BILL ANALYSIS                                                                                                                                                                                                    






                                 SENATE HEALTH
                               COMMITTEE ANALYSIS
                        Senator Elaine K. Alquist, Chair


          BILL NO:       AB 1783                                      
          A
          AUTHOR:        Hayashi                                      
          B
          AMENDED:       June 14, 2010                               
          HEARING DATE:  June 16, 2010                                
          1
          CONSULTANT:                                                 
          7
          Dunstan                                                     
          8
                                                                       
                                         3
                                                                   
                                     SUBJECT
                                         
          Medi-Cal:  licensed dentist enrollment: change of location 

                                     SUMMARY  

          This bill requires the California Department of Health Care  
          Services (DHCS) to allow dentists who are providers under  
          the Medi-Cal program to file a change of location form,  
          rather than requiring these providers to complete a full  
          Medi-Cal provider application, when moving within a county.


                             CHANGES TO EXISTING LAW  

          Existing federal law:
          Establishes the Medicaid program to provide comprehensive  
          health benefits to specified groups of low-income persons. 

          Existing state law:
          Establishes the Medi-Cal program, California's Medicaid  
          program, administered by the Department of Health Care  
          Services (DHCS), which provides comprehensive health care  
          coverage for low-income individuals and their families;  
          pregnant women; elderly, blind, or disabled persons;  
          nursing home residents; and refugees who meet specified  
          eligibility criteria.
                                                         Continued---



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          Requires a provider to be enrolled in Medi-Cal in order to  
          receive reimbursement for the provision of covered  
          services, goods, supplies or merchandise to a Medi-Cal  
          beneficiary.  

          Establishes the Denti-Cal program as a part of Medi-Cal and  
          specifies covered services and limits for services.

          Requires DHCS, within 15 days after receiving the change of  
          location form from a physician or group of physicians, to  
          provide notice that the form has been received.  Mandates  
          DHCS to develop the change of location form and requires  
          that it comply with all applicable federal Medicaid  
          requirements.  Establishes that filing this form shall be  
          in lieu of submitting a complete application package.

          Requires a dentist who wants to enroll in the Denti-Cal  
          program to submit a complete application package for  
          enrollment, continuing enrollment, enrollment at a new  
          location, or a change in location.  

          This bill:
          Permits a dentist licensed by the Dental Board of  
          California, practicing in an individual dental practice,  
          who is enrolled and in good standing in the Medi-Cal  
          program, and who is changing locations of that individual  
          dental practice within the same county, to be eligible to  
          continue enrollment at the new location by filing a change  
          of location form to be developed by DHCS.  Requires that  
          the form developed by DHCS complies with all minimum  
          federal requirements related to Medicaid provider  
          enrollment.  Defines individual dental practice for the  
          purposes of this bill.

                                  FISCAL IMPACT  

          According to the Assembly Appropriations Committee, there  
          would be a minor absorbable workload to DHCS to continue  
          oversight of Denti-Cal providers.  According to statewide  
          data, this bill may benefit about 200 Denti-Cal providers  
          each year who move within the county in which they are  
          already authorized to provide services. 

                            BACKGROUND AND DISCUSSION  




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          According to the author, this bill is intended to allow  
          licensed dentists who are enrolled and in good standing in  
          the Medi-Cal Program to use a streamlined process to  
          register a new address that was established to enroll  
          individual physicians in good standing.  The sponsors  
          additionally have pointed to the "Application for  
          Participation in the Denti-Cal Form" that must be filled  
          out to become a Medi-Cal provider, which is over thirty  
          pages long compared to the simplified "Change of Location  
          Form" for a physician, which is five pages.  

          Background
          AB 1226 (Hayashi), Chapter 693, Statutes of 2007, enacted  
          an expedited process for a Medi-Cal physician provider who  
          was in good standing and who changes office location.  It  
          was intended to eliminate disincentives to physicians to  
          enroll or re-enroll in the Medi-Cal Program by creating a  
          more efficient provider enrollment process.  The author  
          also desired to make sure that physicians willing to take  
          Medi-Cal patients would be enrolled as providers as quickly  
          as possible, to help ensure that low-income beneficiaries  
          enrolled in Medi-Cal are receiving timely access to  
          physician services.  In addition, AB 1226 was intended to  
          help prevent fraud by freeing up DHCS staff time to  
          concentrate on a more thorough review of higher-risk  
          applications.  

          Medi-Cal dental program
          Medi-Cal currently covers a comprehensive package of dental  
          benefits for children and some adults.  Covered services  
          include diagnostic and preventive services, restorative  
          services such as fillings, and oral surgery services.   
          Access to dental services for children under age 21 is  
          required by federal law, whereas adult dental services are  
          an optional benefit.

