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 ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: July 7, 2015 |Policy Vote: HEALTH 8 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 17, 2015 |Consultant: Brendan McCarthy | | | | ----------------------------------------------------------------- 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 AB 1235 (Gipson) Page 1 of ? (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. AB 1235 (Gipson) Page 2 of ? 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 AB 1235 (Gipson) Page 3 of ? 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 AB 1235 (Gipson) Page 4 of ? 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. -- END --