BILL ANALYSIS Ó SB 815 Page 1 Date of Hearing: June 8, 2016 ASSEMBLY COMMITTEE ON HEALTH Jim Wood, Chair SB 815 (Hernandez and De León) - As Amended June 2, 2016 SENATE VOTE: 39-0 SUBJECT: Medi-Cal: demonstration project. SUMMARY: Enacts the Global Payment Program (GPP), and the Public Hospital Redesign and Incentives in Medi-Cal (PRIME) components of the Medi-Cal 2020 Demonstration Project Act (Medi-Cal 2020/Demonstration Project), administered by the Department of Health Care Services (DHCS) which implements the Special Terms and Conditions (STCs) approved by the federal Centers for Medicare and Medicaid Services (CMS). Codifies the access assessment requirement under the STCs. Specifically, this bill: General Provisions 1)Requires the STCs to prevail in the event of a conflict with this bill. 2)Authorizes DHCS to implement, interpret, or make specific this bill or the STCs through all-county letters, plan letters, provider bulletins, or other actions without regulatory SB 815 Page 2 action. Requires DHCS to inform specified committees of the Legislature when this action is taken. 3)Exempts contracts entered into by DHCS for purposes of this bill from the Public Contract Code and approval by Department of General Services (DGS). 4)Requires DHCS to seek any federal approval to implement this bill and conduct any study or activity required under the STCs. Implements this bill only if necessary federal approvals and federal financial participation (FFP) are available. 5)Authorizes the Director of DHCS to modify any process or methodology if necessary to comply with federal law or the STCs if the modification is consistent with the goals of the demonstration project. Requires, if the modification is consistent with the goals of this bill or would alter the level of support for affected participating entities, the modification will not be made and requires the Director to execute a declaration stating that this determination has been made. Specifies posting and notification requirements for the declaration. 6)Provides that in the event of a determination that the amount of FFP available under the demonstration project is reduced due to the application of penalties set forth in the STCs, the enforcement of the demonstration project's budget neutrality limit or other similar, occurrence, DHCS is required to develop the methodology by which payments under the demonstration project are to be reduced, as specified. 7)Authorizes DHCS to develop potential successor payment methodologies that could continue to support entities SB 815 Page 3 participating in the demonstration project, as specified. Requires DHCS to consult with entities participating in developing successor payment methodology. Authorizes an extension of the payment methodologies through demonstration year 16 or to subsequent time periods, as specified. 8)Authorizes DHCS to claim FFP for expenditures associated with the designated state health programs (DSHP), as specified. Provides that any FFP claimed under DSHP shall be used to offset applicable General Fund (GF) expenditures. Global Payment Program 1)Requires DHCS to implement the GPP to support participating public health care systems (systems) that provide health care services for the uninsured. States that GPP systems receive global payments based on the health care they provide to the uninsured, in lieu of traditional disproportionate share hospital (DSH) payments and safety net care pool payments (SNCP), as specified. 2)Requires systems to receive GPP payments calculated using an innovative value-based point methodology that incorporates measures of value for the patient in conjunction with the recognition of costs. Requires a system, to receive the full amount of GPP payments, to provide a threshold level of services measured through a point methodology, as specified, and based on the GPP system's historical volume, cost, and mix of services. Specifies that this payment methodology is intended to support GPP systems that continue to provide services to the uninsured, while incentivizing the GPP systems to shift the overall delivery of services for the uninsured to provide more cost-effective, higher value care. 3)Requires DHCS to implement and oversee the GPP pursuant to the SB 815 Page 4 STCs, to maximize the amount of FFP available to participating systems. 4)Defines a GPP system as a system consisting of a designated public hospital (DPH), but excluding hospitals operated by the University of California (UC), and its affiliated and contracted providers. Authorizes multiple DPHs operated by a single legal entity to belong to the same GPP system, as specified. 5)Requires DHCS to determine the GPP's aggregate annual limit, which is the maximum amount of funding available under the GPP and which is the sum components of the following: a) A portion of the federal disproportionate share allotment shall be included as a component of the aggregate annual limit for each GPP program year, as specified; and, b) The aggregate annual limit amount shall also include the amount authorized under the demonstration project for the uncompensated care component of the GPP, as specified. 6)Requires DHCS to do the following: a) Develop a methodology for valuing health care services and activities provided to the uninsured that achieves the goals of the GPP. Requires the points assigned to a particular service or activity to be the same across all GPP systems. Specifies when points may be increased or decreased; b) For each GPP system, perform a baseline analysis for each GPP system's historical volume, cost, and mix of services to the uninsured to establish an annual threshold SB 815 Page 5 for the GPP; c) Determine a pro rata allocation percentage for each GPP system, as specified; d) Determine an annual budget the GPP system will receive if it achieves its threshold; e) Specify the formula for the GPP system's annual budget; f) Adjust and recalculate each GPP systems' annual threshold and annual budget if there is a change in the aggregate annual limit; g) Specify a reporting schedule for GPP systems to submit an interim yearend report and a final reconciliation report, as specified; and, h) Claim FFP for GPP payments using intergovernmental transfers (IGTs), as specified. 