BILL ANALYSIS Ó SENATE COMMITTEE ON HEALTH Senator Ed Hernandez, O.D., Chair BILL NO: SB 997 --------------------------------------------------------------- |AUTHOR: |Lara | |---------------+-----------------------------------------------| |VERSION: |April 6, 2016 | --------------------------------------------------------------- --------------------------------------------------------------- |HEARING DATE: |April 13, 2016 | | | --------------------------------------------------------------- --------------------------------------------------------------- |CONSULTANT: |Scott Bain | --------------------------------------------------------------- SUBJECT : Health care coverage: immigration status SUMMARY :1. Requires undocumented children eligible for full-scope Medi-Cal benefits who were enrolled in comprehensive, low-cost coverage provided by a Kaiser Permanente (Kaiser) as of May 1, 2016 to be enrolled in full-scope Medi-Cal with Kaiser if the undocumented child is determined eligible for full-scope Medi-Cal benefits, in order to maximize continuity of care and coverage. Existing law: 1)Establishes the Medi-Cal program, which is administered by the Department of Health Care Services (DHCS), under which qualified low-income individuals receive health care services. Medi-Cal provides coverage to children in families with incomes up to 266% of the federal poverty level (FPL (266% of the FPL is at or below $53,626 for a family of 3 in 2016). 2)Extends eligibility for full-scope Medi-Cal benefits to individuals under 19 years of age who do not have, or are unable to establish, satisfactory immigration status, commencing after the DHCS director determines that systems have been programmed for implementation, but in no case sooner than May 1, 2016. 3)Requires that individuals under 19 years of age enrolled in limited scope Medi-Cal at the time the DHCS director makes the determination to be enrolled in the full scope of Medi-Cal benefits, if otherwise eligible, pursuant to an eligibility and enrollment plan. Prohibits these individuals from being required to file a new application for Medi-Cal. 4)Requires an undocumented child eligible for full scope SB 997 (Lara) Page 2 of ? coverage to enroll in a Medi-Cal managed care health plan to the extent permitted by state and federal law. Prohibits enrollment in a Medi-Cal managed care health plan from precluding a beneficiary from being enrolled in any other children's Medi-Cal specialty program for which he or she would otherwise be eligible. 5)Prohibits, through regulation, Medi-Cal managed care plan representatives from contacting prospective members for the purposes of marketing, except in cases where the contact is initiated by the prospective member, unless that contact is approved in writing by and coordinated through DHCS. 6)Requires, at the time of determining or redetermining the eligibility of a Medi-Cal program applicant or beneficiary who resides in an area served by a managed health care plan or pilot program in which beneficiaries may enroll, each applicant or beneficiary to be informed of the managed care and fee-for-service options available regarding methods of receiving Medi-Cal benefits. This is referred to as the "health care options" process. This bill: 1)Requires, in order to maximize continuity of care and coverage, undocumented children eligible for full-scope Medi-Cal benefits who were enrolled in comprehensive, low-cost coverage provided by Kaiser as of May 1, 2016 to be enrolled in full-scope Medi-Cal with Kaiser if the undocumented child is determined eligible for full-scope Medi-Cal benefits, notwithstanding any other law or existing Medi-Cal managed care contract. 2)Requires Kaiser to provide the following information to the child's representative: a) How the child may be determined eligible for full-scope Medi-Cal benefits; b) How the child enrolled in Kaiser as of May 1, 2016 may remain enrolled with Kaiser, if the child's representative chooses; and, c) How the child may obtain coverage from another Medi- Cal managed care health plan contracting with DHCS, or through fee-for-service Medi-Cal, consistent with law. SB 997 (Lara) Page 3 of ? 1)Requires the information in 2) to be provided to be provided in a fair and accurate manner consistent with the regulations adopted by the California Health Benefit Exchange for the regulation of certified plan-based enrollers (these regulations establish requirements for plan employees enrolling people in Covered California, and require the plan-based enroller to provide a choice of plans). 2)Requires DHCS, using its third-party liability database, to determine whether prior to May 1, 2016, an undocumented child who is eligible for full-scope Medi-Cal benefits was enrolled in Kaiser coverage. 