BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1235


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          Date of Hearing:  April 28, 2015


                            ASSEMBLY COMMITTEE ON HEALTH


                                  Rob Bonta, Chair


          AB 1235  
          Gipson - As Amended April 23, 2015


          SUBJECT:  Medi-Cal:  beneficiary maintenance needs:  home upkeep  
          allowance.


          SUMMARY:  Establishes the home upkeep allowance (HUA) for  
          certain Medi-Cal eligible long-term care facility residents, and  
          sets requirements for the allowance, as specified.   
          Specifically, this bill:  



          1)Requires a HUA to be available to certain long-term care  
            facility residents to use for the maintenance or establishment  
            of a residence following their departure from a facility.

          2)Requires a physician to determine the likelihood of a  
            resident's ability to return to the community.



          3)Establishes eligibility requirements for individuals to  
            receive the HUA, and specifies maximum values and eligible  
            uses of the HUA.











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          4)Requires the Department of Health Care Services (DHCS) to  
            perform specified outreach with respect to the HUA.



          EXISTING LAW:  



          1)Establishes the Medi-Cal program to provide comprehensive  
            health benefits to low-income individuals who meet specified  
            eligibility criteria.

          2)Requires DHCS to establish the income levels for maintenance  
            need at the lowest levels that reasonably permit medically  
            needy persons to meet their basic needs for food, clothing,  
            and shelter, and for which federal financial participation  
            will still be provided under Title XIX of the federal Social  
            Security Act. 



          FISCAL EFFECT:  This bill has not yet been analyzed by a fiscal  
          committee.



          COMMENTS:  


          1)PURPOSE OF THIS BILL.  The author states the reason why many  
            individuals stay in nursing facilities indefinitely is in part  
            because the current HUA is insufficient to sustain the cost of  
            basic living needs.  The author explains that the HUA is  
            underutilized due to the high cost of living in California, as  
            compared to other states, and the lack of affordable housing  
            programs.  The author concludes that with the increase in the  
            HUA, this bill will improve the quality of life for Medi-Cal  
            recipients in nursing homes and provide greater opportunities  








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            for individuals to transfer back into the community.


          
          2)BACKGROUND.  



             a)   Long-term care in California.  In 2007, California was  
               home to 4 million persons age 65 and older or representing  
               11% of the state's population.  In 2010, the number of  
               Californians age 65 and older is projected to increase to  
               4.4 million or 14.7%, and is projected to increase to 8.3  
               million or 17.8% of all Californians in 2030.   
               Approximately 2.4 million persons in California report  
               having two or more disabilities and an estimated 400,000  
               plus have intellectual or developmental disabilities.

          Long-term care services generally address an individual's  
          health, social, and personal needs, and are provided in  
          institutional care settings (for example, skilled nursing  
          facilities) and through community-based providers ranging from  
          nonmedical residential care facilities to services such as  
          transportation and meals to help individuals remain in their  
          homes instead of being placed in an facility.  Long-term care  
          services are provided not only to the elderly (age 65 and  
          older), but also to younger persons with developmental, mental,  
          and/or physical disabilities.  Many of the persons eligible for  
          long-term care services use multiple services provided by a  
          variety of programs operated by many state departments.  Within  
          California, DHCS and the Departments of Aging, Health Care  
          Services, Social Services, Developmental Services, Mental  
          Health, Rehabilitation, and Veterans Affairs directly administer  
          long-term care programs.

             b)   Current standards of the HUA.  Maintaining or  
               establishing a home in the community is a major obstacle  
               for Medicaid beneficiaries who want to return home after  
               admission to an institution.  Medicaid eligibility rules  








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               give states the flexibility to support this goal and allow  
               states to exempt income to maintain a home.  The HUA is a  
               Medi-Cal deduction for qualifying Medi-Cal beneficiaries  
               who are living in, or will be living in, a nursing home or  
               other medical facility.  The HUA currently allows  
               beneficiaries to keep $209 per month of their monthly  
               income for maintenance and upkeep of their homes while they  
               are temporarily residing in the nursing home other medical  
               facility.  The HUA can be allowed for up to a six month  
               period from the date the beneficiary enters the nursing  
               home.  To qualify for the HUA, a beneficiary must meet all  
               of the following requirements:
             
               i)     Intend to leave the nursing facility and to return  
                 home within six months of the date the individual begins  
                 living in the nursing home.
               
               ii)    Obtain a written medical statement from the  
                 individual's doctor certifying that he or she will be  
                 able to return home within six months.


