BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de León, Chair


          SB 1004 (Hernandez) - Health facilities: hospice care.
          
          Amended: May 5, 2014            Policy Vote: Health 9-0
          Urgency: No                     Mandate: No
          Hearing Date: May 23, 2014      Consultant: Brendan McCarthy
          
          SUSPENSE FILE.
          
          
          Bill Summary: SB 1004 would require the Department of Health  
          Care Services to develop a pilot project to provide a palliative  
          care benefit to adult Medi-Cal beneficiaries.

          Fiscal Impact: 
              Likely costs of about $900,000 over two years to design the  
              pilot project and negotiate a waiver with the federal  
              government (General Fund and federal funds). Based on the  
              workload to engage with stakeholders, design the pilot  
              project, and negotiate an agreement with the federal  
              government, staff estimates that he Department would need  
              about three additional staff positions for one to two years.

              One-time costs, likely in the range of $150,000 to $300,000  
              to conduct an evaluation of the pilot project once enough  
              data has been collected (General Fund and federal funds).

              Unknown potential for cost savings from the pilot project  
              (General Fund and federal funds). The state created a pilot  
              project for pediatric palliative care in the Medi-Cal  
              program from 2009 to 2012. According to a preliminary  
              analysis of the pilot project, total spending for  
              participants was about $1,700 per month less than it would  
              have been under standard Medi-Cal pediatric benefits.  
              Similarly, an analysis of a pilot project to provide adult  
              palliative care benefits in New York State indicated that  
              hospitalization costs were substantially reduced for program  
              participants.

          Background: Under state and federal law, the Department of  
          Health Care Services operates the Medi-Cal program, which  
          provides health care coverage to pregnant women, children and  
          their parents with low incomes, as well as blind, disabled, and  








          SB 1004 (Hernandez)
          Page 1


          certain other populations. Generally, the federal government  
          provides a 50 percent federal match for state expenditures. 

          Pursuant to the federal Affordable Care Act, California has  
          opted to expand eligibility for Medi-Cal up to 138 percent of  
          the federal poverty level and to include childless adults.  The  
          Affordable Care Act provides a significantly enhanced federal  
          match for the Medi-Cal expansion. Under the law, the federal  
          government will pay for 100 percent of the cost of the Medi-Cal  
          expansion in 2013-14, declining to a 90 percent federal match in  
          the 2020 federal fiscal year and thereafter.

          With the exception of certain populations (for example,  
          individuals eligible for limited scope Medi-Cal benefits or  
          individuals dually eligible for Medi-Cal and Medicare in most  
          counties), managed care is the primary system for providing  
          Medi-Cal benefits. The Department estimates that in 2014-15, 7.5  
          million Medi-Cal beneficiaries (73 percent of total enrollment)  
          will receive care through the managed care system. 

          Palliative care provides relief from pain and the stress of  
          serious illness. Palliative care is typically provided by an  
          interdisciplinary team and can be provided alongside treatment  
          intended to cure the underlying condition. 

          Proposed Law: SB 1004 would require the Department of Health  
          Care Services to develop a pilot project to provide a palliative  
          care benefit to adult Medi-Cal beneficiaries.

          Specific provisions of the bill would:
              Require the Department of Health Care Services to develop a  
              pilot project to evaluate whether to offer a palliative care  
              benefit in the Medi-Cal program;
              Limit participation to adult Medi-Cal beneficiaries,  
              subject to further limitation by the Department;
              Specify that the services to be available in the pilot  
              include Medi-Cal hospice benefits and other services and can  
              be offered at the same time as curative treatments;
              Require the Department to submit a waiver application to  
              the federal government within twelve months of the bill's  
              enactment;
              Authorize the Department to implement the bill without  
              adopting regulations.









          SB 1004 (Hernandez)
          Page 2


          Staff Comments: Current federal law allows states to apply for  
          "waivers" of requirements of the federal Social Security Act.  
          This process allows states, on a case by case basis, to make  
          changes to their Medicaid program with the approval of the  
          federal Centers for Medicare and Medicaid Services. In general,  
          for the federal government to approve a waiver, the state must  
          demonstrate that total federal costs will not exceed  
          fee-for-service equivalent costs to the federal government over  
          the period of the waiver.

          As was noted above, preliminary information indicates that  
          palliative care benefits in Medi-Cal and New York's Medicaid  
          program have the potential to reduce costs. Based on this  
          information, it is likely that the federal government would  
          authorize a pilot project authorized under this bill.