BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 123| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 123 Author: Liu (D) Amended: 5/12/15 Vote: 21 SENATE EDUCATION COMMITTEE: 9-0, 4/22/15 AYES: Liu, Runner, Block, Hancock, Leyva, Mendoza, Monning, Pan, Vidak SENATE HEALTH COMMITTEE: 9-0, 4/29/15 AYES: Hernandez, Nguyen, Hall, Mitchell, Monning, Nielsen, Pan, Roth, Wolk SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15 AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen SUBJECT: Report: School-Based Medi-Cal Administrative Activities program SOURCE: Author DIGEST: This bill requires the Legislative Analyst to review and prepare recommendations relative to the administration and oversight of the School-Based Medi-Cal Administrative Activities program. ANALYSIS: Existing law: SB 123 Page 2 1)Authorizes the California Department of Health Care Services (DHCS) to contract with each participating local governmental agency (LGA) or each local educational consortium (LEC) to assist with the performance of administrative activities. 2)Requires DHCS to deny the claim if it determines that the certification is not adequately supported, or does not otherwise comply with federal requirements. 3)Authorizes each participating LGA or LEC to subcontract with private or public entities to assist with the performance of administrative activities. (Welfare and Institutions Code § 14132.47) This bill: 1)Requires the Legislative Analyst, in consultation with the Department of Education (CDE) and DHCS, to review and prepare specific recommendations relative to the administration and oversight of the School-Based Medi-Cal Administrative Activities (SMAA) program. 2)Requires a report containing the recommendations to be submitted to the Legislature and the Governor by July 1, 2016. 3)Requires the report to consider the report that is expected to be issued by the State Auditor in 2015, and requires the report to include but not be limited to, an evaluation of all of the following: a) The appropriate state agency or agencies to administer the SMAA program. b) Oversight of the administration of the program, including oversight of the state agency, LGAs, and local educational consortia. c) The structure of the SMAA program and the role of each entity, including the LGAs and local educational consortia, how the structures and roles vary across the state, and the efficiency of those structures and roles in providing funds to local educational agencies (LEAs). SB 123 Page 3 d) The relationships, interactions, and communications state agencies have with the federal Centers for Medicare and Medicaid Services (CMS), and the process used to disseminate information from the CMS to LEAs. e) The process for reimbursing claims submitted by LEAs, including the amount reimbursed compared to the amount claimed, the time between submission of a claim and the reimbursement of that claim, and how the claim and reimbursement process varies across the state. f) The purposes for which LEAs use SMAA program funds. g) The relationship between LGAs or LECs and the private or public entities that have been subcontracted to assist with the performance of administrative activities. h) The rates charged by the LGA and LEC, how those rates vary across the state, and how rates are determined. i) The ability of an LEA to contract with an LGA or an LEC of its choosing. j) The feasibility of convening an LEA advisory body for the purposes of providing technical assistance to LEAs and communicating with the administering state agency. aa) The extent to which the state is maximizing federal funds available for the SMAA program. bb) How capacity to operate the SMAA program can be built within LEAs. 1)Requires the DHCS to annually post on its Web site the administrative fee percentage charged by each LGA or LEC. 2)Uses existing definitions of "local governmental agency," "local educational agency," and "local educational consortia" in Welfare and Institutions Code provisions relative to the SMAA program, as follows: a) "Local educational agency" as the governing body of any school district or community college district, the county office of education, a state special school, a California SB 123 Page 4 State University campus, or a University of California campus, that participates under the Administrative Claiming process as a subcontractor to the local educational consortium in its service region. b) "Local educational consortium" means a local agency that is one of the service regions of the California County Superintendent Educational Services Association. c) "Local governmental agency" as a county, chartered city, Native American Indian tribe, tribal organization, or subgroup of a Native American Indian tribe or tribal organization, under contract with DHCS. Background The SMAA program provides federal reimbursements to LEAs for the federal share (50%) of certain costs for administering the Medi-Cal program. Those activities include: outreach and referral, facilitating