BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           117 (Corbett)
          
          Hearing Date:  5/28/2009        Amended: 3/9/2009
          Consultant: Katie Johnson       Policy Vote: Health 10-1
          _________________________________________________________________ 
          ____
          BILL SUMMARY:   SB 117 would extend the deadline by which the  
          Department of Health Care Services (DHCS) is required to  
          establish a new Medi-Cal rate reimbursement methodology for  
          adult day health care (ADHC) services from August 1, 2010, to  
          August 1, 2013, and would make conforming statutory changes.
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2009-10      2010-11       2011-12     Fund
                                                                  
          DHCS staffing costs      $0     $144 - $393  $287 - $785General
          for development of                  $144 - $393        $287 -  
          $785          Federal    
          methodology                     
          _________________________________________________________________ 
          ____

          STAFF COMMENTS:  SUSPENSE FILE.

          Existing law, enacted by the passage of SB 1755 (Chesbro),  
          Chapter 691, Statutes of 2006, requires the DHCS to establish a  
          new cost-based Medi-Cal reimbursement methodology for ADHC  
          services, in consultation with stakeholders, by August 1, 2010.  
          Existing law also sets forth specific timeframes and deadlines  
          for the DHCS to develop, implement, and promulgate regulations  
          for SB 1755. The DHCS has not met several of the statutory  
          deadlines and is unlikely to meet the August 1, 2010, completion  
          date.

          Currently, ADHC centers are reimbursed for services by Medi-Cal  
          at a flat rate of $68.57 per participant per day. ADHC centers  
          do not bill services individually. Instead, they bill services  
          in a bundled package that includes core, specialty, and  
          transportation services. These costs are shared equally between  
          state and federal funds.











          This bill would extend each of the deadlines set forth by SB  
          1755 by three years. For example, this bill would require DHCS  
          to develop the rate methodology and a reimbursement limit by  
          August 1, 2013, instead of by the current August 1, 2010. 

          The DHCS expects to realize tens of millions of dollars in  
          savings upon the implementation of SB 1755 through the  
          restructuring of the rate methodology and the unbundling of the  
          current reimbursement rate. This bill would delay those savings  
          by up to three years and, as such, the DHCS would find it  
          necessary to sustain current levels of budgetary funding for up  
          to an additional three years at an unknown cost of tens of  
          millions of dollars. In the November FY 2009-2010 Medi-Cal  
          budget estimate, the administration predicted savings of  
          approximately $34 million due to ADHC reforms. It is unknown if  
          this number will be revised in the May 2009-2010 estimate. Staff  
          notes that 


          Page 2
          SB 117 (Corbett)

          new information and analysis indicate that these savings have  
          not yet been taken into account in future budget estimates and  
          that they would be unlikely to materialize if this project is  
          not completed.

          In February of 2009, President Obama signed the American  
          Reinvestment and Recovery Act (ARRA) into law. As a result, the  
          Federal Medical Assistance Percentage (FMAP) increased from 50  
          percent to 61.59 percent. Thus, retroactively from October 1,  
          2008 through December 31, 2010, the federal government would pay  
          for approximately 62 percent (FFP) and the state general fund  
          (GF) would pay for 38 percent of benefit-related Medi-Cal  
          expenditures. This would apply to ADHC service costs and thus  
          temporarily ease the burden of some of the delayed savings.

          In order to continue to develop the rate methodology, conduct  
          the cost audits, and complete other tasks mandated by SB 1755,  
          commencing January 1, 2011, the DHCS would likely need to extend  
          up to 20 limited-term existing auditor positions, at about  
          $70,000 each annually, and 2 manager positions, at about $85,000  
          each annually, for up to the August 1, 2013 deadline at an  
          annual cost of $1,570,000 ($785,000 GF / $785,000 FF). If  
          workload were to diminish as the department moves closer to full  
          implementation, it is possible that only one third of the  










          auditors and 1 manager would be needed to continue the SB 1755  
          implementation at an estimated cost of $575,000 annually  
          ($287,000 GF, $287,000 FF).