BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1124
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          Date of Hearing:  April 2, 2013

                            ASSEMBLY COMMITTEE ON HEALTH
                                 Richard Pan, Chair
               AB 1124 (Muratsuchi) - As Introduced:  February 22, 2013
           
          SUBJECT  :  Medi-Cal: Public Assistance Reporting Information  
          System.

           SUMMARY  :  Requires the Department of Health Care Services (DHCS)  
          to utilize the federal Public Assistance and Reporting  
          Information System (PARIS) to identify veterans and their  
          dependents or survivors who are enrolled in the Medi-Cal program  
          and assist them in obtaining federal veterans' health care  
          benefits statewide instead of as a two-year pilot program in  
          three counties.  Specifically,  this bill  :  

          1)Requires DHCS to exchange information with PARIS and identify  
            veterans and their dependents or survivors who are receiving  
            Medi-Cal benefits.

          2)Requires DHCS to refer identified Medi-Cal beneficiaries who  
            are receiving high-cost services, including long-term care  
            (LTC), to county veteran service officers (CVSOs) to obtain  
            information regarding, and assistance in obtaining, United  
            States Department of Veteran's Affairs (USDVA) benefits.

          3)Requires DHCS to enter into an agreement with the California  
            Department of Veterans Affairs (CDVA) to perform CVSO outreach  
            services in connection with the pilot program and requires the  
            agreement to contain performance standards that would allow  
            DHCS to measure the effectiveness of the pilot program.

          4)Requires DHCS to enter into any agreements that are required  
            by the federal government to utilize the PARIS system.

          5)Requires DHCS to perform any information technology activities  
            that are necessary to utilize the PARIS system.

          6)Authorizes DHCS to implement this bill by means of written  
            directives without taking further regulatory action and  
            provides for an expedited contracting process.

          7)Repeals provisions relating to a two-year, three county pilot  
            project including the requirement to monitor and evaluate for  








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            outcome and savings.  

          8)Includes a blank appropriation from the General Fund (GF) to  
            CDVA to provide funding for CVSOs to identify veterans and  
            their dependents or survivors who are enrolled in the Medi-Cal  
            program and to assist them in obtaining federal veteran health  
            care benefits. 

           EXISTING LAW  :  

          1)Establishes the federal Medicaid Program, Medi-Cal in  
            California, administered by DHCS, to provide comprehensive  
            health care services and LTC to pregnant women, children, and  
            people who are aged, blind, and disabled.

          2)Establishes, under federal law and regulation the PARIS data  
            matching system to match public assistance recipients in  
            participating states against various state and federal public  
            assistance database.

          3)Requires DHCS to implement by July 1, 2009 and to administer a  
            two-year, three-county pilot program to utilize the federal  
            PARIS to identify veterans and their dependents or survivors  
            who are enrolled in the Medi-Cal program and assist them in  
            obtaining federal veterans' health care benefits and  
            authorizes DHCS to implement the pilot project statewide if it  
            determines that the pilot is cost effective and continue  
            operation of PARIS indefinitely.

          4)Establishes CDVA to aid and assist California veterans and  
            their families and to administer the California Veterans  
            Homes. 

          5)Establishes, under federal law, the USDVA, and within it, the  
            Veterans Health Administration (VA), which is responsible for  
            VA medical centers and outpatient clinics.

           FISCAL EFFECT  :  This measure has not been analyzed by a fiscal  
          committee. 

           COMMENTS  :

           1)PURPOSE OF THIS BILL  .  According to the author the purpose of  
            this bill is to remove the pilot project nature of the  
            provisions in existing law and require DHCS to implement the  








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            program statewide.  The author relies on an analysis by the  
            Legislative Analyst's Office (LAO) in 2007 stating that  
            implementing PARIS could save the state millions of dollars  
            annually in GF costs by shifting eligible veterans enrolled in  
            Medi-Cal who might be eligible for the USDVA health care  
            system.  According to the LAO Report, 144,000 veterans and  
            dependents on Medi-Cal coverage could be eligible for  
            comprehensive medical care and health services through the  
            USDVA health care system.  The author argues that connecting  
            only 10% of these veterans will save the state $25 million  
            annually.  The author states that in 2008, AB 1183 (Committee  
            on Budget ), Chapter 758, Statutes of 2008, a budget trailer  
            bill, established a two year pilot project in several counties  
            to identify veterans enrolled in Medi-Cal who might be  
            eligible for USDVA health care benefits.  The report states  
            that DHCS was able to accurately identify veterans who were  
            Medi-Cal beneficiaries and achieved modest success in  
            redirecting beneficiaries to USDVA health benefits.  The  
            report found that this resulted in $1.63 million in total cost  
            avoidance and savings for the Medi-Cal program over the two  
            years of the pilot program.  DHCS incurred costs of $150,000,  
            for a net cost avoidance/savings of $1.48 million.  According  
            to the author, based on the success of the pilot, this bill  
            would take the program statewide.  In addition, this bill  
            would appropriate an unspecified sum from the GF to the CDVA  
            to provide funding for CVSOs to identify veterans and their  
            dependents or survivors who are enrolled in the Medi-Cal  
            program and to assist them in obtaining federal veteran health  
            care benefits.

