BILL ANALYSIS Ó AB 1124 Page 1 ASSEMBLY THIRD READING AB 1124 (Muratsuchi) As Amended May 24, 2013 Majority vote HEALTH 18-0 VETERANS AFFAIRS 10-0 ----------------------------------------------------------------- |Ayes:|Pan, Logue, Ammiano, |Ayes:|Muratsuchi, Chávez, | | |Atkins, Bonilla, Bonta, | |Atkins, Brown, Eggman, | | |Chesbro, Gomez, Roger | |Fox, Grove, Melendez, | | |Hernández, Gordon, | |Salas, Yamada | | |Maienschein, Mansoor, | | | | |Nazarian, Nestande, V. | | | | |Manuel Pérez, Wagner, | | | | |Wieckowski, Wilk | | | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- APPROPRIATIONS 17-0 ----------------------------------------------------------------- |Ayes:|Gatto, Harkey, Bigelow, | | | | |Bocanegra, Bradford, Ian | | | | |Calderon, Campos, | | | | |Donnelly, Eggman, Gomez, | | | | |Hall, Ammiano, Linder, | | | | |Pan, Quirk, Wagner, Weber | | | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- 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 and repeals provisions relating to a two-year, three county pilot project including the requirement to monitor and evaluate for outcome and savings. EXISTING LAW : 1)Requires DHCS to exchange information with PARIS and identify AB 1124 Page 2 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 Veterans Affairs (VA) benefits. 3)Requires DHCS to enter into an agreement with the California Department of Veterans Affairs (CDVA) to perform CVSO outreach services requires the agreement to contain performance standards that would allow DHCS to measure the effectiveness of the program. 4)Requires DHCS to enter into any agreements that are required by the federal government to utilize the PARIS system and to perform any information technology activities that are necessary to utilize the PARIS system. 5)Authorizes DHCS to implement this bill by means of written directives without taking further regulatory action and provides for an expedited contracting process. 6)Requires DHCS monitor the two-year pilot program, evaluate the outcomes and savings, provide the fiscal committees of the Legislature with a report on findings and recommendations. Provides, if DHCS determines the pilot program is cost-effective, it may implement the program statewide at any time and continue operation of PARIS indefinitely. FISCAL EFFECT : According to the Assembly Appropriations Committee, approximately $150,000 in state General Fund (GF) costs to administer the program, offset by unknown but likely significant cost savings and avoidance as veterans are identified and health costs are shifted away from Medi-Cal to the federal veterans' health care system. COMMENTS : 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 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 AB 1124 Page 3 eligible veterans enrolled in Medi-Cal who might be eligible for the VA health care system. According to the LAO Report, 144,000 veterans and dependents with Medi-Cal coverage could be eligible for comprehensive medical care and health services through the VA 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 (Budget Committee), 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 VA health care benefits. According to the author, based on the success of the pilot, this bill would take the program statewide. 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 United States (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 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 AB 1124 Page 4 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. 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 VA. 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. 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 VA. The pilot project, in partnership with CDVA, began operations in July 2009, and for purposes of the report to the Legislature, concluded in June 2011. Counties were selected for the pilot based on those having VA 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 VA 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 VA health benefits, including offering specific services that may best meet their needs as a veteran. For example, VA 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. AB 1124 Page 5 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 the Civilian Health and Medical Program of the VA. 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 VA 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 has broad authority to implement the program statewide at any time and continue operation of PARIS indefinitely if it determines that the 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 VA 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 National Association of Social Workers, 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. Analysis Prepared by : Marjorie Swartz / HEALTH / (916) 319-2097 FN: 0000991 AB 1124 Page 6