BILL ANALYSIS                                                                                                                                                                                                    Ó






                                         SENATE COMMITTEE ON HEALTH
                          Senator Ed Hernandez, O.D., Chair

          BILL NO:       SB 508
          AUTHOR:        Hernandez
          AMENDED:       January 9, 2014
          HEARING DATE:  January 15, 2014
          CONSULTANT:    Bain

           SUBJECT  :  Medi-Cal: eligibility.
           
          SUMMARY  : Codifies the Medi-Cal income eligibility thresholds for  
          parents and caretaker relatives, children, and pregnant women  
          whose income eligibility for Medi-Cal is determined based on  
          modified adjusted gross income. Increases the income levels at  
          which premiums are assessed for coverage in Medi-Cal for  
          children. Eliminates the deprivation requirement for the  
          Medically Needy Medi-Cal program. Clarifies that Medi-Cal  
          eligibility for former foster youth expansion up to age 26 to  
          include individuals who lost eligibility due to having reached  
          the maximum age for foster care assistance.

          Existing law:
          1.Establishes the Medi-Cal program, administered by the  
            Department of Health Care Services (DHCS), under which low  
            income individuals are eligible for medical coverage. 

          2.Requires DHCS to implement the Affordable Care Act (ACA)  
            expansion of Medi-Cal coverage to adults and parents up to 133  
            percent of the federal poverty level (FPL) (adults without  
            minor children are generally not eligible for Medi-Cal unless  
            aged or disabled, and parents applying for Medi-Cal are  
            eligible if they have family incomes at or below 100 percent  
            of the FPL).  

          3.Requires DHCS to establish income eligibility thresholds for  
            those Medi-Cal eligibility groups whose eligibility will be  
            determined using MAGI-based financial methods. 

          4.Requires, effective January 1, 2014, when determining  
            eligibility for Medi-Cal benefits for non-elderly non-disabled  
            adults, an applicant's or beneficiary's income and resources  
            to be determined, counted, and valued in accordance with the  
            requirements of a provision of the ACA, which prohibits the  
            use of an assets or resources test for individuals whose  
            income eligibility is determined based on modified adjusted  
                                                         Continued---



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            gross income (MAGI).

          5.Implements the ACA requirement that a 5 percent income  
            disregard applies to individuals whose income eligibility is  
            determined based on MAGI, effectively making income  
            eligibility 138 percent of the FPL ($15,856 for an individual  
            and $26,951 for a family of 3 in 2013).
          
          This bill:
          1.Establishes income eligibility thresholds for Medi-Cal  
            coverage whose income is determined based on MAGI as follows:

                  a.        Parents and caretaker relatives:0-109 percent  
                    of the FPL;
                  b.        Pregnant women:          0-208 percent of the  
                    FPL;
                  c.        Children:                0-261 percent of the  
                    FPL.

          2.Increases the income level at which premiums for Medi-Cal  
            coverage for children are assessed, to apply premiums for  
            children in families with incomes above 160 to 261 percent of  
            the FPL, instead of children in families with incomes from 150  
            to 250 percent of the FPL.

          3.Requires Medi-Cal income eligibility for coverage of  
            tuberculosis-related services to be determined pursuant to  
            MAGI-based financial methods effective January 1, 2014.

          4.Eliminates the deprivation requirement for the medically needy  
            Medi-Cal program by repealing the deprivation requirement from  
            the medically needy family person definition. (Medically needy  
            is a category of Medi-Cal eligibility that provides Medi-Cal  
            coverage for individuals who fit into a federal benefit  
            category [such as aged, blind or disabled] but whose income or  
            resources are too high.)

          5.Clarifies that former foster youth are eligible for Medi-Cal  
            coverage up to age 26 if the individual lost his or her  
            eligibility for foster care assistance due to having reached  
            the maximum age for that assistance.

          6.Deletes obsolete references to previous Medi-Cal income  
            eligibility provisions.

           FISCAL EFFECT  :  This bill has not been analyzed by a fiscal  




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          committee.

