BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 123


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          SENATE THIRD READING


          SB  
          123 (Liu)


          As Amended  August 15, 2016


          Majority vote


          SENATE VOTE:  39-0


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Health          |11-0 |Wood, Bonilla, Burke, |                    |
          |                |     |Campos, Chiu, Roger   |                    |
          |                |     |Hernández, Lackey,    |                    |
          |                |     |Nazarian,             |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Ridley-Thomas,        |                    |
          |                |     |Rodriguez, Thurmond   |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Education       |5-0  |O'Donnell, McCarty,   |                    |
          |                |     |Santiago, Thurmond,   |                    |
          |                |     |Weber                 |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |20-0 |Gonzalez, Bigelow,    |                    |
          |                |     |Bloom, Bonilla,       |                    |








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          |                |     |Bonta, Calderon,      |                    |
          |                |     |Chang, Daly, Eggman,  |                    |
          |                |     |Gallagher, Eduardo    |                    |
          |                |     |Garcia, Holden,       |                    |
          |                |     |Jones, Obernolte,     |                    |
          |                |     |Quirk, Santiago,      |                    |
          |                |     |Wagner, Weber, Wood,  |                    |
          |                |     |McCarty               |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
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          SUMMARY:  Recasts and revises the administrative claiming  
          process for local educational agencies (LEAs) that conduct  
          school-based administrative activities relating to the Medi-Cal  
          program and authorizes the State Department of Health Care  
          Services (DHCS) to withhold a percentage of funds to be  
          reimbursed to LEAs for the purpose of defraying the cost of  
          operating the Administrative Claiming process and School-Based  
          Administrative Claiming process programs, and the appeals  
          process, as specified.  Specifically, this bill:  
          1)Requires, no later than July 1, 2017, DHCS and the California  
            Department of Education (CDE) to establish and jointly  
            administer and chair a School-Based Health Program and Policy  
            Workgroup (workgroup) for the purpose of advising on issues  
            related to the delivery of school-based Medi-Cal services to  
            students in the state.  Requires the workgroup to develop  
            recommendations for an interagency agreement between DHCS and  
            CDE, assist DHCS in formulating state plan amendments, and  
            establishes the scope and membership of the workgroup, as  
            specified.


          2)Permits moneys collected and withheld as agreed to by LEAs as  
            a part of an LEA Medi-Cal billing option program provider  
            participation agreement administered by the DHCS to be used by  
            DHCS and CDE to fulfill the requirements of the interagency  
            agreement or memorandum of understanding (MOU) required in 23)  








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            through 25) below, and the staffing needed to jointly  
            administer and chair the workgroup.


          3)Requires DHCS, beginning the 2017-18 state fiscal year, and  
            annually thereafter, to publish a single annual school-based  
            Medi-Cal report on a section of its Internet Web site that  
            includes the costs to the state of operating the School-Based  
            Administrative Claiming process program and any related fees  
            passed on to LEAs, a list of all participating LEAs, the costs  
            of operating the LEA Medi-Cal billing option program, a list  
            of each LEA participating in the LEA Medi-Cal billing option  
            program and other information as specified.


          4)Permits DHCS to contract with each participating local  
            governmental agency (LGA) to assist with the performance of  
            nonschool-based administrative activities necessary for the  
            proper and efficient administration of the Medi-Cal program,  
            known as the Administrative Claiming process. 


          5)Permits DHCS to contract with a participating local  
            educational consortium (LEC) or LGA, and requires, if a LEA  
            chooses and DHCS has developed a process for direct  
            contracting, contract with a LEA to perform school-based  
            administrative activities necessary for the proper and  
            efficient administration of the Medi-Cal program, known as the  
            School-Based Administrative Claiming process.


          6)Establishes that it is the intent of the Legislature to  
            provide LGAs with the option to participate in the Targeted  
            Case Management program and to provide LEAs with the option to  
            participate in the Administrative Claiming process program.


          7)Permits, commencing July 1, 2018, DHCS to contract with each  
            participating LGA to assist with the performance of  








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            nonschool-based administrative activities necessary for the  
            proper and efficient administration of the Administrative  
            Claiming process and sets out contracting provisions,  
            processes for the denial of claims, processes for the appeals  
            of denials, and other requirements of participation, as  
            specified.


