BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           732 (Alquist)
          
          Hearing Date:  5/4/2009         Amended: 3/31/2009
          Consultant: Katie Johnson       Policy Vote: Health 11-0
          _________________________________________________________________ 
          ____
          BILL SUMMARY:  SB 732 would require the Department of Health  
          Care Services (DHCS), in consultation with the Office of  
          Statewide Health Planning and Development (OSHPD), to establish  
          a cost reporting methodology that allows the DHCS to adjust  
          Medi-Cal long-term care reimbursement rates expediently.
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2009-10      2010-11       2011-12     Fund
                                                                  
          DHCS cost report                unknown, but potentially  
          moreGeneral/
          development                          than $50 General Fund   
          Federal*

          Increased SNF            significant annual General FundGeneral/
          reimbursement            costs in the millions of  
          dollarsFederal**

          *Costs would be shared 50% General Fund and 50% federal funds.
          **Medi-Cal costs are shared 50% General Fund and 50% Federal  
          funds. However, 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 and the state  
          General Fund would pay for 38 percent of benefit-related  
          Medi-Cal expenditures.
          _________________________________________________________________ 
          ____

          STAFF COMMENTS:  This bill meets the criteria for referral to  
          the Suspense File.
          
          Existing law provides for the Medi-Cal program, California's  










          Medicaid program, which provides health care services, including  
          nursing facility services, to qualified low-income individuals.  
          Existing law, the Medi-Cal Long-Term Care Reimbursement Act,  
          requires the department to implement a facility-specific  
          rate-setting system that uses a cost-based reimbursement rate  
          methodology that reflects the costs and staffing levels related  
          to the quality of care for skilled nursing home facilities'  
          residents. Existing law ceases to implement this rate  
          methodology on and after July 31, 2011.

          By July 1, 2010, this bill would require the DHCS, in  
          consultation with OSHPD, to establish a cost reporting  
          methodology that would allow the DHCS to adjust rates in a way  
          that would expediently achieve the intent of the Medi-Cal  
          Long-Term Care Reimbursement Act.

          This bill would require the cost reporting methodology to  
          itemize costs and would require the DHCS to consult with  
          stakeholders, as specified, when determining which 
          Page 2
          SB 732 (Alquist)

          ones would be itemized. This bill would require the DHCS to  
          continue to collect the cost data reported prior to July 1,  
          2010, in the new cost reporting methodology. This bill would  
          permit the DHCS to update and modify existing cost reporting  
          mechanisms, including Long-Term Care Facility Integrated  
          Disclosure and Medi-Cal Cost Report, which OSHPD recently  
          updated. This update could potentially address the issue of  
          itemization of cost.

          AB 1629 (Frommer), Chapter 875, Statutes of 2004, changed the  
          Medi-Cal reimbursement system for skilled nursing facilities  
          (SNFs) from a flat rate to facility- specific rates based on the  
          actual costs of providing services. As the cost of providing  
          health care increases, the cost-based rate would increase  
          accordingly. This bill would update the system by which SNFs  
          report costs to the state for purposes of adjusting rates. The  
          Budget Act of 2008 provided for an AB 1629 workgroup. One of the  
          recommendations of the workgroup was to modify the cost  
          reporting methodology to expedite the determination of increased  
          rates. Since this bill would require the DHCS to develop a cost  
          reporting methodology that would increase the effectiveness of  
          rate-setting by DHCS, the reimbursement rates would increase  
          faster. As such, the DHCS would be required to reimburse SNFs at  
          higher rates sooner, thus creating an unknown, but significant  










          General Fund cost impact in likely the millions of dollars  
          annually.

          In the Assembly Appropriations Committee analysis of SB 1755  
          (Chesbro), Chapter 691, Statutes of 2006, the DHCS identified  
          costs of $500,000 ($250,000 General Fund) over three years to  
          develop cost reports, reimbursement rates, and the reimbursement  
          methodology for Medi-Cal reimbursement of adult day health care  
          centers. There is already a reimbursement methodology in place  
          for SNFs, so the cost of developing a specific cost report would  
          be likely less than the fiscal figure for SB 1755, especially if  
          the DHCS were to exercise the option in this bill to update and  
          modify existing cost reporting mechanisms. However, since this  
          bill requires the DHCS to perform a similar duty to that in SB  
          1755, it is likely that the process to implement this bill would  
          not be minor and absorbable. Any ongoing costs are also unknown.  
          DHCS expenses would be shared equally between the General Fund  
          and federal funds. OSHPD does not anticipate increased costs  
          associated with the implementation of this bill.