BILL ANALYSIS                                                                                                                                                                                                    Ó



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          SENATE THIRD READING
          SB 1 X1 (Ed Hernandez and Steinberg)
          As Amended June 14, 2013
          Majority vote

           SENATE VOTE  :  24-7
            
           HEALTH              13-5                                        
           
           -------------------------------- 
          |Ayes:|Pan, Ammiano, Atkins,     |
          |     |Bonilla, Bonta, Chesbro,  |
          |     |Gomez,                    |
          |     |Roger Hernández,          |
          |     |Lowenthal, Mitchell,      |
          |     |Nazarian, V. Manuel       |
          |     |Pérez, Wieckowski         |
          |     |                          |
          |-----+--------------------------|
          |Nays:|Maienschein, Mansoor,     |
          |     |Nestande, Wagner, Wilk    |
          |     |                          |
           -------------------------------- 
           SUMMARY  :  Enacts, along with AB 1 X1 (John A. Pérez), statutory  
          changes necessary to implement the Medicaid (Medi-Cal in  
          California) and the California Children's Health Insurance  
          (CHIP) coverage expansion, eligibility, simplified enrollment,  
          and retention provisions of the Patient Protection and  
          Affordable Care Act of 2010 as amended by the Health Care and  
          Education Reconciliation Act of 2010 (ACA).  Contains the  
          provisions of the ACA relating to benefits.  Makes the enactment  
          of this bill contingent upon enactment of AB 1 X1 (John A.  
          Pérez).  Specifically,  this bill  :  

          1)Requires the Department of Health Care Services (DHCS) to  
            provide assistance to any applicant or beneficiary who  
            requests help with an application or with the redetermination  
            process, and requires assistance to be available in person,  
            over the telephone, and online in a manner that is accessible  
            to individuals with disabilities or with limited English  
            proficiency.  

          2)Authorizes an individual applying for an insurance  
            affordability program to be accompanied, assisted, and  
            represented in the application and renewal process by  








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            individuals or organizations of his or her choice.  Authorizes  
            specified persons to apply or renew on behalf of an individual  
            who is unable to apply or renew on their own behalf.   
            Authorizes a person who wishes to challenge an eligibility  
            decision to be represented by herself, himself, legal counsel,  
            or other specified spokespersons of his or her choice.  Makes  
            this section effective October 1, 2013.

          3)Establishes guidelines to protect individual privacy and the  
            integrity of the Medi-Cal program and other insurance  
            affordability programs by adopting requirements and safeguards  
            for authorized representatives (AR), effective October 1,  
            2013, including:  a) a requirement for a completed  
            authorization form specifying the scope of the authority, what  
            notices are to be sent to the AR, and that it is effective  
            until canceled or modified, or the AR is otherwise replaced;  
            b) a requirement that an AR can be canceled or modified at any  
            time for any reason by the program or the enrollee; c) a  
            definition of AR and other relevant terms; d) a requirement  
            that employees or contractors of providers so disclose this  
            relationship; and, e) authorization for an AR at state fair  
            hearings, even if one has not been designated under these  
            provisions. 

          4)Provides, commencing January 1, 2014, to the extent federal  
            financial participation (FFP) is available, an adolescent who  
            is in foster care in California on his or her 18th birthday is  
            to be deemed eligible without interruption and without  
            requiring a new application; requires DHCS to develop  
            procedures to identify and enroll individuals under age 26 who  
            meet the criteria as former foster care youth, including those  
            who lost coverage as result of attaining the age of 21 and  
            those who were in foster care in another state and to work  
            with counties to identify and conduct outreach to former  
            foster care adolescents who lost coverage as a result of  
            attaining the age of 21, requires a simplified redetermination  
            form and requires the return of the form only if information  
            known to DHCS is no longer accurate or is materially  
            incomplete; and, a renewal process that allows some former  
            foster youth covered under this section to remain on  
            fee-for-service Medi-Cal after a redetermination form is  
            returned as undeliverable and the county is otherwise unable  
            to establish contact, until contact is reestablished. 

          5)Repeals, effective January 1, 2014, the requirement that  








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            adults file mandatory semiannual status reports regardless of  
            whether there have been any changes in income, family size, or  
            other factors that affect continued eligibility for the  
            Modified Adjusted Gross Income (MAGI)-based categories and  
            eliminates the requirement that a notice of action include the  
            requirement to file this status report.

