BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 123


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          Date of Hearing:   June 22, 2016


                           ASSEMBLY COMMITTEE ON EDUCATION


                              Patrick O'Donnell, Chair


          SB  
          123 (Liu) - As Amended June 16, 2016


          [This bill was double referred to the Assembly Health Committee  
          and was heard as it relates to that committee's jurisdiction.]


          SENATE VOTE:  39-0


          SUBJECT:  Medi-Cal:  School-Based Administrative Activities 


          SUMMARY:  Revises the administrative claiming process for local  
          educational agencies (LEAs) that conduct school-based  
          administrative activities relating to the Medi-Cal program.   
          Specifically, this bill: 


          1)Requires the Department of Health Care Services (DHCS), in  
            consultation with the State Department of Education (CDE), to  
            establish a School-Based Health Program and Policy Workgroup  
            (Workgroup), in order to assist DHCS in formulating the state  
            plan amendments required and for the purpose of advising DHCS  
            on issues related to the delivery of school-based Medi-Cal  
            services to students. Requires the scope of the workgroup to  
            include, but not be limited to, improving the operation of and  
            participation in all of the following school-based health  
            programs:








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             a)   The School-Based Administrative Claiming process  
               program.
             b)   The LEA billing option 


             c)   The Early and Periodic Screening, Diagnosis, and  
               Treatment (EPSDT) Program.


             d)   Other school-based health and mental health programs,  
               including school-based health centers which may receive  
               Medi-Cal funding.





          2)Requires DHCS, beginning the 2017-18 state fiscal year, and  
            annually thereafter, to publish the following reports on a  
            section of its Internet Web site:



             a)   A report that details the costs of operating the  
               School-Based Administrative Claiming process program  
               including the cost of conducting the random moment time  
               survey (RMTS) and any vendor fees, lists each participating  
               LEA, and cost savings realized through the restructuring of  
               the Administrative Claiming process program through  
               implementation of the School-Based Administrative Claiming  
               process program.



             b)   A report that details the costs of operating the LEA  
               Medi-Cal billing option program that lists each  








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               participating LEA.



             c)   A report regarding the rate of participation of LEAs in  
               the EPSDT Program.


          3)Establishes that it is the intent of the Legislature to  
            provide local governmental agencies (LGAs) with the option to  
            participate in the Targeted Case Management (TCM) program and  
            to provide LEAs with the option to participate in the  
            Administrative Claiming process program.



          4)Authorizes DHCS to contract with a participating LEA to  
            perform administrative activities necessary for the proper and  
            efficient administration of the School-Based Administrative  
            Claiming process.



          5)Requires each participating LEA, as a condition of  
            participation in the School-Based Administrative Claiming  
            process program for the purpose of claiming federal Medicaid  
            reimbursement, to enter into a contract with DHCS and to  
            certify to DHCS the total amount it expended on the allowable  
            administrative activities.



          6)Requires DHCS to deny a claim if it determines that the  
            certification is not adequately supported, or otherwise does  
            not comply with federal requirements, for purposes of claiming  
            federal financial participation (FFP). Permits an LEA to  
            request a reconsideration of a denied claim within 30 days  
            after receipt of written notice of the denial and establishes  
            a denial review process, as specified. Permits DHCS to recoup  








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            the cost of disallowed claims that have been paid to an LEA  
            with interest.



          7)Requires each School-Based Administrative Claiming process  
            contract to include a requirement for each participating LEA  
            to submit a claiming plan, as prescribed by DHCS in  
            regulations developed in consultation with LEAs.



          8)Requires each participating LEA to certify to DHCS that: 1)  
            the LEA expended funds from its general fund or from any other  
            fund allowed under federal law and regulation to pay for 100  
            percent of the cost of performing School-Based Administrative  
            Claiming process program activities; and, 2) for each fiscal  
            year, that the LEA's expenditures represent costs that are  
            eligible for FFP for that fiscal year.



          9)Holds the state harmless from any federal audit disallowance  
            and interest resulting from payments made to a participating  
            LEA for a disallowed claim. If a federal audit disallowance  
            results from a claim for a participating LEA that has already  
            received reimbursement, DHCS may recoup the disallowed claim  
            from the LEA, as specified.



          10)Requires DHCS, in consultation with LEAs, to adopt  
            regulations that prescribe the requirements for the submission  
            and payment of claims for administrative activities performed  
            by each participating LEA. 



