BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 1114 (Bonilla) - Health care:  eligibility and enrollment
          
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          |Version: June 15, 2015          |Policy Vote: HEALTH 8 - 0       |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: July 13, 2015     |Consultant: Brendan McCarthy    |
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          This bill meets the criteria for referral to the Suspense File.

          Bill  
          Summary:  AB 1114 would define the "forms and notices" that are  
          required to be translated into threshold languages as part of  
          the application and enrollment process for Medi-Cal and coverage  
          through Covered California.


          Fiscal  
          Impact:  
           Ongoing costs of about $200,000 per year to oversee the  
            translation of documents and incorporation of those translated  
            documents into the automated systems for establishing  
            eligibility and enrollment in health care coverage (General  
            Fund and federal funds).

           One-time costs up to $2 million to translate documents into  
            the required threshold languages (General Fund and federal  
            funds). Under current law, the Department is required to  
            translate the single application into the threshold languages.  
            However, the Department is not specifically required to  
            translate redetermination forms, notices of action, or forms  
            and letters explaining benefits into the threshold languages.  







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            According to the Department, the exact number of documents or  
            pages within those documents in not known, but could be as  
            high as 1,000 total pages. The estimated cost for translation  
            of these kind of documents is about $1,000 per page.

           Unknown costs to make programmatic changes to information  
            technology systems (General Fund, federal funds, special  
            fund). Through the CalHEERs system, eligibility determinations  
            and notifications for Medi-Cal and Covered California are  
            largely automated. Currently, CalHEERs has only been  
            programmed to issue redetermination forms or notices of action  
            in English or Spanish (depending on the applicant's stated  
            language preference). In order to issue redetermination forms,  
            notices of action, and other documents in the  
            applicant/enrollee's language of preference, the CalHEERs  
            system will need programming changes.


          Background:  Under current law, Medi-Cal and Covered California are  
          required to provide the single application for coverage in  
          "threshold languages".  The threshold depends on the size of the  
          plan's enrollment and the number of limited-English proficient  
          enrollees. Currently there are thirteen threshold languages in  
          the state with regards to Medi-Cal (Spanish, Vietnamese,  
          Cantonese, Mandarin, Farsi, Cambodian, Korean, Tagalog, Russian,  
          Armenian, Arabic, Hmong and other Chinese languages).
          Prior to the implementation of CalHEERs and the joint  
          application process for Medi-Cal and Covered California,  
          redetermination forms were translated into threshold languages  
          and sent to enrollees based on the enrollee's language  
          preference. However, after the implementation of the single  
          application process, redetermination forms and notices of action  
          have only been sent in English and Spanish.


          AB 1296 (Bonilla, Statutes of 2011) created a process for the  
          Department of Health Care Services and Covered California to  
          develop plans and procedures for enrollment in state health care  
          programs. The sponsors of that bill indicate that their  
          intention was to require enrollment applications as well as  
          redetermination forms and notices to be translated into the  
          Medi-Cal threshold languages. However, the Department of Health  
          Care Services has not done so and a court has ruled that current  
          law only requires the enrollment form to be translated into the  








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          threshold languages. (Although there are more general  
          requirements in state and federal law requiring access to  
          services for limited English-speaking populations.)




          Proposed Law:  
            AB 1114 would define the "forms and notices" that are required  
          to be translated into threshold languages as part of the  
          application and enrollment process for Medi-Cal and coverage  
          through Covered California.
          The bill would define "forms and notices" to include  
          application, renewal, and other forms and letters needed to  
          obtain or retain eligibility, benefits, or services, and all  
          notices affecting the legal rights of applicants, beneficiaries,  
          and enrollees.




          Staff  
          Comments:  The definition of "forms and notices" in the bill is  
          very broad, and could encompass documents including application  
          forms and notices of action, but also information on Medi-Cal  
          managed care plan choices, benefits covered by Medi-Cal,  
          processes for appealing decisions by the Medi-Cal program and/or  
          a Medi-Cal managed care plan, and many other documents. 


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