7)Specifies the calculation of the GPP funding payable to each GPP system, including a methodology to redistribute unearned GPP subject to fund availability and the STCs. 8)Specifies the manner and timeframes of payments to GPP systems, but no payment can be delayed beyond 21 days after all the necessary IGTs have been made. 9)States that the GPP provides a source of funding to support health care activities and services available to the uninsured, and not to be construed to constitute or offer health care coverage for individuals receiving services. Provides that the GPP payments are not paid on behalf of specific individuals and allows GPP systems to determine the SB 815 Page 6 scope, type and extent of available services, consistent with the STCs. 10)Requires the nonfederal share of any payments under the GPP to consist of voluntary IGT of funds provided by DPH or affiliated governmental agencies or entities, as specified. Requires DHCS, if FFP is not available or results in recoupment of payments already made, to return any IGT to the transferring entities, as specified. 11)Establishes the GPP Special Fund (Fund) to consist of moneys that a DPH or affiliated governmental agency or entity elects to transfer to DHCS for deposit into the Fund as a condition of participation in the GPP. Provides that moneys derived from these IGTs must be used as a source of the nonfederal share of GPP payments. Specifies distribution of the Fund. 12)Provides that as a condition of participation in the GPP, each DPH or affiliated governmental entity agrees to provide IGT of funds necessary to meet the nonfederal share obligation, as specified. Considers IGT of funds to be voluntary and prohibits the use of the GF monies to fund the nonfederal share of any GPP payment. 13)Specifies how DHCS should determine the IGT amount for each GPP system, including the initial transfer amount that is calculated partly with the use of a GPP system-specific IGT factor for each GPP system, as specified. 14)Authorizes DHCS to initiate audits of GPP systems' data submissions and reports, and to request supporting documentation. Requires DHCS audits to be conducted within 22 months of the ends of the applicable GPP program year to allow for the appropriate finalization of payments to the SB 815 Page 7 participating GPP system, but subject to recoupment if it is later determined that FFP is not available for any portion of the applicable systems. SB 815 Page 8 Public Hospital Redesign and Incentives in Medi-Cal 1)Requires participating PRIME entities to earn incentive payments by undertaking projects set forth in the STCs, for which there are required project metrics and targets. Specifies a minimum number of required projects for each DPH system. 2)Requires DHCS to provide participating PRIME entities the opportunity to earn the maximum amount of funds authorized for the PRIME program under the demonstration project. Under the demonstration project, funding is available for the DPH systems and the district and municipal public hospitals (DMPHs) through two separate pools. Authorizes up to $1.4 billion annually for the DPH systems pool, and up to $200 million is authorized annually for the DMPH pool, during the first three years of the demonstration project, with reductions to such amounts in the fourth and fifth years. Provides that unless authorized by the STCs, the funding that is authorized for each respective pool is only available to participating PRIME entities within that pool. 3)Requires PRIME payments to be incentive payments, and not payments for services otherwise reimbursable under the Medi-Cal, nor direct reimbursement for expenditures incurred by participating PRIME entities in implementing reforms. Prohibits PRIME incentive payments from offsetting payment amounts otherwise payable by the Medi-Cal program, or to and by Medi-Cal managed care plans for services provided to Medi-Cal beneficiaries, or otherwise supplant provider payments payable to PRIME entities. 4)Requires, within 30 days following federal approval of the protocols setting forth the PRIME projects, metrics, and funding mechanics, each participating PRIME entity to submit a SB 815 Page 9 five-year PRIME project plan containing the specific elements required in the STCs. Requires DHCS to review all five-year PRIME project plans and take action within 60 days to approve or disapprove each five-year PRIME project plan. 5)Authorizes PRIME entities to modify projects or metrics in their five-year PRIME project plan, to the extent authorized under the demonstration project and approved by DHCS. 6)Requires each PRIME entity to submit reports to DHCS twice a year demonstrating progress toward required metric targets. Provides that the submission of project reports constitutes a request for payment. 7)Establishes the Public Hospital Investment, Improvement, and Incentive Fund which is continuously appropriated. 8)Establishes requirements for the disbursement timeframe for PRIME payments, incentive payments and aggregate annual amounts, as specified. 9)Provides that the PRIME incentive payments are intended to support DPHs to change care and delivery and strengthen those systems' ability to participate under an alternative payment methodology (APM). Requires DHCS to issue an all-plan letter to Medi-Cal managed care plans that will promote and encourage positive system transformation. 