          11)Permits LEAs to claim the actual costs of nonemergency,  








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            nonmedical transportation of Medi-Cal eligibles to Medi-Cal  
            covered services, through, and only through, the Medi-Cal  
            administrative activities program. 



          12)Requires LEAs participating in the School-Based  
            Administrative Claiming process to pay an annual participation  
            fee through a mechanism agreed to by the state and LEAs to be  
            used to cover the cost of administering the School-Based  
            Administrative Claiming process, including, but not limited  
            to, claims processing, technical assistance, and monitoring.  
            Requires the amount of the participation fee to be based upon  
            the anticipated salaries, benefits, and operating expenses to  
            administer the School-Based Administrative Claiming process  
            and other costs related to that process. 



          13)Defines LEA as county offices of education, special education  
            local plan areas, Healthy Start programs, any governing body  
            of any school district or community college district, the  
            county office of education, a charter school, a state special  
            school, a California State University campus, or a University  
            of California campus.



          14)Requires each LEA to notify DHCS of its intent to participate  
            in the School-Based Administrative Claiming process program 90  
            days prior to the initial participation.



          15)Requires each participating LEA to prepare and submit claims  
            directly to DHCS.











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          16)Specifies that county offices of education or local  
            government agencies are not prohibited from providing services  
            to LEAs to facilitate participation in school-based health  
            programs on a fee-for-service basis. 


          17)Specifies that county office of education or a local  
            educational consortium providing services to a local  
            educational agency are not prohibited from contracting with  
            private or public entities to assist with the performance of  
            administrative activities necessary for the proper and  
            efficient administration of the Medi-Cal program.


          18)Requires DHCS, by July 1, 2017, to enter into an interagency  
            agreement or memorandum of understanding (MOU) with CDE to  
            coordinate the efforts of both departments with respect to the  
            School-Based Administrative Claiming process program and the  
            LEA billing option. The agreement or MOU shall focus on the  
            following:





             a)   Maximizing DHCS's Medicaid Program expertise;



             b)   Coordinating functions and resources between DHCS and  
               CDE, and building personnel capacity at CDE, to assist LEAs  
               in implementing and meeting the requirements of the  
               School-Based Administrative Claiming process and the LEA  
               billing option at the local level, including an agreement  
               of the use of funds provided for the administration of  
               these programs; and,











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             c)   Developing a process by which a LEA may appeal an action  
               of DHCS or CDE with respect to the School-Based  
               Administrative Claiming process program or the LEA billing  
               option. Requires the appeals process to utilize the Office  
               of Administrative Hearings, or another neutral third party  
               acceptable to the department and the State Department of  
               Education, as the appeals authority.



          19)Requires DHCS to do the following in developing the  
            interagency agreement or MOU with CDE:



             a)   Estimate the cost savings resulting from the  
               restructuring of the Administrative Claiming process  
               program through implementation of the new School-Based  
               Administrative Claiming process program.  Requires DHCS to  
               provide the estimate of cost savings, data used to support  
               the estimate, and a description of the methodology used to  
               calculate the estimate to CDE.



             b)   Consult with relevant nonprofit organizations involved  
               in facilitating information sharing among state Medicaid  
               and education agencies involved in the administration of  
               Medicaid claiming for school-based services to identify,  
               and implement if feasible, best practices that accomplish  
               the coordination of efforts required.



             c)   Consult with the School-Based Health Program and Policy  
               Workgroup regarding the impact of the implementation of the  
               School-Based Administrative Claiming process program on  
               operations at the local level.









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          20)Requires any savings resulting from the restructuring of the  
            Administrative Claiming process program through implementation  
            of the School-Based Administrative Claiming process program  
            and available to DHCS to be directed toward implementation of  
            the interagency agreement or MOU.



          EXISTING LAW:   


          1)Authorizes 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)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)





          3)Requires each LEA that elects to participate in School-Based  
            Medi-Cal Administrative Activities (MAA) to submit claims  
            through its local educational consortium or LGA, but not both.
          4)Defines a LEA for purposes of MAA as the governing body of any  
            school district or community college district, the county  
            office of education, a state special school, a California  
            State University campus, or a University of California campus  
            that participates in the Administrative Claiming process as a  
            subcontractor to the local educational consortium in its  
            service region.










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          5)Permits a LGA or local educational consortium to charge an  
            administrative fee to any entity claiming Administrative  
            Claiming through that agency.

