BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1114


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          Date of Hearing:   April 21, 2015


                            ASSEMBLY COMMITTEE ON HEALTH


                                  Rob Bonta, Chair


          AB 1114  
          (Bonilla) - As Amended April 16, 2015


          SUBJECT:  Health care:  eligibility and enrollment.


          SUMMARY:  Clarifies existing law regarding the documents  
          necessary to retain eligibility, benefits or services from  
          Medi-Cal and subsidized programs under Covered California, as  
          defined.  Specifically, this bill:  


          1)Defines "forms, letters, and notices" as all application,  
            renewal, and other forms and letters needed to obtain or  
            retain eligibility, benefits, or services from an insurance  
            affordability program, and all notices affecting the legal  
            rights of applicants, beneficiaries and enrollees.


          2)Requires all forms, letters and notices developed pursuant to  
            this bill to be accessible, standardized, and in compliance  
            with federal and state laws, regulation, and guidance.


          3)Requires all forms, letters, and notices developed pursuant to  
            this bill to be written in plain language, be accessible to  
            limited English proficient (LEP) individuals in accordance  
            with state and federal law, and at a minimum, provided at the  
            same threshold of languages as required for Medi-Cal managed  








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            care plans.

          EXISTING LAW:  




          1)Requires the California Health and Human Services Agency, in  
            consultation with specified entities, to establish  
            standardized single, accessible application forms and related  
            renewal procedures for state subsidy programs.

          2)Requires all forms and notices developed according to the  
            Health Care Eligibility, Enrollment, and Retention Act (Act)  
            be accessible and standardized, as appropriate, and must  
            comply with federal and state laws, regulations, and guidance  
            prohibiting discrimination.

          3)Requires all forms and notices be developed using plain  
            language and provided in a manner that affords meaningful  
            access to LEP individuals in accordance with state and federal  
            law, and at a minimum, provided at the same threshold  
            languages as required for Medi-Cal managed care plans.

          FISCAL EFFECT:  None


          COMMENTS:  


          1)PURPOSE OF THIS BILL.  The author states language is a  
            significant barrier to health care access and coverage to  
            Californians.  While the Health Care Eligibility, Enrollment,  
            and Retention Act has made progress in ensuring that  
            Californians are in compliance with the Patient Protection and  
            Affordable Care Act (ACA) and receiving the health care  
            coverage they need, significant challenges remain for many LEP  
            individuals.  The author states this bill will help ensure LEP  
            individuals not only have access to health care for the first  








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            time, but also continue to renew their coverage to receive  
            sustained care.
          2)BACKGROUND.



             a)   Federal and State Authority.  Title VI of the Civil  
               Rights Act of 1964 prohibits discrimination on the basis of  
               race, color, and ethnic origin in all state programs that  
               receive federal financial assistance.  Federal courts have  
               interpreted discrimination by national origin to include  
               language.  The Dymally-Alatorre Bilingual Services Act of  
               1973 was enacted by California to ensure that individuals  
               who do not speak or write English still maintain access to  
               public services; the law specifically requires state and  
               local agencies to ensure they provide services and  
               assistance in their constituents' languages.
             
             b)   Primary Languages of Medi-Cal-Eligible Californians.   
               State regulations require California to define threshold  
               languages to help determine the need for services for  
               various LEP populations.  Forty percent of Medi-Cal  
               eligible individuals statewide reported a language other  
               than English as their primary language, and met the  
               statutory criteria for a threshold language population.   
               Thirteen languages qualified as threshold languages.


             
             c)   Covered California and Medi-Cal Forms and Notices.  The  
               ACA expanded private health insurance to millions of  
               previously uninsured Californians through its health  
               benefit exchange, also known as Covered California.   
               Medi-Cal is California's state Medicaid program, which  
               provides health insurance to low-income individuals with  
               incomes at 138% of the federal poverty level.  The Covered  
               California and Medi-Cal application forms are currently  
               available in 12 languages.  Renewal forms for these  
               programs are not currently available in these languages.