           COMMENTS  :  
           1.Author's statement.  According to the author, this bill is a  
            follow-up bill to SB X1 1 (Hernandez and Steinberg), Chapter  
            4, Statutes of 2013 and AB X1 1 (J. Perez), Chapter 3,  
            Statutes of 2013, the Medi-Cal ACA implementation bills. This  
            bill would place into state law the MAGI converted Medi-Cal  
            income eligibility standards for parents and caretaker  
            relatives, children, and pregnant women, would eliminate the  
            deprivation requirement in the medically needy Medi-Cal  
            program, and would clarify eligibility for the former foster  
            youth Medi-Cal expansion. When AB X1 1 and SB X1 1 were passed  
            by the Legislature in June 2013, the MAGI-converted Medi-Cal  
            income eligibility standards were not known but have  
            subsequently been established administratively by DHCS.  
            Placing these amounts into state law provides greater  
            transparency regarding eligibility thresholds and updates  
            current law to reflect current income eligibility standards.  
            This bill also contains clean-up language to the former foster  
            youth Medi-Cal expansion and eliminates the deprivation  
            requirement in the medically needy Medi-Cal program in  
            response to concerns raised by the federal Centers for  
            Medicare and Medicaid Services (CMS) to DHCS.
          
          2.MAGI income conversion eligibility thresholds. The ACA  
            requires states to change the way they calculate income for  
            purposes of determining Medicaid eligibility. Beginning  
            January 1, 2014, eligibility for Medicaid (Medi-Cal in  
            California) for most individuals, as well as for the  
            Children's Health Insurance Program (CHIP, formerly the  
            Healthy Families Program in California before children were  
            shifted into Medi-Cal), is determined using methodologies  
            based on MAGI, as defined in the Internal Revenue Code of  
            1986. Eligibility for advance premium tax credits for the  
            purchase of private insurance coverage through states  
            exchanges will also use MAGI.

            Under the ACA, previous state income disregards and asset or  
            resource tests would no longer apply when calculating income  
            eligibility for most non-elderly non-disabled adults (under  
            income disregards, certain types of income is not counted or  
            "disregarded" in determining Medi-Cal eligibility). To make  
            the change from the prior income methodologies to MAGI-based  
            methods without significantly changing current coverage  




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            levels, the ACA requires states to establish income  
            eligibility thresholds for populations that are not less than  
            the effective income eligibility levels that applied under  
            Medicaid on the date of enactment of the ACA. The intent of  
            this provision was for states to establish MAGI-equivalent  
            standards that protect individuals eligible for Medicaid from  
            losing coverage after 2014. States must convert their current  
            financial eligibility income standards from net standards  
            (which include disregards) to an equivalent MAGI income  
            standard. 


            AB X1 1 directed DHCS to establish income eligibility  
            thresholds for those Medi-Cal eligibility groups whose  
            eligibility will be determined using MAGI-based financial  
            methods. This bill codifies the new income eligibility  
            thresholds. The chart below shows how these income eligibility  
            levels differ from the prior income eligibility levels:


               ---------------------------------------------------- 
              |                 |   Previous   |  MAGI Converted   |
              |                 |    Income    |  Income Standard  |
              |                 |   Standard   |(FPL)*             |
              |                 |    (FPL)     |                   |
              |                 |              |                   |
              |-----------------+--------------+-------------------|
              |Children         |  0% - 200%   |0% - 208%          |
              |(Infants)        |              |                   |
              |-----------------+--------------+-------------------|
              |Former Healthy   | 200% - 250%  |   208% - 261%     |
              |Families         |              |                   |
              |Program**        |              |                   |
              |Infants          |              |                   |
              |-----------------+--------------+-------------------|
              |Children age 1-5 |  0% - 133%   |    0% - 142%      |
              |-----------------+--------------+-------------------|
              |Former Healthy   | 133% - 250%  |   142% - 261%     |
              |Families Program |              |                   |
              |age 1-5          |              |                   |
              |-----------------+--------------+-------------------|
              |Children age     |  0% - 100%   |    0% - 133%      |
              |6-19             |              |                   |
              |-----------------+--------------+-------------------|
              |Former Healthy   | 100% - 250%  |   133% - 261%     |
              |Families Program |              |                   |




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              |age 6-19         |              |                   |
              |-----------------+--------------+-------------------|
              |Parents/Caretaker|  0% - 100%   |   0% - 109%***    |
              | Relatives       |              |                   |
              |(1931b category) |              |                   |
              |-----------------+--------------+-------------------|
              |Pregnant Women   |  0% - 200%   |    0% - 208%      |
              |-----------------+--------------+-------------------|
              |                 |              |                   |
               ---------------------------------------------------- 
               ---------------------------------------------------- 
              |*These FPL amounts do not include the ACA-required  |
              |5% disregard.                                       |
              |**former Healthy Families Program enrollees who are |
              |now in Medi-Cal are referred to as Optional         |
              |Targeted Low Income Children (OTLIC).               |
              |*** Coverage extends to 133% of the FPL under the   |
              |Medi-Cal ACA expansion.                             |
               ---------------------------------------------------- 

          3.Repeal of deprivation requirement in medically needy program.  
            Under the Medi-Cal 1931(b) program, Medi-Cal covers children  
            up through age 18 (and up to age 19 if they are expected to  
            graduate from school) who are "deprived" of full parental  
            support, and parents and caretaker relatives. Deprivation  
            means at least one parent in the family must be absent,  
            deceased or disabled, or the principal wage earner must be  
            unemployed or underemployed. 

