BILL ANALYSIS Ó AB 1018 Page 1 Date of Hearing: April 29, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 1018 (Cooper) - As Amended April 13, 2015 ----------------------------------------------------------------- |Policy |Health |Vote:|18 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill modifies provisions related to funding for Medi-Cal Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) services to allow schools to provide, and be reimbursed for, services directly. Specifically, this bill: AB 1018 Page 2 1)Requires the California Department of Health Care Services (DHCS) to allow county mental health plans (MHPs) to contract with local education agencies (LEAs) to provide services for Medi-Cal eligible pupils under EPSDT. 2)Requires DHCS, in counties where the local education agency (LEA) does not have a contract with the county MHP, to allow the MHP to obtain federal funds on behalf of nonpublic agencies that contract with LEAs to provide those services, as specified. 3)States that unless otherwise precluded by federal law, LEAs and nonpublic agencies shall be reimbursed for specified EPSDT services. 4)Specifies LEAs provide matching funds for the services. 5)Defines services that a county MHP may contract for, or for which a nonpublic agency may receive federal financial participation. 6)Requires DHCS to examine methodologies for increasing LEA participation in the Medi-Cal program so that schools can meet the educationally related health care needs of their pupils, which includes simplifying the claiming processes for Medi-Cal billing. 7)Requires DHCS to seek necessary federal approvals. FISCAL EFFECT: 1)One-time administrative costs to DHCS (GF/federal), likely in the hundreds of thousands of dollars, to renegotiate a federal waiver or develop a state plan amendment, issue guidance to clarify responsibility for provision of services, make any necessary adjustments to contracts with county MHPs, examine AB 1018 Page 3 methodologies to simplify billing, and set up a separate billing and claiming structure for LEAs directly providing EPSDT services. 2)Significant ongoing additional administrative costs to DHCS to oversee and certify LEAs and other providers as direct providers of EPSDT services (GF/federal). DHCS is the single state agency responsible for certifying all federally reimbursed Medi-Cal expenditures. Ongoing costs would depend on how many LEAs and other providers chose to provide EPSDT services directly. 3)If direct billing by LEAs for EPSDT services becomes widespread, and assuming EPSDT services are paid for with Proposition 98 dollars, it could result in significant increased fiscal pressure on Proposition 98, proportionate to the dollar amount of services billed. The state already provides funding directly to counties to provide EPSDT services to eligible children. If EPSDT services were provided directly through schools without county MHP contracts and Proposition 98 funds were used instead, the state would be, in a sense, paying twice for those services. Since a redirection of Prop 98 funds for EPSDT would leave less funding available for other services, the bill would result in cost pressure to Proposition 98. COMMENTS: 1)Purpose. According to the author, there is currently no state policy or direction on how an LEA can seek direct access to EPSDT mental health funding. Instead, each LEA or Special Education Local Plan Area (SELPA) must negotiate separately with each county MHP in order to be able to provide and be reimbursed for EPSDT mental health services for eligible students. Each MHP determines locally whether they want the LEA or SELPA to provide these services. The author contends that in 2011, the state shifted 100% of the service responsibility for the mental health special education needs of children, but left responsibility for EPSDT services with AB 1018 Page 4 counties, and did not provide schools access to EPSDT funding. 2)Federal IDEA requirements on schools. The federal Individuals with Disabilities Education Act (IDEA) entitles all children with disabilities to a free, appropriate public education that prepares them to live and work in the community, including mental health treatment services necessary to benefit from their education. Pursuant to IDEA, LEAs define the services students with disabilities need in order to benefit from their education through an individualized education program (IEP). An IEP can include mental health services. 3)County Mental Health and EPSDT. The 2011 realignment left counties fully responsible for providing and funding specialty mental health services for Medi-Cal eligible individuals. Through contracts with the state DHCS, and pursuant to a specialty mental health waiver with the federal government, county MHPs are responsible for funding and providing EPSDT mental health services to Medi-Cal eligible children who meet clinical criteria. EPSDT is a broad set of services available to Medi-Cal eligible children, but the mental health portion of EPSDT is a smaller set of services which include group therapy, family therapy, case management, crisis counseling, medication, and other medically necessary services for children with serious mental illness. County MHPs fulfill EPSDT obligations through direct service provision and contracts. Many county MHPs contract with LEAs or Special Education Local Plan Area (SELPAs) to provide certain services. County MHPs pay 100% of the costs of services and submit reimbursement claims to the federal government, through DHCS, to claim federal financial participation (FFP). By claiming FFP, counties can be reimbursed for about 50% of their costs. Counties fund their portion of the cost of these services through a combination of 2011 realignment funding, 1991 realignment funding, and Proposition 63 funds. AB 1018 Page 5 4)Recent Shifts of Responsibility. The roles and responsibilities of county mental health departments and LEAs to provide mental health services to students have changed over the years. Prior to 1984, school districts were responsible for providing all special education services to children. In 1984, the Legislature enacted AB 3632, which transferred responsibility for providing mental health services to special education pupils from school districts to county mental health departments. The intent was to build on counties' existing expertise, and provide collaboration between schools and public mental health. AB 3632 services were deemed a state-reimbursable mandate. In 2010, during the state's recent fiscal crisis, state funding for AB 3632 was vetoed and the mandate was suspended. AB 114 (Budget Committee), Chapter 43, Statutes of 2011, repealed provisions of AB 3632, and realigned responsibility for mental health services back to school districts. The federal IDEA now serves as the statutory framework for the provision of required services. The California Department of Education (CDE) provides guidance to LEAs on numerous aspects of this transition, including options LEAs have for claiming federal matching funds for qualifying services