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 --