          The ACA allows states to eliminate the deprivation requirement.  
            AB X1 1 adopted this option because there was no longer a need  
            for an administratively burdensome and outdated welfare-based  
            rule when individuals are subject to an individual mandate and  
            are eligible for Medi-Cal coverage. This bill would also  
            repeal the medically needy deprivation requirement from the  
            medically needy family person category in response to CMS  
            indicating that if California eliminates the deprivation  
            requirement in the 1931(b) program, it must also eliminate the  
            deprivation requirement in the medically needy program as  
            well. 

          4.Medi-Cal coverage for former foster youth until age 26. SB X1  
            1 requires DHCS, to the extent federal financial participation  
            is available, to implement the ACA requirement to provide  
            Medi-Cal benefits to an individual who is in foster care on  




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            his or her 18th birthday until his or her 26th birthday. Prior  
            to the enactment of SB X1 1, Medi-Cal provided coverage to  
            former foster youth up to age 21 under a federal option. 

          SB X1 1 sunset the optional expansion provision and enacted one  
            section providing the ACA-required coverage up to age 26. DHCS  
            indicates that CMS informed it that replacing the former  
            optional foster care program with the mandatory care program  
            is a violation of the federal ACA maintenance of effort, and  
            that the state needs to keep both programs operational because  
            there are additional former foster care adolescents eligible  
            under the prior optional program who are not eligible under  
            the new expanded mandatory program. This bill addresses that  
            issue, and clarifies that children who age out of foster care  
            after age 18 are eligible for Medi-Cal coverage up to age 26.

          5.Prior legislation. AB X1 1 implemented specified Medicaid  
            provisions of the ACA, including the expansion of federal  
            Medicaid coverage to low-income adults with incomes between 0  
            and 138 percent of the federal poverty level. AB X1 1 also  
            implemented a number of the Medicaid ACA provisions to  
            simplify the eligibility, enrollment and renewal processes for  
            Medi-Cal.

          SB X1 1 established the existing Medi-Cal benefit package as the  
            benefit package for the expansion population eligible under  
            the ACA and expanded the Medi-Cal benefit package for the  
            existing population and newly eligible under the ACA to  
            include mental health services and substance use disorder  
            services required under the essential health benefit  
            legislation adopted in 2012 that were not currently covered by  
            Medi-Cal. SB X1 1 also implemented a number of the Medicaid  
            ACA-related provisions to simplify the eligibility, enrollment  
            and renewal processes for Medi-Cal. 

          6.Support. Western Center on Law and Poverty (WCLP) supports  
            this bill to codify the new income levels for Medi-Cal under  
            the ACA. WCLP states that much of the Medi-Cal ACA compliance  
            was achieved last year in SB X1 1 and AB X1 1, but there are a  
            few remaining issues that need to be addressed in state  
            statute this year, including codifying the new rules for  
            counting income as well as new income levels under MAGI. Under  
            the MAGI standard, most income deductions have been abolished  
            but states had to modify their Medi-Cal income levels under  
            MAGI. California has received its MAGI conversion levels from  
            the federal government and now state statute needs to be  




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            changed to accurately reflect the new income levels. SB 508  
            achieves this so that California law will have the current  
            income levels. 

          WCLP also states this bill finishes the job started in the  
            special session Medi-Cal bills of eliminating the deprivation  
            requirement in Medi-Cal. The deprivation test is an old  
            welfare rules test whereby only parents of a deprived child  
            qualify for Medi-Cal including when a parent is deceased,  
            disabled, unemployed, or underemployed. This complicated rule  
            is no longer needed when all low-income adults will be  
            eligible for Medi-Cal. SB 508 eliminates deprivation for a  
            remaining Medi-Cal program. Finally, WCLP concludes that this  
            bill makes some technical changes regarding the Medi-Cal  
            program for former foster youth to ensure that California  
            complies with federal law and provides this vulnerable  
            population with the health care benefits to which they are  
            entitled.
          
          7.Amendments. Additional amendments are needed to this measure  
            to establish the new MAGI income eligibility levels for the  
            Access for Infants and Mothers Program and the County Health  
            Initiative Matching Program. 
          
           SUPPORT AND OPPOSITION  :
          Support:  California Primary Care Association
          Western Center on Law and Poverty

          Oppose:   None received.



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