          6)Requires DHCS to seek approval to allow beneficiaries to use  
            projected annual income and to allow applicants and  
            beneficiaries to use reasonable predictable annual income when  
            determining eligibility if current income would render the  
            beneficiary ineligible.  Requires a redetermination at the end  
            of the calendar year. 

          7)Requires DHCS to seek approval to use eligibility information  
            from the CalFresh program (formerly known as Food Stamps), to  
            automatically enroll parents into Medi-Cal if they have  
            children in Medi-Cal and are eligible based on an income level  
            that is at or below the maximum.  Allows expedited Medi-Cal  
            eligibility of parents with children enrolled in Medi-Cal and  
            authorizes the use of eligibility information from other  
            specified state and county programs.

          8)Codifies and revises existing regulations that define  
            residency by repealing the requirement that a determination of  
            residency is not to be granted unless the evidence supports  
            intent to remain indefinitely and instead provides that  
            residency is established by an intent to reside, regardless of  
            a fixed address, or if the individual has entered the state  
            with a job commitment or is seeking employment, effective  
            January 1, 2014.  Establishes residency determinations for  
            individuals who are under 21 years of age, those without a  
            fixed address, and individuals, including those under age 21,  
            who are incapable of stating intent or who are living in an  
            institution.

          9)Revises, reenacts, and recasts provisions relating to proof of  
            state residency and requires state residency to be verified  
            electronically using information from specified state  
            databases such as the Franchise Tax Board or the Department of  
            Motor Vehicles, effective January 1, 2014.  Specifies  
            documentation that may be used to verify residence.

          10)Allows qualified hospitals to make presumptive eligibility  
            determinations, effective January 1, 2014. 








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          11)Repeals the provisions establishing eligibility for the  
            Section 1931(b) program that sets the maximum income at 100%  
            of the federal poverty level (FPL), authorizes additional  
            income disregards and deductions, and requires that Medi-Cal  
            eligibility for these families is based on establishing  
            "deprivation" of a child, as defined, effective January 1,  
            2014.

          12)Establishes a premium assistance program for legal immigrants  
            who would otherwise be eligible for Medi-Cal coverage under  
            the expansion for childless adults, but for the five-year  
            eligibility limitations and are eligible for advanced premium  
            tax credit, and provides for Medi-Cal eligibility until it is  
            implemented, effective January 1, 2014.

          13)Requires DHCS to obtain approval from the U.S. Secretary of  
            Health and Human Services (HHS) to establish a benchmark  
            benefit package that includes the same benefits, services, and  
            coverage that are provided to all other full-scope Medi-Cal  
            enrollees, limits coverage for long-term services and supports  
            to those individuals who meet asset limit requirements, to the  
            extent federal approval is obtained or unless otherwise  
            qualify under the medically frail exemption.

          14)Expands the Medi-Cal benefit package for existing and newly  
            eligible Medi-Cal beneficiaries to include mid-level mental  
            health services and substance use disorder services to conform  
            to the ACA definition of essential health benefits (EHBs)  
            (Kaiser Small Group, as designated in the individual market  
            and small groups in the Exchange), including group therapy,  
            psychology and specified substance abuse disorder services.   
            Limits certain behavioral health treatments to individuals who  
            qualify for services as developmentally disabled. 

          15)Makes legislative findings and declarations and states it is  
            the intent of the Legislature to ensure full implementation of  
            the ACA, including the Medi-Cal expansion for individuals with  
            incomes below 133% of the FPL, so that millions of uninsured  
            Californians can receive health care coverage.

