BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  SB 508
          Author:   Hernandez (D)
          Amended:  1/9/14
          Vote:     21

           
           SENATE HEALTH COMMITTEE  :  7-0, 1/15/14
          AYES:  Hernandez, Beall, De León, DeSaulnier, Monning, Pavley,  
            Wolk
          NO VOTE RECORDED:  Anderson, Nielsen

           SENATE APPROPRIATIONS COMMITTEE  :  4-1, 1/21/14
          AYES:  De León, Hill, Padilla, Steinberg
          NOES:  Gaines
          NO VOTE RECORDED:  Walters, Lara


           SUBJECT  :    Medi-Cal:  eligibility

           SOURCE  :     Author


           DIGEST  :    This bill 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 (MAGI),  
          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, and  
          clarifies that Medi-Cal eligibility for former foster youth  
          expansion up to age 26 includes individuals who lost eligibility  
          due to having reached the maximum age for foster care  
          assistance.
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           ANALYSIS  :   

          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% 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% 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 MAGI.

          5.Implements the ACA requirement that a 5% income disregard  
            applies to individuals whose income eligibility is determined  
            based on MAGI, effectively making income eligibility 138% 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% of the FPL;
             B.   Pregnant women:           0-208% of the FPL;
             C.   Children:                 0-261% of the FPL.

          1.Increases the income level at which premiums for Medi-Cal  

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            coverage for children are assessed, to apply premiums for  
            children in families with incomes above 160 to 261% of the  
            FPL, instead of children in families with incomes from 150 to  
            250% of the FPL.

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

          3.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.)

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

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

           Comments
           
           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.  The ACA allows  
          states to eliminate the deprivation requirement.

          Under the ACA, previous state income disregards and asset or  
          resource tests 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  

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          "disregarded" in determining Medi-Cal eligibility).  To make the  
          change from the prior income methodologies to MAGI-based methods  
          without significantly changing current coverage 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. 

           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. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

          According to the Senate Appropriations Committee:

           Minor administrative costs to DHCS (General Fund).

           No expected change in Medi-Cal enrollment or costs. While the  
            bill does change eligibility standards and requirements for  
            the Medi-Cal program, these changes are intended to either  
            clarify changes already made by the Legislature when enacting  
            the Medi-Cal expansion (through SB 1 1X, Hernandez and  
            Steinberg, Chapter 4, Statutes of 2013-14 First Extraordinary  
            Session, and AB 1 1X, J. Perez, Chapter 3, Statutes of 2013-14  
            First Extraordinary Session) or to fix technical errors made  
            in the drafting of those bills. This bill is not expected to  
            increase enrollment beyond what was anticipated when the  
            Legislature enacted those bills.

           SUPPORT  :   (Verified  1/21/14)

          AFSCME

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          California Primary Care Association
          California State Association of Counties
          County Welfare Directors Association of California 
          Western Center on Law and Poverty

           ARGUMENTS IN SUPPORT  :    According to the author, this bill is a  
          follow-up bill to SB 1 1X and AB 1 1X, 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 1 1X and SB 1 1X 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 to  
          DHCS.

          The 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 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.


          JL:nl  1/22/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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