           2)BACKGROUND  .  Under federal law, the Medicaid Program is  
            intended to be the payer of last resort, meaning that all  
            other available sources for a beneficiary's provision of care,  
            such as private insurance or other federal programs (such as  
            the VA), must be exhausted before Medi-Cal can provide  
            services.  Although county welfare workers are supposed to  
            screen for veterans when processing Medi-Cal applications, a  
            2005 survey performed by the US Census Bureau indicated that  
            approximately 144,000 veterans in California received Medi-Cal  
            benefits.  The LAO estimated the cost of such benefits totals  
            approximately $500 million ($250 million GF).  The LAO further  
            assumed that because approximately 90,000 of the 144,000  
            veterans served in World War II, the Korean War, and the  
            Vietnam War, they likely fall into the aged and disabled  
            category of beneficiaries.  The costs to treat the aged and  








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            disabled are generally higher than costs to treat other groups  
            of beneficiaries, such as children.  The LAO concluded that if  
            some portion of these veterans received medical services  
            through the VA, the state could potentially save many tens of  
            millions of dollars.

          Participation in the VA health care system provides veterans  
            with access to a wide range of coordinated health care  
            services.  Once enrolled in the VA healthcare system, veterans  
            may also have greater access to some medical benefits, such as  
            mental health counseling and treatment for alcohol and  
            substance abuse, than they would have under Medi-Cal.  For  
            example, the VA does not place a cap on the cost of dental  
            services or limit the number of days a patient can be  
            hospitalized for inpatient stays on a yearly basis.  Unlike  
            Medi-Cal, the VA system does not require that a beneficiary  
            pay down his or her assets until they become "medically needy"  
            before covering the costs of LTC.  The VA also has no  
            requirement for repayment of LTC services as in the Medi-Cal  
            Program.

           3)PARIS  .  PARIS is an information sharing system, operated by  
            the US Department of Health and Human Services, Administration  
            for Children and Families, which allows states and federal  
            agencies to verify public assistance client circumstances.   
            The PARIS system includes three different data matches.  The  
            PARIS-Veterans (PARIS-V) match allows states to compare their  
            beneficiary information with the USDVA.  The PARIS-Federal  
            match allows states to compare their beneficiary information  
            with the US Department of Defense and the US Office of  
            Personnel Management.  The PARIS-Interstate match allows  
            states to compare their beneficiary information with other  
            states.

           4)PILOT PROJECT  .  As authorized by AB 1183, DHCS conducted a  
            two-year PARIS pilot program to improve the identification of  
            Medi-Cal beneficiaries who are veterans (or their dependents  
            or survivors) receiving high-cost services, and assist them in  
            obtaining health benefits provided by the United States  
            Department of Veterans Affairs (USDVA).  The rationale for  
            conducting this pilot was two-fold: veterans may have access  
            to enhanced health benefits and greater asset protection by  
            using USDVA health benefits and the state may improve the  
            cost-effectiveness of the Medi-Cal program.  The pilot  
            project, in partnership with CDVA, began operations in July  








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            2009, and for purposes of the report to the Legislature,  
            concluded in June 2011.  Counties were selected for the pilot  
            based on those having USDVA medical centers.  The pilot  
            started with three counties - Fresno, San Bernardino, and San  
            Diego in the first year.  According to DHCS, in addition to  
            having a USDVA medical center, these three selected counties  
            had a track record of successfully performing veteran benefit  
            facilitation services as reported by CDVA.  Over the course of  
            the second year, the pilot efforts were expanded to seven  
            additional counties at their request to participate (Alameda,  
            Orange, Sacramento, San Mateo, San Francisco, Santa Clara, and  
            Solano).  

          DHCS sent CDVA referrals.  CVSOs contacted the veteran and  
            performed the outreach services and in some cases, assisted  
            them in applying for such benefits.  According to DHCS, during  
            the contacts made with individuals, CVSOs explained to  
            beneficiaries the benefits of switching from Medi-Cal to USDVA  
            health benefits, including offering specific services that may  
            best meet their needs as a veteran.  For example, USDVA  
            services could include specific therapies that focus on  
            physical and psychosocial injuries incurred during deployment.  
             CVSOs also ensured that the veteran understood Medi-Cal  
            estate recovery requirements.  During the pilot, approximately  
            16,000 positive data matches were found among the submitted  
            records.  Of the positive data matches, DHCS focused on those  
            beneficiaries who may have had high Medi-Cal expenditures  
            (based on several criteria including those with a service  
            connected disability), those who could have veteran benefits  
            restored, and survivors who appeared eligible for Civilian  
            Health and Medical Program of the USDVA.  Based on the overall  
            analysis of the pilot, DHCS was able to accurately identify  
            veterans who were Medi-Cal beneficiaries and achieved modest  
            success in redirecting utilization to USDVA health benefits.   
            According to the DHCS evaluation because CVSOs were provided  
            no funding for these contacts, and experienced staffing  
            shortages and workload pressures, only 24% of referrals were  
            acted on by CVSOs.  Although the pilot ended June 30, 2011,  
            DHCS continues conducting PARIS-V in the 10 counties.  

