BILL ANALYSIS Ó AB 294 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 294 (Lackey and Steinorth) As Amended June 15, 2015 Majority vote -------------------------------------------------------------------- |ASSEMBLY: | 77-0 | (April 30, |SENATE: |38-0 | (August 20, | | | |2015) | | |2015) | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: HEALTH SUMMARY: Requires any department within the California Health and Human Services Agency (CHHSA) to post on the first page of its Web site information about any federally approved state plan or waiver of federal laws or regulations. The Senate amendments add coauthors and make technical, non-substantive changes. EXISTING LAW: 1)Creates the CHHSA with its 10 constituent departments and a number of other offices and entities. 2)Requires or authorizes state agencies to develop state plans and waiver proposals for submission to the federal government, consistent with federal law. Existing federal law provides AB 294 Page 2 for required state plans to implement federal programs and grants federal agencies authority in specified circumstances to waive applicable portions of federal law. In particular, states may be granted waivers of federal law to implement demonstration projects in their Medicaid programs. FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs. COMMENTS: According to the author, this bill will increase transparency for programs administered within CHHSA. Many of these programs are federal programs partially or fully funded with federal funds and operating under federal requirements. According to the author, frequently the federal government will require the designated state agency to submit a state plan for the operation of the program. In addition, states often obtain federal waivers as they test more innovative approaches to implementing federal law. The author argues this bill would increase transparency and government accountability for these programs by requiring that the administering departments within CHHSA place a copy of the approved state plans and waivers on the front page of the department's Web site. The author concludes that this will allow the public to gain knowledge of the programs and improve CHHSA's abilities to provide critical services to Californians. According to the Coalition of California Welfare Rights Organizations, this bill's sponsor, is needed because in certain cases the only way for the public to access the details of a federal waiver is through a public information request. The supporters note that this bill would not only improve transparency to the public, but also save valuable resources for departments by taking away the need for public information requests. Supporters also note that some departments within CHHSA already post approved waivers on their Web sites, such as Department of Health Care Services (DHCS) which posts Medi-Cal waivers, however, other departments such as Department of Social Services do not post waivers. AB 294 Page 3 The Western Center on Law and Poverty (WCLP) supports this bill, noting that the plans and waivers are available through public records act requests but are not readily accessible to the public. WCLP argues that this bill will make these documents more accessible to the public and make these government programs more transparent and work better for the people they serve. Of particular importance for health policy, is the proposed Medicaid waiver request for the Medi-Cal program. Medicaid (known as Medi-Cal in California) is a joint federal-state program to provide health coverage to low-income individuals. Section 1115 of the federal Social Security Act (Act) gives the Secretary of the federal Department of Health and Human Services (HHS) authority to waive provisions of major health and welfare programs authorized under the Act. This includes certain federal Medicaid requirements in any experimental pilot or demonstration project which, in the judgment of the HHS Secretary, is likely to assist in promoting the objectives of Medicaid. In addition, Section 1115 also allows states to use federal Medicaid funds to reimburse for costs in ways that are not otherwise allowed under federal Medicaid law. DHCS has submitted a waiver application to the federal government for consideration. There is no opposition on file. Analysis Prepared by: Roger Dunstan / HEALTH / (916) 319-2097 FN: 0001202 AB 294 Page 4