BILL ANALYSIS Ó SENATE COMMITTEE ON HEALTH Senator Ed Hernandez, O.D., Chair BILL NO: AB 1235 --------------------------------------------------------------- |AUTHOR: |Gipson | |---------------+-----------------------------------------------| |VERSION: |June 1, 2015 | --------------------------------------------------------------- --------------------------------------------------------------- |HEARING DATE: |July 1, 2015 | | | --------------------------------------------------------------- --------------------------------------------------------------- |CONSULTANT: |Scott Bain | --------------------------------------------------------------- SUBJECT : Medi-Cal: beneficiary maintenance needs: home upkeep allowances and transitional personal needs funds. SUMMARY : Requires the home upkeep allowance (HUA) for eligible Medi-Cal beneficiaries in long-term care facilities to be based on the actual minimum cost of maintaining the resident's home (the HUA is currently $209 a month). Allows a long-term care facility resident who does not have a home to establish a transitional personal needs fund of up to $7,500 to be set aside from the income that otherwise would be applied toward the resident's Medi-Cal share of cost for residing in the long term care facility. The personal needs fund would be used to cover the costs of securing a home for the individual. Existing law: 1)Establishes the Medi-Cal program, which is administered by the Department of Health Care Services (DHCS), under which qualified low-income individuals receive health care services. Qualified individuals under the Medi-Cal program include medically needy persons and medically needy family persons who meet the required eligibility criteria, including applicable income requirements. 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 (FFP) will still be provided under federal Medicaid law. (The medically needy Medi-Cal eligibility category are individuals who fit into a federal benefit program category but whose income or resources exceed eligibility levels. Medically needy individuals become Medi-Cal eligible by having a share of cost whereby the individual "spends down" to Medi-Cal eligibility AB 1235 (Gipson) Page 2 of ? levels.) 3)Requires, for a Medi-Cal beneficiary in a medical institution or nursing facility, the amount considered as required for maintenance per month to be computed in accordance with, and for those purposes required by federal Medicaid law and regulations. Requires those amounts to be computed pursuant to regulations which include providing for the following purposes: a) Personal and incidental needs in the amount of not less than $35 per month while a patient. This is referred to as the "personal needs allowance." Permits DHCS to increase this amount, by regulation, as necessitated by increasing costs of personal and incidental needs. Prohibits a long term care (LTC) facility from charging an individual for the laundry services or periodic hair care; and, b) The upkeep and maintenance of the home. (This amount is referred to as the home upkeep allowance.) 4)Establishes, through regulation, the HUA, which allows a Medi-Cal beneficiary in a LTC facility to be able to retain an amount of income for upkeep of a home in addition to the personal and incidental needs allowance, if all of the following conditions are met: a) The LTC patient's spouse or a family member of the LTC patient is not living in the home; b) The home, whether rented or owned by the LTC patient, is actually being maintained for the return of the LTC patient; c) There is a verified medical determination that the LTC patient, or when both spouses are in LTC, either spouse, is likely to return home within six months of the date LTC patient status was established; and, d) The income is deducted for not more than the six-month period. 5)Establishes, through regulation, a formula for determining the amount of the HUA. This bill: AB 1235 (Gipson) Page 3 of ? 1)Requires the HUA to be available to LTC recipients who are Medi-Cal recipients and meet the requirements of this bill. 2)Requires a LTC facility resident who intends to leave the facility and return to his or her existing home to be provided with a HUA as follows: a) Requires the allowance to be set aside from the income that otherwise would be applied toward the resident's Medi-Cal share of cost (SOC) for residing in the facility; b) Requires the allowance to be based on the actual minimum cost of maintaining the resident's home, including, but not limited to, mortgage or rent, property taxes, and required insurance; c) Requires the allowance to be an exempt resource for purposes of determining eligibility for the Medi-Cal program; and, d) Requires the allowance to be available only if a physician has certified that the resident is likely to return to his or home within six months. 3)Requires a transitional personal needs fund to be available to long-term care recipients if a long-term care facility resident does not have a home, but intends to leave the facility and establish a home in the community. Requires the transitional costs of establishing a home to be included in his or her personal needs allowance. 4)Permits a resident to establish a transitional personal needs fund, as follows: a) Requires the fund to be set aside from the income that otherwise would be applied toward the resident's Medi-Cal SOC for residing in the facility; b) Caps the total amount of the fund at $7,500; c) Requires the fund to be an exempt resource for purposes of determining eligibility for the Medi-Cal program; and, d) Requires the fund to be used to cover the costs of securing a home for the individual, including, but not limited to, rent, security and utility deposits, accessibility modifications necessary to meet the needs of the individual, and essential furnishings, including, but not limited to, AB 1235 (Gipson) Page 4 of ? stoves, refrigerators, beds, towels, and bed linens. 5)Requires, if the resident is unable to secure a home within four months after the transitional personal needs fund has reached the $7,500 amount, the fund to revert to the state to defray the costs of the resident's care in the facility. 