          DHCS was required to monitor the pilot program, evaluate the  
            outcomes and savings, and report to the Legislature on the  
            findings and recommendations.  DHCS has broad authority to  
            implement the program statewide at any time and continue  
            operation of PARIS indefinitely if it determines that the  








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            pilot program is cost effective.  

          DHCS concluded that given the limited contact that resulted in  
            $1.634 million in GF savings and cost avoidance, it is  
            reasonable to assume that PARIS-V effectiveness has not been  
            fully realized, and increased communication and outreach with  
            veterans, their family members and surviving dependents, would  
            result in increased success in utilization of USDVA health  
            benefits.  According to the DHCS report, going forward, the  
            state can continue its current path in redirecting limited  
            resources to maintain the level of effort put forth in the  
            pilot.  The state can also consider directing more resources  
            for the pilot, or consider additional or alternative measures  
            to increase utilization of USDVA benefits.  By implementing  
            one or more of the following recommendations, DHCS could  
            achieve additional Medicaid cost reductions:

             a)   Direct more dedicated resources to DHCS, CDVA, and CVSOs  
               to act upon referrals;

             b)   Initiate direct contact between DHCS and beneficiaries  
               by increasing awareness through efforts such as posting  
               information on its web site to educate veterans or  
               contacting veterans directly; and,

             c)   Assist CVSOs to educate veteran Medi-Cal beneficiaries  
               of the advantage of USDVA health benefits over Medi-Cal. 

           5)OTHER STATES  .  DHCS reviewed best practices from other states.  
             According to DHCS other states have more aggressively  
            maximized the PARIS-V data match and have shown substantial  
            cost avoidance/savings results.  For example Pennsylvania has  
            participated in PARIS-V since its inception.  Pennsylvania  
            estimated annualized cost avoidance/savings of approximately  
            $27.8 million from a period covering nine PARIS-V quarters.   
            In Washington State, the Washington Department of Social and  
            Health Services (WDSHS) paid the Washington Department of  
            Veterans Affairs (WDVA) a yearly sum of $225,000 through an  
            interagency contract with performance-based metrics.  WDVA  
            received 10% of the actual savings verified by WDSHS.  Because  
            of this success, the performance contract was no longer needed  
            as the Washington State Legislature appropriated $1 million  
            and four staff to WDVA to work exclusively on PARIS-V.

           6)SUPPORT  .  The National Association of Social Workers,  








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            California Chapter, writes they support expanding the pilot  
            statewide and providing funding to CVSOs because it will help  
            veterans obtain the benefits they have earned. 

           7)PREVIOUS LEGISLATION  .  

             a)   AB 1223 (Committee on Veterans Affairs) of 2011 would  
               have required the DHCS to utilize the federal PARIS to  
               identify veterans and their dependents or survivors who are  
               enrolled in the Medi-Cal program and assist them in  
               obtaining federal veterans' health care benefits statewide  
               instead of as a two-year pilot program in three counties.   
               Governor Brown vetoed AB 1223 stating that while he  
               supported efforts to inform veterans about the health care  
               options that best meet their needs, current law already  
               requires screening of Medi-Cal beneficiaries for veteran  
               status and allows for expansion of the PARIS data match  
               project beyond the current pilot counties.  Rather than  
               requiring the PARIS pilot project to be implemented  
               statewide, more effort should go into understanding which  
               health care benefits work best for veterans, and how that  
               outreach can be most effective before expending additional  
               resources statewide. 

             b)   AB 1568 (Committee on Veterans Affairs) of 2009 would  
               have made PARIS pilot project a permanent, statewide  
               program.  AB 1568 was amended into a different subject  
               matter.

             c)   AB 3082 (Committee on Veterans Affairs) of 2008 would  
               have required any state or public assistance agency using  
               PARIS to identify veterans enrolled in the Medi-Cal Program  
               for the purpose of assisting them in obtaining federal  
               health care benefits. Required CDVA to develop a plan for  
               handling data-match information given to a CVSO.  AB 3082  
               died on the Senate Appropriations Suspense File.

             d)   AB 1183 required DHCS to establish a two-year pilot  
               program for the use of PARIS by July 1, 2009, and to report  
               to the Legislature the effectiveness of the program and  
               included authority for DHCS to make PARIS a permanent  
               program if the program was deemed effective. 

           8)DOUBLE REFERRAL  .  This bill has been double-referred.  Should  
            this bill pass out of this committee, it will be referred to  








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            the Assembly Veterans Affairs Committee.

           REGISTERED SUPPORT / OPPOSITION  :  

           Support 
           
          National Association of Social Workers, California Chapter

           Opposition 
           
          None on file.

           Analysis Prepared by  :    Marjorie Swartz / HEALTH / (916)  
          319-2097