          16)Provides that implementation of the expansion of Medi-Cal to  
            citizens and legal immigrants between the ages of 19 and 65,  
            who are not eligible for other programs, is contingent:  a) if  
            the federal medical assistance percentage (FMAP) payable to  








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            the state under the ACA for the optional expansion of Medi-Cal  
            benefits to adults is reduced below 90%, that reduction is to  
            be addressed in a timely manner through the annual state  
            budget or legislative process; and; b) if prior to January 1,  
            2018, the FMAP payable to the state under the ACA for the  
            optional expansion of Medi-Cal benefits to adults is reduced  
            to 70% or less, the implementation of the optional expansion  
            is to cease 12 months after the effective date of the federal  
            law or other action reducing the FMAP.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee:

          1)The Mandatory Expansion.  By simplifying the process for  
            determining eligibility for Medi-Cal and enrolling program  
            participants, this bill will increase enrollment in the  
            program.  The Legislative Analyst's Office (LAO) projects that  
            the total costs due to increased enrollment of people already  
            eligible for the program will be about $620 million in 2014-15  
            ($290 million General Fund (GF) at traditional cost sharing),  
            rising to about $1.1 billion in 2020-21 ($460 million GF).   
            Note that these costs will occur due to changes mandated by  
            federal law.

          2)The Optional Expansion.  By expanding Medi-Cal eligibility to  
            all childless adults under age 65 with household income below  
            138% of FPL, this bill substantially increases the eligible  
            population, increasing program costs.  Under the ACA, FFP will  
            be substantially higher than current practice, starting at  
            100% and declining to 90% by 2020 and thereafter. 

             a)   State Medi-Cal health care costs.  The LAO projects  
               that, under reasonable assumptions, about 1.8 million  
               additional people will be eligible for Medi-Cal under this  
               bill and that about 65% of eligible persons will enroll in  
               the program.  In 2014-15, total projected costs for medical  
               services under the optional expansion are projected to be  
               about $3.5 billion per year, entirely funded by the federal  
               government.  In 2020-21, the total costs for medical  
               services under the optional expansion are projected to be  
               $6 billion per year, including about $605 million per year  
               in GF costs (based on the ultimate 90% federal matching  
               rate for the optional expansion population).

             b)   State Medi-Cal administrative costs.  In addition to the  








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               direct costs to provide medical services to the expansion  
               population, there will be administrative costs to make  
               eligibility determinations and enroll beneficiaries in  
               Medi-Cal.  Due to the changes to eligibility and enrollment  
               processes under this bill, per capita administrative costs  
               associated with the expansion population may be lower than  
               current per capita administrative costs. Administrative  
               costs are subject to the standard 50% federal matching  
               rate.  By 2020-21, state GF administrative costs are likely  
               to be in the low tens of millions per year.

             c)   State savings in other health care programs and in  
               corrections.  The LAO also indicates that the state will  
               see substantial savings in other state health-subsidy  
               programs, such as the Genetically Handicapped Persons  
               Program, the Breast and Cervical Cancer Treatment Program,  
               and other programs.  As Medi-Cal eligibility increases,  
               some participants in these state programs will be eligible  
               for full scope health benefits from Medi-Cal and may no  
               longer need services from these specialized programs.   
               There is a good deal of uncertainty about the impact of the  
               Medi-Cal expansion on these programs, but the LAO indicates  
               that state savings could be in the low hundreds of millions  
               per year.  In addition, the state could experience GF  
               savings up to $60 million per year due to the shift of  
               certain outpatient medical costs for inmates to Medi-Cal  
               under the expansion.

             d)   County health care savings.  Under current law, county  
               governments are responsible for providing certain health  
               care services to medically indigent adults who do not  
               qualify for other public health care programs.  Under the  
               proposed expansion of Medi-Cal, a portion of that  
               population would transition from county responsibility to  
               the Medi-Cal program. While there is a great deal of  
               uncertainty regarding how many people would transition from  
               county-provided health care coverage to Medi-Cal and the  
               cost savings to the counties, the LAO indicates that the  
               counties are likely to realize cost savings in the range of  
               $800 million to $1.2 billion per year.  It is important to  
               note that under this bill, all county savings would be  
               retained by the counties and would not be shared with the  
               state.

          3)Policies that will impact enrollment and costs.  In addition  








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            to the general uncertainty in projecting future Medi-Cal  
            enrollment levels and health care costs, there are certain  
            policy issues addressed by this bill that are likely to have  
            impacts on enrollment levels or per capita costs.  The fiscal  
            impacts of these policy choices are not fully known at this  
            time.  Key policy choices made in this bill include:

             a)   The benefit package provided to the expansion  
               population.  Federal law provides some flexibility to the  
               state to design a benefit package for the expansion  
               population (although the benefit package must provide the  
               EHBs required under the ACA). 