10)Requires DPH to contract with at least one Medi-Cal managed care plan in the service area where they operate using an APM methodology by January 1, 2018. SB 815 Page 10 SB 815 Page 11 Access Assessment 1)Requires DHCS to amend its contract with the external quality review organization (EQRO) currently under contract with DHCS and approved by CMS to complete an access assessment within 90 days of the effective date of this bill. 2)Requires the assessment to do all of the following: a) Evaluate primary, core specialty, and facility access to care for managed care beneficiaries based on current health plan network adequacy requirements, as specified; b) Consider State Fair Hearing and Independent Medical Review decisions, and grievances, and appeals or complaints data; and, c) Report on the number of providers accepting new beneficiaries. 3)Requires DHCS to establish an advisory committee to provide input into the structure of the access assessment. Requires the EQRO to work with DHCS to establish the advisory committee, as specified. 4)Requires the advisory committee to include one or more representatives of the following stakeholders: consumer advocacy organizations, provider associations, health plans and health plan associations, and legislative staff. Specifies functions of the advisory committee. 5)Requires the EQRO to produce and establish an initial draft SB 815 Page 12 and a final access assessment report that includes a comparison of health plan network adequacy compliance across different lines of business. Requires DHCS to post the initial draft for a 30-day public comment period, as specified, and to be posted no later than 10 months after CMS approves the assessment design. Requires DHCS to submit the final access assessment report to CMS no later than 90 days after the initial draft report is posted for public comment. 6)Requires the assessment to do all of the following: a) Measure health plan compliance with network adequacy requirements, as specified; b) Review encounter data, including data from subcapitated plans; c) Review compliance with network adequacy requirements, as specified; d) Review and report applicable network adequacy requirements of the proposed or final Notice of Proposed Rulemaking, as specified; e) Determine health plan compliance with network adequacy, as specified; and, f) Measure managed care plan compliance with network adequacy requirements, as specified, accounting for geographic differences, previously approved alternate network access standards, access to in-network providers and out-of-network providers, the entire network of providers available to beneficiaries, and other modalities used for accessing care, including telemedicine. SB 815 Page 13 7)Provides that this bill becomes operative only if AB 1568 (Bonta) is enacted and takes effect before January 1, 2017. SB 815 Page 14 EXISTING LAW: 1)Establishes the Medi-Cal program, which is administered by DHCS and under which qualified low-income persons receive health care benefits. 2)Establishes a Medicaid Section 1115 demonstration project under the Medi-Cal program until October 31, 2015, known as California's Bridge to Reform, to implement specified objectives, including better care coordination for Seniors and Persons with Disabilities (SPDs) and maximization of opportunities to reduce the number of uninsured individuals. 3)Provides for payments under the state's Bridge to Reform waiver to DPHs (UC and county hospitals), and for federal DSH, payments to private hospitals (referred to as "DSH replacement payments") and nondesignated public hospitals (NDPHs) through October 1, 2015. These provisions: a) Make DPHs eligible for cost-based fee-for-service (FFS) Medicaid funding using county certified public expenditures (CPEs) as the federal match, instead of state GF. DPHs put up the nonfederal share of Medi-Cal FFS payments used to draw down federal Medicaid matching funds, and receive cost-based reimbursement, using CPEs to draw down federal Medicaid matching funds; b) Provide DSH payments to DPHs, using county CPEs and county IGTs to draw down federal DSH funds; c) Provide DSH payments to eligible NDPHs (primarily district hospitals) meeting DSH eligibility criteria, using the GF to draw down federal DSH funds; d) Provide for "DSH replacement payments" to private hospitals meeting DSH eligibility criteria, using non-DSH Medicaid funds and state GF as the fund source; SB 815 Page 15 e) Make DPHs eligible for payments from the federally funded SNCP for uncompensated care; and, f) Make DPHs eligible for payments from the federally funded delivery system reform incentive pool (DSRIP), based on the DPH's progress toward and achievement of milestones and metrics established in its DSRIP proposal, funded by federal funds and IGTs. 4)Authorizes DHCS to request one or more temporary waiver extensions to continue the operation of, and the authorities provided under, the Bridge to Reform. Requires DHCS to extend and apply the existing hospital payment methodologies and allocations on a state fiscal year, annual, partial year, or other basis, to the extent permitted under any approved temporary waiver extension, an approved subsequent waiver, or as otherwise permitted under federal Medicaid law. 5)Requires the Department of Managed Health Care (DMHC) to develop and adopt regulations to ensure that health plan enrollees have access to health care services in a timely manner, and requires DMHC to develop indicators of timeliness and consider the following: a) Waiting times for appointments with physicians and specialists; b) Timeliness of care in an episode of illness, including timeliness to referrals; and, c) Waiting time to speak to a physician, registered nurse, or other qualified health professional. 