BILL ANALYSIS                                                                                                                                                                                                    Ó



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          SENATE THIRD READING
          SB 28 (Ed Hernandez and Steinberg)
          As Amended August 7, 2013
          Majority vote

           SENATE VOTE  :32-0 
           
           HEALTH              13-5        APPROPRIATIONS      12-5        
           
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          |Ayes:|Pan, Ammiano, Atkins,     |Ayes:|Gatto, Bocanegra,         |
          |     |Bonilla, Bonta, Chesbro,  |     |Bradford,                 |
          |     |Gomez,                    |     |Ian Calderon, Campos,     |
          |     |Roger Hernández,          |     |Eggman, Gomez, Hall,      |
          |     |Lowenthal, Mitchell,      |     |Holden, Pan, Quirk, Weber |
          |     |Nazarian, V. Manuel       |     |                          |
          |     |Pérez, Wieckowski         |     |                          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Maienschein, Mansoor,     |Nays:|Harkey, Bigelow,          |
          |     |Nestande, Wagner, Wilk    |     |Donnelly, Linder, Wagner  |
          |     |                          |     |                          |
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           SUMMARY  :  Requires the Managed Risk Medical Insurance Board  
          (MRMIB) to provide the California Health Benefit Exchange  
          (Exchange), now known as Covered California, with the name,  
          contact information, and spoken language of Major Risk Medical  
          Insurance Program (MRMIP) subscribers and applicants in order to  
          assist Covered California in conducting outreach.  Requires  
          Covered California to use the information from MRMIB to provide  
          a notice to these individuals informing them of their potential  
          eligibility for coverage through Covered California or Medi-Cal.  
           Requires the Department of Health Care Services (DHCS) to  
          designate Covered California and county human services  
          departments as qualified entities for determining eligibility  
          for accelerated enrollment (AE) under Medi-Cal for children. 

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee:

          1)Potential cost pressure in the hundreds of thousands of  
            dollars on Medi-Cal county administrative costs for training  
            approximately 15,000 county eligibility workers on AE.  In  
            practical terms, this would likely not have a significant  








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            budgetary impact, as administrative funding is currently  
            provided as a lump sum to counties as part of the annual  
            Medi-Cal budget and this bill's requirements are not likely to  
            increase the sum provided.  Additionally, workers will be  
            retrained and the administrative funding methodology will  
            likely be reassessed over the next two years in light of  
            considerable simplification and changes in eligibility  
            processing for Medi-Cal. 

          2)Potential minor Medi-Cal benefits costs associated with some  
            children gaining coverage through AE sooner than would  
            otherwise be the case.  AE allows children to receive program  
            benefits pending final determination of their eligibility.   
            Costs are not expected to be significant, as most eligibility  
            determinations are expected to be completed in real-time.  In  
            addition, Medi-Cal already grants retroactive coverage,  
            meaning the program pays claims incurred for 90 days prior to  
            granting of eligibility.  The only potential benefit costs  
            would be associated with children who were granted AE then  
            lost to follow-up.  For example, if a parent did not bring in  
            needed documentation to establish residency, the state would  
            incur costs for AE on behalf of that child that would  
            otherwise not have been occurred, and the child would not have  
            their application completed.  This would likely occur only in  
            a very small minority of cases.  

           COMMENTS  :  This bill makes two separate changes to prepare for  
          implementation of the federal Patient Protection and Affordable  
          Care Act (ACA) in 2014.  The first change would update the  
          state's AE in Medi-Cal to conform to the new eligibility and  
          enrollment systems being established.  Specifically, this bill  
          would broaden the entities authorized to grant AE to include  
          counties and Covered California so that children applying  
          through either entity can receive AE.  In addition, continuing  
          AE will ensure the state will meet the federal ACA maintenance  
          of effort (MOE) requirement for children's coverage that  
          prevents states (until September 30, 2019) from having  
          eligibility standards, methodologies, or procedures that are  
          more restrictive than the eligibility standards, methodologies,  
          or procedures, in effect on the date of its enactment.

          The second change made by this bill would direct MRMIB to  
          transfer information about individuals enrolled in the MRMIP to  
          Covered California so that Covered California can conduct  








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          outreach to these individuals.  Under federal privacy  
          regulations, a state law is needed to require MRMIB to transfer  
          this information.  There are approximately 6,400 individuals  
          enrolled in MRMIP.  The Governor's 2013-14 Budget Summary  
          proposed to phase out MRMIB, but the Legislature declined to  
          adopt this proposal.  Regardless of whether MRMIP remains  
          operational, some subscribers could receive better coverage and  
          potentially pay lower premiums in Covered California.  With the  
          exception of calendar years 2013 and 2014, individuals in MRMIP  
          pay premiums that are 25% above the rate for a comparable  
          product in the private market.  (AB 1526 (Monning), Chapter 855,  
          Statutes of 2012, authorizes MRMIB to lower premiums to 100% and  
          MRMIB has exercised this option for 2013 and 2014.)  Despite the  
          high cost, MRMIP products all have a low annual and lifetime  
          limit.  In addition, depending on income, many MRMIP enrollees  
          will likely be able to obtain more affordable coverage with  
          better benefits in Covered California (where premium and  
          cost-sharing subsidies are available).  This bill would require  
          Covered California to use the information from MRMIB to provide  
          a notice informing the individual that he or she may be eligible  
          for reduced-cost coverage through Covered California, or no-cost  
          coverage through Medi-Cal. 

