BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      AB 1235


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          ASSEMBLY THIRD READING


          AB  
          1235 (Gipson)


          As Amended  June 1, 2015


          Majority vote


           ------------------------------------------------------------------ 
          |Committee       |Votes |Ayes                |Noes                 |
          |                |      |                    |                     |
          |                |      |                    |                     |
          |----------------+------+--------------------+---------------------|
          |Health          |19-0  |Bonta, Maienschein, |                     |
          |                |      |Bonilla, Burke,     |                     |
          |                |      |Chávez, Chiu,       |                     |
          |                |      |Gomez, Gonzalez,    |                     |
          |                |      |                    |                     |
          |                |      |                    |                     |
          |                |      |Roger Hernández,    |                     |
          |                |      |Lackey, Nazarian,   |                     |
          |                |      |Patterson,          |                     |
          |                |      |                    |                     |
          |                |      |                    |                     |
          |                |      |Ridley-Thomas,      |                     |
          |                |      |Rodriguez,          |                     |
          |                |      |Santiago,           |                     |
          |                |      |Steinorth,          |                     |
          |                |      |Thurmond, Waldron,  |                     |
          |                |      |Wood                |                     |
          |                |      |                    |                     |
          |----------------+------+--------------------+---------------------|
          |Appropriations  |17-0  |Gomez, Bigelow,     |                     |
          |                |      |Bonta, Calderon,    |                     |








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          |                |      |Chang, Daly,        |                     |
          |                |      |Eggman, Gallagher,  |                     |
          |                |      |                    |                     |
          |                |      |                    |                     |
          |                |      |Eduardo Garcia,     |                     |
          |                |      |Gordon, Holden,     |                     |
          |                |      |Jones, Quirk,       |                     |
          |                |      |Rendon, Wagner,     |                     |
          |                |      |Weber, Wood         |                     |
          |                |      |                    |                     |
          |                |      |                    |                     |
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          SUMMARY:  Defines a home upkeep allowance (HUA), require an HUA to  
          be available to specified long-term care (LTC) facility  
          recipients, and allow specified LTC facility residents to include  
          the transitional costs of establishing a home in their personal  
          needs allowance, as specified.  Specifically, this bill:


          1)Defines an HUA as the "allowance of home maintenance" in federal  
            regulation and the amount for the "upkeep and maintenance of the  
            home" described in existing law.


          2)Requires the HUA to be available to Medi-Cal beneficiaries who  
            receive LTC.


          3)Requires a transitional personal needs fund, as defined by  
            federal regulation, to be available to LTC recipients covered  
            under this bill.


          4)Requires an HUA, as defined by federal regulation, to be  
            available to LTC recipients covered under this bill.










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          5)Requires an HUA to be made available to a LTC facility resident  
            who intends to return to his or her home, as specified.


          6)Allows the transitional costs of establishing home to be  
            included in the personal needs allowance for all long-term  
            facility residents who do not have a home but intend to leave a  
            facility and establish a home in the community, as specified.


          7)Requires the Department of Health Care Services to perform  
            outreach activities to LTC residents, and to promulgate  
            regulations regarding this bill's provisions, as specified.


          FISCAL EFFECT:  This bill, as amended, 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  
            for individuals to transfer back into the community.


          2)Background.  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 give states the flexibility to support this  
            goal and allow states to exempt income to maintain a home.  The  








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            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:


             a)   Intend to leave the nursing facility and to return home  
               within six months of the date the individual begins living in  
               the nursing home;


             b)   Obtain a written medical statement from the individual's  
               doctor certifying that he or she will be able to return home  
               within six months;


             c)   The spouse or family of the individual must not live in  
               the home; and,


             d)   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.


          3)Support.  On the previous version of the bill, Disability Rights  
            California, the sponsor of the bill, states the current  
            allowance given to LTC facility residents for the maintenance of  
            their homes is insufficient and highlights the rate has not been  








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            updated since the 1970's.  The sponsor states the allowance is  
            too restrictive and does not meet the needs of LTC residents.


          4)Opposition.  With the proposed amendments to this bill, there is  
            no known opposition to this bill.


          5)Policy Comments.


             a)   The proposed amendments define the HUA as the "allowance  
               for home maintenance" under federal regulation and the amount  
               for the "upkeep and maintenance of the home" described in  
               existing law.  The proposed amendments do not specify how the  
               HUA will be determined between these two amounts; the author  
               may wish to consider clarifying changes in a future  
               committee.  In addition, the proposed amendments do not  
               specify which code section the "upkeep and maintenance of  
               home" amount refers to; the author may wish to make a  
               technical change to refer to the specific code section in  
               California statute for this amount.


             b)   The proposed amendments to this bill reference current  
               federal regulations.  All regulations are subject to change  
               by the respective federal or state agencies and departments;  
               if the regulations referenced in the proposed amendments are  
               modified, those changes would have a direct impact on this  
               bill's provisions.  The author may wish to amend the bill  
               such that there are no direct references to federal or state  
               regulations.


             c)   The proposed amendments to this bill require an HUA to be  
               provided to all LTC facility residents who intend to leave a  
               facility and either return to his or her existing home, or  
               establish a new home in the community.  However the proposed  
               language does not specify which entity would be responsible  








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               for determining if a LTC facility resident does in fact  
               intend to leave the facility, and what factors would be  
               considered in that determination.  The author may wish to  
               amend the bill to specify these considerations.


             d)   The proposed amendments require the transitional costs of  
               establishing a home to be included in the personal needs  
               allowance for a LTC facility resident, and allow the resident  
               to establish a transitional personal needs fund for this  
               purpose.  Allowing the resident to maintain and establish his  
               or her own fund may lead to potential conflicts of interest  
               or other logistical challenges; the author may wish to  
               consider if another entity would be more appropriate to  
               maintain this fund.




          Analysis Prepared by:                                               
          An-Chi Tsou / HEALTH / (916) 319-2097  FN: 0000831