BILL ANALYSIS                                                                                                                                                                                                    Ó



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

          AB 2394 (Eduardo Garcia) - Medi-Cal:  nonmedical transportation
          
           ----------------------------------------------------------------- 
          |                                                                 |
          |                                                                 |
          |                                                                 |
           ----------------------------------------------------------------- 
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Version: June 14, 2016          |Policy Vote: HEALTH 8 - 0       |
          |                                |                                |
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Urgency: No                     |Mandate: No                     |
          |                                |                                |
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Hearing Date: August 1, 2016    |Consultant: Brendan McCarthy    |
          |                                |                                |
           ----------------------------------------------------------------- 

          This bill meets the criteria for referral to the Suspense File.

          Bill  
          Summary:  AB 2394 would require the Department of Health Care  
          Services to provide nonmedical transportation as a covered  
          benefit in the Medi-Cal program.


          Fiscal  
          Impact:  
           One-time costs of $120,000 and ongoing costs of $110,000 per  
            year to develop program requirements, amend the state's  
            Medicaid plan, adopt regulations to implement the bill, and  
            provide ongoing monitoring of benefit coverage (General Fund  
            and federal funds).

           Ongoing costs of $3 million to $6 million per year to provide  
            nonmedical transportation to Medi-Cal beneficiaries enrolled  
            in Medi-Cal managed care plans that do not already provide  
            nonmedical transportation as a covered benefit and  
            fee-for-service beneficiaries who do not already qualify for  
            nonmedical transportation (General Fund and federal funds).  
            According to the Department of Health Care Services, 17 out of  
            21 Medi-Cal managed care plans already provide coverage for  







          AB 2394 (Eduardo Garcia)                               Page 1 of  
          ?
          
          
            nonmedical transportation, covering between 50% and 70% of all  
            existing Medi-Cal managed care plan enrollees. The Department  
            currently does not provide coverage for nonmedical  
            transportation in the fee-for-service system, except for  
            children and participants in the Coordinated Care Initiative.  
            The Department estimates the annual cost per member to provide  
            nonmedical transportation is between $0.50 and $2.00 per year.

           Unknown impact on overall utilization of health care services  
            in the Medi-Cal program (General Fund and federal funds). By  
            ensuring that Medi-Cal beneficiaries have access to nonmedical  
            transportation to covered services, the bill is likely to  
            allow for increased access to care by Medi-Cal beneficiaries,  
            particularly specialty care for beneficiaries in rural areas  
            of the state. This is likely to increase utilization of those  
            services. On the other hand, timely access to specialty  
            services may allow beneficiaries and their providers to better  
            manage serious medical conditions, potentially reducing future  
            needs for additional specialty services or hospitalization.  
            The net impact of these factors is unknown.


          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.  
          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.
          Federal regulations require state Medicaid programs to provide  
          coverage for "necessary transportation for recipients to and  
          from providers". Under the state's Medicaid State Plan, Medi-Cal  
          provides coverage for emergency medical transportation (e.g.  
          ambulance transportation to an emergency department),  
          nonemergency medical transportation (e.g. ambulance  
          transportation from a hospital to a skilled nursing facility),  
          and nonmedical transportation (e.g. reimbursement of travel in a  
          private car or taxi to a specialist's office). Coverage of  
          nonmedical transportation is limited to children and dual  
          eligibles enrolled in the Coordinated Care Initiative. Current  
          state policy does not require nonmedical transportation to be  
          provided to other Medi-Cal beneficiaries. However, many Medi-Cal  








          AB 2394 (Eduardo Garcia)                               Page 2 of  
          ?
          
          
          managed care plans do provide nonmedical transportation as a  
          covered benefit, but with differing requirements and  
          authorization procedures.


          In recent years, the state has dramatically expanded enrollment  
          in Medi-Cal managed care (due both to the expansion of Medi-Cal  
          eligibility under the Affordable Care Act and state policy to  
          shift Medi-Cal beneficiaries from fee-for-service into managed  
          care). A significant change in the Medi-Cal program in recent  
          years has been the expansion of Medi-Cal managed care to rural  
          counties. Given the low population density in some of those  
          counties, there are a limited number of medical specialists who  
          participate in the Medi-Cal program. In some counties, the  
          design of Medi-Cal managed care specialty networks has resulted  
          in Medi-Cal beneficiaries needing to travel significant  
          distances to obtain specialty care.




          Proposed Law:  
            AB 2394 would require the Department of Health Care Services  
          to provide nonmedical transportation as a covered benefit in the  
          Medi-Cal program.
          Specific provisions of the bill would:
           Require nonmedical transportation to be covered, subject to  
            utilization controls and permissible time and distance  
            standards (generally if those services are more than 60  
            minutes or 30 miles from the beneficiary's residence), to  
            allow a beneficiary obtain covered services;
           Define nonmedical transportation;
           Require nonmedical transportation to be provided to a  
            beneficiary who can attest that other currently available  
            resources have been reasonably exhausted;
           State legislative intent that the intent of the bill is to  
            affirm existing federal requirements, rather than to create a  
            new benefit in the Medi-Cal program;
           Require implementation of the bill only to the extent that  
            federal financial participation is available and federal  
            approvals have been obtained;
           State that prior to the effective date of any necessary  
            federal approvals, nonmedical transportation was not a  
            Medi-Cal managed care benefit;








          AB 2394 (Eduardo Garcia)                               Page 3 of  
          ?
          
          
           Authorize the Department of Health Care Services to implement  
            the bill through all county letters or other means, until  
            implementing regulations are adopted;
           Require implementing regulations to be adopted by July 1,  
            2018.




          Related  
          Legislation:  AB 1231 (Wood, 2015) was substantially similar to  
          this bill. That bill was vetoed by Governor Brown, as were  
          several other bills impacting the Medi-Cal program.


          Staff  
          Comments:  The requirement for Medi-Cal managed care plans to  
          provide nonmedical transportation would begin in the middle of  
          the 2016-17 fiscal year. The capitation rates that the state  
          pays to Medi-Cal managed care plans would already be in effect  
          for that fiscal year. According to the Department of Health Care  
          Services, when a new benefit goes into effect during a fiscal  
          year, the Department assesses whether the new benefit would  
          materially impact managed care plans' costs. If the Department  
          determines that there would be a material impact to managed care  
          plans' costs, a retroactive rate adjustment would be made in the  
          following fiscal year to offset the costs incurred until  
          capitation rates have been adjusted.


                                      -- END --