BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1117


                                                                    Page  1





          Date of Hearing:  April 21, 2015


                            ASSEMBLY COMMITTEE ON HEALTH


                                  Rob Bonta, Chair


          AB 1117  
          (Cristina Garcia) - As Amended March 26, 2015


          SUBJECT:  Medi-Cal:  vaccination rates.


          SUMMARY:  Establishes a pilot program in Medi-Cal to reward  
          Medi-Cal managed care organizations (MCOs) and providers for  
          vaccinating children younger than two years of age.   
          Specifically, this bill:  


          1)Directs the Department of Health Care Services (DHCS) to  
            establish and administer the California Childhood Immunization  
            Quality Improvement Fund (CCIQIF).


          2)Requires DHCS to apply to the Federal Center for Medicare and  
            Medicaid Services (CMS) for a waiver or demonstration project  
            to implement the CCIQIF within 120 days of the enactment of  
            this bill.


          3)Establishes that the demonstration project shall operate for a  
            period of five years.


          4)Requires DHCS to consult with stakeholders including the  
            Medi-Cal Children's Health Advisory Panel and the Managed Care  








                                                                    AB 1117


                                                                    Page  2





            Advisory workgroup.


          5)Requires DHCS to develop a plan for the collection and  
            expenditures of CCIQIF moneys.


          6)Directs DHCS to finance the program with voluntary  
            contributions from MCOs which must be used to draw down  
            federal match for the program.


          7)Provides that 33.3% of CCIQIF expenditures shall be used on  
            providers to support providers in employing strategies to  
            improve immunization rates within their practices.


          8)Requires DHCS develop these strategies after consideration of  
            public comment.


          9)Provides that 66.7% of CCIQIF expenditures shall be allocated  
            to MCOs for reward payment for each enroll who receives all  
            recommended vaccinations by the by the time he or she reaches  
            two years of age.


          10)Requires plans to roll over at least 20% of the CCIQIF funds  
            used for reward payments to contract providers based on the  
            number of Medi-Cal enrollees who are under two years of age in  
            each provider's respect panel.


          11)Requires DHCS to contract with the University of California  
            or other researchers to develop and submit an evaluation of  
            the effectiveness of the demonstration project after the first  
            three years of the project have been completed.










                                                                    AB 1117


                                                                    Page  3





          12)Limits the evaluation to be financed with no more than 5% of  
            the annual CCIQIF program expenditures during the year the  
            evaluation is completed.


          13)Provides the demonstration project shall be implemented only  
            if federal financial participation is available and any  
            necessary federal approvals have been obtained. 


          EXISTING LAW:  


          1)Establishes the Medi-Cal program, administered by DHCS, under  
            which qualified low income individuals receive health care  
            services.  



          2)Establishes requirements for Medi-Cal managed care plans,  
            which includes vaccinations as part of the covered services in  
            accordance with the Child Health and Disability Prevention  
            (CHDP) periodicity schedule and under the preventive services  
            benefit under the Medicaid Early Periodic, Screening, Testing,  
            and Diagnosis and Treatment (EPSDT), within the contracting  
            authority and capitation rate negotiated and paid by the  
            state.


          3)Provides for the regulation of health plans by the Department  
            of Managed Health Care (DMHC).


          4)Requires health plans licensed under the Knox-Keene Health  
            Care Service Plan Act of 1975 to cover all medically necessary  
            basic health care services, as defined.  Defines basic health  
            care services to include:  physician services; hospital  
            inpatient and outpatient services, including outpatient  
            physical, occupational, and speech therapy; diagnostic  








                                                                    AB 1117


                                                                    Page  4





            laboratory and x-ray services; preventive and routine care,  
            such as vaccinations and routine checkups; emergency and  
            urgent care services, including ambulance and out-of-area  
            emergency services; and, medically appropriate home health  
            services.


          5)Requires every health plan or health insurer that covers  
            hospital, medical, or surgical expenses on a group basis to  
            provide benefits for the comprehensive preventive care of  
            children 16 years of age or younger, as specified.  Requires  
            every health plan or health insurer that covers hospital,  
            medical, or surgical expenses on a group basis to offer  
            benefits for the comprehensive preventive care of children 17  
            and 18 years of age.


          6)Requires that comprehensive preventive care for children for  
            purposes of 3) above include periodic health evaluations,  
            immunizations, and laboratory services in connection with  
            periodic health evaluations.


          7)Requires a health plan to reimburse a physician for  
            immunizations within 45 days of receiving from the physician  
            documentation that the immunizations were administered.
          FISCAL EFFECT:  This bill has not yet been analyzed by a fiscal  
          committee.


