BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1655


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          Date of Hearing:   March 15, 2016


                            ASSEMBLY COMMITTEE ON HEALTH


                                   Jim Wood, Chair


          AB 1655  
          (Dodd) - As Introduced January 13, 2016


          SUBJECT:  Medi-Cal:  beneficiary maintenance needs:  personal  
          needs allowance.


          SUMMARY:  Increases the personal needs allowance (PNA) amount  
          from $35 to $80 per month for Medi-Cal-eligible individuals who  
          live in a medical institution, nursing facility, or receive  
          services from a Program of All-Inclusive Care for the Elderly  
          (PACE) organization.  Requires the Department of Health Care  
          Services (DHCS) to annually increase the PNA based on the  
          percentage increase in the California Consumer Price Index  
          (CPI).


          EXISTING LAW:  



          1)Establishes the Medi-Cal program within DHCS, as California's  
            Medicaid program, to provide qualifying aged, blind, disabled,  
            and low-income individuals health care and a uniform schedule  
            of benefits.

          2)Requires DHCS to establish the income levels for the lowest  
            levels of maintenance need that reasonably and adequately  
            allow medically needy individuals to meet their basic  








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            requirements for food, clothing, and shelter, and for which  
            federal financial participation (FFP) will still be provided,  
            as specified.



          3)Requires the amount of the income level for maintenance per  
            month to be calculated by multiplying the federal financial  
            participation rate by defined factors, based on family size,  
            as specified.



          4)Requires DHCS to establish regulations for the method of  
            computation of the maintenance per month for a person living  
            in a medical institution or nursing facility or receiving  
            services from a PACE organization.  Requires the regulations  
            to provide the following:



             a)   A personal needs allowance in an amount of not less than  
               $35 per month for a qualified patient and authority for  
               DHCS to increase the amount as necessary through  
               regulation;

             b)   The upkeep and maintenance of the home;



             c)   The support and care of a patient's minor children, or  
               any disabled relative for whose support he or she has  
               contributed regularly, if there is no community spouse;



             d)   The support and care of an institutionalized person's  
               community spouse or his or her minor or dependent children,  
               dependent parents, or dependent siblings of either spouse  








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               providing they are living with the community spouse, as  
               specified; and,



             e)   A community spouse monthly income allowance and a family  
               allowance for each member residing with the community  
               spouse, to be established at the maximum amount permitted  
               by federal law.



          5)Requires DHCS to establish regulations to calculate the  
            maintenance per month for a person living in a licensed  
            community care facility, to provide for the support and care  
            of his or her spouse, minor children, or any disabled relative  
            for whose support he or she has contributed regularly.

          6)Defines the "FFP rate," as 133.3%, or as otherwise defined in  
            federal law.



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


          COMMENTS:  



          1)PURPOSE OF THIS BILL.  According to the author, the PNA is  
            crucial to enhancing the quality of life of residents in  
            nursing homes by covering the costs of haircuts, clothes,  
            shoes, personal care items, reading materials, postage, and  
            meals outside the facility.  The author states that the  
            current PNA does not adequately fund the cost of these needs  
            and limits opportunities for recreation and enrichment that  
            could promote better health outcomes for these individuals.   








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            The author contends that because California's payment to  
            long-term care (LTC) facilities is matched by the federal  
            government at a rate of 50%, increasing the PNA will serve to  
            draw down more matching funds from the federal government to  
            further support needy individuals.


          2)BACKGROUND.



             a)   Medicaid, Nursing Homes, and Post-Eligibility Treatment  
               of Income.  Medicaid is the nation's major  
               publicly-financed health insurance program, covering the  
               acute and long-term services and supports (LTSS) needs of  
               millions of low-income Americans of all ages.  Existing  
               federal law requires Medicaid to cover LTC or nursing home  
               services to all eligible people 21 years of age and older.   
               Medicaid also covers home and community-based services for  
               people who would be in a nursing home if they did not  
               receive home care services.
             
               Federal law requires that state Medicaid agencies reduce  
               costs by using available income from beneficiaries to cover  
               LTSS provided to most Medicaid beneficiaries.  Each state  
               calculates the available income for a beneficiary once they  
               become eligible for Medicaid.  When making the  
               post-eligibility calculation, states deduct certain  
               allowances for patient's basic needs, including an  
               allowance for personal needs, i.e., PNA, maintenance of the  
               patient's spouse or family, and other expenses.  Federal  
               law requires the PNA for each state to be at least $30 per  
               month.  Once allowances have been deducted, any remaining  
               income is contributed toward the cost of the beneficiary's  
               care in the facility.