          FISCAL EFFECT:  Unknown

          COMMENTS:  Background: The School-Based Medi-Cal Administrative  
          Activities (MAA) program provides federal reimbursements to  
          local educational agencies for the federal share 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  
          Centers for Medicare and Medicaid Services administers the MAA  
          program at the federal level, and the DHCS administers the MAA  
          program for the State.





          In 2012-13, 825 LEAs were involved in the MAA program, a  
          decrease from 836 in FY 2010-11.  LEAs that elect to participate  
          in MAA must submit claims through a LEC or LGA.  As a condition  
          of participation in MAA, each participating LGA and LEC is  
          required to pay an annual fee to DHCS.  The participation fee is  
          used to cover the DHCS' cost of administering the MAA claiming  
          process, including claims processing, technical assistance, and  
          monitoring. Due to concerns regarding a lack of compliance and  
          oversight, CMS has deferred reimbursements for claims through  
          the MAA program since 2012.  Approximately $0.5 billion in  
          reimbursable funds has not been paid to California school  
          districts in the last five years.




          








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          According to the author, the MAA program typically supports  
          school nurses, psychologists, health aides, family resource  
          centers and other activities ensuring that California's neediest  
          students are accessing and receiving health and mental health  
          services.  The LEA Billing Option Program currently supports  
          health services for special education students.  These programs  
          have been fraught with issues including the federal deferral of  
          funds for the MAA program that resulted in hundreds of millions  
          of dollars being owed to California schools going back to 2010.   
          This bill builds on the recommendations of the State Audit of  
          MAA programs issued last year which Senator Liu requested via  
          the Joint Legislative Audit Committee (JLAC).  This bill  
          provides more options and local control for school districts,  
          charters and other LEAs to utilize technical support providers  
          they feel meet their needs rather than require them to use the  
          intermediary structure currently mandated in statute by allowing  
          local education agencies to contract directly with DHCS in a  
          more streamlined, accountable, and cost effective structure as  
          recommended by the state auditor.  





          Improving school-based health services requires effective  
          coordination between California's health and education systems.   
          This bill requires development of an interagency agreement  
          between DHCS and CDE to help ensure that collaboration is  
          institutionalized and represents the best practices outlined in  
          the recent federal guidance regarding high impact opportunities  
          to support healthy students through inter-agency collaboration  
          at the federal, state, and local level.  Federal requirements  
          call for an interagency agreement between the health and  
          education agencies in states to operate these programs.   
          California currently does not have that interagency agreement.  












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          The author concludes that improving school-based health services  
          is a critical strategy to address the achievement gap in our  
          schools and health and education equity issues in California.   
          These vital programs must be operated at a level that meets the  
          benchmark of national best practices in order to meet the needs  
          of California's most vulnerable children.


          Definitions.  A LEA is any school district or community college  
          district, a county office of education, a state special school,  
          a California State University campus, or a University of  
          California campus.  A LEC is a group of LEAs that are all in one  
          same region out of the 11 service regions established by the  
          California County Superintendent Educational Services  
          Association.  A LGA is a county, county agency, chartered city,  
          Native American Indian tribe, tribal organization, or subgroup  
          of a Native American Indian tribe or tribal organization.  DHCS  
          currently contracts with LGAs and LECs that consolidate claims  
          provided by LEAs for a fee.



          2015 State Auditor's Report.  In July 2014, Senator Liu  
          requested the Joint Legislative Audit Committee approve an audit  
          of MAA and the LEA Billing Option, the effectiveness of the LECs  
          and LGAs associated with administering the program, the extent  
          to which the necessary administrative controls and structures  
          are in place to ensure schools receive the allowed Medicaid  
          funding.  The State Auditor concluded that while the  
          reasonableness test criteria process DHCS used to review  
          reimbursement claims for the MAA program from October 2013  
          through October 2014 was reasonable and not inconsistent with  
          federal requirements, DHCS approved fewer than 10% of the claims  
          submitted under this process. The entities with which DHCS  
          contracts to review reimbursement claims-LECs and LGAs-added  
          little value during this review process; they approved and  
          forwarded to DHCS claims that did not comply with the  
          reasonableness test criteria benchmarks and other limits. The  








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          Audit noted that at the time, DHCS was behind in its required  
          reviews of LECs and LGAs, which the Auditor noted increased the  
          risk that these entities are not performing the administrative  
          tasks for which they are responsible. DHCS also does not  
          effectively oversee the contracts between the LECs or LGAs and  
          the claiming units.


