BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 217
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 217 (Beall)
          As Amended June 1, 2009
          Majority vote 

           HEALTH              19-0        APPROPRIATIONS      17-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Jones, Fletcher, Adams,   |Ayes:|De Leon, Nielsen,         |
          |     |Ammiano, Block, Carter,   |     |Ammiano,                  |
          |     |Conway, De La Torre, De   |     |Charles Calderon, Davis,  |
          |     |Leon, Emmerson, Gaines,   |     |Duvall, Fuentes, Hall,    |
          |     |Hall, Hayashi, Hernandez, |     |Harkey, Miller,           |
          |     |                          |     |John A. Perez, Price,     |
          |     |Bonnie Lowenthal, Nava,   |     |Skinner, Solorio, Audra   |
          |     |V. Manuel Perez, Salas,   |     |Strickland, Torlakson,    |
          |     |Audra Strickland          |     |Krekorian                 |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :   Establishes the Medi-Cal Alcohol and Drug Screening  
          and Brief
          Intervention Services Program (Program) for Medi-Cal  
          beneficiaries who are pregnant or women of childbearing age,  
          with county or local government entities paying the nonfederal  
          share of expenditures through certified public expenditures  
          (CPEs).  Specifically,  this bill  :

          1)Requires the Department of Health Care Services (DHCS), in  
            consultation with the Department of Alcohol and Drug Programs,  
            to administer the Program for the purpose of increasing the  
            state's ability to make available alcohol and drug screening  
            and brief intervention (SBI) services for Medi-Cal  
            beneficiaries who are pregnant or women of childbearing age.

          2)Requires DHCS to administer this bill in accordance with the  
            CPE requirements described in federal regulations, or any  
            successor thereto, in certifying that the claimed expenditures  
            for alcohol and drug screening and brief intervention services  
            for Medi-Cal beneficiaries are eligible for federal financial  
            participation (FFP). 

          3)Requires the nonfederal share of expenditures submitted to  
            federal Centers for Medicare and Medicaid Services (for  
            purposes of claiming FFP to be comprised of only those funds  








                                                                  AB 217
                                                                  Page  2


            that are paid by a public entity (county or other local  
            governmental entity) and certified in accordance with this  
            bill.  Requires a public entity that participates in the  
            Program, upon receiving FFP for CPEs made for alcohol and drug  
            screening and brief intervention services, reimburse the state  
            for any costs of creating and administering the Program.   
            Implements this bill only if, and to the extent that, federal  
            funds are available for this purpose.

          4)Requires DHCS to take specified actions in administering this  
            bill, and requires DHCS, upon receipt of federal reimbursement  
            for the claim, including federal matching funds, to provide  
            the reimbursement to the public entity for which the claim was  
            submitted.

          5)Requires participation in the Program to be voluntary for a  
            Medi-Cal beneficiary, and requires participation in the  
            Program, and results of the screening, to be maintained in the  
            beneficiary's confidential medical records, and subject to all  
            confidentiality requirements applicable to medical records.

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, General Fund (GF) cost pressure of under $150,000  
          (50% GF) to the DHCS to develop and manage a federal waiver to  
          qualify local SBI expenditures for matched funding.  Annual  
          on-going cost pressure to manage the waiver and related approval  
          of CPEs of less than $50,000 (50% GF).  On-going actual costs  
          could be less depending on how many counties take advantage of  
          the federal funding opportunity created by this bill.

           COMMENTS  :  According to the author, fetal alcohol syndrome is  
          one of the leading known preventable causes of birth defects and  
          developmental disabilities.  Prenatal exposure to alcohol,  
          tobacco, and other drugs have been proven to severely damage the  
          development, formation, and functioning of the fetal brain.   
          According to the U.S. Centers for Disease Control, approximately  
          one in twelve pregnant women admit to consuming alcohol and one  
          in thirty pregnant women said they had engaged in binge  
          drinking.  Effective prevention, intervention, and screening can  
          reduce the incidence of exposed infants while significantly  
          reducing long term health care costs.  However, despite the  
          evidence of the benefits, SBI have not yet been widely used in  
          primary care settings, emergency rooms, state licensed  
          facilities and clinics.  SBI evaluates patients for potential  








                                                                  AB 217
                                                                  Page  3


          substance abuse by asking a series of five questions about their  
          potential substance use.  The questions can easily be integrated  
          into the initial prenatal visit and used for follow-up screening  
          throughout the pregnancy.  If the patient screens positive  
          indicating they are at risk for alcohol or other substance  
          abuse, the provider will recommend a brief intervention  
          involving one or more short counseling sessions.  Individuals  
          who are considered high risk for abuse or addiction are given a  
          brief intervention counseling session and are also scheduled for  
          a brief treatment appointment.  The author reports San  
          Bernardino County recorded an 18% reduction in low birth weights  
          over three years among women whose physicians provided SBIs  
          compared with women whose physicians did not provide those  
          services.  The author states an evaluation of 20 counties found  
          a definitive decline in substance abuse rates during pregnancy  
          and low birth weights.

           
          Analysis Prepared by  :    Scott Bain / HEALTH / (916) 319-2097 


                                                                FN: 0001339