          COMMENTS:  


          1)PURPOSE OF THIS BILL.  According to the author, Medi-Cal  
            health plans and providers need greater investments and  
            supports to provide the quality health care services that they  
            are required to deliver to young children and that parents and  
            taxpayers deserve.  The author argues this bill would bring  
            additional resources to the health care system to help improve  








                                                                    AB 1117


                                                                    Page  5





            California's relatively low vaccination rates for 2-year-olds,  
            without impacting parents' ability to make decisions about  
            their children's health care.  The author notes there is no  
            existing law to incentivize Medi-Cal managed care plans and  
            providers to fully immunize 2-year-olds, and as a result,  
            Medi-Cal has been chronically plagued by low childhood  
            immunization rates resulting in inefficient use of public  
            monies and creating a serious public health risk, as  
            demonstrated by the recent whooping cough and measles  
            outbreaks. The author states the goal of this bill  is to  
            improve health care quality for children in Medi-Cal by  
            significantly helping DHCS reach its stated goal of increasing  
            the childhood immunization rate from 75% in 2013 to 80% in  
            2016.  The author concludes by stating that, this bill will  
            create a "pay-for-performance" (P4P) incentive as an  
            enhancement strategy for Medi-Cal health plans, so that all  
            participating health plans will recoup at least some portion  
            of their contribution and all plans and providers can benefit  
            from increased supports.


          2)BACKGROUND. 


           ----------------------------------------------------------------- 
          |   a)   Immunizations.  According to the Centers for Disease     |
          |     Control and Prevention (CDC), vaccines contain the same     |
          |     antigens or parts of antigens that cause diseases, but the  |
          |     antigens in vaccines are either killed or greatly weakened. |
          |     Vaccine antigens are not strong enough to cause disease,    |
          |     but they are strong enough to make the immune system        |
          |     produce antibodies against them.  Memory cells prevent      |
          |     re-infection when they encounter that disease again in the  |
          |     future.  Vaccines are responsible for the control of many   |
          |     infectious diseases that were once common around the world, |
          |     including polio, measles, diphtheria, pertussis (whooping   |
          |     cough), rubella (German measles), mumps, tetanus, and       |
          |     Hepatitis b. Vaccine eradicated smallpox, one of the most   |
          |     devastating diseases in history.  Over the years, vaccines  |








                                                                    AB 1117


                                                                    Page  6





          |     have prevented countless cases of infectious diseases and   |
          |     saved literally millions of lives.  Vaccine-preventable     |
          |     diseases have a costly impact, resulting in doctor's        |
          |     visits, hospitalizations, and premature deaths.  Sick       |
          |     children can also cause parents to lose time from work. CDC |
          |     recommends routine vaccination to prevent 17                |
          |     vaccine-preventable diseases that occur in infants,         |
          |     children, adolescents, or adults.                           |
          |                                                                 |
          |     California children are required to be fully vaccinated     |
          |     before they enter kindergarten, with some exceptions.       |
          |     However, there are no official requirements for younger     |
          |     children, who are often more susceptible to dire            |
          |     consequences from vaccine-preventable diseases due to their |
          |     immature immune systems.                                    |
          |                                                                 |
          |     Other states have made efforts to increase their childhood  |
          |     immunization rates and have met with some success. New      |
          |     York, one managed care plan instituted P4P program.         |
          |     Immunization rates in that plan rose at a statistically     |
          |     significant higher rate than plans that used other methods  |
          |     to try and increase vaccination rates. Similarly, when P4P  |
          |     was instituted in Louisiana, the state went from 40th to    |
          |     5th nationwide in childhood vaccination rates among         |
          |     children aged 19-35 months.  However, the state slipped     |
          |     back to 30th raising questions about the durability of the  |
          |     program.  Maine initiated a quality improvement program     |
          |     that provides education and technical assistance for        |
          |     providers and they achieved a five percentage point         |
          |     increase in childhood immunization rates.                   |
          |                                                                 |
          |   b)   Immunization-related expenses.  In 2011, the American    |
          |     Academy of Pediatrics (AAP) published a paper on pricing    |
          |     vaccines and immunization administration.  The paper lists  |
          |     the following as vaccine-related expenses:                  |
          |                                                                 |
          |     i)     Purchase price or acquisition cost of vaccine;       |
          |     ii)    Personnel costs for ordering and inventory,          |
          |       including staff time to monitor vaccine stock, place      |