          The Auditor also found that DHCS missed an opportunity to cut  
          costs through the implementation of a single statewide quarterly  
          time survey when it implemented the RMTS methodology.  The Audit  
          estimated that the administrative activities program could save  
          as much as $1.3 million annually in coding costs alone if DHCS  
          conducted a single statewide quarterly time survey.  However, if  
          DHCS implemented its own single statewide quarterly survey and  
          took over responsibility for overseeing the administrative  
          activities program, thus eliminating the need to use the LECs  
          and LGAs for these purposes, it would result in significant  
          savings to the administrative activities program.


          The Auditor found that DHCS could increase federal funding by an  
          estimated $10.2 million annually if more claiming units  
          participated in the program and could have increased federal  
          reimbursements by about $4.6 million from February 2009 through  
          June 2015 if it increased the reimbursement rate for translation  
          activities to the rate allowed by federal law.  Additionally,  
          DHCS has not complied with state law requiring the adoption of  
          regulations for its administrative activities program and has  
          failed to issue a required annual report for its billing option  
          program.


          Federal financial report on MAA.  The Centers for Medicare &  
          Medicaid Services (CMS) performed a Financial Management Report  
          of MAA for the period July 2010 through June 2011, during which  
          time California claimed $188.9 million in federal Medicaid  
          matching funds.  The purpose of the review was to determine if  
          California properly claimed federal Medicaid reimbursement for  








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          administrative costs in accordance with federal regulations and  
          California's approved School-Based Administrative Claiming  
          Guide.  CMS' review found serious deficiencies within the  
          program. 



          The CMS review included visiting Turlock Unified School District  
          (Turlock), Tulare County Office of Education - Special Services  
          Division (Tulare) and Santa Barbara County Education Office -  
          Special Education (Santa Barbara).  The review found two  
          (Turlock and Tulare) of the three entities did not comply with  
          federal regulations or the federal OMB Circular A-87.  The  
          review was critical of DHCS for its lack of oversight and  
          monitoring of invoices submitted, and inconsistency across  
          school districts over the oversight that each individual LEC/LGA  
          performs in a review over the amounts claimed.  CMS found a lack  
          of internal controls, operating procedures and financial  
          oversight to ensure compliance with federal regulation and the  
          OMB circular, and the approved claiming plan did not comply with  
          federal regulation and the OMB circular.

          Committee Amendments:


          1)Specify additional members of the workgroup described in  
            Section 14005.272 and clarify the scope of the workgroup.
          2)Specify that DHCS shall provide one annual report on all three  
            topics specified, not separate annual reports.


          3)Clarify that DHCS shall contract with LEAs, at the LEA's  
            choosing, to perform administrative activities. 


          4)Clarify that LEAs shall only pay for services they contract  
            for from LECs and LGAs.










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          5)Make clarifying changes regarding CDE's role in the workgroup  
            and the MOU.


          6)Make technical and conforming changes.





          Previous Legislation: AB 1955 (Pan) from 2014, which was held on  
          the Assembly Appropriations Committee's suspense file, among  
          other things, required DHCS and the California Department of  
          Education (CDE) to cooperate and coordinate efforts in order to  
          maximize receipt of federal financial participation under the  
          Administrative Claiming process, and required DHCS, through an  
          interagency agreement with the CDE, to provide technical advice  
          and consultation to local educational agencies participating in  
          a demonstration project established by the bill, in order to  
          meet requirements to certify and bill valid claims for allowable  
          activities under the Administrative Claiming process.  
          
          SB 231 (Ortiz), Chapter 655, Statutes of 2001, requires the  
          State Department of Health Services (DHS) to amend the Medicaid  
          state plan with respect to the billing option for services by  
                                                 Local Education Agencies (LEAs) to ensure that schools are  
          reimbursed for all eligible services they provide that are not  
          precluded by federal requirements.  Requires DHS to regularly  
          consult with specified entities to assist in the formulating of  
          the state plan amendments.  Permits DHS to enter into a sole  
          source contract to comply with the requirements of this bill.   
          Authorizes DHS to undertake all necessary activities to recoup  
          matching funds from the federal government for reimbursable  
          services that have already been provided in the State's public  
          schools.   


          REGISTERED SUPPORT / OPPOSITION:









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          Support


          California School-Based Health Alliance


          California Teachers Association


          Teachers for Healthy Kids




          Opposition


          Orange County Department of Education




          Analysis Prepared by:Chelsea Kelley / ED. / (916)  
          319-2087