3)Requires DHCS, before the child's transition to full-scope Medi-Cal, to provide the child's representative with timely, linguistically appropriate notice of the transition. Requires the notice to contain all of the following information: a) Which Medi-Cal managed care plan or plans contain the child's existing primary care provider in those counties in which the health plan does not directly contract as a Medi-Cal managed care health plan with DHCS; b) That the child, subject to his or her ability to change his or her health plan (as described below), will be assigned to his or her existing health plan if enrolled in full-scope Medi-Cal benefits after May 1, 2016, and that if the child wants to keep his or her primary care provider, no additional action will be required; c) That if the child's existing primary care provider is not contracted with any Medi-Cal managed care plan in the enrollee's county of residence or if the enrollee's existing health plan is not an available Medi-Cal managed care plan in the child's county of residence, he or she will receive all provider and health plan information required to be sent to new enrollees. If the child does not affirmatively select one of the available Medi-Cal managed care plans within 30 days of receipt of the notice, he or she will automatically be assigned a plan through the department-prescribed auto-assignment process; d) That the child may choose any available Medi-Cal managed care plan and primary care provider in his or her county of residence, if more than one such plan is available in the county where he or she resides, and he or she will receive all provider and health plan information required to be sent to new enrollees and instructions on how to choose or SB 997 (Lara) Page 4 of ? change his or her health plan and primary care provider; e) That the child does not need to take any action to retain his or her health plan and primary care provider if he or she is enrolled in full-scope Medi-Cal benefits; f) That the child may choose not to transition into the Medi-Cal program, and what this choice will mean for his or her health care coverage and access to health care services; and, g) That in counties where no Medi-Cal managed care health plans are available, the child will be transitioned into fee-for-service Medi-Cal, and provided with all information that is required to be sent to new Medi-Cal enrollees, including the assistance telephone number for fee-for-service beneficiaries, and that, if a Medi-Cal managed care health plan becomes available in the residence county, he or she will be enrolled in a Medi-Cal managed care health plan according to the enrollment procedures in place at that time. 1)Requires Kaiser and its designees to work with DHCS and its designees to facilitate continuity of care and data sharing for the purposes of delivering Medi-Cal services. 2)Limits the application of this bill only to an enrollee in a service area of Kaiser approved as of January 1, 2017. 3)Sunsets the provisions of this bill on January 1, 2019. FISCAL EFFECT : This bill has not been analyzed by a fiscal committee. COMMENTS : 1)Author's statement. According to the author, last year's historic enactment of Health4All Kids, allows all low-income California children, regardless of immigration status, to enroll in Medi-Cal. Starting in May, all income-eligible children will have access to comprehensive, zero-cost or low-cost Medi-Cal benefits, including dental and mental health coverage as well as the full array of health benefits (doctors, hospitals, prescription drugs, and more). Currently, over 120,000 undocumented children are enrolled in restricted scope, emergency-only Medi-Cal and an additional 64,000 undocumented children have comprehensive health coverage through Kaiser Permanente. That coverage was provided well SB 997 (Lara) Page 5 of ? before the passage of Health4All Kids, when families with undocumented children had very limited options for health care. The children on restricted scope Medi-Cal will be automatically shifted to full-scope Medi-Cal when Health4All Kids is implemented in May 2016. Families will have an option to select a health plan, or transition directly into a default coverage option. This bill will ensure a seamless transition to full-scope Medi-Cal coverage for eligible children who were already enrolled in a comprehensive, low-cost health plan prior to the enactment of Health4All Kids. 2)Change in scope of Medi-Cal coverage for undocumented children. In order to be Medi-Cal eligible, an individual must be a state resident and generally