BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 997 (Lara) - Health care coverage:  immigration status
          
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          |Version: April 20, 2016         |Policy Vote: HEALTH 7 - 1       |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: May 9, 2016       |Consultant: Brendan McCarthy    |
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          This bill meets the criteria for referral to the Suspense File.

          Bill  
          Summary:  SB 997 requires undocumented children who are eligible  
          for full-scope Medi-Cal coverage and who are enrolled in  
          low-cost coverage provided by Kaiser Permanente or another  
          Medi-Cal managed care plan to be enrolled in full-scope Medi-Cal  
          with the same health plan.


          Fiscal  
          Impact:  
           Likely one-time administrative costs of about $1 million for  
            the Department of Health Care Services to coordinate with  
            health plans and determine Medi-Cal eligibility for current  
            low-cost coverage enrollees (General Fund). The Department  
            will need to collect information from health plans about their  
            current low-cost coverage enrollees who are likely to gain  
            full-scope Medi-Cal eligibility, determine eligibility for  
            those individuals, and set up a special process for those  
            individuals to be directly enrolled with the same health plan  
            under full scope Medi-Cal. Because this is not the normal  
            process for determining Medi-Cal eligibility and assigning  
            enrollees to a Medi-Cal managed health plan, there will be  







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            additional workload for the Department. (Because undocumented  
            immigrants are generally not eligible for federal financial  
            participation, all costs will be General Fund costs.)

           Likely increased Medi-Cal costs in the millions per year due  
            to increased enrollment in Medi-Cal under the bill (General  
            Fund). Under current law, undocumented immigrants under 19  
            years of age will be eligible for full-scope Medi-Cal on or  
            after May 1, 2016. The undocumented children who are the  
            subject of this bill will soon become eligible for full scope  
            Medi-Cal. However, without the bill, those children's' parents  
            will need to enroll them in Medi-Cal through the normal  
            application process. Given that these children are already  
            enrolled in health care coverage (often with a modest monthly  
            fee per child), it is likely that a high percentage of these  
            children's' parents will enroll them in Medi-Cal. However,  
            there is likely to be a small share of the current population  
            that will not enroll in Medi-Cal through the normal enrollment  
            process. Under the bill, the streamlined enrollment into  
            Medi-Cal is likely to reduce the number of individuals who  
            would lose coverage during the transition. For example, if 10%  
            of current program participants would not have transitioned to  
            Medi-Cal coverage without the bill and the bill reduces that  
            share to 5% losing coverage, the state cost for that  
            additional Medi-Cal coverage would be about $7 million per  
            year.


          Background:  Under state and federal law, the Department of Health Care  
          Services operates the Medi-Cal program, which provides health  
          care coverage to low income individuals, families, and children.  
          Medi-Cal provides coverage to childless adults and parents with  
          household income up to 138% of the federal poverty level and to  
          children with household income up to 266% of the federal poverty  
          level. The federal government provides matching funds that vary  
          from 50% to 90% of expenditures depending on the category of  
          beneficiary.
          Under current law (SB 75, Committee on Budget and Fiscal Review,  
          Statutes of 2015) the state will expand eligibility for  
          full-scope Medi-Cal to undocumented immigrants under 19 years of  
          age on or after May 1, 2016. The Department of Health Care  
          Services indicates that coverage should begin about May 16,  
          2016. The cost of providing full-scope Medi-Cal benefits to  
          undocumented immigrants is not eligible for federal financial  








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          participation (although federal financial participation is  
          available for emergency and pregnancy-related services for  
          undocumented immigrants).


          Currently, Kaiser Permanente and eight other Medi-Cal managed  
          care plans (including both local initiatives and county  
          organized health plans) offer low- or no-cost coverage to  
          low-income undocumented children. Kaiser covers about 64,000  
          children and the other plans cover a combined 13,000 children.  
          Most of those children are income-eligible for Medi-Cal.


          Under current practice in Medi-Cal, when an applicant is  
          determined to be eligible, he or she is enrolled into  
          fee-for-service Medi-Cal and given information to select a  
          Medi-Cal managed care plan (in counties where there is more than  
          one plan). This system is referred to as the Health Care Options  
          process. If an enrollee does not select a plan, there is a  
          process for assigning enrollees to a Medi-Cal managed care plan.  
          Medi-Cal managed care enrollees are allowed to change health  
          plans monthly (when there is a coverage option). Current  
          regulation limits the ability of Medi-Cal managed care plans to  
          contact their enrollees with information that could be  
          interpreted as marketing material.




          Proposed Law:  
            SB 997 requires undocumented children who are eligible for  
          full-scope Medi-Cal coverage and who are enrolled in low-cost  
          coverage provided by Kaiser Permanente or other Medi-Cal managed  
          care plans to be enrolled in full-scope Medi-Cal with the same  
          health plan.
          Specific provisions of the bill would:
                 Require that children who are eligible for full-scope  
               Medi-Cal and were enrolled in low-cost coverage with Kaiser  
               Permanente or a Medi-Cal managed care plan shall be  
               enrolled in full-scope Medi-Cal with the same managed care  
               plan;
                 Require disclosure of specified information on Medi-Cal  
               eligibility and managed care plan options to the child's  
               representative;








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                 Require the Department of Health Care Services, using  
               information that is provided by health plans through an  
               existing process, to determine the Medi-Cal eligibility of  
               children enrolled in low-cost coverage;
                 Require the Department to provide specified information  
               to the child's representative;
                 Include a sunset date of January 1, 2019.


          Related  
          Legislation:  SB 10 (Lara) would extend full-scope Medi-Cal  
          eligibility to adults who would be eligible, except for their  
          immigration status. That bill is pending in the Assembly Health  
          Committee.
          Staff comments: Once undocumented children are able to enroll in  
          Medi-Cal, it is likely that some of the children currently  
          provided coverage through Kaiser Permanente and other Medi-Cal  
          managed care plans will apply for and enroll in Medi-Cal. Since  
          enrolling these children to Medi-Cal will shift the cost of  
          providing their care from the managed care plans to the state,  
          it is likely that the managed care plans will take steps to  
          facilitate enrollment. However, current prohibitions on  
          marketing to members by Medi-Cal managed care plans will limit  
          the ability of plans that are currently providing coverage to  
          assist currently enrolled undocumented children with selecting  
          the same plan (when there is a choice). Therefore, there are  
          likely to be children who will not ultimately enroll with the  
          same health plan when they are enrolled in Medi-Cal managed  
          care. This is particularly true for the children currently  
          covered by Kaiser Permanente.  That health plan not a primary  
          Medi-Cal managed care plan in most counties, although it is a  
          subcontracting Medi-Cal managed care plan in many more counties.  
          Applicants who would like to remain with Kaiser Permanente may  
          have difficulty navigating the Health Care Options process to  
          enroll back with Kaiser.


          It is important to note that this bill is not an urgency measure  
          and so would not go into effect until January 1, 2016. It is not  
          known to what extent the health plans that are currently  
          providing free or low cost coverage to undocumented children  
          will still be offering such coverage by that date.










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