BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 534 (Pan) - Medi-Cal: ground emergency medical transportation services: supplemental reimbursement. ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: May 5, 2015 |Policy Vote: HEALTH 9 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 18, 2015 |Consultant: Brendan McCarthy | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: SB 534 would authorize government entities to make intergovernmental transfers of funds to the state in order to draw down additional federal funding to offset the unreimbursed costs of providing ground emergency medical transportation services to Medi-Cal beneficiaries. Fiscal Impact: One-time costs up to $1 million to get federal approvals and set up the program requirements by the Department of Health Care Services (reimbursements and federal funds). Current law requires participating government entities to reimburse the Department for any administrative costs to administer the program. SB 534 (Pan) Page 1 of ? Ongoing costs, potentially up to $500,000 per year, to administer the program and facilitate payments to managed care plans (which would then be paid to government entities) (reimbursements and federal funds). Potential increase in federal funding to government emergency services providers in the tens of millions per year (local funds). Under current law, government entities can use a similar system to receive additional federal funding based on their actual expenditures to cover uncompensated costs for providing emergency transportation services in fee-for-service Medi-Cal. Under that program, annual revenues to government entities are projected to be about $25 million per year. This bill will allow government entities to receive supplemental federal funding for managed care beneficiaries. About 80% of Medi-Cal beneficiaries are in managed care. While actual reimbursements to government entities will depend on the amount of intergovernmental transfers and the maximum allowable payments for services, total additional reimbursements under the bill could be several times the reimbursements allowed for similar services provided in the fee-for-service system. Background: Under state and federal law, the Department of Health Care Services operates the Medi-Cal program, which provides health care coverage to low income individuals, families, and children. Medi-Cal provides coverage to childless adults and parents with household incomes up to 138 percent of the federal poverty level and to children with household incomes up to 266 percent of the federal poverty level. The federal government provides matching funds that vary from 50 percent to 90 percent of expenditures depending on the category of beneficiary. The rates that the Medi-Cal program pays ambulance providers (both private companies and public agencies) have not kept up with increasing costs over the years. In addition, Medi-Cal providers, including ground ambulance providers, are subject to a 10 percent rate reduction pursuant to AB 97 (Committee on Budget, Statutes of 2011). This rate reduction went into effect in September 2013. However, unlike some providers, ground ambulance providers will not be subject to retroactive cuts to recoup the savings that the state did not achieve while AB 97 was under court injunction from 2011 to September 2013. SB 534 (Pan) Page 2 of ? Under federal law, there are two methods for government entities to receive additional federal reimbursement for Medicaid expenditures, when the amount of non-federal funding from a state does not fully cover the cost of providing services. Government can receive additional federal funding when they demonstrate that they made "certified public expenditures" to cover the shortfall between their actual cost to provide services to Medicaid beneficiaries and the reimbursement rates that they received from their state. Current state and federal law allows government entities to use this system to receive additional reimbursement of emergency ground ambulance transportation provided through the Medi-Cal fee-for-service system. Federal law does not allow certified public expenditures to be used to receive additional federal funding for services provided through managed care. Federal law also allows government entities to use "intergovernmental transfers" to draw down additional funding for the shortfall between expenditures by government entities and the rates paid by state Medicaid programs. Under an intergovernmental transfer system, a government entity transfers funding to the Department of Health Care Services. The Department uses those funds to draw down federal matching funds and then remits those funds to the government entity. In the fee-for-services system, both the intergovernmental transfer funds and the additional federal funds are remitted directly to the government entity. In the managed care system, the funds are paid to the managed care plan, which then makes supplemental payments to the government entity. Federal law allows intergovernmental transfers to supplement payments for ground emergency medical services in the Medi-Cal managed care system. Proposed Law: SB 534 would authorize government entities to make intergovernmental transfers of funds to the state in order to draw down additional federal funding to offset the unreimbursed costs of providing ground emergency medical transportation services to Medi-Cal beneficiaries. The bill would specify the process and timelines for making intergovernmental transfers to the state and the subsequent payments to managed care plans and government entities. SB 534 (Pan) Page 3 of ? Related Legislation: AB 2577 (Cooley and Pan) was identical to this bill. That bill was vetoed by Governor Brown. Staff Comments: Currently, the state pays on average $150 for ground emergency medical transports in the fee-for-service system. (This average includes a variety of services and additional charges for the specific services provided by ambulance providers.) According to the California Ambulance Association, the average cost to provide these services is close to $600. While the rates paid to providers is not publicly available, providers indicate that payments from managed care plans are also significantly below their costs. This bill would allow public entities that provide such services to receive additional federal funding. The bill would not increase funding to private providers. -- END --