                                                                    AB 1117


                                                                    Page  7





          |       orders, negotiate prices, delivery and payment term, and  |
          |       monitor storage procedures;                               |
          |     iii)   Storage costs, including refrigerators and freezers, |
          |       locks, alarm systems, temperature monitoring devices, and |
          |       generators for continued electrical supply;               |
          |     iv)    Insurance against loss of vaccine;                   |
          |     v)     Wastage and non-payment; and,                        |
          |     vi)    Lost opportunity costs for the money invested in     |
          |       vaccines and for which a reasonable return on investment  |
          |       might otherwise be expected.                              |
          |                                                                 |
          |     The AAP paper indicates that the appropriate payment must   |
          |     be free of any discounts and based on a transparent and     |
          |     verifiable data source, such as the CDC vaccine price list  |
          |     for the private sector, and cover the vaccine purchase      |
          |     price and all related expenses as indicated above, and a    |
          |     return on the investment for the dollars invested in        |
          |     vaccine inventory.                                          |
          |                                                                 |
          |                                                                 |
          |   c)   Physician Underpayment.  In California, some             |
          |     pediatricians report that despite existing law requiring    |
          |     full reimbursement for acquisition of vaccines, they are    |
          |     not receiving reimbursements that cover the full direct     |
          |     costs.  A 2008 article in Pediatrics on a national survey   |
          |     of pediatricians and family practice physicians found that  |
          |     about half had delayed the purchase of specific vaccines    |
          |     for financial reasons and experienced a decreased profit    |
          |     margin from immunizations in the past three years.  The     |
          |     article reports 5% of pediatricians and 21% of family       |
          |     physicians said their practice had seriously considered     |
          |     whether to stop providing all vaccines to privately insured |
          |     children.  The article and other reports state that because |
          |     of high vaccine costs, many physicians do not keep enough   |
          |     vaccines on hand to meet demand, or simply do not stock a   |
          |     vaccine, such as the human Papilloma virus (HPV) vaccine,   |
          |     which costs $360 for the full three dose vaccination.  The  |
          |     development and recommendation of new vaccines increases    |
          |     the cost of fully vaccinating a child.  According to a 2008 |








                                                                    AB 1117


                                                                    Page  8





          |     news article, in 1995, the federal government's cost to     |
          |     purchase all recommended vaccines for a child up to age 12  |
          |     was $155; by 2007, the cost had risen to $927 for a boy and |
          |     $1,214 for a girl (including the HPV vaccine).  The 2009    |
          |     CDC Vaccine Price List shows that private sector purchasers |
          |     are charged substantially more for vaccines than the prices |
          |     CDC negotiates.  CDC prices for vaccines are often          |
          |     one-third less, and in some cases less than half what       |
          |     manufacturers charge private sector purchasers.             |
          |                                                                 |
           ----------------------------------------------------------------- 
          1)SUPPORT.  Supporters note that vaccination rates for kids are  
            not as high as they need to be, posing a risk for all  
            children.  They point to the risk of failing to vaccinate  
            children by the 11,000 cases of pertussis in California in  
            2014 and the more recent measles outbreak in Disneyland.   
            Supporters point out that although there are requirements for  
            children to be vaccinated prior to going to school, there are  
            no official requirements for younger children who often are  
            more susceptible to dire consequences from infectious diseases  
            because of their immature immunes systems.  Supporters add  
            that other states, such as New York, Louisiana and Maine have  
            had successful programs to increase vaccination rates in young  
            children.


          2)RELATED LEGISLATION.  SB 277 eliminates the personal belief  
            exemption from the requirement that children receive specified  
            vaccines for certain infectious diseases prior to being  
            admitted to any public or private elementary or secondary  
            school or day care center.  This bill is in the Senate  
            Education committee.


          3)PREVIOUS LEGISLATION.  


             a)   AB 2064 (V. Manuel Pérez) of 2012 would have required a  
               health care service plan or health insurer that provides  








                                                                    AB 1117


                                                                    Page  9





               coverage for childhood and adolescent immunizations to  
               reimburse a physician or physician group in an amount not  
               less than the actual cost of acquiring the vaccine plus  
               the cost of administration of the vaccine, as specified.  
               AB 2064 was held on the Assembly Appropriations Committee  
               suspense file.