must be low-income. Recent legal immigrants and undocumented immigrants who meet income and residency requirements are Medi-Cal eligible, but the scope of that coverage depends on the immigration status of the immigrant. Last year, SB 4 (Lara) was introduced to extend eligibility for full-scope Medi-Cal benefits to adults and children who are otherwise eligible for those benefits but for their immigration status. The health budget trailer bill of 2015, SB 75 (Committee on Budget and Fiscal Review, Chapter 18, Statutes of 2015), extended full scope Medi-Cal eligibility to all children who meet income eligibility requirements, regardless of immigration status. The Governor's proposed 2016-17 budget assumes implementation of full scope coverage begins March 1, 2016, and that there are 170,000 undocumented children under the age of 19 who are eligible for Medi-Cal, of whom 114,981 are currently enrolled in restricted scope Medi-Cal. DHCS estimates the restricted scope Medi-Cal children will transition to full-scope coverage in May 2016, and 50% of the remaining 55,019 undocumented children will take up coverage over 12 months. The Governor's Budget assumes costs of $26.2 million ($20.4 million General Fund) in 2015-16 and $177.2 million ($142.8 million GF) in 2016-17. 3)Kaiser local coverage program for uninsured children. Kaiser Permanente's Child Health Program (CHP) offers health coverage to children under 19 who do not have access to health insurance. CHP members are enrolled in the Kaiser Permanente Platinum 90 HMO plan and receive financial help in two ways: a) Help paying the monthly health plan payment (depending SB 997 (Lara) Page 6 of ? on family size and income, monthly payments are $0, $10, or $20 per child, for up to 3 children, with additional children are covered at no extra charge); and, b) Coverage of out-of-pocket costs for most covered services at Kaiser Permanente facilities. Eligibility for CHP is for uninsured children regardless of immigration status if they meet the following criteria: a) Live in a Kaiser Permanente service area; b) Are under the age of 19; c) Live in a household with incomes up to 300% of the FPL (for example: $60,270 for a family of 3, $72,900 for a family of 4 per 2016 guidelines), and, d) Do not have access to any other public or private health coverage including, but not limited to, Medi-Cal, Medicare, a job-based health plan or coverage through Covered California. Kaiser's CHP has an enrollment of approximately 64,000 children statewide, and Kaiser believes approximately 95% of them will meet the income requirements for full scope Medi-Cal under SB 75. 1)Medi-Cal Managed Care Models and Health Care Options Process. When an individual applies for and initially qualifies for Medi-Cal, they are initially covered under Medi-Cal FFS. However, most individuals (including most children) must mandatorily enroll in a Medi-Cal managed care plan. Beneficiaries receive information on their plan choices through what is known as the Health Care Option process, which is administered by a vendor (Maximus) that contracts with DHCS. Medi-Cal beneficiaries must choose a health plan within 30 days, and if they do not choose a plan within 30 days, a plan is selected for them. Under Medi-Cal managed care, Medi-Cal beneficiaries generally SB 997 (Lara) Page 7 of ? have a choice of at least two Medi-Cal managed care plans in each county (except in COHS counties, which have one plan for all beneficiaries). However, within the two-plan model and COHS counties, Medi-Cal managed care plans subcontract with other plans (including Kaiser). Outside of the geographic managed care model, 79% of Kaiser's enrollment (515,911 individuals) are in Kaiser through sub-contracting arrangements, where beneficiaries enrolled in the subcontracting plan are considered to be enrollees of the main contracting plan. As drafted, this bill establishes a narrow exception to the COHS and two plan Medi-Cal managed care contracting models that would keep undocumented children currently enrolled with Kaiser in their current coverage so they can maintain continuity of care and coverage. 