          8)Permits, commencing July 1, 2018, DHCS to administer, or  
            oversee the administration of, a single statewide quarterly  
            random moment time survey (RMTS) for the School-Based  
            Administrative Claiming process program, or a reduction in the  
            number of random moment time surveys conducted in the state.


          9)Exempts the Los Angeles Unified School District (LAUSD) from  
            the statewide quarterly RMTS and requires LAUSD to conduct its  
            own RMTS.  Requires data from the RMTS conducted by LAUSD to  
            be excluded included in the statewide RMTS data collection.


          10)Permits an LEA that contracts with DHCS to contract with an  
            LEC or LGA to perform some or all of the services required by  
            the School-Based Administrative Claiming process.


          11)Requires, as condition of participation in the School-Based  
            Administrative Claiming process program, each participating  
            LEA, LEC or LGA to enter into a contract with DHCS and to  
            certify the total amount expended on the allowable  
            administrative activities.  Permits an LEA to certify the  
            amount expended on allowable administrative activities either  
            directly to DHCS or through an LEC or LGA.


          12)Requires DHCS to deny a claim if it not adequately supported,  
            or otherwise does not comply with federal requirements, for  
            purposes of claiming federal financial participation (FFP).









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          13)Requires each School-Based Administrative Claiming process  
            contract to include a requirement for each participating LEA,  
            LEC, or LGA to submit a claiming plan as required by DHCS in  
            regulations developed in consultation with LEAs, LECs, and  
            LGAs.


          14)Requires each participating LEA, LEC or LGA to certify to  
            DHCS that the participant claiming federal Medicaid  
            reimbursement expended funds appropriately and that the  
            reimbursement represents costs that are FFP eligible.


          15)Requires that the state be held harmless from any federal  
            audit disallowance and interest resulting from payments made  
            to a participating LEA, LEC or LGA for a disallowed claim and  
            requires DHCS to recoup from the participant that submitted  
            the disallowed claim the amount of the disallowance and  
            interest as specified.


          16)Permits DHCS to adopt regulations that prescribe the  
            requirements for the submission and payment of claims for  
            administrative activities performed by each LEA, LEC or LGA.


          17)Specifies that administrative activities be those determined  
            by DHCS to be necessary for the proper and efficient  
            administration of the state's Medicaid plan and be defined in  
            regulation.


          18)Requires DHCS to establish provisions for an LEA, LEC or LGA  
            to appeal a denied claim to DHCS, as specified. 


          19)Requires, as a condition in the School-Based Administrative  
            Claiming process, each participating LEA, LEC, or LGA to pay  








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            an annual participation fee through a mechanism agreed to by  
            the state and the participant to cover the cost of  
            administering the School-Based Administrative Claiming  
            process.  Requires DHCS to determine and report staffing  
            requirements upon which projected costs will be based and  
            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.


          20)Requires each participating LEA, LEC, or LGA that contracts  
            with DHCS to be responsible for the preparation and submission  
            of all administrative claiming plans, training of local  
            educational agency staff, and the submission of detailed  
            quarterly invoices.


          21)Requires a participating LEC to be responsible for a LEA with  
            which it contracts that participates in the School-Based  
            Administrative Claiming process program solely as a  
            subcontractor to the LEC, including, but not limited to, the  
            preparation and submission of all administrative claiming  
            plans, training of local educational agency staff, overseeing  
            the local educational agency time survey process, the  
            submission of detailed quarterly invoices on behalf of any  
            participating LEA, and ensuring that the LEA complies with all  
            requirements of the School-Based Administrative Claiming  
            process program.


          22)Permits DHCS to seek any state plan amendments necessary,  
            specifies that the School-Based Administrative Claiming  
            process program only be implemented to the extent that FFP is  
            available and permits DHCS to implement or interpret any  
            provisions necessary by means of all-county letters, provider  
            bulletins, or similar instructions.










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          23)Requires DHCS, by July 1, 2018, to enter into an interagency  
            agreement or 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. 


          24)Establishes similar provisions for each LGA contracting with  
            DHCS to provide nonschool-based administrative activities  
            necessary for the proper and efficient administration of the  
            Administrative Claiming process.


