BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON HUMAN SERVICES
                               Senator McGuire, Chair
                                2015 - 2016  Regular 

          Bill No:              AB 294
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          |Author:   |Lackey                                                |
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          |Version:  |May 21, 2015           |Hearing    |June 9, 2015     |
          |          |                       |Date:      |                 |
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          |Urgency:  |No                     |Fiscal:    |Yes              |
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          |Consultant|Mareva Brown                                          |
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             Subject:  Health and human services:  state plans:  federal  
                               waivers:  public notice


            SUMMARY
          
          This bill requires any department within the California Health  
          and Human Services Agency (CHHSA) to post on the home page of  
          its website information about any federally approved state plan  
          or waiver of federal laws or regulations.


            ABSTRACT
          
          Existing law:

             1)   Creates the CHHSA with its 10 constituent departments  
               and a number of other boards and entities. (GOV 12803)


             2)   Requires the state Department of Health Care Services  
               (DHCS) to post the following on its Internet Web site. (WIC  
               14100.3.)


                  a.        All submitted state plan amendments and all  
                    federal waiver applications and requests for new  
                    waivers, waiver amendments, and waiver renewals and  
                    extensions within 10 business days from the date the  
                    department submits these documents for approval to the  







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                    federal Centers for Medicare and Medicaid Services  
                    (CMS).


                  b.        All final approval or denial letters and  
                    accompanying documents for all submitted state plan  
                    amendments and federal waiver applications and  
                    requests within 10 business days from the date the  
                    department receives notification of final approval or  
                    denial from CMS.


                  c.        Notice from DHCS to CMS that it is withdrawing  
                    a submitted state plan amendment or federal waiver  
                    application or request, as defined, within 10 business  
                    days from the date the department notifies CMS of the  
                    withdrawal.


                  d.        All pending submitted state plan amendments  
                    and federal waiver applications and requests, which  
                    the department submitted to CMS in 2009 and every year  
                    thereafter.


          This bill:

             1)   Adds a new Part 0.5 to Health and Safety code commencing  
               with HSC 135 and a new Division 3.5 to Welfare and  
               Institutions code, commencing with a new Section 3500, both  
               requiring that a department within the California Health  
               and Human Services Agency that has received approval of an  
               operational state plan by a federal agency, or has applied  
               and has been approved for a waiver from a federal law or  
               federal regulation, to make any and all approved plans or  
               waiver applications available to the public by publishing a  
               hyperlink to that information on the homepage of the  
               department's Internet Web site.
          
            FISCAL IMPACT
          
          An Assembly Appropriations Committee analysis projected  
          negligible state fiscal effect and noted that the bill will  
          apply to ten departments under CHHSA, some of which already are  








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          likely compliant.

            BACKGROUND AND DISCUSSION
          
          Purpose of the bill:

          According to the author, this bill will increase transparency  
          for state-run and federally funded programs within the Health  
          and Human Services Agency by requiring that the state  
          departments place a copy of any approved state plans or waivers  
          on the front page of the administering department's web site.  
          This will allow the public to gain knowledge of the programs and  
          improve departments' abilities to provide critical services to  
          Californians, the author states. The author also states that  
          some federally required plans and federal waivers are not  
          readily accessible to the public because they are not placed on  
          the web page of the single state agency responsible for the  
          administration of the program. 


          Federal waivers


          State agencies are required to develop state plans and permitted  
          to submit waiver proposals to the federal government, as  
          instructed by the relevant federal agencies, to waive  
          requirements of specific programs. An example would be the  
          substantial Home and Community-Based Services waiver, which  
          permits California to receive federally matched Medicaid funding  
          for services outside of a health care institution.


          California has several Medicaid waivers, including the Section  
          1115 Research & Demonstration Projects, which allow states  
          program flexibility to test new or existing approaches to  
          financing and delivering services. Section 1915(b) Managed Care  
          Waivers allow states to provide services through managed care  
          delivery systems or otherwise limit people's choice of  
          providers. Section 1915(c) Home and Community-Based Services  
          Waivers allow states to provide long-term care services in home  
          and community settings rather than institutional settings.


          These and other waivers enable California to receive federal  








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          funding for a number of programs through Medicaid waivers or  
          state plan language including In-Home Supportive Services,  
          services for individuals with developmental disabilities, those  
          with AIDS or HIV, assisted living services, in home operations  
          or pediatric palliative care, services for individuals with  
          serious mental illness and others. 


          Additionally, California has federal waivers within its CalFresh  
          food benefit program to maintain nutrition benefits to  
          individuals who are unable to find employment during a  
          recession, waivers to fund various innovations in the foster  
          care program, and others. 


          Posting practices


          Currently, state departments post waivers and state plans to  
          varying degrees and in various places. The Department of Health  
          Care Services, which is responsible for managing for all  
          Medi-Cal waivers, regardless of the department that is applying  
          them to the provision of services, has a website page devoted to  
          the waivers. A link to the waiver page is on the right side of  
          the DHCS home page. The Department of Developmental Services  
          also has a webpage for its waivers and a link from its home page  
          to the waiver page, however the link is identified as a home and  
          community based services site, rather than a waiver site. 

          The Health and Human Services Agency also has a waiver page, but  
          does not have a link from the homepage. The Department of Aging  
          does not appear to have a waiver page specifically, although  
          some information about relevant waivers is on its home page. The  
          Department of Social Services (CDSS) does not have a waiver link  
          on its home page, although it receives waivers from the USDA for  
          its CalFresh program and from the Administration on Families and  
          Children for its child welfare programs. Much of the waiver  
          information released from CDSS about waivers and plans is in the  
          form of instruction letters to counties or other, similar,  
          directives. 

          Related legislation:
            
          AB 82 (Committee on Budget, Chapter 23, Statutes of 2013) added  








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          the requirement for DHCS to post all waiver and state plan  
          information submitted to the federal CMS on its Internet website  
          within 10 days.
            
          AB 1216 (Bonta, 2015) modifies the requirement for DHCS to post  
          all state plan amendments and waiver information submitted to  
          CMS from 10 days to within 7 business days from the date of  
          submission, and requires DHCS to accept public comment on all  
          state plan amendments and waivers, as specified.

            PRIOR VOTES
          
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          |Assembly Floor:                                            |77 - |
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          |Assembly Appropriations Committee:                         |17 - |
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          |Assembly Health Committee:                                 |18 - |
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            POSITIONS
                                          
          Support:       
               Coalition of California Welfare Rights Organizations  
               (Sponsor)
               AFSCME
               Alliance
               California Alternative Payment Program Association
               California Hunger Action Coalition
               Western Center on Law and Poverty

          Oppose: 
               California Department of Finance
               
          

                                ARGUMENTS IN SUPPORT

          The bill's sponsor, California Coalition of Welfare Rights  
          Organizations, writes that California's numerous plans and  








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          waivers are not readily accessible to the public, although some  
          specific plans are required to be posted. "This bill would make  
          California's state plans and waivers readily accessible to the  
          public to enhance government transparency."


                               ARGUMENTS IN OPPOSITION

          The Department of Finance writes in opposition to this bill that  
          SB 294 is unnecessary. "If there are any gaps in what is being  
          posted, Agency can direct the affected departments to publish  
          the remaining documents. It is our understanding that  
          departments under Agency already publish most of their federally  
          approved operational state plans or federal waiver applications  
          on their respective websites."

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