BILL ANALYSIS                                                                                                                                                                                                    Ó



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

          AB 1235 (Gipson) - Medi-Cal:  beneficiary maintenance needs:   
          home upkeep allowances:  transitional personal needs funds
          
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          |Version: July 7, 2015           |Policy Vote: HEALTH 8 - 0       |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: August 17, 2015   |Consultant: Brendan McCarthy    |
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          This bill meets the criteria for referral to the Suspense File.


          Bill  
          Summary:  AB 1235 would require the home upkeep allowance for  
          Medi-Cal beneficiaries in long-term care facilities to be based  
          on the actual cost to maintain the beneficiary's home. The bill  
          would allow Medi-Cal beneficiaries in long-term care facilities  
          that do not have a home to establish a transitional needs fund  
          to set aside up to $7,500 for the purpose of securing a home.


          Fiscal  
          Impact:  
           One-time administrative costs in the hundreds of thousands for  
            the Department of Health Care Services to develop a state plan  
            amendment, develop regulations, and make necessary programming  
            changes (General Fund and federal funds).

           Unknown increased Medi-Cal spending, at least in the millions,  
            due to the increase in the home upkeep allowance (General Fund  
            and federal funds). For example, for each 1,000 eligible  
            beneficiaries who participate in the program under the bill  







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            (about 2% of the average Medi-Cal long-term care population),  
            the annual costs would be about $5 million per year.

            The bill increases the maximum home upkeep allowance over  
            existing regulations, from $209 per month to the minimum  
            amount necessary to maintain the beneficiary's home. The  
            actual cost of the bill will depend on the number of  
            participating beneficiaries, which is not known at this time.  
            The Department does not have information on the number of  
            current participants in the home upkeep allowance program or  
            the number of beneficiaries who would participate in the  
            expanded program. Current participation in the program is  
            thought be very low. However, since the financial benefits of  
            the proposed program are much more substantial, increased  
            participation is likely. According to the Department of  
            Housing and Urban Development, the average rent for a one  
            bedroom apartment in California's metropolitan areas is over  
            $900 per month.  

           Unknown increased Medi-Cal spending, at least in the millions,  
            due to Medi-Cal beneficiaries using the established  
            transitional needs personal fund (General Fund and federal  
            funds). Similar to above, the Department does not have  
            information on the potentially eligible population. For each  
            1,000 participants (about 2% of the average long-term care  
            population) annual costs would be about $9 million per year.

           Unknown impact on Medi-Cal spending due to individuals  
            previously eligible for Share of Cost Medi-Cal newly becoming  
            eligible for full scope Medi-Cal (General Fund and federal  
            funds). The bill requires that the income set aside for both  
            the increased home upkeep allowance and the new transitional  
            needs account would not be counted when determining Medi-Cal  
            eligibility. By setting aside a significant amount of monthly  
            income, the bill is likely to shift some individuals from  
            being eligible for Share of Cost Medi-Cal to full scope  
            Medi-Cal. In doing so, the bill would increase state Medi-Cal  
            spending substantially, by eliminating the requirement that  
            the individual pay any amount of the cost of care.  


          Background:  Under state and federal law, the Department of Health Care  
          Services operates the Medi-Cal program, which provides health  
          care coverage to low income individuals, families, and children.  








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          Medi-Cal provides coverage to childless adults and parents with  
          household incomes up to 138% of the federal poverty level and to  
          children with household incomes up to 266% of the federal  
          poverty level. The federal government provides matching funds  
          that vary from 50% to 90% of expenditures depending on the  
          category of beneficiary.
          Under current law, an individual whose income exceeds the  
          Medi-Cal eligibility threshold can become eligible for Share of  
          Cost Medi-Cal by "spending-down" his or her income due to  
          significant health care costs (these beneficiaries are referred  
          to as "medically needy"). Under this program, an individual must  
          spend down all his or her monthly income (less certain set  
          asides, for example a fixed amount to maintain their home for  
          non-institutionalized patients or the personal needs allowance  
          and home upkeep allowance for individuals in long-term care  
          facilities). Once an individual has spent down his or her income  
          (paying directly to health care providers or long-term care  
          facilities) the state will pay the remaining costs for care  
          through Medi-Cal. Under current regulation, the home upkeep  
          allowance available to individuals in a long-term care facility  
          is limited to $209 per month.




          Proposed Law:  
            AB 1235 would require the home upkeep allowance for Medi-Cal  
          beneficiaries in long term care facilities to be based on the  
          actual cost to maintain the beneficiary's home. The bill would  
          allow Medi-Cal beneficiaries in long-term care facilities that  
          do not have a home to establish a transitional needs fund to set  
          aside up to $7,500 for the purpose of securing a home.
          Specific provisions of the bill would:
                 Authorize a home upkeep allowance for a long-term care  
               facility resident who intends to return to an existing  
               home;
                 Require the home upkeep allowance to be set aside from  
               the income otherwise be required to meet the individual's  
               share of cost;
                 Require the home upkeep allowance to be an exempt  
               resource for the purposes of determining Medi-Cal  
               eligibility;
                 Provide that the individual would only be eligible for  
               the home upkeep allowance if  a physician has certified  








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               that the individual is likely to return home within six  
               months;
                 Authorize a transitional personal needs fund for  
               individuals in a long-term care facility who do not have a  
               home, but intend to return to the community;
                 Require the funds in the transitional personal needs  
               fund to be set aside from the income that would otherwise  
               be required to meet the individual's share of cost;
                 Limit the maximum amount in the fund to $7,500;
                 Require the money in the fund to be an exempt asset for  
               the purposes of determining Medi-Cal eligibility;
                 Require the fund to be used to allow the individual to  
               secure a home in the community;
                 Make operation of the bill contingent on federal  
               financial participation;
                 Require the Department to perform specified outreach  
               activities.


          Related  
          Legislation:  AB 1319 (Dababneh) would increase the personal and  
          incidental needs allowance for Medi-Cal beneficiaries residing  
          in a community care facility from $20 to $50. That bill will be  
          heard in this committee.


          Staff  
          Comments:  As noted above, the provisions of the bill that would  
          set-aside the expanded home upkeep allowance and the new  
          transitional needs fund from the calculation of income when  
          determining Medi-Cal eligibility have the potential to  
          significantly increase Medi-Cal spending on qualifying  
          individuals. An individual over age 65 with income at or below  
          $1,200 per month is eligible for full-scope Medi-Cal with no  
          cost sharing. Over income of $1,200 per month, an individual  
          would have to "spend down" all of his or her income (less the  
          existing allowances) before Medi-Cal would pay the remaining  
          costs of care. In California, the average monthly cost of a  
          place in a skilled nursing facility is over $7,000 per month. 
          For example, under current law, an hypothetical individual over  
          age 65 with a monthly income of $2,000 (and rent of $900 per  
          month) would have to spend about $1,700 per month on his or her  
          care (accounting for allowances) before the state would begin  
          spending. Under the bill, that individual's income for  








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          calculating Medi-Cal eligibility would be $1,100 per month  
          ($2,000 in income less the actual cost of rent, in this case  
          $900 per month). That individual would then be eligible for  
          full-scope Medi-Cal coverage and the state would be required to  
          pay the full cost of that coverage, $1,700 per month more than  
          under current law.




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