BILL ANALYSIS Ó AB 1655 Page 1 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 AB 1655 Page 2 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 AB 1655 Page 3 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. AB 1655 Page 4 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 AB 1655 Page 5 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 AB 1655 Page 6 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 AB 1655 Page 7 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 AB 1655 Page 8 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