BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                UNFINISHED BUSINESS 


          Bill No:  SB 508
          Author:   Hernandez (D)
          Amended:  8/18/14
          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

           SENATE FLOOR  :  28-8, 1/27/14
          AYES:  Beall, Block, Calderon, Cannella, Corbett, Correa, De  
            León, DeSaulnier, Evans, Galgiani, Hancock, Hernandez, Hill,  
            Hueso, Jackson, Lara, Leno, Lieu, Liu, Mitchell, Monning,  
            Padilla, Pavley, Roth, Steinberg, Torres, Wolk, Yee
          NOES: Berryhill, Fuller, Gaines, Huff, Knight, Vidak, Walters,  
            Wyland
          NO VOTE RECORDED: Anderson, Nielsen, Wright, Vacancy

           ASSEMBLY FLOOR  :  57-22, 8/25/14 - See last page for vote


           SUBJECT  :    Medi-Cal:  eligibility

           SOURCE  :     Author


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           DIGEST  :    This bill makes changes to the eligibility  
          requirements for the Medi-Cal program, to codify existing  
          eligibility levels or clarify changes made to the program's  
          eligibility requirements when the state expanded eligibility  
          under the federal Patient Protection and Affordable Care Act  
          (ACA), in particular conforming existing law to the federal  
          requirement to use modified adjusted gross income (MAGI) for  
          eligibility determination.

           Assembly Amendments  1) require the Department of Health Care  
          Services (DHCS) to extend Medi-Cal benefits to individuals under  
          21 years of age placed in foster homes or private institutions  
          or for whom a specified adoption agreement is in effect, and  
          require that all of the income considered when determining an  
          individual's eligibility under these provisions be disregarded;  
          and, 2) make various technical changes. 

           ANALYSIS  :   

          Existing law:

          1.Establishes the Medi-Cal program, administered by DHCS, under  
            which low income individuals are eligible for medical  
            coverage. 

          2.Requires DHCS to implement the 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.


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          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  
            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 was in foster care on  
            his/her 18th birthday or such higher age the state has elected  
            under federal law.

          5.Requires DHCS to exercise its option under federal law to  
            extend Medi-Cal benefits to individuals under 21 years of age  
            placed in foster homes or private institutions and individuals  
            under 21 years of age for whom a specified adoption agreement  
            is in effect. Further requires that all of the income  
            considered when determining an individual's eligibility under  

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            these provisions be disregarded.

          6.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  
          "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  

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          underemployed. 

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

          According to the Assembly Appropriations Committee, this bill  
          has four main components.  The first component, the  
          specification in statute of income thresholds, codifies current  
          administrative practice under existing authority.  Therefore,  
          placing these income thresholds in law is not expected to  
          increase costs.  Similarly, the component related to  
          tuberculosis services conforms the income eligibility  
          methodology for these services to that used for most other  
          Medi-Cal categories, and should have a negligible cost impact.

          Two other components, namely, the elimination of the deprivation  
          requirement in the medically needy program and the changes  
          related to former foster youth eligibility, may have a minor  
          fiscal impact.  Both changes will potentially increase state  
          costs by expanding the number of people eligible for Medi-Cal.   
          Assuming average per-person costs in the medically needy program  
          are $10,000 annually, average per-person costs for former foster  
          youth are $2,000 annually, and 50 individuals enroll due to the  
          deprivation changes and 10 new former foster youth enroll due to  
          the foster youth program changes, costs would be $520,000 (50%  
          General Fund, 50% federal).

          The former foster youth provisions appear to be necessary  
          pursuant to federal maintenance of effort requirements in the  
          ACA, under which states must maintain Medi-Cal eligibility rules  
          in place for children until 2019.  The deprivation change also  
          appears to be required to maintain compliance with federal  
          rules, but based on how the state has chosen to structure  
          related programs.  Since the state chose to eliminate the  
          deprivation requirement for a separate eligibility category, the  
          federal government has, according to the author, stated the  
          deprivation requirement must be eliminated in the medically  
          needy program as well.  Written verification that these specific  
          changes are federally required was unavailable at the time of  
          this analysis.

          This bill is tagged as a potential state-reimbursable mandate  
          because county eligibility workers conduct eligibility  
          screenings on behalf of the state.  But no increased  

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          administrative costs to counties are expected as a direct result  
          of this bill, since changes should not significantly impact  
          county workload and have already been incorporated into county  
          eligibility operations.

           SUPPORT  :   (Verified  8/26/14)

          AFSCME, AFL-CIO
          Association of Regional Center Agencies
          California Council of Community Mental Health Agencies
          California Primary Care Association
          California State Association of Counties
          County Welfare Directors Association of California
          Western Center on Law & 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.


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           ASSEMBLY FLOOR  : 57-22, 08/25/14
          AYES: Achadjian, Alejo, Ammiano, Bloom, Bocanegra, Bonilla,  
            Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau,  
            Chesbro, Cooley, Dababneh, Daly, Dickinson, Eggman, Fong, Fox,  
            Frazier, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray,  
            Hall, Roger Hernández, Holden, Jones-Sawyer, Levine,  
            Lowenthal, Medina, Mullin, Muratsuchi, Nazarian, Pan, Perea,  
            John A. Pérez, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon,  
            Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Weber,  
            Wieckowski, Williams, Yamada, Atkins
          NOES: Allen, Bigelow, Chávez, Conway, Dahle, Donnelly, Beth  
            Gaines, Grove, Hagman, Harkey, Jones, Linder, Logue,  
            Maienschein, Mansoor, Melendez, Nestande, Olsen, Patterson,  
            Wagner, Waldron, Wilk
          NO VOTE RECORDED: Vacancy


          JL:nl  8/26/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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