6)Requires contracts between health plans and health care providers to assure compliance with the timely access standards developed by DMHC. Requires the contracts to require reporting by health care providers to health plans and by health plans to DMHC to ensure compliance with the SB 815 Page 16 standards. 7)Requires health plans to report annually to DMHC on compliance with the timely access standards. 8)Requires DHCS to conduct annual medical audits of each Medi-Cal managed care plan unless the Director of DHCS determines there is good cause for additional reviews. Requires the reviews to use the standards and criteria established pursuant to the Knox-Keene Health Care Service Plan Act of 1975 or Insurance Code, as appropriate. FISCAL EFFECT: According to the Senate Appropriations Committee, over the course of the five-year waiver period, the state will be able to access at least $6.2 billion in additional federal funding that the state would not be eligible for without the waiver. The state is eligible for the additional funding under the waiver for two primary reasons. First, the state's continuing use of Medi-Cal managed care reduces costs relative to the alternative FFS system. The federal government will allow the state to use a portion of those projected savings for waiver programs. Second, the federal government will allow the state to draw down federal matching funds for certain "state only" health care programs that are not currently eligible for federal funding. The GF savings from receiving those additional federal funds will be redirected to a specific waiver program. The following are the major elements of Medi-Cal 2020. Note that the funding amounts are for the five-year waiver period, unless otherwise noted. 1)PRIME - $3.7 billion (federal funds). The PRIME program authorizes federal matching funds to make incentive payments to DPHs and DMPHs in order to improve care delivery and SB 815 Page 17 strengthen their ability to take on risk-based payments. 2)GPP- at least $236 million (federal funds). The GPP restructures the distribution of federal funding for uncompensated care. This includes DSH funding, to DPHs (excluding UC hospitals) in order to incentivize improvements in care delivery and provision of care in appropriate settings. Medi-Cal 2020 maintains the DSH funding methodology for other hospitals, with DSH funding for UC hospitals capped by fiscal year. The $236 million in federal funding is only for the first year of the waiver. Additional funding in subsequent years will be determined based on future uncompensated care. Also, the figures above do not include existing DSH funding of about $5.9 billion in federal funds over the waiver period. 3)Dental Transformation Initiative (DTI) - $375 million (federal funds). The DTI permits incentive payments to qualified dental providers to improve dental care and utilization among children enrolled in Medi-Cal. The state share of funding for this program is provided through the redirection of existing GF support for specific state only health care programs which will be eligible for federal matching funds under the waiver. 4)DSHP - $375 million (federal funds). The waiver authorizes the state to access federal matching funds for several existing health care programs that are currently funded only with state and local funds. By making these programs eligible for federal matching funds, the waiver frees up state funding to support the DTI and to draw down federal matching funds. SB 815 Page 18 5)Whole Person Care (WPC) - $1.5 billion (federal funds). This program allows participating lead entities (primarily counties) to claim federal matching funds for efforts to coordinate health, behavioral health, and social services for high-risk Medi-Cal beneficiaries who are high utilizers of health care services. Federal matching funds will be available for a variety of social services and supports that are not eligible for federal matching funds absent the waiver. DHCS has requested additional administrative funding to oversee Medi-Cal 2020 of $34 million over the five-year waiver period, including $11 million in the budget year (GF and federal funds). COMMENTS: 1)PURPOSE OF THIS BILL. According to the author, this bill is needed to provide the statutory framework for the implementation of Medi-Cal 2020. While the STCs outline the programmatic and financing elements of Medi-Cal 2020, state law changes are required, particularly related to hospital financing. This bill is needed to continue existing Medi-Cal FFS payments to DPHs, to change how federal DSH funds are provided to DPHs consistent with the STCs under the GPP, to continue DSH payments to private and DMPHs, to implement the expanded provisions of PRIME, to appropriate funds for the waiver-related provisions, and to codify the provisions of the STCs requiring a Medi-Cal managed care access assessment. In addition, this bill would grant flexibility to DHCS to implement Medi-Cal 2020 without using the regular contracting and regulatory processes due to waiver timelines, and would require notification to the Legislature regarding waiver-related activities. 