BILL ANALYSIS                                                                                                                                                                                                    Ó



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          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  








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            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  








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            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  








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            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  








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               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  








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            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  








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            participating GPP system, but subject to recoupment if it is  
            later determined that FFP is not available for any portion of  
            the applicable systems. 












































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          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  








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            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.  










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          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  








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            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.











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          7)Provides that this bill becomes operative only if AB 1568  
            (Bonta) is enacted and takes effect before January 1, 2017.













































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          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;








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             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  








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            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  








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            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.











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          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.   








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            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  








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               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  








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            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  








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            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  








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            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  








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            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  








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            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  








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            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  








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            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; 








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             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,  








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               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  








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            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:
































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                                   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  








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                    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








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          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

















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