2)Kaiser Participation in Medi-Cal Managed Care. Kaiser has total Medi-Cal enrollment of approximately 651,000, either as a direct contracting plan or as a subcontracting health plan. Kaiser participates in Medi-Cal managed care as a direct contractor in the geographic managed care model (in San Diego, Sacramento, Placer, Amador and El Dorado counties). Kaiser also participates in Medi-Cal by subcontracts with the following Medi-Cal managed care plan partners (entities who have a direct Medi-Cal managed care contract with DHCS) as a Medi-Cal managed care provider: a) Alameda Alliance for Health (Alameda); b) CalOptima (Orange); c) CalViva (Fresno, Kings, Madera) d) Contra Costa Health Plan (Contra Costa); e) Gold Coast Health Plan (Ventura); f) Inland Empire Health Plan (San Bernardino and Riverside); SB 997 (Lara) Page 8 of ? g) Kern Family Health Plan (Kern); h) LA Care Health Plan (Los Angeles); i) Partnership Health Plan (Marin, Napa, Solano, Sonoma, Yolo) j) San Francisco Health Plan (San Francisco); aa) Health Plan of San Joaquin (San Joaquin) bb) San Mateo Health Plan (San Mateo); and, cc) Santa Clara Family Health Plan (Santa Clara) 1)State implementation plan for SB 75. DHCS has published an "SB 75 Eligibility and Enrollment Plan" for implementation of the expansion of full scope benefits to undocumented children. For the new enrollee population (undocumented children not currently in limited scope Medi-Cal), DHCS does not propose bypassing the Health Care Options process for eligible children who already have coverage through a local children's coverage program. For the new enrollees living in a non-county organized health system (COHS) county, DHCS' plans to send a Health Care Options choice packet, which provides information about Medi-Cal Managed Care Plans in the county and their providers. Eligible children will have 30 days to choose a plan, and if no plan choice is made, DHCS will assign them to a plan in their county. Because the Medi-Cal eligibility determination process can take up to 45 days, and the Health Care Options process follows a determination of full scope Medi-Cal eligibility, children transitioning from other local coverage programs (such as Kaiser's CHP) will move from their current plan coverage to FFS Medi-Cal and then to a Medi-Cal managed care plan (which may be the plan they were originally in if Kaiser is an option in their area). In areas where Kaiser is a Medi-Cal SB 997 (Lara) Page 9 of ? subcontracting plan, Kaiser is not clearly identified as a plan option. For example, in San Francisco, Kaiser is identified as "KP," which families may not identify as Kaiser. DHCS' stated reason for this approach is children in local coverage programs are not known to the state (they are not in the Medi-Cal eligibility system) and they have do not know of their eligibility for Medi-Cal or their health coverage until they are enrolled in the program. 2)Related legislation. SB 10 (Lara) would extend full scope Medi-Cal benefits to adults who would otherwise be eligible, except for their immigration status. SB 10 would also create a new health benefit exchange, to provide subsidized health care coverage to individuals who cannot purchase health care coverage through Covered California due to their immigration status. SB 10 is awaiting hearing in the Assembly Health Committee. 3)Prior legislation. SB 4 (Lara, Chapter 709 Statutes of 2015) requires undocumented individuals who are under 19 years of age enrolled in Medi-Cal at the time the DHCS director makes the determination to be enrolled in full scope of Medi-Cal benefits, if otherwise eligible, pursuant to an eligibility and enrollment plan. SB 75 (Committee on Budget and Fiscal Review, Chapter 18, Statutes of 2015), the health budget trailer bill, extended Medi-Cal eligibility to all children who meet income eligibility requirements, regardless of immigration status, among other provisions. SB 1005 (Lara of 2014) would have extended full scope Medi-Cal benefits to individuals who would otherwise be eligible, except for their immigration status. The bill would also have created a new health benefit exchange, to provide subsidized health care coverage to individuals who cannot purchase health care coverage through Covered California due to their immigration status. SB 1005 was held on the Senate Appropriations suspense file. 4)Support. This bill is sponsored by Health Access California (HAC) so that undocumented children who currently have coverage through the Kaiser's CHP can more easily stay with Kaiser if they chose to. HAC writes that over 60,000 undocumented children have comprehensive health coverage SB 997 (Lara) Page 10 of ? through Kaiser. This bill will help make it easier for them to remain with Kaiser when they transition to full-scope Medi-Cal. HAC argues these families should not face unnecessary barriers to keep their children with Kaiser, if they choose to do so. While moving the kids currently in Kaiser to Medi-Cal seems like it should be an easy thing to do, HAC states there are a number of statutory, administrative and logistical barriers. One of the major barriers is that Kaiser is a direct Medi-Cal managed care contractor in the geographic