BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 664| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 664 Author: Dodd (D), et al. Amended: 8/31/15 in Senate Vote: 21 SENATE HEALTH COMMITTEE: 8-0, 7/8/15 AYES: Hernandez, Nguyen, Hall, Monning, Nielsen, Pan, Roth, Wolk NO VOTE RECORDED: Mitchell SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/27/15 AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen ASSEMBLY FLOOR: 80-0, 6/1/15 - See last page for vote SUBJECT: Medi-Cal: universal assessment tool report SOURCE: Author DIGEST: This bill extends, from July 1, 2017, to September 1, 2018, the duration of the existing provisions of law requiring the Department of Health Care Services (DHCS), the Department of Social Services (DSS) and the California Department of Aging (CDA) to establish a stakeholder workgroup to develop a universal assessment process, a universal assessment tool (UAT), authorization for piloting of the UAT, and reporting requirements on those provisions. Delays two existing reports to the Legislature on program of implementation and a post-implementation report. Requires the existing post-implementation report to include additional information from consumers assessed. AB 664 Page 2 ANALYSIS: Existing law: 1) Requires, no later than January 1, 2013, DHCS, DSS, and CDA to establish a stakeholder workgroup to develop the universal assessment process, including a UAT, for home- and community-based services (HCBS). 2) Requires the universal assessment process to be used for all HCBS, including In-Home Supportive Services (IHSS). Requires the workgroup, in developing the process, to build upon the IHSS uniform assessment process and hourly task guidelines, the Multipurpose Senior Services Program (MSSP) assessment process, and other appropriate home- and community-based assessment tools. 3) Requires DHCS, DSS and CDA, in developing the universal assessment process, to develop a UAT that will inform the universal assessment process and facilitate the development of plans of care based on the individual needs of the consumer. Requires the workgroup to consider specified issues. 4) Requires DHCS, DSS and CDA, no later than March 1, 2014, to report to the Legislature on the stakeholder workgroup's progress in developing the universal assessment process, and to identify the counties and beneficiary categories for which the universal assessment process may be implemented. 5) Permits, no sooner than January 1, 2015, upon completion of the design and development of a new UAT, managed care health plans, counties, and other HCBS services providers to test the use of the tool for a specific and limited number of beneficiaries who receive or are potentially eligible to receive HCBS in no fewer than two, and no more than four, of the counties where the Coordinated Care Initiative is implemented, if the following conditions have been met: a) DHCS has obtained any federal approvals through necessary federal waivers or amendments, or state plan amendments, whichever occurs later; AB 664 Page 3 b) The system used to calculate the results of the tool has been tested; and, c) Any entity responsible for using the tool has been trained in its usage. 6) Requires counties in which the tool has been piloted, no sooner than January 1, 2015, to also utilize the UAT if one is available and upon completion of the stakeholder process, system design and testing, and county training for the provision of IHSS services, if beneficiaries consent to the use of the universal assessment process. Requires managed care health plans to cover IHSS services based on the results of the universal assessment process. 7) Requires DHCS to develop materials to inform consumers of the option to participate in the UAT testing phase. 8) Requires DHCS, DSS and CDA to implement a rapid-cycle quality improvement system to monitor the implementation of the universal assessment process, identify significant changes in assessment results, and make modifications to the universal assessment process. 9) Requires beneficiaries to have the option to request an additional assessment using the previous assessment process for those HCBS and to receive services according to the results of the additional assessment until existing law relating to the IHSS assessment process is amended. 10)Requires, no later than nine months after the implementation of the universal assessment process, DHCS, DSS, and CDA, in consultation with stakeholders, to report to the Legislature on the results of the initial use of the universal assessment process, and permits these entities to identify proposed additional beneficiary categories or counties for expanded use of this process and any necessary changes to provide statutory authority for the continued use of the universal assessment process. Requires DHCS, DSS and CDA to report annually thereafter to the Legislature on the status and results of the universal assessment process. 11)Sunsets the above-described provisions on July 1, 2017. AB 664 Page 4 This bill: 1) Extends, from July 1, 2017, to September 1, 2018, the duration of the existing provisions of law requiring DHCS, DSS and CDA to establish a stakeholder workgroup, to develop a universal assessment process, a UAT, authorization for piloting of the UAT, and reporting requirements. 2) Delays, from March 1, 2014, to December 1, 2016, the requirement that DHCS, DSS and CDA report to the Legislature on the stakeholder workgroup's progress in developing the universal assessment process, and identifying the counties and beneficiary categories for the assessment process may be implemented. 