             This bill requires DHCS to seek federal approval to provide  
               the same benefit package to the expansion population as is  
               provided under the current Medi-Cal population, as well as  
               providing coverage required under the EHB package.  In  
               addition, this bill requires the existing Medi-Cal  
               population to also receive the same EHB benchmark coverage.  
                In general, the existing Medi-Cal benefit package is  
               broader than the EHB benchmark plan the state has selected  
               (the Kaiser Small Group plan), particularly in coverage of  
               long-term services and supports.  However, the Kaiser plan  
               provides some additional benefits such as some acupuncture  
               services and more generous substance abuse benefits. 

             The fiscal projections above assume that the expansion  
               population receives the existing Medi-Cal benefit package.   
               There may be additional costs, for both the existing  
               Medi-Cal eligible population and the expansion population,  
               by requiring both populations to receive benefits  
               equivalent to the Kaiser benchmark plan. 

             b)   Self-attestation by applicants.  Federal law and  
               regulations allow states to accept self-attestation by  
               applicants of certain information, such as age, date of  
               birth, household income, and state residency (not  
               immigration status).  This bill requires DHCS to accept  
               self-attestation of this information.  By allowing  
               applicants to self-attest (rather than requiring them to  
               provide documentation) this provision simplifies the  
               application process and is likely to increase enrollment. 

             c)   Full scope pregnancy-related coverage.  Under current  
               state law, pregnant women with incomes up to 200% of FPL  








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               are eligible for Medi-Cal.  Some of these beneficiaries are  
               eligible for full-scope benefits during pregnancy, while  
               other beneficiaries are only entitled to pregnancy-related  
               benefits, depending on a variety of eligibility factors.   
               Draft federal regulations indicate that Medicaid programs  
               must provide full scope benefits to pregnant women, unless  
               the federal government specifically authorizes states to  
               limit such benefits.  This bill requires that all pregnant  
               women enrolled in Medi-Cal (up to 200% of FPL) are to be  
               provided with full scope benefits, unless approval is  
               granted by the federal government to provide lesser  
               benefits.  (The author indicates that the intent of this  
               bill is to require full-scope benefits to be provided to  
               all pregnant women enrolled in Medi-Cal.)

             d)   Elimination of the existing deprivation requirement.   
               Under current state law, the Medi-Cal program covers  
               children and caretaker relatives who are "deprived" of full  
               parental support (i.e., one parent is absent, deceased,  
               disabled, unemployed, or underemployed). Federal law allows  
               states to eliminate this requirement and this bill does so.  
                It is not clear whether eliminating this requirement would  
               actually increase the number of eligible individuals for  
               the program.

             e)   Projection of annual income.  Federal guidance to date  
               indicates that projected annual income (rather than an  
               applicant's current monthly income) can be used to  
               determine income eligibility.  This bill requires DHCS to  
               allow applicants to use projected annual income to  
               determine income eligibility.  The counties (who currently  
               perform eligibility determinations) have indicated that  
               they already allow some projection of income when making  
               eligibility determinations, so it is not clear whether this  
               would actually increase overall enrollment in Medi-Cal.

           COMMENTS  :  On January 24, 2013, Governor Brown issued a  
          proclamation to convene the Legislature in Extraordinary Session  
          to consider and act upon legislation necessary to implement the  
          ACA in:  a) the areas of California's private health insurance  
          market, rules and regulations governing the individual and small  
          group market; b) California's Medi-Cal program and changes  
          necessary to implement federal law; and, c) options that allow  
          low-cost health coverage through Covered California,  
          California's Exchange, to be provided to individuals who have  








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          income up to 200% of the FPL.  This bill, along with AB 1 X1  
          (John A. Pérez), address the second of the three areas  
          identified in the Governor's proclamation, that is to adopt the  
          provisions of the ACA related to changes in Medi-Cal.  

