BILL ANALYSIS Ó AB 1863 Page 1 ASSEMBLY THIRD READING AB 1863 (Wood) As Amended May 27, 2016 Majority vote ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Health |18-0 |Wood, Maienschein, | | | | |Bonilla, Burke, | | | | |Campos, Chiu, | | | | |Dababneh, Gomez, | | | | | | | | | | | | | | |Roger Hernández, | | | | |Lackey, Olsen, | | | | |Patterson, | | | | | | | | | | | | | | |Ridley-Thomas, | | | | |Rodriguez, Santiago, | | | | |Steinorth, Thurmond, | | | | |Waldron | | | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |19-0 |Gonzalez, Bigelow, | | | | |Bloom, Bonilla, | | | | |Bonta, Calderon, | | AB 1863 Page 2 | | |Chang, Daly, Eggman, | | | | | | | | | | | | | | |Eduardo Garcia, | | | | | | | | | | | | | | |Roger Hernández, | | | | |Holden, Jones, | | | | |Obernolte, Quirk, | | | | |Santiago, Wagner, | | | | |Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------ SUMMARY: Adds marriage and family therapists (MFTs) to the list of healthcare professionals that qualify for a face-to-face encounter with a patient at Federally Qualified Health Centers (FQHCs) or Rural Health Clinics (RHCs) for purposes of a per-visit Medi-Cal payment under the prospective payment system (PPS). Makes conforming changes, including requiring an FQHC or an RHC that includes the costs of the services of an MFT that chooses to bill these services as a separate visit, to apply for an adjustment to its per-visit rate; that multiple encounters with an MFT on the same day constitutes a single visit; adjustment of rates; and, change in scope of service requirements. FISCAL EFFECT: According to the Assembly Appropriations Committee: 1)One-time costs, potentially in the millions, to recalculate the PPS rate for clinics that are providing MFT services or wish to add those services (GF/federal). The bill requires clinics that currently include marriage and family therapist services in the costs used to calculate their PPS rate to seek AB 1863 Page 3 a recalculation of the rate to allow the clinic to bill for visits. Recalculating a PPS rate requires a detailed review of utilization and expenditures by clinics. For example, assuming the cost per review is about $10,000 and 500 clinics seek a recalculation, the administrative costs to the Department of Health Care Services (DHCS) would be about $5 million. 2)No significant increase in costs is expected for the current level of MFT services in eligible clinics. A clinic employing MFTs may be able to bill for more face-to-face encounters, but the PPS rate will be adjusted to account for those visits such that there is no projected net cost impact. 3)On the other hand, if this bill increases access to mental health services in Medi-Cal by increasing the ability of clinics to employ qualified mental health professionals where the supply previously was constrained, it could result in unknown cost pressure to Medi-Cal to fund additional visits. There are nearly 40,000 licensed MFTs in the state, as compared to 22,000 LCSWs and 21,000 psychologists, suggesting increased flexibility to hire MFTs could lead to better access to mental health visits. COMMENTS: According to the author, psychologists and licensed clinical social workers are currently employed by RHCs and FQHCs and these clinics receive reimbursement for these providers. While clinics may employ an MFT, there is not a reimbursement mechanism for these professionals, which creates a disincentive to hire MFTs. MFTs are billable and recognized providers under the Medi-Cal program but not in community settings. Within the primary care setting, up to 26% of patients have some mental health disorder. This measure brings parity throughout the Medi-Cal program and allows for the utilization of all qualified mental health providers, regardless of how or where the treatment is provided. AB 1863 Page 4 FQHCs and RHCs serve a significant portion of the uninsured and underinsured in California. They are open-door providers that treat patients on a sliding scale fee structure and make their services available regardless of a patient's ability to pay. There are approximately 600 FQHCs and 350 RHCs in California. All FQHCs, and a majority of the RHCs, are either non-profit community clinics or government entities. Because clinics are safety net providers, their continued survival depends heavily on the stability and adequacy of revenues from the Medi-Cal program. FQHCs and RHCs are paid by Medi-Cal on a "per visit" basis in an amount equal to the clinic's cost of delivering services. Essentially, DHCS calculates the annual cost of care provided by each clinic and divides the total by the number of visits to determine a per visit rate. Community clinics and health centers provide health care to 14% of Californians. This figure is even higher in rural or remote areas that struggle to attract and retain health care providers. Mental health and substance abuse services are part of the essential health care benefits under the Patient Protection and Affordable Care Act (ACA). As such they are a part of Medi-Cal. Along with the expansion of these benefits, the expansion of the Medi-Cal program overall has increased the number of beneficiaries to over 12 million, placing even greater demands on Medi-Cal providers. Reimbursement to FQHCs and RHCs is governed by state and federal law. FQHCs and RHCs are reimbursed by Medi-Cal on a per-visit rate which is known as the PPS. For Medi-Cal managed care plan patients, DHCS reimburses FQHCs and RHCs for the difference between its per-visit PPS rate and the payment made by the plan. This payment is known as a "wrap around" payment. The Medi-Cal managed care wrap-around rate was established to reimburse providers for the difference between their PPS rate and their Medi-Cal managed care reimbursement rate. AB 1863 Page 5 DHCS' policy on same day visits, as stated in its in its State Plan Amendment, is that encounters with more than one health professional and/or multiple encounters with the same health professional, which take place on the same day and at a single FQHC or RHC location, constitute a single visit, except that more than one visit may be counted on the same day: 1) when the clinic patient, after the first visit, suffers illness or injury requiring another diagnosis or treatment; or, 2) when the clinic patient has a face-to-face encounter with a dentist or dental hygienist and then also has a face-to-face encounter with another health professional or comprehensive perinatal services practitioner on the same date. Mental health visits are treated for Medi-Cal billing purposes as a same day visit, and separate billing on the same day for a medical visits and a mental health visit is not allowed. Analysis Prepared by: Rosielyn Pulmano / HEALTH / (916) 319-2097 FN: 0003280