, participate in delivery system reforms, which could result in incentive payments if particular milestones are met. As with the SNCP, this would not cost the state General Fund and would not divert funding away from DPHs. Some DSRIP projects could include expanding primary and specialty care, implementing or expanding telemedicine services; improving emergency services, or other critical programs. This bill allows for expanded access to federal dollars for NDPHs throughout California by allowing these hospitals to apply for additional federal grants for programs related to the delivery system in their hospital. SUPPORT AND OPPOSITION : Support: District Hospital Leadership Forum (sponsor) Oppose: None received -- END -