provided to Medi-Cal eligible children. The issue here appears to be when there is overlap between IDEA and EPSDT, that is, when students are Medi-Cal eligible, eligible for specialty mental health services through a county mental health plan, and, in absence of Medi-Cal eligibility, would be provided services pursuant to IDEA by the school. In most counties, there appear to be successful partnerships to provide needed services to these children, which often involve school-based delivery of care. 5)LEA Billing Option Program. There is already an established mechanism through which LEAs can be reimbursed for providing certain Medi-Cal services on a fee-for-service basis to Medi-Cal eligible children. Through the LEA Billing Option Program, LEAs pay for the services with local funds, then file AB 1018 Page 6 claims for federal reimbursement. LEAs are generally reimbursed 50 cents for every dollar spent, minus funds withheld for DHCS administrative costs. Thus, the program is fully funded with a combination of local and federal funds; there is no GF cost. LEAs are only able to submit claims for services allowable under the federally approved State Plan for the LEA Medi-Cal Billing Option Program. There is some crossover with the list of services provided through EPSDT. EPSDT services that are also reimbursable through this program include psychology and counseling, case management, mental health assessments, nursing services, and other health services. 6)Opposition. The California Council of Community Mental Health Agencies states in opposition that this bill would require the state to seek federal approval to expand the scope of the school Medi-Cal billing option for LEAs to provide all services covered by the EPSDT county mental health program. According to the opposition, this is the wrong approach to this issue, as it ignores the need for a partnership between counties and schools. Moreover, it is not likely to be successful in getting federal approval as it is inconsistent with the managed care approach of the Medi-Cal county mental health system. The opposition states that a better approach is to ensure that counties fulfill their responsibilities to provide services to Medi-Cal enrolled students under the EPSDT program and partner with schools to identify and serve all youth who may need such services. 7)Related Legislation. a) AB 1025 (Thurmond), pending in Assembly Education, requires CDE to establish a three-year pilot program to encourage inclusive practices that integrate mental health, special education, and school climate interventions following a multitiered framework. b) AB 1133 (Achadjian), pending in Assembly Health, makes AB 1018 Page 7 technical changes to existing law regarding grants to LEAs to pay the state share of costs of providing school-based early mental health intervention and prevention services to eligible students. 8)Prior Legislation. a) AB 114 (Committee on Budget), Chapter 43, Statutes of 2011, a companion measure to the 2011-12 Budget bill, relieved county mental health departments of the responsibility to provide mental health services to students with disabilities (AB 3632 program) and transferred that responsibility to school districts. b) AB 2212 (Gray) of 2014 was substantially similar to this bill and was held on the Suspense File of this committee. 9)Staff Comments. Through 2011 realignment, the state has completed the realignment of EPSDT services for Medi-Cal eligible children to counties, providing them both the responsibility and funding for these services. In many parts of the state, LEAs have entered contracts or MOUs to ensure appropriate services are provided to students who need them. It appears this bill intends to allow LEAs who are not able to secure contracts from MHPs to provide EPSDT services to bypass county MHPs, who are statutorily responsible for providing and funding such services. This raises the following issues: a) Paying twice? The state is already providing funding directly to counties to provide EPSDT services. If the state were to allow LEAs to use Proposition 98 funding to directly draw down federal reimbursement to provide EPSDT services at the discretion of the LEA and outside of the county MHP structure, the state may be double-paying for those services. In effect, there would be an increase in Proposition 98 funding of EPSDT services without a decrease in county funding for such services. The net effect would be to reduce the funding available for other non-EPSDT Proposition 98 activities, increasing cost pressure on AB 1018 Page 8 Proposition 98. b) Definition of the Problem and Solution? Overall, from a state fiscal perspective, it makes sense to maximize federal reimbursement for EPSDT services provided to students with serious mental illness. If schools are directly providing or contracting for such services because of the federal IDEA mandate, and are not under contract with a county MHP, Proposition 98/GF is paying 100% of the costs of those services, which seems suboptimal. However, it should be noted that (1) not all mental health services provided by schools in order to meet IDEA requirements would be federally reimbursable, either because they are provided to children who are not Medi-Cal eligible or because the services are not covered EPSDT benefits, and (2) there are significant bureaucratic strings attached to claiming FFP, including administrative and audit requirements. According to the existing law structure, in an ideal scenario that is to the mutual benefit of the child requiring services, the school, and the state General Fund, anything that is an EPSDT service provided to a Medi-Cal eligible student should be provided through the coordinated structure of the county MHP and in a manner that works well for the student. Often, this will be school-based delivery of care. If there are local conditions where county MHPs are not making appropriate arrangements for children to get the care they are entitled to, a better approach may be to provide oversight of those county MHPs, or create a formal mechanism by which schools can raise and resolve issues relating to the adequacy of care, with state mediation and intervention if necessary. If, on the other hand, the problem in question is that the schools simply prefer to be the providers of these services, but the county MHPs find that a different mechanism of delivering the care is preferable, that seems more an issue of local coordination. For better or worse, the state has put those choices into the hands of counties through realignment. Finally, because of the dual mandate and the overlap in eligibility for mental health services AB 1018 Page 9 through IDEA and EPSDT, it may be worth considering clarifying the responsibility of schools versus county MHPs to provide services for students entitled to those services through both IDEA and EPSDT, including who is the primary payer and who is the secondary payer, either through statute or through DHCS technical assistance or guidance. Analysis Prepared by:Lisa Murawski / APPR. / (916) 319-2081