3) Delays an existing report to the Legislature after implementation of the universal assessment process, to fifteen months after implementation, instead of nine months in existing law. 4) Requires the existing post-implementation report to the Legislature to include, at minimum: a) Findings from consumers assessed using the UAT regarding their satisfaction with both the universal assessment process and the assessor. b) Analysis of the consumers' ability to follow and accurately respond to all assessment items. c) Data collected from the universal assessment process that is compared to previous assessment tool data. This information would be required to be reported to distinguish the impact of the universal assessment process through the new data collection process. Comments 1)Author's statement. According to the author, California provides HCBS to low-income seniors and persons with disabilities to help them remain in their own homes and communities. Each of the three main HCBS programs rely on workers to determine eligibility and conduct an assessment for the type of services that are needed. Currently, those who AB 664 Page 5 receive services for more than one program undergo multiple assessments that, in some cases, collect duplicative information. In 2012, the Legislature recognized that separate eligibility determination and assessment processes create several forms of inefficiency in the administration of these programs. The UAT was identified as an alternative to the current assessment system. A UAT is a single application and data system that would streamline eligibility determinations and assessments. It would shift the existing HCBS framework from a "program-based" approach to a "person-centered" approach. The goal of this new framework is to facilitate better care coordination, enhance consumer choices, reduce administrative inefficiencies, improve data analysis capabilities, and potentially create long-term fiscal savings. Without a formal evaluation, the Legislature will not know if the UAT will work as it was intended to. 2)Background on HCBS assessments. Medi-Cal provides services to low-income seniors and persons with disabilities (SPDs) to help these individuals remain in their own homes and communities rather than being placed in institutional care. Each of the state's three main HCBS programs (IHSS, CBAS (community-based adult services), and MSSP) rely on workers to determine eligibility and conduct an assessment to determine the amount and type of services that a consumer may need. Currently, clients who receive services from more than one HCBS program undergo multiple assessments that, in some cases, collect duplicative information. These assessments are typically paper forms-unique to each program-used by assessors. Assessors for each HCBS program determine eligibility and conduct an assessment to determine the amount and type of services that a client may need from the particular program to remain safely in his/her home and community. An assessment generally includes questions that cover one or more of the following three areas: (a) medical needs, (b) routine daily functional needs, and/or (c) consumer characteristics. 3)Budget action and status of universal assessment. As part of the 2012-13 Budget, the Legislature enacted the Coordinated Care Initiative (CCI), with the intent to promote care AB 664 Page 6 coordination among SPDs by integrating health care LTSS benefits in up to eight pilot counties. The CCI legislation, SB 1036 (Committee on Budget and Fiscal Review, Chapter 45, Statutes of 2012) also established the universal assessment requirements. The workgroup met for the first time in September 2013 and plans to continue its work of developing the UAT through 2015. The affected state departments have received a draft assessment tool but it is not yet public. Department staff indicate they are not likely to begin piloting the UAT until July 2016. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No According to the Senate Appropriations Committee: 1)No significant costs are anticipated by extending the statutory sunset on the authority to develop the UAT and conduct a pilot project using it. 2)One-time costs of between $500,000 and $1,000,000 are anticipated for the DHCS to conduct an evaluation of the universal assessment tool pilot project (General Fund and federal funds). DHCS indicates that it will either conduct the evaluation internally or contract with an independent organization. SUPPORT: (Verified8/28/15) AARP American Federation of State, County and Municipal Employees, AFL-CIO California Alliance for Retired Americans California Commission on Aging California Senior Legislature LeadingAge California On Lok Senior Health Services UDW/AFSCME Local 3930 OPPOSITION: (Verified8/28/15) AB 664 Page 7 Department of Finance ARGUMENTS IN SUPPORT: The American Federation of State, County, and Municipal Employees (AFSCME) states that, under the state's current assessment process, HCBS consumers undergo unnecessary and duplicative assessments, and that this bill will require a formal evaluation of the UAT pilot to ensure that the state's UAT properly shifts HCBS assessment to a person-centered approach integrating all aspects of an individual's care coordination. AFSMCE states the evaluation proposed in this bill is necessary, because if the UAT is successful, the Legislature should expand the program to all California counties. ARGUMENTS IN OPPOSITION: The Department of Finance writes in opposition to the previous version of this bill that it believes this bill is unnecessary, may be difficult to implement and imposes additional costs on the state's General Fund that are not included in the 2015 Budget Act. ASSEMBLY FLOOR: 80-0, 6/1/15 AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins Prepared by:Scott Bain / HEALTH / 8/31/15 8:54:40 **** END **** AB 664 Page 8