BILL ANALYSIS                                                                                                                                                                                                    Ó



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          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,            |                    |
          |                |     |                      |                    |








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          |                |     |                      |                    |
          |                |     |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  








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          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  








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          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









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