BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1124
                                                                  Page  1

          Date of Hearing:   April 16, 2013

                       ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
                                Al Muratsuchi, 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  








                                                                  AB 1124
                                                                  Page  2

            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  :   Unknown at this time.

           COMMENTS  :   

          1)An analysis by the Legislative Analyst's Office (LAO) in 2007  
            that stated that implementing PARIS could save the state  
            millions of dollars annually in General Fund costs by shifting  
            eligible veterans enrolled in Medi-Cal who might be eligible  








                                                                  AB 1124
                                                                  Page  3

            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.  

          2)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 indicates 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 General Fund).  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 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.

          3)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.

          4)As part of the regular Medi-Cal eligibility screening process,  
            workers in county welfare offices are required to ask  
            applicants whether they have served in the armed forces and  
            have veteran's status.  If a county eligibility worker  








                                                                  AB 1124
                                                                  Page  4

            determines that an applicant is a veteran, the eligibility  
            worker has the applicant fill out a form, which is then  
            forwarded to a County Veteran Service Officer (CVSO) where a  
            case worker will contact the VA to determine the benefits to  
            which the applicant is entitled. The referral process is  
            intended to ensure that all possible outside sources of income  
            are obtained and available to help reduce costs to the  
            Medi-Cal Program.  Medi-Cal currently reimburses the CVSOs  
            approximately $800,000 annually for these activities.  

          5)In May 2008, in response to the LAO recommendation, DHCS  
            proposed a two-year pilot program to use PARIS match results  
            to identify veteran Medi-Cal beneficiaries receiving high-cost  
            services in three pilot counties and refer them to the CVSOs.   
            DHCS proposed to use criteria to identify Medi-Cal  
            beneficiaries who are receiving high-cost disability or LTC  
            services in excess of $2,000 per month or other appropriate  
            dollar threshold.  According to DHCS, veterans with a  
            service-connected disability may be eligible for full USDVA  
            coverage and could elect to receive USDVA care in lieu of  
            Medi-Cal.  DHCS determined that it would not be effective to  
            designate a high priority on referral of individuals that are  
            only eligible for increased USDVA income benefits.  DHCS  
            proposed instead, to focus the pilot program on enrolling  
            high-cost LTC or disabled Medi-Cal beneficiaries in the fully  
            federally funded USDVA system of healthcare.  DHCS proposed to  
            seek the highest yield from its investment in CVSO outreach  
            efforts through targeting of these high cost beneficiaries. 

          6)The PARIS-Veterans pilot project was implemented on July 1,  
            2009.   DHCS entered into a memorandum of understanding with  
            the CDVA to operate the PARIS-Veterans pilot program.  

          7)During the two-year reporting period for the pilot, DHCS  
            identified 16,387 veterans who were also enrolled in Medi-Cal.  
            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 the  
            Civilian Health and Medical Program of USDVA. This resulted in  
            3,933 referrals to CVSOs resulting in approximately 990  
            contacts, reaching 158 high-cost beneficiaries with both  
            Medi-Cal and USDVA health benefits coverage. Of the 158  
            beneficiaries, 117 came from San Bernardino, 24 from San  








                                                                  AB 1124
                                                                  Page  5

            Diego, 10 from Fresno, 5 from Sacramento, and 0 from the other  
            6 counties. Of the 158 individuals, 24 discontinued their  
            Medi-Cal coverage and chose to continue health coverage  
            through USDVA.

          8)Based on the overall analysis of the pilot, DHCS' report  
            states it was able to accurately identify veterans who were  
            Medi-Cal beneficiaries and achieved modest success in  
            redirecting utilization to USDVA health benefits. The report  
            states this redirection resulted in $1.634 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 $1.484 million.

          9)In its recommendations, DHCS states 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 Medi-Cal cost  
            reductions: 
              a)   Direct more dedicated resources to DHCS, CDVA, and CVSOs  
               to act upon referrals  . For the pilot, DHCS temporarily  
               redirected analytical staff to complete PARIS assignments  
               on an as-needed basis. Limitations on project management  
               were a constraint that did not allow for maximum success.  
               Follow-up on the 832 cases identified in the pilot as being  
               enrolled in Medi-Cal and also identified as a veteran would  
               likely identify additional individuals who may choose to  
               shift from Medi-Cal to USDVA benefits. Going forward,  
               dedicated staff resources for DHCS and CDVA to operate  
               PARIS statewide could be considered. DHCS' existing  
               workload does not permit redirection of staff to fully  
               support the functions necessary to operate PARIS to its  
               fullest potential with the same being true for CDVA. As the  
               lead agency for PARIS, DHCS indicates it could explore the  
               possibility of partnering with other assistance programs,  
               such as county General Relief. 
              b)   Initiate direct contact between DHCS and beneficiaries  .  
               DHCS could consider increasing its presence in the veteran  
               benefit enhancement efforts. For example, DHCS could post  
               information on its website to educate veterans enrolled in  
               Medi-Cal that they may qualify for USDVA health benefits.  
               The website would take the value proposition directly to  








                                                                  AB 1124
                                                                  Page  6

               veterans and explain that using USDVA health benefits may  
               give them more benefits, save them money, improve their  
               care, protect their family's assets, and free up state  
               Medi-Cal benefits for needy non-veterans. DHCS is already  
               developing efforts to add information to their website. In  
               another direct approach, DHCS could send letters to  
               veterans and surviving veteran dependents receiving  
               Medi-Cal explaining USDVA health benefits and how to  
               enroll. 
              c)   Assist CVSOs to educate veteran Medi-Cal beneficiaries  
               of the advantages of USDVA health benefits over Medi-Cal  .  
               This education could include providing additional  
               opportunities of conveying this information as part of  
               other contacts with local veterans as well as looking at  
               opportunities for CDVA and CVSOs to include information on  
               health care options as part of informational materials that  
               may be provided to veterans.

          10) DHCS also reviewed best practices from other states in its  
            report. One state of note was Pennsylvania, which participated  
            in PARIS since its inception. Pennsylvania estimated  
            annualized cost avoidance/savings of approximately $27.8  
            million from a period covering nine quarters. Pennsylvania  
            worked 40,769 cases, resulting in reducing 4,448 cases from  
            its Medicaid program.

           PREVIOUS LEGISLATION  .  

          1)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. 









                                                                  AB 1124
                                                                  Page  7

          2)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.

          3)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.

          4)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.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          American Legion, Department of California
          AMVETS- Department of California
          California Association of County Veterans Service Officers
          California State Commanders Veterans Council
          VFW- Department of California
          Vietnam Veterans of America- California State Council

           Opposition 
           
          None at this time.
           
          Analysis Prepared by  :    John Spangler / V. A. / (916) 319-3550