               
             b)   PNAs in California vs. other states.  California's  








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               current PNA is $35 per member per month, a rate that has  
               been constant since 1985.  DHCS does not have data on the  
               number of individuals using their PNA, however its  
               anecdotal evidence demonstrates that patients typically do  
               use it.  DHCS stated an increase in the PNA has not been  
               proposed by DHCS, thus the allowance has remained the same.
             
               A report by the AARP Public Policy Institute demonstrates  
               that in 2009, California had one of the lowest PNAs in the  
               country, with only Alabama, Illinois, Missouri, and North  
               Carolina using a lower allowance.  The value of state PNAs  
               vary greatly from state to state.  According to their state  
               Websites, the PNAs per month in 2015 for Connecticut,  
               Colorado, Minnesota, and Texas, were $60; $77.25; $97; and  
               $60, respectively.  The 2015 PNA for New York ranged  
               between $40 and $55 per month, depending on the type of  
               financial assistance the beneficiary was receiving.  Many  
               states have introduced or passed legislation to increase  
               their PNAs to higher than the federal minimum of $30 per  
               month per eligible beneficiary.  Some states, such as  
               Colorado, have included an automatic annual adjustment to  
               the allowance.



             c)   CPI.  The CPI is a measure of the average change over  
               time in the prices paid by urban consumers for a fixed  
               market basket of goods and services.  The CPI provides a  
               way to compare what a particular market basket of goods and  
               services costs at one time point with what the same market  
               basket costs at a different time point.  The CPI market  
               basket is developed from detailed expenditure information  
               provided by families and individuals on what they have  
               purchased in the past.  The CPI is typically used for three  
               major purposes:  i) as an economic indicator; ii) as a  
               deflator of other economic series; and, iii) as a means of  
               adjusting dollar values.  While the CPI is often used to  
               cost-of-living adjustments, it is not actually a  
               cost-of-living index because it does not account for  








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               changes in buying patterns that consumers make to adjust to  
               relative price changes.  For example, if the price of beef  
               increases significantly relative to that of chicken,  
               consumers will often opt to purchase the chicken; the CPI  
               does reflect this type of short-term adjustment as a  
               cost-of-living index does.
               


          3)SUPPORT.  Supporters of this bill state the current PNA is  
            inadequate and that this bill will help promote a healthy  
            lifestyle that will help to ensure California's neediest  
            patients can receive proper care.  Supporters assert that the  
            personal possessions of nursing home residents are often a  
            last remaining symbol of their independence, and that  
            increasing the PNA to reflect the current cost of living will  
            help restore dignity to the state's most vulnerable  
            individuals living in these facilities.

          4)PREVIOUS LEGISLATION.



             a)   AB 1235 (Gipson) of 2015 would have required the home  
               upkeep allowance for eligible Medi-Cal beneficiaries in LTC  
               facilities to be based on the actual minimum cost of  
               maintaining the resident's home.  AB 1235 would have  
               allowed a LTC 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 LTC facility.  AB 1235 was held in  
               the Senate Appropriations Committee.


             b)   AB 1319 (Dababneh) of 2015 would have increased the  
               personal and incidental needs deduction for Medi-Cal  
               beneficiaries residing in a licensed community care  
               facility from $20 to $50.  AB 1319 was held in the Senate  








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               Appropriations Committee.



             c)   AB 789 (Campbell) of 1999 would have increased the PNA  
               to not less than $40 per month.  AB 789 was vetoed by the  
               Governor with the following message:



                    "This bill would increase the minimum monthly  
                    personal and incidental needs allowance for age,  
                    blind or disabled Medi-Cal beneficiaries in  
                    institutional care.  This bill, while well  
                    intentioned, would result in estimated new annual  
                    General Fund costs in excess of $2 million that  
                    was not included in the 1999-2000 budget.  Any  
                    increase in the personal and incidental needs  
                    allowance should be considered as part of the  
                    annual budget deliberations."


          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Senior Legislature (sponsor)


          American Federation of State, County and Municipal Employees  
          (AFSCME), AFL-CIO
          California Advocates for Nursing Home Reform
          California Dialysis Council
          California Long-Term Care Ombudsman Association
          County of San Bernardino








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          Justice in Aging
          United Domestic Workers of America - AFSCME Local 3930 / AFL-CIO


          Opposition


          None on file.




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