managed care model counties, while in other counties, Kaiser is a subcontractor of another Medi-Cal managed care plan, making it confusing for families to figure out how to stay with Kaiser. Ensuring the undocumented children covered by Kaiser can maintain their Kaiser coverage is made easier for the families if there is an exception to the current rules that govern Medi-Cal managed care will help minimize unnecessary barriers so that the undocumented children covered by Kaiser can more easily stay with Kaiser, if they choose to. 5)Opposition. The California Association of Health Plans (CAHP) writes in opposition to the previous version of this bill that that this bill will move undocumented children from a privately funded health insurance program into full-scope Medi-Cal, using an approach that does not give these families the opportunity to choose a different Medi-Cal Managed Care Plan. CAHP believes that these kids should follow the normal eligibility, enrollment and default process for Medi-Cal managed care which allows for a health plan choice to be made. CAHP concludes that one of the unintended consequences of designating one plan for enrollment is that it appears to be giving an exclusive direct contract for this population, which circumvents the current procurement process. The California Coverages & Health Initiatives (CCHI) writes in opposition to the previous version of this bill that many families may opt to receive their health care services from a provider that is closer to their home, which in many cases will not be a Kaiser facility. CCHI states that Kaiser is not a Medi-Cal plan in 13 of the counties where Kaiser CHP enrollees reside, meaning these children will have to travel outside their county to reach a Kaiser Medi-Cal provider. CCHI states that many children enrolled in CHP will already be enrolled in restricted scope Medi-Cal by the time this bill takes effect, or will have chosen a plan other than Kaiser SB 997 (Lara) Page 11 of ? Medi-Cal, which will create confusion as children will have to switch back. CCHI concludes that the majority of children enrolled in CHP have a sibling or parent in a Medi-Cal managed care plan, and it would be best for families to add the child to their family's Medi-Cal case and allow them to choose which health plan best meets their needs. 6)Policy issues. a) Other local children's coverage programs. In addition to the 64,000 children enrolled in Kaiser's CHP, a 2015 publication of the California HealthCare Foundation identified an additional 13,111 children enrolled in local Healthy Kids programs in 10 counties (Los Angeles, Riverside, San Francisco, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Solano, Ventura, and Yolo). More recent information from the Local Health Plans of California regarding eight of their local initiative or county organized health system plans is approximately 12,620 children are enrolled in their member plans local children's coverage programs. In addition to LHPC plans, there are additional children enrolled in a local coverage program in Los Angeles County. The author intends to amend this bill to include other local coverage options in this bill. b) How to keep children in current coverage. One of the logistical issues in implementing this bill is how to keep undocumented children who are currently enrolled in Kaiser in Kaiser once these children apply for and are determined eligible for full scope Medi-Cal coverage. The information hurdle to overcome is these children are not currently enrolled in Medi-Cal and their health coverage status is not known to the state or the Health Care Options vendor at the time of application. Under current law, when these children apply and are determined eligible for full-scope Medi-Cal, they would be enrolled in fee-for-service Medi-Cal and receive a choice package from Health Care Options telling them to pick a plan. This bill seeks to use information about coverage in DHCS' Third-Party Liability (TPL) database, to determine whether prior to May 1, 2016, an undocumented child who is eligible for full-scope Medi-Cal benefits was enrolled in Kaiser coverage. DHCS'Third Party Liability and SB 997 (Lara) Page 12 of ? Recovery Division (TPLRD) is responsible for ensuring that the Medi-Cal program complies with state and federal laws and regulations relating to the legal liability of third parties for health care services to beneficiaries, and of taking all reasonable measures to ensure that the Medi-Cal program is the payer of last resort. Under existing law, health plans, health insurer and self-insured plans among other entities are required to maintain a centralized file of the