          Specifically, this bill adopts the state option of expanding  
          Medi-Cal coverage to non-disabled citizens and qualified  
          resident childless adults between the ages of 19 and 65 who are  
          not currently eligible for other full-scope Medi-Cal programs  
          and provides a full scope benefit package, as allowable under  
          federal law.  This category is limited to individuals with  
          income under 138% of the FPL and who meet other citizenship and  
          immigration status requirements.  This bill also enacts the ACA  
          requirement that the state Medicaid program extend coverage to  
          former foster youth until age 26, without regard to income or  
          assets.  The ACA establishes a new simplified income standard  
          for families, children, and the new expansion population based  
          on the MAGI-standard as defined under the Internal Revenue Code  
          (IRC).  It does not apply to seniors or person with  
          disabilities.  This bill includes provisions necessary to  
          convert to the new MAGI methodology and income standard.   
          Finally this bill includes a number of provisions that implement  
          the goal of the ACA, to reduce the number of uninsured by  
          streamlining and simplifying eligibility determinations and  
          increasing reliance on electronically available data. 

          Starting in calendar year 2014, the ACA replaces many of the  
          complex categorical groupings and limitations in the Medicaid  
          program and provides eligibility to all nondisabled,  
          non-pregnant individuals between the ages of 19 and 65 with  
          family income at or below 133% FPL, provided that the individual  
          meets certain non-financial eligibility criteria, such as  
          citizenship.  Also beginning in 2014, the ACA requires MAGI to  
          be used in determining eligibility for this new Medi-Cal  
          population, as well as for families, children, and caretaker  
          relatives and for subsidized coverage through Covered  
          California.  The MAGI is based on the federal IRC.  The ACA  
          generally adopts MAGI as a way to count household income and  
          eliminates the existing variety of income disregards and  
          deductions currently used by states.  In addition, there are no  
          resource or assets limits under MAGI.  Using MAGI methods,  
          household income will be the sum of the income of every  
                                                                                individual who is in the household, minus a standard income  
          disregard of five percentage points of the FPL for the  
          applicable household size.  The MAGI rule also aligns family  








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          size under Medicaid rules with the IRC's MAGI definition.  As a  
          result, there are a small number of situations in which the  
          transition from current rules to MAGI rules will result in  
          different household compositions than under the old rules.

          According to a model of California insurance markets known as  
          the California Simulation of Insurance Markets, 5.6 million  
          Californians, or 16% of the population under age 65, were  
          without health insurance in 2012.  A recent study estimates that  
          when California implements the Medi-Cal provisions, more than  
          1.4 million of these individuals will be newly eligible, of  
          which between 750,000 and 910,000 are expected to be enrolled at  
          any point in time by 2019.  This study, "Medi-Cal Expansion  
          under the Affordable Care Act: Significant Increase in Coverage  
          with Minimal Cost to the State," published by UC Berkeley Center  
          for Labor Research and Education and UCLA Center for Health  
          Policy Research in January 2013, also finds that about 2.5  
          million Californians are already eligible for Medi-Cal but not  
          enrolled, and between 240,000 and 510,000 of them are expected  
          to be enrolled at any point in time by 2019 as a result of  
          implementing the ACA.

          Effective January 1, 2014, states will use the MAGI-based  
          methodology for determining the income of an individual and the  
          individual's household, as applicable, for purposes of  
          eligibility for Medicaid or CHIP where a determination of income  
          is required.  Pursuant to the ACA, the federal Centers for  
          Medicare and Medicaid Services (CMS) issued regulations that  
          consolidated eligibility groups currently included in multiple  
          statutory provisions into three simplified groups and  
          established a new group for the low-income adult expansion  
          group.  The consolidated groups are:  1) Parents and Other  
          Caretaker Relatives; 2) Pregnant Women; and, 3) Children under  
          19.  According to CMS, to promote coordination and avoid gaps or  
          overlaps in coverage, the new methodology is aligned with the  
          one that will be used to determine eligibility for the premium  
          tax credits and cost sharing reductions available to certain  
          individuals purchasing coverage on the Exchanges starting in  
          2014.  Under the ACA, MAGI-based income methodologies will not  
          apply to determinations of Medicaid eligibility for elderly and  
          disabled populations.  As interpreted by CMS regulations, the  
          new MAGI-based methodology includes certain unique income  
          counting and household composition rules.  

