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  
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            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  




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            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.





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          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  




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            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  




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            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  




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            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. 




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            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




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