          ABX3 5 (Evans), Chapter 20, Statutes of 2009-10 Third  
          Extraordinary Session, eliminated selected optional  
          benefits under the Medi-Cal Program, including most adult  
          dental services, effective July 1, 2009.  This action does  
          not affect services provided to beneficiaries under age 21.  
           

          According to DHCS, 1,730 dental provider applications were  




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          processed in 2009, including new applications, change of  
          address and new offices.  The average processing time is 55  
          days.  Of these, 264 were for a change of address with an  
          average processing time of 51 days.  The number of  
          Denti-Cal providers in the current year may decrease  
          substantially due to the elimination of adult dental  
          services in the Medi-Cal program.

          State Audits
          The Bureau of State Audits conducted audits of Medi-Cal  
          provider enrollment in May 2002 and April 2007.  The 2002  
          audit found that DHCS' Provider Enrollment Branch was not  
          effectively using its resources to process provider  
          applications, nor was it effectively coordinating its  
          efforts with the DHCS Audit & Investigations Branch.  The  
          2007 audit found that, despite the department's effort to  
          shorten the average time to process applications, the  
          department does not process some applications within the  
          specified time frame under current law.  As a result, the  
          enrollment branch continues to review the applications  
          after the statutorily required times, and is forced to  
          enroll these applicants into Medi-Cal on a provisional  
          status, because it cannot make a timely determination on  
          the applications.  

          Prior legislation
          AB 1226 (Hayashi) of 2007 Chapter 693, Statutes of 2007,  
          makes specified physicians eligible for expedited  
          enrollment as Medi-Cal physicians and permits a Medi-Cal  
          physician provider in an individual physician practice to  
          change locations within the same county by filing a change  
          of location form.
          
          SB 770 (Romero) and SB 1353 (Romero), 2005-2006 session,  
          would have permitted physicians and osteopaths, who are  
          Medi-Cal providers in good standing, to change practice  
          location within the same county and continue enrollment at  
          the new location by filing a change of location form.  The  
          bill would have also granted provisional provider status to  
          applicants whose forms have not been processed within 90  
          days.  It would have also reduced the maximum time for DHCS  
          to process provider enrollment applications from 180 days  
          to 90 days.  SB 770 was held on the Assembly Appropriations  
          suspense file.  The governor vetoed SB 1353 on the grounds  
          that it would unintentionally result in tens of millions of  




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          fraudulent claims by interfering with Medi-Cal fraud  
          activities designed to protect program integrity.

          AB 119 (Cohn ) of 2005-2006, would have permitted specified  
          medical providers in good standing to be eligible for  
          automatic enrollment in the Medi-Cal program, and would  
          have permitted providers to file a change of location form  
          in lieu of a complete application package.  This bill was  
          amended in the Senate to address a different subject.
          
          SB 857 (Speier), Chapter 601, Statutes of 2003, made  
          several changes to the Medi-Cal program enrollment process  
          for providers to reduce fraud.  Defined Medi-Cal  
          application requirements for new providers, existing  
          providers that change their locations, providers applying  
          for continued enrollment, and created rules for obtaining  
          provisional provider status.

          SB 643 (Chesbro), Chapter 551, Statutes of 2005, reduced  
          the time DHCS may take to process Medi-Cal provider  
          applications from 180 days to 30 days for specified  
          independent nurse providers.
          
          Arguments in support
          The sponsors, the California Dental Association, states  
          that, when a dentist who is participating as a provider  
          within Denti-Cal changes the location of their practice,  
          they must fill out and submit an entire provider  
          application form, rather than simply notify DHCS of the  
          change of address.  The sponsor argues that, to information  
          that the provider had already provided, for an existing  
          provider, the information on the form is redundant and  
          irrelevant.  

          The California Society of Pediatric Dentistry adds in  
          support that, when the change of address is within the same  
          county, the dentist has the ability, and usually the  
          intent, to provide a continuum of service to existing  
          patients.  They point out that interruptions in Denti-Cal  
          enrollment that occur as the result of the new enrollment  
          application process can disrupt existing treatment plans,  
          suspend or delay needed services and, if prolonged, disturb  
          or even sever the dentist-patient relationship.  






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                                  PRIOR ACTIONS

           
          Assembly Health:    18-0
          Assembly Appropriations: 15-0 
          Assembly Floor:     74-0


                                    POSITIONS  
                                        
          
          Support:   California Dental Association (sponsor) 
                 California Society of Pediatric Dentistry

          Oppose:   None received






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