          Currently, states' methodologies for determining Medicaid and  








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          CHIP income eligibility vary widely, primarily due to  
          differences in the application of income disregards.  To  
          determine eligibility, the state first determines an  
          individual's (or family's) gross income using a combination of  
          state and federal rules on household or family composition, and  
          then applies deductions, or disregards, which are income amounts  
          that are not considered countable, such as childcare expenses.   
          These income deductions or disregards can vary by state, type of  
          income, and by eligibility group.  The resulting net income is  
          then compared to an income eligibility threshold (referred to as  
          the net income standard), expressed as a percentage of the FPL  
          to determine whether the individual is income-eligible for  
          Medicaid or CHIP.  By converting to the MAGI rules and  
          collapsing most existing eligibility into three broad  
          categories, this methodology has an impact on how household  
          income is counted.  For example, a stepparent with no financial  
          obligation for a child is not counted in the household income  
          under existing rules, but may be under MAGI.  

          Effective January 1, 2014, the ACA envisions a streamlined,  
          simplified, and seamless enrollment system that employs minimal  
          use of paper documentation and relies on modern technology to  
          the greatest extent possible for all the state subsidy programs.  
           For example, CMS states in the Preamble to the March 23, 2012,  
          Rules and Regulations, as follows:  whether conducted by a  
          public or private entity, it is anticipated that eligibility  
          determinations using MAGI-based standards will be highly  
          automated, utilizing business rules developed by the State  
          Medicaid agency.  In the most simplified cases, which can be  
          determined without human intervention or discretion, we are  
          clarifying that automated systems can generate Medicaid  
          eligibility determinations, without suspending the case and  
          waiting for an eligibility worker to finalize the  
          determinations.  

          Except for certain specified information such as citizenship and  
          immigration status, the CMS Regulations allow states to accept  
          attestation of needed information.  CMS further states that this  
          applies to both financial and non-financial verification and  
          that if self-attestation is not accepted, states must access  
          available electronic databases prior to requiring additional  
          information or documentation in verifying all factors of  
          eligibility.  With regard to forms, the HHS Secretary is  
          required to develop a single streamlined application.  A state  
          may develop its own single, streamlined form, but it must be  








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          approved by the HHS Secretary and meet the HHS  
          Secretary-established standards.  The ACA also requires that an  
          individual determined to be ineligible for the Medicaid program  
          or the state's CHIP program is to be screened for eligibility  
          for enrollment in the Exchange, and if applicable, premium  
          assistance without being required to submit an additional or  
          separate application.  Supplemental forms may only be required  
          for individuals whose eligibility cannot be determined through  
          the application of the MAGI standard.  States are required to  
          establish procedures that enable individuals to enroll and renew  
          through an Internet Website and to consent to enrollment or  
          reenrollment through an electronic signature.  States are also  
          required to ensure that the Medicaid program, the CHIP program,  
          and the Exchange utilize a secure electronic interface  
          sufficient to allow for a determination of eligibility for  
          coverage or enrollment, as appropriate.  CMS has directed states  
          to analyze current verification procedures to determine the  
          policy and systems modifications that will be needed in order  
          for the state to achieve this streamlined verification process. 

          The California Healthcare Eligibility, Enrollment, and Retention  
          System (CalHEERS) is a procurement conducted jointly by the  
          Exchange, DHCS, and the Managed Risk Medical Insurance Board to  
          build the Information Technology system to support the consumer  
          application and enrollment process at the Exchange.  The portal  
          will offer eligibility determinations for both Medi-Cal and  
          federally subsidized Covered California coverage through the  
          Exchange.  It will allow enrollment through multiple access  
          points including mail, phone, and in-person applications.  It is  
          guided by a "no wrong door" policy that is intended to ensure  
          the maximum number of Californians obtain coverage appropriate  
          to their needs.  Eligibility and enrollment functions will be  
          released in September of 2013.  The CalHEERS business functions  
          include interfacing with the Medi-Cal eligibility data system.   
          It will also have the capacity to be a secure interface with  
          federal and state databases in order to obtain and verify  
          information necessary to determine eligibility.  

