BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2477
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          ASSEMBLY THIRD READING
          AB 2477 (Jones)
          As Introduced February 19, 2010
          Majority vote 

           HEALTH              15-0        APPROPRIATIONS      12-5        
           
           ----------------------------------------------------------------- 
          |Ayes:|Monning, Fletcher,        |Ayes:|Fuentes, Ammiano,         |
          |     |Ammiano, Carter, Conway,  |     |Bradford,                 |
          |     |Bradford, De Leon, Eng,   |     |Charles Calderon, Coto,   |
          |     |Hayashi, Hernandez,       |     |Davis, Monning, Ruskin,   |
          |     |Jones,                    |     |Skinner, Solorio,         |
          |     |Bonnie Lowenthal, Nava,   |     |Torlakson, Torrico        |
          |     |V. Manuel Perez, Salas    |     |                          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |Nays:|Conway, Harkey, Miller,   |
          |     |                          |     |Nielsen, Norby            |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Deletes the provision that requires Mid-Year Status  
          Reports (MSRs) for children from January 1, 2011 to July 1,  
          2012, therefore establishes continuous eligibility for children  
          in the Medi-Cal Program.

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee:

          1)An annual increase of $10 million (50% General Fund (GF)) to  
            maintain 7,300 children on Medi-Cal who may otherwise lose  
            coverage due to failure to comply with a semi-annual reporting  
            period. 

          The Governor's 2010-11 budget contains a proposal to move  
            children from a 12-month eligibility period to a six-month  
            eligibility period effective January 1, 2011.  The savings  
            associated with this proposal implemented for a half-year are  
            $4.9 million (50% GF).  The governor's budget proposal is  
            consistent with legislative actions taken in 2008, discussed  
            below. 

          2)The cost generated by this bill is eclipsed by the possible  
            loss of federal funding in the range of $25 billion if  








                                                                  AB 2477
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            California violates the federal Maintenance of Effort (MOE)  
            requirements for children in effect through September 2019. 

          3)According to some quantitative analysis and advocates, annual  
            reporting may be cost-beneficial by providing continuous  
            coverage to children and reducing Medi-Cal administrative  
            workload.

           COMMENTS  :  According to the author, this bill is intended to  
          provide continuity of eligibility for children in the Medi-Cal  
          Program and to eliminate the uncertainty of requiring  
          re-enrollment every 6 months.  The sponsors, the 100% Campaign,  
          point out that this bill would ensure that California is  
          eligible to receive billions of dollars in federal funds for  
          Medi-Cal.  They state that Congress is currently debating the  
          extension of the enhanced Federal Matching Assistance Program  
          (FMAP) which continues the requirement that in order to receive  
          enhanced funding states must meet MOE.  This MOE prohibits a  
          state from enacting any more restrictive eligibility standards,  
          methodologies, or procedures than those what were in effect as  
          of July 1, 2008.  Finally, as the supporters mention, the  
          President signed the Patient Protection and Affordable Care Act  
          (HR 3590; PL 111-148) on March 23, 2010, which also locked in  
          the MOE through 2019.  This bill is therefore necessary to  
          comply with federal law.

          Many adults receiving Medi-Cal must file a MSR six months after  
          application or after the last annual renewal in order to keep  
          Medi-Cal coverage.  AB 2900 (Gallegos), Chapter 945, Statutes of  
          2000, enacts continuous eligibility for children on Medi-Cal and  
          eliminates the requirement that children under 19 file MSRs to  
          retain Medi-Cal eligibility.  In 2008, as part of the budget  
          reductions, AB 1183 (Budget Committee), Chapter 758, Statutes of  
          2008 (the Omnibus Health Trailer Bill), adds a requirement that  
          children file MSRs, effective September 30, 2008 and sunset on  
          July 1, 2012.  In the meantime the American Recovery and  
          Reinvestment Act of 2009 was enacted at the federal level which  
          provides an enhanced FMAP.  California's share went from 50%  
          federal, 50% state to 62% federal, 38% state.  As a condition of  
          the enhanced match, states are required to meet the MOE.  In  
          order to comply, SB 24 X3 (Alquist), Chapter 24, Statutes of  
          2009 Third Extraordinary Session, made the MSR requirement  
          inoperative immediately upon enactment, March 27, 2009.









                                                                  AB 2477
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          Counties send the MSR form to the beneficiary by the 10th day of  
          the sixth month of enrollment in the Medi-Cal Program.  If a  
          beneficiary has had no change in income or other eligibility  
          criteria, the form must be signed and returned by the fifth day  
          of the following month.  If any changes are reported, the county  
          must first attempt to redetermine eligibility based on  
          information in its possession and can request documentation.  A  
          recipient may lose eligibility if the MSR is late or if the  
          county cannot redetermine eligibility based on the required  
          review.  However, if a recipient returns the MSR late, but  
          within the eighth month, the county has to process it.  If the  
          recipient is still eligible, the county must rescind the  
          termination and provide retroactive eligibility. 

          DHCS estimates that if MSRs become effective January 1, 2011,  
          approximately two million children would be required to file  
          MSRs.  DHCS further assumes that 25% would not respond to the  
          first mailing and that 55% would respond within three months and  
          receive retroactive eligibility.  DHCS assumes that  
          approximately 24% will lose eligibility.  According to data  
          supplied by the California Welfare Directors, after three years  
          up to two-thirds were back in Medi-Cal.  Another study, "How  
          Much Does Churning in Medi-Cal Cost?" (The California Endowment,  
          April 2005, Fairbrother), reports that this churning, due to  
          confusion or paper work requirements, often resulted in worsened  
          health conditions, a need for more invasive and more expensive  
          health care.  

           
          Analysis Prepared by  :    Marjorie Swartz / HEALTH / (916)  
          319-2097 


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