6)Requires DHCS, in implementing this bill, to undertake all of the following information and outreach activities: a) Inform residents in all Medi-Cal funded LTC facilities of the existence and availability of the HUA and the transitional needs personal needs fund; b) Include information on the existence and availability of the HUA and the transitional personal needs fund in the "Notice Regarding Standards for Medi-Cal Eligibility;" and, c) Notify all Medi-Cal branches, eligibility workers, LTC facilities, hospital discharge planners, and organizations receiving state funds to assist nursing home residents of the existence and availability of the HUA and the transitional personal needs fund. 7)Requires DHCS to adopt, revise, or repeal regulations as necessary to implement this bill. Requires regulations that are inconsistent with this bill to be inoperative until DHCS makes the regulatory changes required by this subdivision. FISCAL EFFECT : The current version of this bill has not been analyzed by a fiscal committee. PRIOR VOTES : ----------------------------------------------------------------- |Assembly Floor: |79 - 1 | |------------------------------------+----------------------------| |Assembly Appropriations Committee: |17 - 0 | |------------------------------------+----------------------------| |Assembly Health Committee: |19 - 0 | | | | ----------------------------------------------------------------- AB 1235 (Gipson) Page 5 of ? COMMENTS : 1)Author's statement. According to the author, AB 1235 seeks to improve the quality of life for Medi-Cal recipients in nursing facilities by increasing the HUA and providing greater opportunities for people to transfer back into a community. The current HUA is $209 a month, which is simply insufficient to provide for the maintenance and upkeep of most homes in California. This bill seeks to increase the allowance to ensure that nursing facility residents have an allocation that is enough for them to establish a home and will also save the state in long-term costs. Each resident who is able to transition out of a nursing home is one less resident that the state has to cover the high cost of nursing facility care under Medi-Cal. In addition, even if residents continued to use publicly funded services, such as IHSS, it would still be less expensive and would save money in the long-term. This recommendation came out of a report commissioned by the California Health and Human Services Agency in 2009, entitled, Home and Community-Based Long-Term Care: Recommendations to Improve Access for Californians. 2)Medi-Cal share of cost, HUA and personal needs allowance. Medi-Cal provides coverage up to 138% of the federal poverty level for parents and individuals age 65 and under (at or below $1,354 a month for a single person and at or below $21,187 for two people) at no cost. In addition, Medi-Cal provides coverage for to individuals who are aged or disabled up to of the 102% of the Federal Poverty Level (at or below $1,200 a month for an individual) at no cost. Individuals whose income exceeds the income levels or who do not meet eligibility criteria for no-cost Medi-Cal can quality as medically needy individuals. The medically needy program is a way to extend Medi-Cal eligibility to individuals who do not qualify for no-cost Medi-Cal, such as those with high medical expenses whose income is too high to meet the income eligibility threshold for no-cost Medi-Cal. The program functions as a last resort for those whose incomes are modest and are surpassed by their significant medical expenses. Federal Medicaid law authorizes states to have an optional deduction as allowance for home maintenance. California has adopted this option, whereby Medi-Cal beneficiaries living in, or who will be living in, a nursing home or other medical facility can qualify for a Medi-Cal deduction called the HUA. AB 1235 (Gipson) Page 6 of ? The Medi-Cal HUA enables a beneficiary to keep $209 a month of the individual's income for the maintenance and upkeep of the person's home while the individual is temporarily residing in the nursing home or other medical facility. To be eligible, a LTC resident must have a home (whether rented or owned) that is actually being maintained for the return of the LTC patient, and there must be a verified medical determination that the LTC patient is likely to return home within six months. The HUA allowance can be allowed for up to a six month period from the date the individual enters the nursing home. DHCS does not have data on the number of individuals using the HUA but the number is believed to be small. A 2008 paper prepared for the state Olmstead Advisory Committee indicated the Medi-Cal Eligibility Data System does not capture information on who utilizes the HUA, but a survey of counties identified low numbers of reported cases, and DHCS estimated that 100 beneficiaries statewide claimed the HUA in any given month. Individuals likely to use the HUA are more likely to be single adults as current regulations prohibit the LTC's patient's spouse or family member from living in the beneficiary's home. In addition, the resources and income of a Medi-Cal nursing home resident with a spouse or dependent at home (referred to as the "community spouse") is treated differently from that of a resident who has no spouse or dependent in the home. If a nursing home resident on Medi-Cal has a community spouse living at home, the community spouse is allowed to keep a greater amount of the family income and assets in order that he or she does not become impoverished. In contrast, a single person with no spouse or dependent at home can retain only the $35 for personal and incidental needs when the beneficiary will reside in the facility for the entire month. This is also called the "personal needs allowance." The state does not have a transitional personal need fund as an exemption or deduction from income in determining a beneficiary's Medi-Cal SOC as this bill proposes. The personal needs deduction and HUA are deducted from the individual's income in determining their share of cost for LTC. For example, if an individual with a monthly income of $1,300 who is residing in a skilled nursing facility (SNF) would have the $35 personal needs deduction and $209 home upkeep allowance subtracted from his or her monthly income AB 1235 (Gipson) Page 7 of ? ($1,300 - $35 - $209 = $1,056). The remaining amount of $1,056 would be the individual's monthly SOC. 3)Related legislation. AB 1319 (Dababneh), increases the personal and incidental needs deduction for Medi-Cal beneficiaries residing in a licensed community care facility from $20 to $50. AB 1319 is currently pending in the Senate Rules Committee. 