BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 1335 (Mitchell) - Med-Cal benefits: federally qualified health centers and rural health centers: Drug Medi-Cal and specialty mental health services ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 20, 2016 |Policy Vote: HEALTH 9 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 9, 2016 |Consultant: Brendan McCarthy | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: SB 1335 would authorize federally qualified health centers (FQHCs) and rural health clinics (RHCs) to receive reimbursement for services provided for specialty mental health services or Drug Medi-Cal outside of the normal reimbursement structure for FQHCs and RHCs. Fiscal Impact: One-time costs, likely in the low hundreds of thousands for revising regulations and seeking any necessary federal approvals to allow the payment procedures authorized under the bill (General Fund and federal funds). One-time costs, likely less than $200,000, to recalculate the prospective payment system (PPS) rate for clinics that contract with counties or the state to provide specialty mental health services or services under Drug Medi-Cal (General Fund and federal funds). SB 1335 (Mitchell) Page 1 of ? The would bill require clinics that contract to provide those additional services to be paid pursuant to the contract for those services. The bill would require the Department to recalculate the PPS for those clinics to adjust the costs for providing such services out of the clinic's PPS rate base. The process for recalculating a PPS rate requires a detailed review of utilization and expenditures by clinics. The PPS rate paid to clinics is likely to be much higher than the rates paid by counties for specialty mental health services or drug Medi-Cal. Therefore, most clinics would probably not elect to contract for services that would require them to recalculate their PPS rate. Background: Under current law, the Medi-Cal program provides health care coverage for certain low income and disabled individuals. In the Medi-Cal fee-for-service system, federally qualified health centers (FQHCs) and rural health clinics (RHCs) are paid a per-visit payment known as the prospective payment system (PPS). The PPS rate is based on a baseline rate that reflects a clinic's costs to provide services in 1999-2000, adjusted for inflation. Those costs include the costs of eligible face-to-face visits (e.g. with a physician) and other services provided to Medi-Cal beneficiaries that are not eligible for billing as a face-to-face visit (e.g. visits with a registered nurse). When a Medi-Cal beneficiary in the managed care system receives care from an FQHC or RHC, the managed care plan makes a per-visit payment to the clinic. Because the rates paid by managed care plans are significantly below the PPS rate, the state makes a supplemental "wrap-around" payment to the clinic to bring the total payment up to the PPS rate. Under current law, specialty mental health and Drug Medi-Cal are "carved out" of the regular Medi-Cal managed care program. Specialty mental health is provided by county mental health plans that contract with the Department of Health Care Services. Historically, Drug Medi-Cal has been operated on a fee-for-services basis, with providers contracting with counties or directly with the state. The Department is in the process of implementing a new Drug Medi-Cal waiver that will allow counties that opt-in to provide Drug Medi-Cal benefits through an organized delivery system (a kind of managed care system). The SB 1335 (Mitchell) Page 2 of ? non-federal share of the costs for both specialty mental health and Drug Medi-Cal are paid for by counties, generally using realignment funds. Proposed Law: SB 1335 would authorize federally qualified health centers (FQHCs) and rural health clinics (RHCs) to receive reimbursement for services provided for specialty mental health services or Drug Medi-Cal outside of the normal reimbursement structure for FQHCs and RHCs. Specific provisions of the bill would: Require FQHCs and RHCs that elect to contract with a county mental health plan to provide specialty mental health services to be reimbursed for those services pursuant to the contract and not through the PPS rate; Require FQHCs and RHCs that elect to provide Drug Medi-Cal services (either under contract with a county or the Department of Health Care Services) to be reimbursed for those services pursuant to the contract and not through the PPS rate; Require FQHCs and RHCs that elect to accept reimbursement described above to have their PPS rate adjusted to remove the cost of those services from the PPS rate; Specifically authorize FQHCs and RHCs to provide specialty mental health services and Drug Medi-Cal services under contract; Provide that the provisions of the bill shall only be implemented to the extent that federal approval has been received and federal financial participation is available. Related Legislation: AB 858 (Wood, 2015) would have added marriage and family therapists to the list of health care providers that qualify for face-to-face encounter payments from the Medi-Cal program to federally qualified health centers and rural health clinics. That bill was vetoed by Governor Brown. Staff comments: As noted above, the PPS rate paid to clinics is generally higher than the rates paid by counties for specialty mental health services or for Drug Medi-Cal services. Therefore, it is unlikely that many clinics would opt to shift payment for those services out of their PPS rate to the contract rate paid by counties. Rather, clinics are more likely to contract with SB 1335 (Mitchell) Page 3 of ? counties to provide specialty mental health or Drug Medi-Cal services that are not included in their PPS rate (for example, group therapy sessions). -- END --