               
               iii)   The spouse or family of the individual must not live  
                 in the home.


               
               iv)    The home must be maintained for the individual's  
                 return.


               
               Medically needy Medi-Cal beneficiaries who enter a nursing  
               facility apply all their income above a personal needs  
               allowance to the cost of care.  State regulations allow  
               beneficiaries to retain 133% of the in-kind value of  
               housing for one person if the applicant or beneficiary has  
               been living alone in the home.  








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          3)SUPPORT.  Disability Rights California, the sponsor of the  
            bill, states the current allowance given to long-term care  
            facility residents for the maintenance of their homes is  
            insufficient and highlights the rate has not been updated  
            since the 1970's.  In addition, the sponsor states individuals  
            are taking full advantage of existing allowances for home  
            maintenance because they are not aware of its existence.   
            Finally, the sponsor states the allowance is too restrictive  
            and does not meet the needs of long-term care residents; for  
            example, it does not allow for residents who lost their homes  
            but want to find a new home to leave the facility.  The  
            sponsor states the bill will allow for the HUA to be a useful  
            tool to help patients move into more home- and community-based  
            settings.
          
            Supporters of the bill state the provisions will allow people  
            to better preserve their residences and will result in  
            significant cost savings to the state.  The supporters content  
            that by calculating the HUA using the actual cost of  
            maintaining a patient's home, the bill will ensure that a  
            greater number of individuals who are eligible to return to  
            their homes will have a home to return to.

          4)RELATED LEGISLATION.  AB 1319 (Dababneh) raises the current  
            $20 per month incidental needs deduction to $50 for Medi-Cal  
            beneficiaries who qualify for personal and incidental needs  
            deductions and are residing in a community care facility,  
            provided all necessary federal approvals can be obtained.  AB  
            1319 is set for hearing in this Committee on April 28, 2015.

          5)POLICY COMMENTS.  This bill establishes standards for a home  
            upkeep allowance to be available for certain long-term care  
            facility residents.  The Committee may suggest a number of  
            amendments to clarify the bill language in a future committee,  
            as follows:









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             a)   This bill establishes the HUA in statute and  
               requirements for the allowance.  However, state regulations  
               already define requirements for home maintenance income for  
               long-term residents.  The current language of the bill  
               appears to create an allowance that would be supplemental  
               to the existing home maintenance income; however the author  
               has indicated the intent of this bill appears to be to  
               supplant existing requirements with new regulations for  
               this income.  The Committee may suggest amending the  
               language to clarify the intent and providing defined  
               guidance to DHCS for the interaction of these two  
               allowances.

             b)   This bill specifies the HUA will apply to certain  
               long-term care facility residents.  The Committee may  
               suggest specifying which types of long-term care facility  
               residents the HUA will apply to, and the associated  
               criteria for eligibility.


             
             c)   This bill requires DHCS to perform outreach regarding  
               the HUA.  The language of the bill is currently confusing  
               with regard to the requirements on the adoption of  
               regulations for this outreach and related standards.  The  
               Committee may suggest amending this bill to clarify these  
               standards in statute.


             
             d)   This bill requires DHCS to adopt or revise regulations  
               as necessary to reflect the requirements of this section;  
               however the bill provision appears to be incorrectly placed  
               within the language.  The Committee may suggest amending  
               this bill to ensure this requirement applies to the  
               entirety of the bill language.









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          REGISTERED SUPPORT / OPPOSITION:




          Support


          Disability Rights California (sponsor)


          California Advocates for Nursing Home Reform (prior version)
          California Association of Public Authorities for IHSS (prior  
          version)
          California Commission on Aging (prior version)
          California Long-Term Care Ombudsman Association (prior version)


          County Board of San Bernardino (prior version)
          United Domestic Workers of America / AFSCME Local 3930 / AFL-CIO  
          (prior version)


          Opposition


          None on file.




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










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