BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1445
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          ASSEMBLY THIRD READING
          AB 1445 (Chesbro)
          As Amended June 1, 2009
          Majority vote 

           HEALTH              17-0        APPROPRIATIONS      17-0        
           
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          |Ayes:|Jones, Fletcher, Adams,   |Ayes:|De Leon, Nielsen,         |
          |     |Ammiano, Block, Carter,   |     |Ammiano,                  |
          |     |Conway, De Leon,          |     |Charles Calderon, Davis,  |
          |     |Emmerson, Hall, Hayashi,  |     |Duvall, Fuentes, Hall,    |
          |     |Hernandez, Bonnie         |     |Harkey, Miller,           |
          |     |Lowenthal, Nava, V.       |     |John A. Perez, Price,     |
          |     |Manuel Perez, Salas,      |     |Skinner, Solorio, Audra   |
          |     |Audra Strickland          |     |Strickland, Torlakson,    |
          |     |                          |     |Krekorian                 |
           ----------------------------------------------------------------- 
           SUMMARY  :  Requires Medi-Cal reimbursement to federally qualified  
          health centers (FQHCs) and rural health clinics (RHCs) for a  
          maximum of two visits for one patient on the same day, as  
          specified.  Specifically,  this bill  :   

          1)Requires reimbursement for a maximum of two visits, as  
            specified, on the same day at a single location when one or  
            more of the following conditions are met:

             a)   After the first visit the patient suffers an illness or  
               injury requiring additional diagnosis or treatment; or,

             b)   The patient has a medical visit and another health  
               visit, as defined, such as a mental health or dental visit.

          2)Requires an FQHC or RHC that currently reports costs for  
            patient encounters with more than one professional on the same  
            day, for purposes of establishing the FQHC or RHC's Medi-Cal  
            visit rate, by January 1, 2011, to apply for a per-visit rate  
            adjustment and, after approval Department of Health Care  
            Services (DHCS), to bill same day visits to a medical provider  
            and a mental health or dental provider as separate visits.

          3)Requires DHCS to develop a process and to determine which FQHC  
            rates to adjust, as specified, and, by January 15, 2010, to  
            submit a state plan amendment reflecting the changes  








                                                                  AB 1445
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            implemented pursuant to this bill.  Provides that rate changes  
            pursuant to this bill will not constitute a change in the FQHC  
            or RHCs' scope of service for purposes of the Medi-Cal rate.

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, unknown, likely minor cost pressures to some FQHC  
          rates (50% General Fund, 50% federal) depending on the outcomes  
          of recalculated clinic-specific rates in 2011 for a small number  
          of clinics taking advantage of the authorization established in  
          this bill. Recent amendments require clinics pursing  
          reimbursement for multiple visits for a single patient in the  
          same day to apply to the Department of Health Care Services  
          (DHCS) for a rate readjustment. This amendment is intended to  
          establish cost-neutrality and address the veto concerns of a  
          similar bill, SB 260 (Steinberg) in 2007.

           COMMENTS :  This bill authorizes FQHCs and RHCs to provide  
          medical and mental health services to a Medi-Cal patient in a  
          single day and be reimbursed for each service.  According to the  
          author, this bill is necessary to take advantage of federal  
          funds for Medi-Cal mental health services and will allow FQHCs  
          to better integrate behavioral health services with medical care  
          services.  The author notes that numerous studies over the last  
          30 years have found high rates of physical health problems among  
          individuals with serious mental illness, and that less than half  
          of patients with mental illnesses actually seek help for their  
          mental health condition even when being provided medical care  
          for another condition in a primary care setting.  The author  
          argues that this bill will allow clinic primary care providers  
          to make same day referrals for mental health treatments, thus  
          increasing the chances that patients will keep appointments and  
          get the care they need.

          FQHCs are federally funded public or nonprofit community clinics  
          that serve a high number of Medi-Cal, Medicare and uninsured  
          patients.  FQHCs are "open door" providers that treat patients  
          on a sliding fee scale basis for comprehensive health and social  
          services regardless of the patient's ability to pay.  Under  
          federal law, FQHCs and RHCs are eligible for enhanced Medicare  
          and Medi-Cal reimbursement.  FQHC services are reimbursed in  
          Medi-Cal on a fixed "per visit" rate rather than by individual  
          services.  FQHC provider types are specified in existing statue  
          as those for which a visit can be billed in a single day:  
          physician, physician assistant, nurse practitioner, certified  








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          nurse midwife, clinical psychologist, licensed clinical social  
          worker, or a visiting nurse.  Current law only allows multiple  
          billable visits in a single day if they are for medical and  
          dental services.  Mental health visits provided by a clinical  
          psychologist are separately billable FQHC visits, but not for  
          services on the same day as a medical visit.  California FQHCs  
          provide more than 6 million visits per year.  Approximately 40%  
          of FQHC patients are Medi-Cal eligible, the remaining patients  
          are either Medicare beneficiaries or uninsured.   

          The sponsor of this bill, the California Primary Care  
          Association, writes in support that this bill will allow FQHC  
          clinics to more effectively develop and implement integrated  
          primary and behavioral health services, placing the mental  
          health professional into the primary care setting as a team  
          member allowing the mental health practitioner to promptly  
          assess and treat the patient.  The California Mental Health  
          Directors' Association (CMHDA) supports this bill and believes  
          that allowing billing for same day medical and mental health  
          visits will maximize federal Medicaid funds and improve  
          continuity of care for clinic patients.  CMHDA points out that  
          same day services are the hallmark of a fully integrated primary  
          behavioral health care model.  The California Medical  
          Association writes that medical and mental health services are  
          important components of an integrated strategy for maintaining  
          and improving health for Medi-Cal beneficiaries and points out  
          that mental health treatment can improve patient compliance with  
          chronic disease management and treatment. 

           
          Analysis Prepared by  :    John Miller / HEALTH / (916) 319-2097 

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