             b)   AB 2093 (V. Manuel Pérez) of 2010, would have  
               prohibited any contract issued, amended, delivered, or  
               renewed on or after January 1, 2011 between a physician or  
               physician group, and a DMHC-regulated health plan or  
               California Department of Insurance regulated insurer, from  
               requiring the physician or physician group to assume  
               financial risk for the cost of acquiring required  
               immunizations for children, regardless of whether those  
               immunizations are part of the contract.  AB 2093 was  
               vetoed by Governor Schwarzenegger who indicated it "is an  
               inappropriate effort to carve various elements out of  
               negotiated provider contracts and set those reimbursement  
               rates in statute.  Existing law already requires health  
               plans to fully cover certain preventive benefits,  
               including immunizations.  Reimbursing providers for their  
               "administrative costs" at a Medicare rate completely  
               undermines the purpose of capitation and provider  
               contracts, especially if a provider's actual costs are  
               below the Medicare fee."


             c)   AB 1201 (V. Manuel Pérez) of 2009 would have required a  
               health care service plan or health insurer that provides  
               coverage for childhood and adolescent immunizations to  
               reimburse a physician or physician group the entire cost  
               of acquiring and administering the vaccine, and prohibits  
               a health plan or insurer from requiring cost-sharing for  
               immunizations.  AB 1201 was held on the Assembly  
               Appropriations Committee suspense file.
            










                                                                    AB 1117


                                                                    Page  10





          4)POLICY COMMENTS.  


             a)   Administrative costs.  The bill does not provide for  
               administrative costs of DHCS to be reimbursed by funds from  
               CCIQIF.  DHCS would have to incur administrative costs in  
               advance to seek and gain approval of the waiver.  Those  
               could not be reimbursed for administrative costs even if  
               the waiver is approved as the ongoing administration of an  
               approved program is also not eligible for reimbursement  
               from the CCIQIF. The required evaluation can be reimbursed  
               from the CCIQIF but only an amount exceeding 5% of the  
               donations can be spent.



             b)   Requirements on DHCS.  Owing to health care reform, DHCS  
               has been very busy with administering significant changes  
               in the Medi-Cal program.  Among the major efforts are a  
               possible redesign of the California Children's Services  
               Program, a reform and waiver for behavioral health and  
               substance abuse program and a major Section 1115 waiver  
               request to CMS for continuing the 2010 Bridge to Reform  
               Waiver.  This bill allows DHCS only 120 days from its  
               effective date to submit a waiver request to CMS.  Given  
               the other activities and the Legislature's general  
               preference that waivers be subject to ample public input  
               and review prior to submittal these timetable seems abrupt.



             c)   Federal limitations on funds from providers.  States  
               have been very clever in designing Medicaid programs which  
               rely on funds not from the state, but increasingly from  
               providers and local governments.  As these methods became  
               more common and their impact on federal financing grew, the  
               response of CMS was to significantly limit and restrict  
               such sources of funds. The state has run into this directly  
               with the state's current MCO tax.  CMS has directed the  








                                                                    AB 1117


                                                                    Page  11





               state to develop a new tax in line with federal  
               requirements and have directed the state that the current  
               tax does not comply with federal requirements.  The  
               committee may wish to hear from the supporters about any  
               discussions they have had with CMS or precedents for use of  
               such provider donations.
          


             d)   Is the incentive adequate?  This program may not provide  
               any monetary incentive for additional vaccinations.  It all  
               depends on the amount of money raised.  Already most  
               children are vaccinated.  The bill provides payments for  
               all children receiving vaccinations up to the amount of  
               funds raised.  To provide a reward that is likely to change  
               behavior, plans and providers have to be paid more than  
               they are currently.  The program will have to raise enough  
               funds so that providers and plans can be assured they will  
               receive a payment for vaccinating more children than they  
               currently vaccinate.


          REGISTERED SUPPORT / OPPOSITION:





          Support


          Children NOW (sponsor)
          American Academy of Pediatrics, California
          American Federation of State, County and Municipal  Employees,  
          AFL-CIO
          California Academy of Family Physicians


          California Chapter of the American College of Emergency  








                                                                    AB 1117


                                                                    Page  12





          Physicians


          California Children's Health Coverage Coalition


          California Children's Hospital Association


          California Medical Association


          California Pan-Ethnic Health Network


          Children's Defense Fund - California


          Children's Specialty Care Coalition


          Family Voices of California


          First 5 Alameda County


          First 5 Association of California


          First 5 Santa Cruz County


          Health Access California


          Lincoln Child Center










                                                                    AB 1117


                                                                    Page  13





          Los Angeles Trust for Children's Health


          March of Dimes California Chapter


          St. John's Well Child and Family Center


          The Children's Partnership


          United Ways of California


          Vision Y Compromiso




          Opposition


          None on file.


          Analysis Prepared by:Roger Dunstan / HEALTH / (916) 319-2097




















                                                                    AB 1117


                                                                    Page  14