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             d)   Recent Litigation.  On November 17, 2014, the Western  
               Center on Law & Poverty and other consumer advocacy groups  
               filed a petition for a writ of mandate against the  
               Department of Health Care Services (DHCS) due to the  
               failure of DHCS to translate 2014 Medi-Cal renewal forms  
               into languages other than English and Spanish.  The  
               plaintiffs alleged DHCS was in acting in violation of Title  
               VI of the Civil Rights Act and California's  
               Dymally-Alatorre Bilingual Services Act.  On February 19,  
               2015, the court denied part of the motion, citing that  
               existing law on renewal forms does not explicitly require  
               such translation.


             
          3)SUPPORT.  Western Center on Law & Poverty, the sponsor of this  
            bill, states that the lack of translated and  
            language-accessible renewal materials is resulting in many  
            consumers not understanding requests for information required  
            to maintain their health coverage.  This has led to undue  
            stress and discontinued access to necessary health care  
            services for LEP Medi-Cal beneficiaries, following receipt of  
            Medi-Cal termination notices.  The sponsor notes that some  
            counties within the state have begun to translate some of the  
            forms into their own threshold languages; however this is a  
            piecemeal solution to a statewide issue.  The sponsor asserts  
            Californians should receive important information about their  
            health coverage in their primary language.  The sponsor  
            concludes this bill is necessary to clarify which health care  
            forms are required to be translated for consumers, as a court  
            recently ruled that existing statute does not explicitly  
            contain translation requirements for all forms.
          
            Supporters of this bill state that any notice to a consumer  
            not provided in his or her primary language is legally  
            insufficient to be considered proper notice in terms of a  








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            consumer's due process rights.  Supporters note this bill is  
            necessary to clarify existing law and ensure Californians  
            better understand their healthcare coverage.


            
          4)RELATED LEGISLATION.  AB 635 (Toni G. Atkins) establishes the  
            Medi-Cal Medical Interpretation services program at DHCS to  
            provide and reimburse for certified medical interpretation  
            services to LEP Medi-Cal enrollees.  AB 635 passed this  
            Committee on April 14, 2015 by a vote of 16-0 is currently  
            pending in the Assembly Appropriations Committee.
          
          5)PREVIOUS LEGISLATION.



             a)   AB 505 (Nazarian), Chapter 788, Statutes of 2014,  
               requires all managed care plans contracting with the DHCS  
               to provide Medi-Cal services, except as specified, to  
               provide language assistance services, which includes oral  
               interpretation and translation services, to LEP Medi-Cal  
               beneficiaries.
             
             b)   AB 411 (Pan) of 2014 would have provided that DHCS  
               require all Medi-Cal managed care plans to analyze quality  
               performance measures, by race, ethnicity, and primary  
               language to identify disparities in medical treatment and  
               to implement strategies to reduce disparities.  AB 411 was  
               vetoed by the Governor, in his veto message, he stated  
               existing law already allows DHCS to procure the additional  
               data, if it sees a need or benefit that justifies the cost.


             
             c)   AB 1263 (John A. Pérez) of 2013 would have established  
               the Medi-Cal Patient Centered Communication (CommuniCal)  
               program at DHCS to provide and reimburse for certified  
               medical interpretation services to LEP Medi-Cal enrollees.   








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               Would have established a certification process and registry  
               of CommuniCal certified medical interpreters at the  
               California Department of Human Resources and granted  
               CommuniCal certified medical interpreters collective  
               bargaining rights with the state.  AB 1623 was vetoed by  
               the Governor.



             d)   AB 1296 (Bonilla), Chapter 641, Statutes of 2011,  
               establishes the Health Care Eligibility, Enrollment, and  
               Retention Act, and requires the California Health and Human  
               Services Agency, in consultation with other state  
               departments and stakeholders, to have undertaken a planning  
               process to develop plans and procedures regarding these  
               provisions relating to enrollment in state health programs  
               and federal law. 





          REGISTERED SUPPORT / OPPOSITION:




          Support


          Western Center on Law & Poverty (sponsor)


          Asian Americans Advancing Justice - Los Angeles


          Alameda Health Consortium










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          Asian Law Alliance


          California Primary Care Association


          Community Health Councils, Inc.


          California Pan-Ethnic Health Network


          Health Access California


          National Health Law Program


          National Immigration Law Center


          Southeast Asian Resource Action Center




          Opposition


          None on file.




          Analysis Prepared by:An-Chi Tsou / HEALTH / (916) 319-2097












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