BILL ANALYSIS                                                                                                                                                                                                    Ó



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

          SB 1401 (McGuire) - Pediatric and Home Care Expansion Act
          
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          |Version: March 28, 2016         |Policy Vote: HEALTH 9 - 0       |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: May 2, 2016       |Consultant: Brendan McCarthy    |
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          This bill meets the criteria for referral to the Suspense File.

          Bill  
          Summary:  SB 1401 would require the Department of Health Care  
          Services to establish a three-county pilot project, to provide  
          increased reimbursement rates for pediatric in-home nursing  
          care.


          Fiscal  
          Impact:  
           Annual staff costs of about $130,000 per year for three years  
            for program oversight and monitoring by the Department of  
            Health Care Services (General Fund and federal funds).

           One-time contract costs, likely in the low hundreds of  
            thousands, to develop data collection requirements, reporting  
            methodologies, and evaluation methods (General Fund and  
            federal funds).

           One-time contract costs of about $100,000 for the Department  
            to contract for a final evaluation of the pilot project  
            (General Fund and federal funds).








          SB 1401 (McGuire)                                      Page 1 of  
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           Increased costs of $23 million per year for Medi-Cal  
            reimbursement rates for in-home nursing care services  
            currently being provided to Medi-Cal children in the pilot  
            project counties (General Fund and federal funds). The cost  
            above is based on a 20% increase in reimbursement rates and  
            the most recent utilization data for pediatric in-home nursing  
            care in the target counties. It is important to note that the  
            costs above are for increased payments for services already  
            being provided.

           Unknown increase in Medi-Cal payments for additional pediatric  
            in-home nursing care services, to the extent that increased  
            provider rates results in additional providers becoming  
            willing to provide services to Medi-Cal beneficiaries. The  
            intent of the bill is to incentivize existing Medi-Cal  
            providers (direct care providers such as registered nurses and  
            the home care agencies that employ those providers) to  
            increase their participation in Medi-Cal and incentivize other  
            providers to begin providing services to Medi-Cal  
            beneficiaries. To the extent that the bill is successful in  
            doing so, and there is unmet demand for in-home nursing care,  
            the bill is likely to result in additional utilization and  
            spending on those services.

           Unknown reduction in Medi-Cal payments for institutional care  
            to children who would be cared for at home under the bill  
            (General Fund and federal funds). To the extent that there is  
            unmet demand for in-home nursing care, there are likely to be  
            children who are currently receiving care in institutional  
            settings (such as skilled nursing facilities or hospitals) who  
            could be cared for at home using in-home nursing care. Given  
            the very high cost for institutional care for children, the  
            state is likely to realize savings for any children that shift  
            from institutional care to in-home care under the bill. The  
            extent of this effect is unknown, because there is not  
            sufficient data available to determine the number of children  
            currently being cared for in institutional settings who could  
            be cared for at home, but for a lack of in-home nursing  
            providers.  


          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.  








          SB 1401 (McGuire)                                      Page 2 of  
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          Medi-Cal provides coverage to childless adults and parents with  
          household incomes up to 138% of the federal poverty level and to  
          children with household incomes 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.
          The Medi-Cal program provides coverage for in-home nursing care  
          either following a patient's discharge from a hospital or other  
          institution or when a patient can be maintained in the home with  
          in-home nursing care in lieu of placement in an institutional  
          setting. There are various requirements on the use of in-home  
          nursing care in Medi-Cal. In providing in-home nursing care, the  
          Department contracts with home health agencies, who directly  
          employ licensed vocational nurses, registered nurses, and home  
          health aides. Hourly rates paid to home health agencies were  
          last increased in 2001. Unlike most Medi-Cal providers, home  
          health agency rates were not subject to the 10% rate reductions  
          imposed in 2011, due to concerns about access to services.


          Supporters of the bill have raised the issue that the Medi-Cal  
          portion of the home care industry has not seemed to grow inline  
          either with recent growth in the Medi-Cal population or overall  
          growth of home care services in the state health care market. In  
          addition, surveys of providers indicate that home health  
          agencies are limiting their participation in Medi-Cal due to low  
          reimbursement rates.




          Proposed Law:  
            SB 1401 would require the Department of Health Care Services  
          to establish a three-county pilot project, to provide increased  
          reimbursement rates for pediatric in-home nursing care.
          Specific provisions of the bill would:
                 Require the Department of Health Care Services to  
               establish at least three regional pilot projects in the San  
               Francisco Bay Area, the Central Valley, and Los Angeles  
               County for home health agencies that provide services to  
               children in the Medi-Cal program;
                 Require the pilot projects to provide for an increase in  
               in-home private duty nursing care for children of at least  
               20% above the current rate for at least three years;








          SB 1401 (McGuire)                                      Page 3 of  
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                 Make operation of the pilots contingent on federal  
               funding;
                 Authorize the Department to establish provider  
               eligibility standards;
                 Require a report evaluating the effectiveness of the  
               pilot projects;
                 Authorize the Department to request participating home  
               health agencies to report specified information;
                 Include a sunset of January 1, 2021.


          Staff  
          Comments:  By mandating an across-the-board reimbursement rate  
          increase for private duty nursing care to children in the pilot  
          project counties, the bill will result in increased state costs  
          for services that are currently being provided. Those costs  
          would not be offset by reduced institutional care costs, since  
          those services are already being provided outside of  
          institutional care.
          To the extent that there is a supply limitation on the provision  
          of private duty nursing care for Medi-Cal children and a that  
          20% rate increase would be sufficient to incent providers to  
          provide more services, the bill could result in increased  
          utilization for those services. If that results in Medi-Cal  
          children moving from institutional care to a home care setting,  
          the state would experience cost savings for that population of  
          children. The extent of that impact is unknown and would depend  
          on the current unmet demand for private duty nursing care by  
          children who are receiving institutional care.




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