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


             a)   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.


             b)   Consult with the workgroup regarding the impact of the  
               implementation of the School-Based Administrative Claiming  
               process program on operations at the local level and  
               develop a schedule for the regular ongoing meetings of the  
               workgroup.


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee: 


          1)This bill requires DHCS to develop an appeals process, staff a  
            workgroup, and develop an MOU.  Staffing the workgroup and  
            developing the MOU would be a one-time cost of $600,000.   
            Costs for the appeals process could be in the range of $2  








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            million or more ongoing, including informal and formal  
            appeals, and related legal services (LEA reimbursement  
            funds/federal). 


          2)Additional costs are possible if the workgroup recommends and  
            DHCS conducts activities that are authorized (not required)  
            under this bill, including the following: 


             a)   A statewide random moment time survey (cost of $9  
               million in year-one costs and $6 million ongoing.  One-time  
               costs would include $3 million in General Fund (GF) costs,  
               while the fund source for the remainder and the ongoing  
               costs would be LEA reimbursement funds/federal funds).  


             b)   Making available direct contracting with LEAs ($2.4  
               million ongoing in LEA reimbursement funds/federal funds).


          3)Ongoing cost to CDE of $222,000 to jointly co-chair the  
            workgroup, assist in developing recommendations for the  
            Smarter Balanced Assessment Consortium (SBAC) and LEA Billing  
            Option programs, provide consultation, and develop an  
            interagency agreement or MOU with DHCS (likely LEA  
            reimbursement funds/federal).


          4)If the role and responsibilities of CDE increase upon  
            completion of the workgroup MOU, potential additional costs to  
            CDE (likely LEA reimbursement funds/federal/potentially GF).


          COMMENTS:  According to the author, the Medi-Cal Administrative  
          Activities (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  








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          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.  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.  


          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.


          The California School-Based Health Alliance states that this  








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          bill will provide needed reform for School-based Medi-Cal  
          programs.  These programs provide a vital source of funding for  
          school-based health services in California.  Effective  
          cross-agency collaboration is vital to deliver high-quality  
          school-based health services to California students.  This bill  
          will build an essential link between California's healthcare and  
          education systems to provide support services for our state's  
          most vulnerable students.


          The California Teachers Association states that the current  
          program has become too cumbersome with many districts dropping  
          out of the program over the last several years even through it  
          can provide a vital source of funding for school-based health  
          services in California.  What is missing is an active role for  
          the education community where the school community can bring to  
          the program its expertise and help to create an effective  
          program.  California should maximize all allowable federal funds  
          and ensure that as many dollars as possible reach local schools  
          to provide services to children.  Creating a hub within CDE to  
          oversee the various health programs operated by school districts  
          would help to sharpen the focus on these programs that provide  
          vital support to students and their families.


          The California County Superintendent Educational Services  
          Association states that there is merit in the priorities of this  
          bill concerning the commitment to school-based health care  
          centers and community schools, broad-based collaboration, and an  
          improved appeals process.  However, these potential positives  
          are overwhelmed by the disruption that would occur by changing  
          the organizational structure precisely when the program is  
          beginning to stabilize again.


          The Kern County Superintendent of Schools states that while the  
          bill purports to address a long history of confusion among  
          governmental agencies in the federal MAA claiming process and  
          attempts to implement recommendations that have been made by the  








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          State Auditor General designed to help LEAs better understand  
          the claiming process, the bill replaces the current structure of  
          LEC support and oversight of LEA reporting and claiming with a  
          structure that requires LEAs to contract directly to CDE/DHCS.   
          All LEAs, would be responsible for preparation and submission of  
          claiming plans, training of staff and submission of detailed  
          quarterly invoices.  LEAs would now be required to pay for  
          additional support and technical assistance in preparing  
          claiming plans on a FFS basis.  This bill will make it harder  
          for LEAs to file accurate claims and may result in significant  
          increased costs that school districts pay for claim filings by  
          eliminating:  1) the essential role that LECs play in assisting  
          districts with their School-based Medi-Cal Administrative  
          Activities (SMAA) claims; and, 2) assurances that claims are  
          filed in a manner that is consistent with the requirements of  
          federal law.  This is particularly true for the small districts  
          with less than 5,000 average daily attendance. 




          Analysis Prepared by:                                             
                          Paula Villescaz / HEALTH / (916) 319-2097  FN:  
          0004144