BILL ANALYSIS Ó SENATE COMMITTEE ON HUMAN SERVICES Senator McGuire, Chair 2015 - 2016 Regular Bill No: AB 294 ----------------------------------------------------------------- |Author: |Lackey | ----------------------------------------------------------------- |----------+-----------------------+-----------+-----------------| |Version: |May 21, 2015 |Hearing |June 9, 2015 | | | |Date: | | |----------+-----------------------+-----------+-----------------| |Urgency: |No |Fiscal: |Yes | ---------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Mareva Brown | |: | | ----------------------------------------------------------------- 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 AB 294 (Lackey) Page 2 of ? 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 AB 294 (Lackey) Page 3 of ? 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 AB 294 (Lackey) Page 4 of ? 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 AB 294 (Lackey) Page 5 of ? 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 ----------------------------------------------------------------- |Assembly Floor: |77 - | | |0 | |-----------------------------------------------------------+-----| |Assembly Appropriations Committee: |17 - | | |0 | |-----------------------------------------------------------+-----| |Assembly Health Committee: |18 - | | |0 | | | | ----------------------------------------------------------------- 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 AB 294 (Lackey) Page 6 of ? 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." -- END --