4)Support. This bill is sponsored by Disability Rights California (DRC) to help people who are in nursing homes return to the community if that is their preference. DRC writes that people trying to leave nursing homes face daunting challenges, and none is more daunting than lack of affordable accessible housing. DRC states that, as California seeks federal funds to develop new housing, it also forces people to lose the homes they already have when they enter a SNF, in a policy which hasn't changed since the 1970s. This means that people who can go home end up languishing in these facilities, with the state paying ever-rising Medi-Cal SNF rates, in contradiction of the wishes and civil rights of the residents, fiscal responsibility, and common sense. DRC explains that Medi-Cal beneficiaries who go into nursing homes have to turn over some of their income as a SOC if their income exceeds certain levels, and depending on whether there is a spouse living in the family home. Federal Medicaid law allows an alternative for people who intend to return home can use that SOC money to maintain their home. DRC states the problem with the current $209 HUA is it is unchanged since the 1970s and the amount is insufficient. DRC states this bill makes the home upkeep allowance a useful tool by tying the allowance to the HUA amount to what is actually needed to maintain the beneficiary's home as anything less than that does not achieve the desired policy outcome. In addition, this bill requires the state to publicize the HUA to nursing home residents, prospective residents, discharge planners, and Medi-Cal offices, as the existence of the HUA is not widely known. In addition to being an inadequate dollar amount, DRC states the HUA does not help people who lost their homes but want to find a new home and leave a long-term care facility. This bill proposes a new transitional personal needs fund that would be AB 1235 (Gipson) Page 8 of ? deducted from the long-term care Medi-Cal beneficiary's SOC so they can save income for up to three months to secure a home or apartment. DRC states individual can accumulate up to $7,500 (this amount was chosen because it is the maximum grant amount in the California Community Transitions program), and if the money is not used, it would revert to the state General Fund. DRC states Medi-Cal would make up the beneficiary's SOC so the nursing home would be made whole, and the short-term cost of the new fund would be far outweighed by the cost savings as people are able to leave facilities and use community-based services, which are almost always less costly. 5)Recommended amendment. This bill creates a new code section but the provisions are not contingent upon the changes made by this bill being contingent upon receipt of federal Medicaid matching funds (commonly referred to as financial participation) and federal approval. Staff recommends this change be made to this bill. 6)Policy questions. a) Should there be an upper limit on the HUA? The HUA enables a beneficiary to keep $209 a month of his/her income for the maintenance and upkeep of their home while the individual is temporarily residing in the nursing home or other medical facility. DHCS did not have data on the number of individuals using the HUA allowance but the number is generally believed to be very low as this option is not well known. Instead of the current $209 established through a formula in regulation, this bill would set in statute the allowance as an amount based on the actual minimum cost of maintaining the resident's home, including, but not limited to, mortgage or rent, property taxes, and required insurance. A 2009 report prepared for California Community Choices and the CA Health and Human Services Agency indicated the existing $209 is too low to maintain a home in California. The argument for not having a fixed dollar amount is that is insufficient, and it prevents the option from being usable as a low dollar amount is considerably less than the typical cost of mortgage or rent payments. Increasing the HUA will allow institutionalized individuals to keep more income for maintenance and upkeep of their home, would provide with individual with enough income to be helpful in offsetting rental/mortgage costs, and an AB 1235 (Gipson) Page 9 of ? increased HUA deduction would enable more people to be able to return home when discharged. b) Federal Medicaid law requires states to have a personal needs allowance that is reasonable in amount for clothing and other personal needs of the individual while in the institution, and establishes minimum amounts. For an aged, blind or disabled individual, the amount must be at least $30 and $60 for an institutionalized couple if both spouses are aged, blind, or disabled. For other individuals, the personal needs allowance must a reasonable amount set by the agency, based on a reasonable difference in their personal needs from those of the aged, blind, and disabled. The current California personal needs allowance is $35. This bill establishes a new transitional personal needs fund, caps the amount in the fund at $7,500, and requires money in the fund to be set aside from the income that otherwise would be applied toward the resident's Medi-Cal SOC for residing in the facility. While federal law requires the use of an allowance, federal law is silent on the creation of a fund. The bill sponsor indicates the Health Care Financing Administration (the predecessor to CMS) has granted states flexibility in determining what is an exempt resource for Medicaid eligibility purposes. Does federal Medicaid law permit the establishment of a fund, as this bill proposes? SUPPORT AND OPPOSITION : Support: Disability Rights California (sponsor) American Federation of State, County and Municipal Employees California Advocates for Nursing Home Reform California Association of Public Authorities for IHSS California Commission on Aging California Senior Legislature Contra Costa Advisory Council on Aging Oppose: None received -- END -- AB 1235 (Gipson) Page 10 of ?