subscribers', policyholders', or enrollees' names, mailing addresses, and social security numbers or date of birth, and where available, for all other covered persons, the names and social security numbers or date of birth. These entities are required to make this information available to DHCS upon reasonable request. DHCS uses this information to compare to Medi-Cal beneficiaries enrolled in its MEDS eligibility system for purposes of cost avoidance and third party billing. It is not clear whether having TPLRD furnish information on children enrolled in Kaiser is a viable option for DHCS to identify undocumented children enrolled in Kaiser as of May 1, 2016 who are now full-scope Medi-Cal eligible so that these children's Kaiser coverage is continued (instead of going to FFS Medi-Cal). Another option to using the TPL to provide this information is to require Kaiser (and other local health coverage programs) to furnish information on their undocumented children enrollees to DHCS so that they could be "flagged" to remain with their current coverage. c) Kaiser required to contact its undocumented children CHP enrollees directly. Current Medi-Cal regulations prohibit Medi-Cal managed care plan representatives from contacting prospective members for the purposes of marketing, except in cases where the contact is initiated by the prospective member, unless that contact is approved in writing by and coordinated through DHCS. These regulations require all marketing materials, including but not limited to, all printed materials, illustrated materials, videotaped and media scripts to be approved in writing by DHCS prior to distribution to members or prospective members. This bill requires the information provided by Kaiser to include how the child may be determined eligible for full-scope Medi-Cal SB 997 (Lara) Page 13 of ? benefits, how the child may remain enrolled with Kaiser and how the child can obtain coverage from another plan. This bill does not affirmatively require the information provided by Kaiser to be approved by DHCS prior to its use. To provide a consumer protection, this bill requires this information be provided in a fair and accurate manner consistent with the Covered California regulation of certified plan-based enrollees. These regulations apply to the conduct of individuals in Covered California (not Medi-Cal), and require informing applicants about the availability of other qualified health plan products or dental plans available through Covered California. d) Notice language modeled on Low Income Health Program transition. The Low Income Health Program (LIHP) provided, at county option, federal Medicaid funding under the state's Section 1115 Medicaid for coverage for low-income adults without minor children who were ineligible for Medi-Cal prior to the implementation of the expansion of coverage under the Affordable Care Act in January 1, 2014. AB X1 1 (Perez, Chapter 3, Statutes of 2013) contained notice language on the LIHP transition as adults moved from LIHP coverage to Medi-Cal coverage on January 1, 2014. However, the LIHP transition notices were aimed at keeping LIHP beneficiaries with the Medi-Cal managed care plan that contained their LIHP primary care physician (PCP). If their PCP did not contract with a Medi-Cal managed care plan, the transition notice informed beneficiaries of their options, and the default process if the beneficiary did not pick a plan. These latter scenarios are not applicable to the transition in this bill. Amendments are needed to tailor the DHCS transition notice to the specific circumstances of this transition. e) Timing of bill. The Administration has indicated that the expansion to full scope coverage for undocumented children will begin May 2016. Kaiser has indicated it will continue its CHP until the fall of this year. In order for the change proposed by this bill to take effect, an urgency clause is needed. SUPPORT AND OPPOSITION : Support: Health Access California (sponsor) SB 997 (Lara) Page 14 of ? American Federation of State, County and Municipal Employees, AFL-CIO California Chapter of the American College of Emergency Physicians California Black Health Network California Immigrant Policy Collaborative California Latinas for Reproductive Justice California Pan Ethnic Health Network Coalition of California Welfare Rights Organizations, Inc. Pre-Health Dreamers National Immigration Law Center Service Employees International Union of California Vision y Compromiso Oppose: California Association of Health Plans California Coverage & Health Initiatives Community Health Initiative Napa County Give for a Smile Community Health Initiative of Orange County -- END --