          The ACA goal of reducing the number of uninsured by creating  
          continuum of a coverage options for individuals with family  
          incomes up to 400% FPL and the increased reliance on  
          electronically available data has implications for how states  
          process renewals and redeterminations.  For instance, unless the  
          individual provides information regarding a change in  
          circumstances, renewal for individuals whose eligibility is  








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          based on MAGI can be no more frequently than once every 12  
          months.  Since the individual is obligated to report changes in  
          circumstances, this requires the elimination of semiannual  
          reporting for adults in California.  The state agency must have  
          procedures in place to ensure that beneficiaries make timely and  
          accurate reports of any change in circumstances and that enable  
          beneficiaries to report these changes online, by phone, in  
          person, or through other electronic means.  For non-MAGI groups,  
          such as those who are blind or disabled, the rule retains the  
          existing provision that eligibility be re-determined at least  
          every 12 months, but allows states to assume that blindness and  
          disability continue until there is a determination otherwise.  

          For MAGI groups, state agencies will first seek to renew  
          eligibility by evaluating information from the individual's  
          electronic account or from other more current reliable data  
          sources.  If the available information is sufficient to  
          determine continued Medicaid eligibility, the state is required  
          to renew coverage based on that information and send an  
          appropriate notice without requiring the individual to sign and  
          return the notice.  Enrollees must correct any inaccurate  
          information in the notice online, in person, by telephone, or by  
          mail.  If it cannot be determined that the individual remains  
          eligible based on available information, the individual must be  
          provided with a pre-populated form containing the information  
          relevant to renewal that is available to the agency and a  
          reasonable period of time of at least 30 days to provide the  
          necessary information and correct any inaccuracies online, in  
          person, by telephone, or by mail.  The state has the option to  
          allow self-attestation and then use information available  
          through electronic data sources for verification.  The state  
          cannot require an in-person interview as part of the  
          redetermination process.  AB 1296 (Bonilla), Chapter 641,  
          Statutes of 2011, adopted many of these requirements, and this  
          bill makes additional conforming changes.  This bill also  
          implements the provisions that are designed to reduce multiple  
          unnecessary applications by allowing a reconsideration period  
          for individuals who are terminated due to failure to submit a  
          renewal form or information.  In such a case, if the individual  
          subsequently submits within 90 days after the date of  
          termination, the state is required to redetermine the  
          individual's eligibility without requiring a new application.

          Supporters, such as Western Center on Law and Poverty (Western  
          Center), state that this bill is truly a historic piece of  








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          legislation which will transform the Medi-Cal program by  
          covering all low-income Californians and modernizing and  
          simplifying the eligibility rules to realize the "no wrong door  
          visions" of the ACA.  According to Western Center, many complain  
          that Medi-Cal administration and eligibility determinations are  
          too cumbersome and complicated and states in support that this  
          bill would achieve a more modern, efficient, and streamlined  
          program, as well as align the Medi-Cal rules with the rules in  
          the Exchange.  Western Center also points out in support that  
          this bill provides the same scope of benefits to the adult  
          expansion population as to the existing population and also adds  
          the 10 categories of EHBs.  The County Welfare Directors  
          Association of California (CWDA), also in support, states that  
          this bill moves California closer to the promise of affordable,  
          accessible coverage by implementing a new federal income  
          standard based on tax filings, eliminating the asset test for  
          parents, children, and the newly eligible population,  
          eliminating mid-year status reports, and providing a structure  
          for those enrolled in the Low-Income Health Program (LIHP) to  
          transition seamlessly into ongoing Medi-Cal coverage.  CWDA  
          points out that many of these simplifications have been long  
          sought by county human services departments and that reducing  
          the burden for clients and the amount of time county staff must  
          spend, as well as increasing the use of information  
          electronically, will help ensure quick and accurate eligibility  
          determinations.  The California Labor Federation states that  
          this bill will enact a central component of the ACA to  
          complement the establishment of the state Exchange by expanding  
          Medi-Cal to ensure that the lowest-income Californians have  
          access to subsidized coverage.  The California Labor Federation  
          further argues in support that not only will individuals and  
          families benefit, but the expansion has the possibility of  
          improving public health by increasing access to preventive care  
          and reducing the use of emergency rooms and charity care.  These  
          supporters and others also point to the fact that this bill will  
          bring in an estimated $2.1 to $3.5 billion in federal funds due  
          to the 100% federal funding for the newly eligible.  Health  
          Access California, also in support, points to an analysis  
          conducted by the University of California that found that most  
          of the costs associated with the Medi-Cal expansion and program  
          changes would be offset by increased GF revenues and other  
          savings.    


           Analysis Prepared by  :    Marjorie Swartz / HEALTH / (916)  








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