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 --