BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           771 (Alquist)
          
          Hearing Date:  1/21/2010        Amended: 12/16/2009
          Consultant: Katie Johnson       Policy Vote: Health 6-1
          _________________________________________________________________ 
          ____
          BILL SUMMARY:  SB 771 would extend the suspension of the  
          mid-year status eligibility reporting requirement for children  
          who are Medi-Cal beneficiaries beyond December 31, 2010, in the  
          event Congress passes and the President signs legislation that  
          would maintain or extend the Medicaid enhanced Federal Medical  
          Assistance Percentage (FMAP) provided to states in the American  
          Reinvestment and Recovery Act of 2009 (ARRA).
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2010-11      2011-12       2012-13     Fund  
          Continuation of 12-month $2,470 $40,000 - $92,000 $0   General*
          continuous Medi-Cal eligibility $2,470       $40,000 -  
          $92,000$0Federal*
          for children

          *Assumes Medi-Cal costs are shared 50% General Fund and 50%  
          federal funds and that the enhanced FMAP is extended through  
          July 1, 2012.
          _________________________________________________________________ 
          ____

          STAFF COMMENTS: SUSPENSE FILE.
          
          Existing federal law establishes Medicaid, also known as  
          Medi-Cal in California, which provides comprehensive health  
          benefits to eligible low-income individuals including the aged,  
          blind, disabled, pregnant women, and children. The State  
          Department of Health Care Services (DHCS) administers Medi-Cal.

          In California, Medi-Cal costs are generally shared 50 percent  
          General Fund and 50 percent 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 for California, based on the state's unemployment  










          figures. 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,  
          provided there was no action taken by California to diminish  
          program eligibility. 

          California had recently taken an action to diminish Medi-Cal  
          eligibility for children by instituting mid-year status reports  
          commencing January 1, 2009. Prior to mid-year status reports,  
          children were required to submit annual eligibility  
          redetermination forms for Medi-Cal enrollment. Mid-year status  
          reporting means that children were instead required to submit  
          eligibility redetermination forms every 6 months.

          Page 2
          SB 771 (Alquist)

          In order for California to be eligible to receive the  
          approximately $3 - 4 billion in enhanced federal funds under  
          ARRA, SB X3 24 (Alquist), Chapter 24, Statutes of 2009,  
          suspended the requirement for children to renew their Medi-Cal  
          eligibility every 6 months and instead required them to renew  
          their eligibility every 12 months. The suspension will be lifted  
          when ARRA expires on December 31, 2010, and children would again  
          be required to renew their Medi-Cal eligibility every 6 months  
          until July 1, 2012, when annual eligibility reviews recommence.  
          Mid-year status reporting commenced January 1, 2009, as a  
          General Fund cost-saving measure. When SB X3 24 suspended it,  
          the Department of Finance estimated a cost, or a loss of  
          savings, in the tens of millions of dollars in General Fund. 

          The DHCS FY 2010-2011 budget estimates that if the mid-year  
          status reports take effect on January 1, 2011, upon the  
          expiration of ARRA funding, DHCS is expected to save $4.94  
          million in total funds in the latter half of FY 2010-2011, or  
          $2.47 million federal funds and $2.47 million General Fund,  
          assuming a 50 percent General Fund, 50 percent federal fund  
          FMAP. The savings would result because DHCS estimates that  
          thousands of children would be disenrolled from Medi-Cal when  
          they are required to reconfirm eligibility biannually.

          This bill would provide that mid-year status reporting may  
          continue to be suspended in the event Congress approves  
          legislation that would either maintain or extend increased  
          federal financial participation.











          Suspending mid-year status reporting would likely be a condition  
          imposed on the state in order to continue to receive enhanced  
          federal funds of approximately $2 billion in 6 months, since it  
          was necessary to receive the enhanced FMAP under ARRA. 

          Based on the Medi-Cal estimates above, it would cost $2.47  
          million in federal funds and $2.47 million in General Fund for  
          two quarters-January 1, 2011, through June 30, 2011. Congress is  
          currently considering the Jobs for Main Street Act, or HR 2847,  
          which includes a provision that would extend ARRA funding for 2  
          quarters-from January 1, 2011, through June 30, 2011. 

          Alternatively, if mid-year status reporting were suspended for  
          18 months, January 1, 2011, to, July 1, 2012, costs in FY  
          2010-2011 would be $2.47 million in federal funds and $2.47  
          million in General Fund, and in FY 2011-2012 would be estimated  
          to be between $40 million and $92 million federal funds and  
          between $40 million and $92 million General Fund, depending on  
          the change in DHCS fiscal assumptions between FY 2009-2010 and  
          FY 2010-2011 in their budget estimates. The exponential increase  
          in costs in FY 2011-2012 are due to the monthly increased number  
          of children not responding to mid-year status report mailings.  
          The actual total cost of this bill is currently unknown and  
          would depend directly on the number of months for which Congress  
          agrees to continue enhanced FMAP prior to July 1, 2012.

          Although the bill's construction seems to build on the current  
          mid-year status reporting suspension related to enhanced FMAP  
          under ARRA, since the bill does not define the level of  
          "increased federal financial participation," one could presume  
          that the 
          Page 3
          SB 771 (Alquist)

          suspension, and the associated costs, would be triggered if any  
          act of Congress maintains or extends an increased FMAP for  
          California, including the pending ARRA extension for 2 quarters  
          (6 months) in the Jobs for Main Street Act, or HR 2847, the FMAP  
          changes in the federal health reform bills, or HR 3962 and HR  
          3950, or an act that would increase California's base FMAP, as  
          proposed by the Governor in his FY 2010-2011 budget. 

          In order to mitigate potential FY 2011-2012 costs, staff  
          recommends that the bill be amended to suspend the mid-year  
          status reporting requirement only if Congress amended ARRA to  










          extend the enhanced FMAP for two additional quarters.