BILL ANALYSIS                                                                                                                                                                                                    






                                 SENATE HEALTH
                               COMMITTEE ANALYSIS
                        Senator Elaine K. Alquist, Chair


          BILL NO:       AB 1932                                      
          A
          AUTHOR:        Hernandez                                    
          B
          AMENDED:       May 28, 2010                                
          HEARING DATE:  June 23, 2010                                
          1
          CONSULTANT:                                                 
          9
          Dunstan/cjt                                                  
              3
                                                                       
              2

                                        
                                     SUBJECT
                                        
                 Medi-Cal: ambulance transportation services: 
                         reimbursement: service levels


                                     SUMMARY  

          Revises the Medi-Cal reimbursement rate categories for  
          ambulance transportation services to be consistent with  
          Medicare categories. 


                             CHANGES TO EXISTING LAW  

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

          Existing state law: 
          Establishes the Medi-Cal program as 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  
                                                         Continued---



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          eligibility criteria.  Establishes a schedule of benefits  
          under the Medi-Cal program, which includes emergency and  
          nonemergency medical transportation.  

          Establishes, through regulation, maximum reimbursement  
          rates for medical transportation services under Medi-Cal,  
          and prohibits billing from exceeding charges made to the  
          general public. 

          This bill:
          Revises the Medi-Cal reimbursement rate categories for  
          ambulance transportation services to be consistent with  
          Medicare categories.  It authorizes DHCS to utilize the  
          following categories for reimbursement of ambulance  
          transportation services:
                 Advanced Life Support, Non-emergency.
                 Advanced Life Support Emergency.
                 Basic Life Support, Non-emergency.
                 Basic Life Support, Emergency.
                 Advanced Life Support, Level 2.
                 Specialty Care Transport.

          The bill also provides that if DHCS adopts the categories  
          specified above then the definitions used should be those  
          established by the Centers for Medicare and Medicaid  
          Services (CMS).  
          
                                  FISCAL IMPACT  

          According to the Assembly Appropriations Committee  
          analysis, this bill would result in absorbable costs to  
          Medi-Cal and notes that this bill codifies a process  
          underway to adopt the use of these six levels of emergency  
          medical transport, per recent requirements of federal law.   
          This bill does not modify reimbursement for emergency  
          medical transport.  Under current law, Medi-Cal Basic Life  
          Support non-emergency transportation is reimbursed at $107  
          and Basic Life Support emergency transportation is  
          reimbursed at $118 per trip. 


                            BACKGROUND AND DISCUSSION  

          According to the author, AB 1932 revises the Medi-Cal  
          reimbursement rate categories for ambulance transportation  




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          services to be consistent with Medicare categories.  The  
          author also states that the national fee schedule, as  
          proposed to be adopted by AB 1932 for state purposes,  
          properly aligns Medicare reimbursement of  
          medically-necessary ambulance services (i.e., the payment  
          system includes service levels, definitions and billing  
          codes) assuring medically appropriate and quality emergency  
          and non-emergency ambulance transport services are  
          delivered to Medicare beneficiaries. 

          Background
          The Balanced Budget Act of 1997 added a new section to the  
          Social Security Act which mandated the implementation of a  
          national fee schedule for ambulance services furnished as a  
          benefit under Medicare Part B.  The fee schedule is  
          effective for claims with dates of service on or after  
          April 1, 2002, and it applies to all ambulance services,  
          including volunteer, municipal, private, independent, and  
          institutional providers, i.e., hospitals, critical access  
          hospitals (except when it is the only ambulance service  
          within 35 miles), and skilled nursing facilities

          On April 1, 2002, the Centers for Medicare and Medicaid  
          Services (CMS) implemented the national fee schedule for  
          the Medicare reimbursement of ambulance services.  The fee  
          schedule was developed by a negotiated rulemaking committee  
          involving national experts and stakeholders on emergency  
          medical services, including physician medical directors,  
          finance and billing experts, public and private ambulance  
          providers, state regulators, and federal health care  
          financing administrators.  The codes for six new Medicare  
          ambulance "service levels" and "definitions" were  
          implemented on April 1, 2002 and the phase-in of new rates  
          began.  The Medicare ambulance fee schedule rates were  
          fully phased-in on January 1, 2010. 

          According to the Medi-Cal policy manual, Medi-Cal covers  
          ambulance and other medical transportation only when  
          ordinary public or private conveyance is medically  
          contra-indicated and transportation is required for  
          obtaining needed medical care.  To receive reimbursement, a  
          recipient must be eligible for Medi-Cal on the date of  
          service. 

          Related bills




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          AB 511 (De La Torre) establishes a quality assurance fee on  
          ambulance transportation services providers to increase  
          transportation rates paid on behalf of Medi-Cal patients.  
          AB 511 is in Senate Health Committee. 

          AB 2173 (Beall) establishes a $3 penalty on every vehicle  
          code violation to be matched for with federal Medicaid  
          funds, the resulting amount to be used to make supplemental  
          payments for emergency air medical transportation services  
          in the Medi-Cal Program.
          This bill is in Senate Health Committee.

          Prior legislation
          AB 2257 (Hernandez) would have significantly increased and  
          codified Medi-Cal reimbursement rates for emergency and  
          non-emergency basic life support and advanced life support  
          transportation, including air ambulances.  This bill was  
          held on suspense in Assembly Appropriations Committee

          AB 1174 (Hernandez) was very similar to AB 2257.  This bill  
          was held on suspense in Assembly Appropriations Committee.

          Arguments in support
          According to the sponsor, the California Ambulance  
          Association, AB 1932 would set the ambulance service  
          reimbursement methods of payment, but not the payment  
          amounts, in a manner which is consistent with the Medicare  
          program payment methods for ambulance services.  They note  
          that Medicare program payment methods are intended to  
          recognize the different levels of service, and the  
          different costs associated with those services which may be  
          required for different patient conditions, signs and  
          symptoms, and driven by their local medical protocols.  CAA  
          states that following implementation of the national  
          Medicare Ambulance Fee Schedule, most state Medicaid  
          programs have adopted the Healthcare Common Procedure  
          Coding System (HCPCS) that corresponds to the six levels of  
          ambulance service established by Medicare and that many  
          state Medicaid programs have definitions for each of the  
          various levels of service that parallel Medicare's  
          definitions (Medicare service levels include definitions  
          that accommodate state-specific regulations).


                                  PRIOR ACTIONS




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           Assembly Health          15-4
          Assembly Appropriations:12-0
          Assembly Floor:     69-5

                                    POSITIONS  
                                        
          Support:   California Ambulance Association (Sponsor)


          Oppose:  None received






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