the Medi-Cal application, arranging non-emergency/non-medical transportation, program planning and policy development, and Medi-Cal administrative activities claims coordination. The federal CMS administers the SMAA program at the federal level, and DHCS administers the SMAA program for the State. Comments 1)The rules keep changing. The audit of three LEAs conducted by CMS determined that the entire State's SMAA claims did not comply with the claiming plan approved by CMS. CMS deferred California's SMAA claims until additional documentation was provided, including the requirement that LEAs provide certification of activities performed to support submitted invoices. In addition, CMS required DHCS to submit a revised time study methodology and statewide claiming plan. [http://www.medicaidfor education.org/filelibrary-name/webcommittee/PDF/SMAA_Ltr_to_CA_ Final.pdf] SB 123 Page 5 a) Accounting methodologies were subsequently implemented as follows: A new Reasonableness Test Criteria was instituted by DHCS in October 2013. b) A new settlement and Random Moment in Time Survey was offered by CMS on October 7, 2014. [http://www.dhcs.ca.gov/provgovpart/ Documents/ACLSS/SMAA/SMAA_Deferral_Resolution_CMS.pdf] c) DHCS agreed to the settlement on October 14, 2014. [http://www.dhcs.ca.gov/provgovpart/Documents/ACLSS/SMAA/SMAA_ SettlementProposal.pdf] d) Revisions resulting in a February 20 settlement proposal. [http://www.dhcs.ca.gov/provgovpart/Documents/ACLSS/SMAA/CMC S_letter_to_California_0315_2.pdf] 2)Current status. Beginning April 1, 2015, the structure of reimbursing claims is as follows: a) Claims under $25,000 will be reimbursed at 90% of the invoice. b) Claims between $25,001-$50,000, a choice of: i) Accepting reimbursement at 75% of the claimed amount with backcasting, or: ii) Accepting reimbursement of either 75% of the claimed amount or a flat $25,000, whichever is higher. c) Claims over $50,000 will be reimbursed at 40% of the claimed amount with backcasting. Backcasting involves the application of the current reimbursement structure to prior claims that were submitted using a different reimbursement structure. 3)Audit request. The author requested an audit of the SMAA program, which was approved by the Joint Legislative Audit Committee in August 2014. This bill requires an evaluation of SB 123 Page 6 additional and current information; there is marginal overlap between the scope of the audit and the evaluation required by this bill. For example, the audit requested information relative to how other states administer this program and information specific to the accounting methodology that is no longer utilized, as well as information specific to the LEA Medi-Cal billing option. This bill seeks an evaluation of the LGA and LEC structure, addressing concerns of LEAs regarding the ability for LGAs and LECs to change accounting codes and claim amounts, and deny claims, submitted by LEAs, the lack of a prohibition against individuals serving on an LGA or LEC and being employed by the subcontractor hired by the LGA or LEC, and the lack of clear rationale for administrative rates charged by LGAs and LECs. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No According to the Senate Appropriations Committee: The Legislative Analyst's Office (LAO) indicates that it would need at least $150,000 to complete the report required by this bill. DHCS expresses the need for one limited-term position (about $100,000 General Fund) to provide the necessary support to LAO with regard to compiling data. DHCS and CDE indicate other workload required by this bill to be minor and absorbable. This bill also creates a potentially significant cost pressure to implement the LAO's recommendations. SUPPORT: (Verified5/29/15) SB 123 Page 7 Auburndale Intermediate School California Pan-Ethnic Health Network California School-Based Health Alliance California School Boards Association California Teachers Association Compton Unified School District Los Angeles Trust for Children's Health Los Angeles Unified School District Mental Health America of California National Association of Social Workers, California Chapter Planned Parenthood Affiliates of California Riverside County Superintendent of Schools San Diego Unified School District San Francisco Unified School District Santa Clara County Office of Education Small School Districts' Association OPPOSITION: (Verified5/28/15) None received ARGUMENTS IN SUPPORT: According to the California School Boards Association, the federal funding that supports a significant number of health services for California's neediest students has been stopped based on inadequate internal controls and program oversight. Due to issues with the administration of the program, California school districts have not been reimbursed for services they provided under the SMAA program for years and are now owed hundreds of millions of dollars. Prepared by:Lynn Lorber / ED. / (916) 651-4105 5/31/15 12:45:19 **** END **** SB 123 Page 8