BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON HEALTH
                          Senator Ed Hernandez, O.D., Chair

          BILL NO:                    AB 1114             
           --------------------------------------------------------------- 
          |AUTHOR:        |Bonilla                                        |
          |---------------+-----------------------------------------------|
          |VERSION:       |June 15, 2015                                  |
           --------------------------------------------------------------- 
           --------------------------------------------------------------- 
          |HEARING DATE:  |June 24, 2015  |               |               |
           --------------------------------------------------------------- 
           --------------------------------------------------------------- 
          |CONSULTANT:    |Scott Bain                                     |
           --------------------------------------------------------------- 
          
           SUBJECT  :  Health care: eligibility and enrollment.

           SUMMARY  : Defines "forms and notices" for purposes of existing  
          requirements for insurance affordability program-related  
          application forms and notices to mean 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, thereby requiring these forms and  
          notices to be translated in the same threshold languages as  
          required for Medi-Cal managed care plans.

          Existing law:
          1)Requires a single, accessible, standardized paper, electronic,  
            and telephone application for insurance affordability programs  
            to be developed by the Department of Health Care Services  
            (DHCS) in consultation with the Covered California board, as  
            part of a stakeholder process.

          2)Requires the application to be used by all entities authorized  
            to make an eligibility determination for any of the insurance  
            affordability programs and by their agents.

          3)Permits DHCS to develop and require the use of supplemental  
            forms to collect additional information needed to determine  
            eligibility on a basis other than Modified Adjusted Gross  
            Income. 

          4)Establishes requirements for the required forms, including  
            using simple, user-friendly language and instructions, and to  
            only require necessary information. Requires notices developed  
            under the above-described provisions to be accessible and  
            standardized, as appropriate, and to comply with federal and  







          AB 1114 (Bonilla)                                  Page 2 of ?
          
          
            state laws, regulations, and guidance prohibiting  
            discrimination, to be developed using plain language and to be  
            provided in a manner that affords meaningful access to  
            limited-English-proficient (LEP) individuals, in accordance  
            with applicable state and federal law, and at a minimum,  
            provided in the same threshold languages as required for  
            Medi-Cal managed care plans.
          
          This bill defines "forms and notices" for purposes of existing  
          requirements for insurance affordability program-related  
          application forms and notices to mean 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, thereby requiring these forms and  
          notices to be translated in the same threshold languages as  
          required for Medi-Cal managed care plans.

           FISCAL  
          EFFECT  :  According to the Assembly Appropriations Committee:

          1)Implementation costs for translation and information  
            technology (IT) services to Covered California/DHCS, 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.

           PRIOR  
          VOTES  :  
          
           ----------------------------------------------------------------- 
          |Assembly Floor:                     |79 - 0                      |
          |------------------------------------+----------------------------|
          |Assembly Appropriations Committee:  |17 - 0                      |
          |------------------------------------+----------------------------|
          |Assembly Health Committee:          |18 - 0                      |








          AB 1114 (Bonilla)                                  Page 3 of ?
          
          
          |                                    |                            |
           ----------------------------------------------------------------- 
           
          COMMENTS  :
          1)Author's statement. According to the author, language is a  
            significant barrier to health care access and coverage for  
            many Californians statewide. Forty percent of Medi-Cal members  
            speak a language other than English, with 500,000 of those  
            members speaking a language other than Spanish. This bill will  
            help ensure that those who have limited proficiency in English  
            will not only be able to access health care through Medi-Cal  
            and Covered California, but can continue to renew their  
            coverage and understand their notices to receive the care  
            necessary for their health and well-being.
          
          2)Background. AB 1296 (Bonilla, Chapter 641, Statutes of 2011),  
            the Health Care Eligibility, Enrollment, and Retention Act,  
            requires the California Health and Human Services Agency, in  
            consultation with other state departments and stakeholders, to  
            undertake a planning process to develop plans and procedures  
            regarding these provisions relating to enrollment in state  
            health programs and federal law. AB 1296 also established the  
            existing law requirements for the application form for  
            insurance affordability programs, which are Medi-Cal and  
            coverage with premium or cost-sharing subsidies in Covered  
            California.