2)BACKGROUND. This bill is the companion measure of AB 1568 (Bonta), currently pending in the Senate Health Committee. SB 815 Page 19 The Medi-Cal 2020 waiver includes four major components: GPP, PRIME, WPC, and DTI. This bill contains the provisions implementing the GPP and PRIME and the access assessment requirements while AB 1568 enacts the provisions of WPC and DTI, including all the required evaluations of the four components of the waiver. a) Medicaid Waivers. Under a Medicaid waiver, the federal government waives certain Medicaid requirements to give states the flexibility to operate their Medicaid programs (Medi-Cal in California) and allow states to test new approaches and demonstration projects to improve care. Section 1115 of the Social Security Act authorizes the federal government to grant Medicaid waivers. To obtain a waiver, a state negotiates with CMS about which Medicaid provisions might be waived, what innovations the state is proposing, and how the state plans to achieve budget neutrality (a requirement that waivers cannot cost the federal government more with the waiver than without the waiver). The negotiations are memorialized in the STCs which constitute a contract between CMS and the state. In addition, the state adopts authorizing legislation to implement the waiver. b) History of California's Recent Medicaid Waivers. Apart from the Medi-Cal 2020 Waiver, California has negotiated two other waivers with CMS - the 2005 Medi-Cal Waiver and the 2010 Bridge to Reform Waiver. The 2005 waiver delineated the methods for hospitals to be paid for care to Medi-Cal and uninsured patients. It established a SNCP for public hospitals which subsidized uncompensated care costs for uninsured individuals. The 2005 Waiver also provided federal funds to expand coverage to childless adults under a Coverage Initiative project which has provided financial support to 10 counties. The 2010 Bridge to Reform Waiver was a five-year demonstration of health care reform initiatives that was SB 815 Page 20 projected to provide an additional $10 billion in federal funds over the lifetime of the waiver. The major components of the Bridge to Reform Waiver include: i) Establishing Low-Income Health Programs (LIHP) which allow counties to draw down federal matching dollars to provide coverage to childless adults if they meet certain requirements; ii) Requiring mandatory enrollment of SPDs on Medi-Cal into Medi-Cal managed care plans; iii) Requiring DHCS to establish organized health care delivery pilot models for children with special health care needs who are eligible for both California Children's Services and Medi-Cal; and, iv) Continuing the SNCP to provide funding for public hospitals, a DSRIP, state health care programs, as well as the Health Care Coverage Initiative. The 2010 waiver also implemented a global payment demonstration project for hospitals. 3)DSH. Medicaid DSH payments are federally required Medicaid payments that states make to hospitals that serve a high proportion of Medicaid and other low-income patients. DSH payments supplement regular Medicaid payments for hospital services and are intended to improve the financial stability of safety-net hospitals by offsetting uncompensated care costs for Medicaid and uninsured patients. Each state's annual DSH allotment is calculated by federal law. DSH payments are limited by annual federal DSH allotments to each state. Because hospitals were anticipated to have reduced uncompensated care as a result of the federal Patient Protection and Affordable Care Act (ACA), the ACA reduced SB 815 Page 21 federal DSH funds. Beginning in federal fiscal year (FY) 2014, the ACA proposed to dramatically decrease the amount of funding that will be provided under DSH, based on the premise that the ACA coverage expansions will result in fewer individuals receiving uncompensated care. Under the ACA, the federal Secretary of the Department of Health and Human Services is required to develop a methodology that will reduce the DSH payments by $14.1 billion during the period of 2014 to 2019, pursuant to a schedule set out in the ACA. These reductions increase over time, and by 2019 represent an approximate 50% reduction over baseline projections. These reductions have been delayed multiple times and are currently scheduled to begin in FY 2018. California anticipates receiving $1.2 billion in federal DSH funds in FY 2015-16. Under this bill, and consistent with the previous legislation implementing the 2010 waiver, DHCS will "run the DSH list" to determine which hospitals are eligible for federal DSH funds. In FY 2014-15, the threshold for DSH eligibility is a 40.3% Medi-Cal utilization rate (MUR) or higher, or a low-income utilization rate (LIUR), (county indigent, charity care, and Medi-Cal) of 25% (the 25% LIUR is in statute and applies each year while the MUR varies year-to-year). In FY 2014-15, there were 140 hospitals that were DSH-eligible, plus three UC hospitals (one at UCSF and two at UCLA) that were made DSH-eligible by statute implementing the waiver. Under existing law dating back to 1994-95, the state had a "rake off" of DSH funds to achieve budget savings. The current rake off amount in statute is $85 million, but the "rake off" was suspended in the legislation implementing the 2005 and 2010 waivers, and continues to be suspended in this bill. Private hospitals that are DSH-eligible do not receive DSH funds. Instead, they receive "virtual DSH" (also referred to as "DSH replacement payments") which is the same amount of funding they would have received from DSH funds, except the additional funds are funded by state GFs and "regular" federal Medicaid matching funds (instead of being funded from the capped federal DSH allotment). DMPHs receive DSH funds, with SB 815 Page 22 the state GF providing the matching funds used to draw down federal funds. These requirements apply in the previous waiver and continue in this bill. Under Medi-Cal 2020, the five UC DPHs will continue to receive DSH funds as they did in the prior waiver, using CPEs to draw down the funds for costs below 100% of their costs, and IGTs to drawn down DSH funds for their amounts between 100-175% of their costs. Consistent with the previous waiver, this bill makes UCLA and UCSF hospitals DSH-eligible who would not otherwise be DSH eligible. The amount of DSH funds UC is eligible to receive under this bill systemwide is capped at between 26.2% and 21.8% after amounts for DMPHs are made, depending upon the state fiscal year. DHCS is required to consult with UC prior to making interim and final DSH payments, and to make any adjustments to the payment distributions requested by UC so long as the aggregate net effect of the adjustments is zero. County DPHs will no longer receive DSH funds as they did in the prior waiver. Instead, county DPHs will receive DSH funds under the new GPP, described in 5) below. 