BILL ANALYSIS Ó AB 1114 Page 1 ASSEMBLY THIRD READING AB 1114 (Bonilla) As Amended April 16, 2015 Majority vote ------------------------------------------------------------------- |Committee |Votes |Ayes |Noes | | | | | | | | | | | |----------------+------+--------------------+----------------------| |Health |18-0 |Bonta, Maienschein, | | | | |Bonilla, Burke, | | | | |Chávez, Chiu, | | | | |Gomez, Gonzalez, | | | | | | | | | | | | | | |Roger Hernández, | | | | |Lackey, Nazarian, | | | | |Patterson, | | | | |Rodriguez, | | | | |Santiago, | | | | |Steinorth, | | | | |Thurmond, Waldron, | | | | |Wood | | | | | | | | | | | | |----------------+------+--------------------+----------------------| |Appropriations |17-0 |Gomez, Bigelow, | | | | |Bonta, Calderon, | | | | |Chang, Daly, | | | | |Eggman, Gallagher, | | AB 1114 Page 2 | | | | | | | | | | | | |Eduardo Garcia, | | | | |Gordon, Holden, | | | | |Jones, Quirk, | | | | |Rendon, Wagner, | | | | |Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------- 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 care plans. FISCAL EFFECT: According to the Assembly Appropriations Committee: AB 1114 Page 3 1)Implementation costs for translation and information technology (IT) services to Covered California / Department of Health Care Services, which are joint sponsors of the California Healthcare Eligibility, Enrollment, and Retention System (CalHEERS), potentially in the range of $2 million (General Fund (GF)/federal funds/special funds). The vast majority of this cost is for IT. 2)Unknown, potential ongoing cost pressure to the state (GF/federal funds/special funds) for county administrative costs. Counties determine eligibility for Medi-Cal and Covered California, and would incur additional costs if additional translations are necessary beyond the standard translations included in the automated CalHEERS system. COMMENTS: 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 time, but also continue to renew their coverage to receive sustained care. 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 AB 1114 Page 4 is a piecemeal solution to a statewide issue. 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 consumer's due process rights. Supporters note this bill is necessary to clarify existing law and ensure Californians better understand their healthcare coverage. This bill has no known opposition. Analysis Prepared by: An-Chi Tsou / HEALTH / (916) 319-2097 FN: 0000718