            In 2014, a lawsuit was filed alleging that DHCS failed, among  
            other requirements, to perform its duty to translate the 2014  
            redetermination forms in the Medi-Cal threshold languages. The  
            petitioners contended that DHCS is responsible for ensuring  
            languages access in the Medi-Cal program pursuant to Title VI  
            of the federal Civil Rights Act of 1964, Government Code  
            Section 11135, and California's Dymally-Alatorre Bilingual  
            Services Act, and that DHCS translated redetermination forms  
            into the eleven written Medi-Cal threshold languages in prior  
            years. The petitioners sought an injunction preventing DHCS  
            from terminating any Medi-Cal benefits until the 2014  
            redetermination forms were translated into the eleven  
            threshold languages and sent to beneficiaries. 

            The court denied the request for a preliminary injunction,  
            finding that the Dymally-Alatorre Bilingual Services Act  
            provided an alternative to translation of the redetermination  








          AB 1114 (Bonilla)                                  Page 4 of ?
          
          
            forms through the use of translation aids, translation guides  
            or through the use of qualified bilingual individuals. The  
            court also found that the requirements governing Medi-Cal  
            redetermination forms were in a code section separate from the  
            provisions of Health Care Eligibility, Enrollment, and  
            Retention Act. The court stated that if the Legislature wanted  
            to mandate translation of redetermination forms into threshold  
            languages for LEP individuals, it could have included such  
            language in the redetermination statute rather than simply  
            requiring such redetermination forms and notices to be  
            "accessible" to LEP individuals.

          3)Support. This bill is sponsored by Western Center on Law and  
            Poverty (WCLP) and supported by other consumer groups to  
            clarify that Medi-Cal and Covered California renewal forms and  
            notices must be translated into and issued in the thirteen  
            Medi-Cal threshold languages. WCLP states California's  
            population is incredibly diverse racially, culturally and  
            linguistically. WCLP states Medi-Cal has a tradition of  
            translating its vital documents including applications,  
            renewal forms and notices of action into the Medi-Cal  
            threshold languages to provide needed language access for its  
            diverse LEP members. 

          Prior to adoption of the Affordable Care Act (ACA) the Medi-Cal  
            annual redetermination forms were translated into the Medi-Cal  
            threshold languages. When the state developed its joint paper  
            health care application for Medi-Cal and Covered California in  
            2013, that application was similarly translated into all the  
            threshold languages. However, in 2014 neither Medi-Cal nor  
            Covered California redetermination forms or notices nor  
            notices of action were issued into languages other than  
            Spanish. The 2015 Medi-Cal pre-populated renewal form was  
            translated into the threshold languages and issued in January  
            2013 but it has not yet been programmed and put into use. The  
            result is that, while the single streamlined application asks  
            applicants what their preferred written language is and the  
            state has a record of this language, forms and notices have  
            not been sent in the applicants' language. WCLP believes  
            existing law was intended to require translation of the  
            renewal form, but neither the Medi-Cal nor Covered California  
            renewal forms or notices were translated into the threshold  
            languages in 2014 and DHCS has given conflicting accounts of  
            whether it believes it is obligated to do so. WCLP is  
            sponsoring this clarification that "forms and notices"  








          AB 1114 (Bonilla)                                  Page 5 of ?
          
          
            requiring translation include renewal forms and all forms and  
            notices related to either eligibility or benefits as its local  
            legal services partners have been helping consumers who cannot  
            understand the termination notices they receive because they  
            did not understand any of the requests for information they  
            were sent and did not understand what they needed to do to  
            keep their health coverage. This creates undue stress and  
            missed appointments or prescriptions. 

           SUPPORT AND OPPOSITION  :
          Support:  Western Center on Law and Poverty (sponsor)
                    Alameda Health Consortium
                    American Federation of State, County and Municipal  
                    Employees
                    Asian Americans Advancing Justice - Los Angeles
                    Asian Law Alliance
                    California Pan-Ethnic Health Network
                    California Primary Care Association
                    Community Clinic Association of Los Angeles County
                    Community Health Councils, Inc.
                    Consumers Union
                    Health Access 
                    Justice in Aging
                    National Health Law Program
                    National Immigration Law Center
                    Project Inform
                    Southeast Asian Resource Action Center
          
          Oppose:   None received
                                      -- END --