4)GPP. The GPP is a new feature of Medi-Cal 2020. Under GPP, a statewide pool of funding for the remaining uninsured would be established by combining federal DSH funding (which is limited to a hospital under federal law) for county DPHs and some level of federal SNCP funding (a funding component of the previous waiver for the uninsured). Under the GPP, each individual public hospital system would receive a "global budget" for the remaining uninsured from the overall GPP pool based on annual threshold amount determined through baseline analysis of historical/projected volume/cost/mix of services to the uninsured. The GPP would integrate and reform Medicaid DSH and SNCP funding by moving away from a cost-based payment methodology restricted to mostly hospital settings to a more "risk-based" and/or "bundled" payment structure. GPP would encourage public hospital systems to provide greater SB 815 Page 23 primary and preventive services, as well as alternative modalities such as phone visits, group visits, telemedicine, and other electronic consultations with the goal of improving the health of the remaining uninsured through coordination of care. DHCS would establish individual public hospital "global budgets" for remaining uninsured for each DPH from the overall pool based on annual threshold amount determined through baseline analysis of historical/projected volume/cost/mix of services to the uninsured. Achievement of threshold service targets would be done on a "points" system with a base level of points required for each system to earn their full global budget. The threshold amounts for each public health care system will initially be constructed using the volume and cost of services occurring in participating providers, and will use the most recent complete state fiscal year data. Funding would be claimed on a quarterly basis, with the DPHs providing the necessary IGTs for the non-federal share. Partial funding would be available based on partial achievement of the "points" target. Funding for the GPP is expected to decline over the duration of the waiver due to the scheduled reduction in federal DSH funds, and the amount of funding for the prior SNCP is unknown after the initial year and will be determined based on an assessment of DPH uninsured costs. As a condition of participation in the GPP, each DPH or affiliated governmental agency or entity must agree to provide IGTs necessary to meet the nonfederal share obligation. This bill establishes different IGT transfer amounts for each DPH under a methodology agreed to by the DPHs. The reason for the different IGT transfer amounts is to take into account hospital systems with high Medi-Cal losses. The GPP is for the uninsured and it allows for care in non-hospital setting. However, because the points are only for the uninsured and DSH is also intended for Medi-Cal, it disadvantages DPHs that have substantial Medi-Cal hospital losses. The second reason for the different IGT transfer amounts is the single standardized point system used in the GPP is regardless of cost variation among DPHs, and it results in a disadvantage to DPH systems in higher cost areas as DPHs in lower-cost areas could meet their SB 815 Page 24 threshold by providing relatively fewer services than would otherwise be required. 5)PRIME. PRIME is a continuation and expansion on the DSRIP from the 2010 waiver aimed to improve the care delivery in public hospital systems. PRIME participating entities consist of DPHs and DMPHs. DMPHs did not receive funds from DSRIP under the 2010 waiver. There are 21 DPHs operating 17 health and hospital systems, with one system comprised of four hospitals in Los Angeles. DPHs are located in mostly urban areas in northern, central and southern California. These hospitals range in size from approximately 160 to 600 beds. DPHs are similar in that they are academic teaching centers providing a broad range of inpatient and outpatient services including specialty care. More than 50% of patients served across these health and hospital systems are Medi-Cal beneficiaries or uninsured. DPHs provide 30% of all hospital-based care to the Medi-Cal population in the state and operate more than half of the state's level one trauma centers and more than two-thirds of its burn centers. There are 40 DMPHs spanning 19 counties across California. DMPHs are heterogeneous, varying significantly in size (from approximately three to 500 beds) and in the range of services provided. PRIME entities can earn incentive payments based on the achievement of specified benchmarks across various metrics. In addition, PRIME requires the achievement of set targets in three domains (Outpatient Delivery System Transformation, Targeted High-Risk or High Cost, Populations, Resource Utilization Efficiency) for moving toward APMs for DPHs over the course of the Waiver. DPHs must participate in all three domains, while DMPHs must participate in only one domain. Within the first two domains, DPHs are required to participate in certain elements (for example, integration of physical and behavioral health, ambulatory care redesign for primary care and specialty care). The non-federal share of funding for SB 815 Page 25 PRIME will be provided by DPHs/DMPHs through IGTs. Reporting and payments will be made on a semi-annual basis, and PRIME entities can achieve partial payment for partial achievement. Annual federal funding available by waiver demonstration year (DY) for DPH and DMPHs is shown below: DPHs DMPHs