BILL ANALYSIS Ó SB 36 Page 1 SENATE THIRD READING SB 36 (Hernandez and De León) As Introduced December 1, 2014 2/3 vote. Urgency SENATE VOTE: 35-0 ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Health |18-0 |Bonta, Maienschein, | | | | |Bonilla, Burke, | | | | |Chávez, Chiu, Gomez, | | | | |Gonzalez, Roger | | | | |Hernández, Lackey, | | | | |Nazarian, Patterson, | | | | |Rodriguez, Santiago, | | | | |Steinorth, Thurmond, | | | | |Waldron, Wood | | | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |17-0 |Gomez, Bigelow, | | | | |Bloom, Bonta, | | | | |Calderon, Chang, | | | | |Daly, Eggman, | | | | |Gallagher, | | | | | | | SB 36 Page 2 | | | | | | | |Eduardo Garcia, | | | | |Holden, Jones, Quirk, | | | | |Rendon, Wagner, | | | | |Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------ SUMMARY: Requires the Department of Health Care Services (DHCS) to submit an application to the federal Centers for Medicare and Medicaid Services (CMS) for a waiver of federal Medicaid requirements to implement a demonstration project. Contains an urgency clause to ensure that the provisions of this bill go into immediate effect upon enactment. EXISTING LAW: 1)Establishes the Medi-Cal program to provide comprehensive health benefits to low-income persons. 2)Establishes a demonstration project under the Medi-Cal program until October 31, 2015, to implement specified objectives, including better care coordination for seniors and persons with disabilities and maximization of opportunities to reduce the number of uninsured individuals. FISCAL EFFECT: According to the Assembly Appropriations committee, this bill in its current form does not result in additional state costs. DHCS is currently incurring staff and in-kind costs for development of a "Section 1115 Waiver," so called for the section of federal law that provides CMS broad authority to waive provisions of federal Medicaid law to seek improved outcomes. Private foundations have committed about $650,000, and about $250,000 in federal matching funds are likely available for these purposes. Foundations are also SB 36 Page 3 funding additional consulting work related to waiver development. If this bill is amended to include specific waiver provisions, such provisions are likely to have significant fiscal effects. COMMENTS: According to the author, Section 1115 Medicaid waiver renewal is critical to the long-term fiscal sustainability of the Medi-Cal program and to California's ability to continue to provide high quality health care to Medi-Cal beneficiaries. The goals of the waiver are to continue to support Patient Protection and Affordable Care Act implementation, improve the health care outcomes of the over 12 million individuals enrolled in Medi-Cal, and provide long-term fiscal stability of the Medi-Cal program through delivery system transformation. Specific strategies anticipated to be included in the waiver renewal include a federal-state shared savings initiative; housing and supportive services for vulnerable populations; various health plan and provider delivery system transformation and alignment incentive programs, including a new Delivery System Reform Incentive Program at designated public hospitals and non-designated public hospitals; workforce development strategies to expand provider access and, capacity; and safety net payment and delivery system transformation. Federal Section 1115 Waiver and Expenditure Authority. Medicaid (Medi-Cal in California) is a joint federal-state program to provide health coverage to low-income individuals. Section 1115 of the federal Social Security Act gives the Secretary of the Department of Health and Human Services (HHS) authority to waive provisions of major health and welfare programs. This includes certain federal Medicaid requirements in any experimental pilot or demonstration project which, in the judgment of the HHS Secretary, is likely to assist in promoting the objectives of SB 36 Page 4 Medicaid. In addition, Section 1115 also allows states to use federal Medicaid funds to reimburse for costs in ways that are not otherwise allowed under federal Medicaid law. Bridge to Reform Waiver. California's existing Section 1115 waiver, commonly called "the California Bridge to Reform Demonstration" is a five-year demonstration of health care reform initiatives that was projected to provide an additional $10 billion in federal funds over the lifetime of the waiver. The waiver prepared the state for successful implementation of health care reform through an early expansion of Medicaid, and tested innovations in health care support for safety net providers. California is currently in the fourth year of this waiver, which began November 1, 2010, and expires October 31, 2015. Support. The California Association of Physician Groups (CAPG) supports this bill as a measure that encourages the implementation of the Triple Aim which includes decreased cost, improved patient experience and development of population health management. CAPG writes the new "Medi-Cal 2020" waiver seeks approximately $17 billion in federal investment to further the achievements California has made in health care reform. The California State Association of Counties supports this bill because DHCS' Medi-Cal 2020 waiver renewal addresses the counties' priorities, and introduces a new concept transforming California's public safety net for the remaining uninsured by creating a global payment system. There is no known opposition to this bill. Analysis Prepared by: Roger Dunstan / HEALTH / (916) 319-2097 FN: 0001443 SB 36 Page 5