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 --