DY 11 (Jan 2016 - June 2016)$700million $100 million DY 12 (July 2016 - June 2017)$700million $100 million DY 13 (July 2017 - June 2018)$700million $100 million DY 14 (July 2018 - June 2019)$630million$90 million DY 15 (July 2019 - June 2020)$535.5million $76.5 million ------------------------------------------------------------ ------------------- Five Year Total $3.2 billion $466.6million A goal of the waiver is to move participating DPH PRIME providers toward a value-based payment structure when receiving payments for managed care beneficiaries. A new feature in Medi-Cal 2020 is the establishment of APM targets for DPHs in the aggregate that, if not met, result in financial penalties. The waiver establishes four ways for payments to be counted towards the APM thresholds, and the target percentages are based on the number of Medi-Cal managed care beneficiaries assigned to DPHs where all of, or a portion of, their care is paid for under a contracted APM: a) DY 13 - 50% by January 2018; b) DY 14 - 55% by January 2019; c) DY 15 - 60% by end of waiver. Five percent of DPH PRIME funding at risk in DY14 (July 2018-June 2019) and DY15 (July 2019-June 2020) is tied to the SB 815 Page 26 achievement of the APM targets. The APM targets do not apply to DMPHs. 6)DSHPs. This bill permits DHCS to claim FFP for expenditures associated with DSHPs identified in the STCs. The state was able to draw down federal funds in the previous waivers to offset GF expenditures. Any FFP claimed is required to be used to offset applicable GF expenditures. DSHP funds will be used to fund DTI FFP, not to exceed $375 million over five years. The DSHPs in the waiver are as follows: a) California Children Services (CCS); b) Genetically Handicapped Persons Program; c) Medically Indigent Adult Long Term Care; d) Breast & Cervical Cancer Treatment Program; e) AIDS Drug Assistance Program; f) Department of Developmental Services; g) Prostate Cancer Treatment Program; h) Song Brown Health Care Workforce Training Program; i) Steven M. Thompson Physician Corp Loan Repayment Program; and, j) Mental Health Loan Assumption Program 7)SUPPORT. The Association of California Healthcare Districts (ACHD), the District Hospital Leadership Forum, and other district hospitals, support all of the elements of Medi-Cal 2020, especially PRIME. ACHD points out that Medi-Cal 2020 is the first time that DMPHs will participate in PRIME. District hospitals will begin transformation work, improve outcomes, and increase efficiencies over the next five years of the SB 815 Page 27 waiver. Almost all of the DMPHs submitted PRIME applications with the goal of delivering high-quality care to Medi-Cal beneficiaries. The California Association of Public Hospitals indicates that the four components of Medi-Cal 2020 can improve the state's health care services, and as a result, improve the health of Medi-Cal and the remaining uninsured populations in California. The waiver also challenges and supports public health care systems' efforts to become models of integrated care that are of high value, high quality, patient-centered, efficient and equitable, with great patient experience, and a demonstrated ability to improve health care and the health status of populations. The California State Association of Counties points out that the Medi-Cal 2020 Waiver renewal is a strong and ambitious blueprint for building on the success of the Medi-Cal program and its continued transformation. The waiver provides opportunities to strengthen and improve public hospitals and care coordination within counties and across systems. Western Center on Law & Poverty writes in support and requests amendments on the following: a) That the access assessment include a geographic assessment of the network that examines how far patients have to go to access core specialists and what transportation assistance and support the plans provide to get patients to remote providers, and an amendment to report languages spoken by the provider's office; b) To require DHCS to issue a final proposed point system for the GPP to stakeholder for comments before finalizing it; c) To clarify that GPP systems may determine the scope, type and extent to which services are available to the extent they are consistent with the STCs but also to require that a patient's services needs are met; SB 815 Page 28 d) To make mandatory (instead of optional) the WPC strategies of increasing access to housing and supportive services for serving the homeless population; and e) To include a requirement that DHCS share such guidance issued by DHCS with stakeholders prior to issuing it and provide a chance for input. 8)RELATED LEGISLATION. AB 1568 contains the Medi-Cal 2020 provisions relating to the WPC, DTI, and the evaluations required under the STCs of Medi-Cal 2020. AB 1568 is pending is Senate Health Committee. 9)PREVIOUS LEGISLATION a) SB 36 authorizes DHCS to request one or more temporary waiver extensions to continue the operation of, and the authorities provided under, the current "California Bridge to Reform Demonstration," the state's Section 1115 Medicaid waiver. Requires DHCS to extend and apply the existing hospital payment methodologies and allocations on a state fiscal year, annual, partial year, or other basis, to the extent permitted under any approved temporary waiver extension, an approved subsequent waiver, or as otherwise permitted under federal Medicaid law. b) AB 1066 (John A. Pérez), Chapter 86, Statutes of 2011, makes further statutory changes to implement the Bridge to Reform for funding DPHs. AB 1066 continued under the 2010 waiver the FFS cost-based reimbursement for DPHs, with those hospitals providing the required federal match using their own funds through CPEs. In addition, AB 1066 establishes under the waiver a new distribution methodology for