          AB 1494 (Budget Committee), Chapter 28, Statutes of 2012, enacts  
          a transition of the approximately 860,000 Healthy Families  
          program (HFP) subscribers into the Medi-Cal program to begin no  
          sooner than January 1, 2013, in four Phases throughout 2013.   
          Children in HFP, previously administered by MRMIB will  
          transition into Medi-Cal's new optional Targeted Low Income  
          Children's Program covering children whose family income is up  
          to and including 250% of the federal poverty level (FPL).  As of  
          January 1, 2013, all newly eligible children are being enrolled  
          in Medi-Cal.  Although there are no longer two separate  
          programs, DHCS retained the single point of entry (SPE) as  
          required by the MOE and assumed the contract from MRMIB with the  
          vendor (MAXIMUS).  Applications are received through the mail  
          and on-line (via Health-e-App).  The vendor checks for current  
          or prior Medi-Cal and public program enrollment, reviews the  
          application to see if it is complete, screens the application  
          for AE, and forwards the application to the counties for a full  
          Medi-Cal eligibility determination.  The purpose of AE is to  
          accelerate temporary, fee-for-service, and full-scope Medi-Cal  
          coverage for children under the age of 19 who are new to  
          Medi-Cal, who applied for Medi-Cal through the SPE and are  








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          likely eligible for Medi-Cal based on screening by the SPE.  AE  
          is temporary coverage while the county human services department  
          makes a final determination of Medi-Cal eligibility.  Coverage  
          under AE begins the first day of the month of the date the SPE  
          receives the application.  Once the county makes an eligibility  
          determination, the county sends a notice of action either  
          approving or denying the application.  However if the  
          application comes in directly to the county human services  
          department without going through the SPE, the child is not  
          eligible for AE.  

          Beginning in 2014, the ACA give states the option to expand  
          Medicaid eligibility to a new "adult group".  It also collapses  
          and simplifies most existing eligibility categories into three  
          broad groups:  parents, pregnant women, and children under age  
          19.  The "adult group" includes all non-pregnant individuals  
          ages 19 to 65 with household incomes at or below 133% FPL. (The  
          law includes a five percentage point of FPL disregard making the  
          effective limit 138% FPL).  The income calculation for all these  
          categories is based on Modified Adjusted Gross Income (MAGI), as  
          defined in the Internal Revenue Code.  Regarding the private  
          health insurance market, the ACA primarily restructures the  
          individual and small group markets, setting minimum standards  
          for health coverage, providing financial assistance to  
          individuals with income below 400% of FPL through advanceable  
          premium tax credits, tax credits for small employers, the  
          establishment Exchanges and an essential health benefits package  
          required to be offered by qualified health plans (QHPs).   
          Beginning in 2014, QHPs will be required to offer coverage at  
          one of four levels:  bronze, silver, gold, or platinum. 

          Under the federal Health Insurance Portability and  
          Accountability Act of 1996 (HIPAA) privacy regulations, a HIPAA  
          covered entity is prohibited from using or disclosing protected  
          health information without valid authorization, with specified  
          exceptions.  One exception to this HIPAA prohibition against the  
          disclosure of protected health information is if a HIPAA covered  
          entity is required to use or disclose protected health  
          information by law, and the use or disclosure complies with and  
          is limited to the relevant requirements of such law.  This bill  
          would place such a requirement on MRMIB to transfer information  
          about MRMIP subscribers and applicants to Covered California for  
          purposes of having Covered California conduct outreach to these  
          individuals. 








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          California Children's Health Coverage Coalition - comprised of  
          the 100% Campaign (a collaborative effort of The Children's  
          Partnership, Children Now, and Children's Defense  
          Fund-California), California Coverage and Health Initiatives,  
          PICO California, and United Ways of California support this bill  
          to update the state's AE program for children applying for  
          coverage to conform to the new eligibility and enrollment  
          systems being established to implement federal health care  
          reform.  Supporters argue this bill preserves a critical access  
          point for children entering Medi-Cal by broadening the entities  
          authorized to grant AE and by requiring the state to make  
          necessary changes in order to offer more affordable coverage  
          through Covered California.  The American Academy of Pediatrics  
          also supports this bill because it preserves a critical access  
          point for children entering Medi-Cal by broadening the entities  
          authorized to grant AE.  The American Cancer Society Cancer  
          Action Network (ACS CAN) writes in support that under the ACA  
          health insurers and plans can no longer deny individuals  
          coverage because of preexisting conditions.  This support  
          further states Covered California will provide protections  
          similar to the existing MRMIP, except that the new program has  
          no annual cap on benefits and lower subscriber premium, making  
          the new program more attractive in general.  ACS CAN further  
          states in support that MRMIP has served a vital role in the  
          safety net for Californians with preexisting conditions,  
          including cancer.  Covered California will allow these  
          individuals to join a larger pool of Californians by applying  
          for health insurance without fear of denial. 

           Analysis Prepared by  :    Marjorie Swartz / HEALTH / (916)  
          319-2097               FN: 0002137