DSH and SNCP funds to DPHs, as specified. c) AB 342 (John A. Pérez), Chapter 723, Statutes of 2010, SB 815 Page 29 enacts the LIHP to provide health care benefits to uninsured adults up to 200% of the FPL, at county option through a Medi-Cal waiver demonstration project. d) SB 208 (Steinberg), Chapter 714, Statutes of 2010, implements provisions of the 2010 Section 1115 waiver including establishing DSRIP, consisting of IGTs from counties or other specified governmental entities, to be matched with federal funds and to be used for investment, improvement, and incentive payments for DPHs and the affiliated governmental entities (counties and UC); authorizes DHCS to require the mandatory enrollment of SPDs in a Medi-Cal managed care plan commencing on the later of either June 1, 2011, or obtaining federal approval; and, requires DHCS to implement pilot projects to provide coordinated care to children in the CCS and to persons who are dually eligible for Medi-Cal and Medicare. e) SB 1100 (Perata), Chapter 560, Statutes of 2005, enacts the statutory framework for implementing a five-year waiver of federal Medicaid requirements that provides federal Medicaid funding under the terms of the waiver to pay DPHs, private, and district hospitals for services provided to Medi-Cal and uninsured patients. 10)AUTHOR'S PROPOSED AMENDMENTS. Under the PRIME provisions of the STCs and this bill, DPHs are required to contract with at least one Medi-Cal managed care plan in the service area where the plan operates using an APM methodology as part of their APM methodology by January 1, 2018. If a DPH system is unable to meet the requirement and can demonstrate that it has made a good faith effort to contract with a Medi-Cal managed care plan in the service area that it operates in or a gap in contracting period occurs, DHCS has the discretion to waive this requirement. One of the issues faced by patients in Medi-Cal managed care plans is UC hospitals do not always contract with Medi-Cal SB 815 Page 30 managed care plans, or they limit their contracting to tertiary services or to letters of agreement for individual patients. The contracting obligation in this bill and the STCs is narrow in that the requirement that DPHs contract only applies to one plan, and is limited to the service area where they operate. However, this narrow waiver requirement effectively means UC hospitals in urban locations (UC hospitals are in San Diego, Irvine, San Francisco, Sacramento and Los Angeles) may not be accessible to patients served by patients enrolled in the other Medi-Cal plan in two-plan model counties, or to beneficiaries in rural or inland Medi-Cal managed care plans. Medi-Cal 2020 provides a benefit to UC hospitals in that it continues to make two of their hospitals (UCSF and UCLA) DSH-eligible who would not otherwise be DSH eligible, as shown below: SB 815 Page 31 DSH Medicaid DSH Low-Income Utilization Rate Utilization Rate Minimum DSH Eligibility 40.3% *25% UCLA/Ronald Reagan 20.8% 10.8% UCLA/Santa Monica 12.8% 13% UCSF 26% 16.1% *For 2014-15 To collect data on the extent and scope of designated public hospital contracting with Medi-Cal managed care plans and to encourage contracting, the author has proposed the following language: 3) (A) Designated public hospital systems shall contract with at least one Medi-Cal managed care plan in the service area where they operate using an APM methodology by January 1, 2018. If a designated public hospital system is unable to meet this requirement and can demonstrate that it has made a good faith effort to contract with a Medi-Cal managed care plan in the service area that it operates in or a gap in contracting period occurs, the department has the discretion to waive this requirement. (B) Each designated public hospital system shall report to the department, in a format determined by THE department, in consultation with designated public hospital systems, a summary of the contracting arrangement the designated public hospital system has with Medi-Cal managed care plans, and the scope of SB 815 Page 32 services covered under the contract. (C) It is the intent of the Legislature to encourage contracting between designated public hospital systems and multiple Medi-Cal managed care plans so that Medi-Cal members have access to medically necessary and appropriate covered services. REGISTERED SUPPORT / OPPOSITION: Support Antelope Valley Hospital Association of California Healthcare Districts Bear Valley Community Healthcare District California Association of Public Hospitals and Health Systems California Hospital Association California Primary Care Association California State Association of Counties California State Council of the Service Employees International Union Coalinga Regional Medical Center Contra Costa County Board of Supervisors County Behavioral Health Directors Association County Health Executives Association of California County of San Bernardino District Hospital Leadership Forum El Camino Hospital Health Access California Kern County Hospital Authority Kern Valley Healthcare District Mammoth Hospital Marin General Hospital Mayers Memorial Hospital District SB 815 Page 33 Northern Inyo Hospital Oak Valley Hospital District Palo Verde Hospital Palomar Health Pioneers Memorial Healthcare District Plumas District Hospitals Salinas Valley Memorial Healthcare System San Bernardino Mountains Community Hospital District San Gorgonio Memorial Hospital Santa Clara County Board of Supervisors San Joaquin General Hospital Seneca Healthcare District Tri-City Medical Center University of California Urban Counties of California Ventura County Board of Supervisors Washington Hospital Healthcare System Western Center on Law & Poverty Opposition None on file. Analysis Prepared by:Rosielyn Pulmano / HEALTH / (916) 319-2097 SB 815 Page 34