BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           998 (Liu/Alquist)
          
          Hearing Date:  5/27/2010        Amended: 4/20/2010
          Consultant: Katie Johnson       Policy Vote: Health 6-3
          _________________________________________________________________ 
          ____
          BILL SUMMARY:  SB 998 would require the Department of Health  
          Care Services (DHCS) to work with stakeholders to develop or  
          identify a long-term care assessment tool that would identify an  
          individual's long-term care needs. It would also require  
          counties to establish a long-term care case management program  
          for persons who are Medi-Cal recipients or enrolled in both  
          Medi-Cal and Medicare and residing in, applying for admission  
          to, or at imminent risk of being placed in a long-term health  
          care facility.
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2010-11      2011-12       2012-13     Fund
                                                                  
          Stakeholder process to   likely hundreds of thousands  
          annuallyGeneral/*
          develop or select long-term                            Federal
          care assessment tool; ongoing
          program oversight

          Development and                 likely hundreds of  
          thousandsGeneral/**
          procurement of long-term one-time                      Federal
          care assessment tool

          Implementation of county        likely hundreds of      
          General/***
          case management program  millions of dollars annually        
          Federal

          Increased reimbursement and     unknown, but likely in the  
          General/*
          utilization of home and  millions of dollars annually        
          Federal
          community based services











          Potential long-term             likely in the millions of  
          dollars       General/*
          cost avoidance           to the extent that cost is  
          containedFederal
                                   and avoided by treating people in 
                                   a more cost-effective setting

          *In general, costs would be shared 50 percent General Fund and  
          50 percent federal funds for all staff work
          **If system procurement is necessary, costs could be shared 10  
          percent General Fund and 90 percent federal funds
          ***Costs could be shared 25 percent General Fund and 75 percent  
          federal funds
          _________________________________________________________________ 
          ____

          STAFF COMMENTS: SUSPENSE FILE.
          
          Long-Term Care Assessment Tool
          Page 2
          SB 998 (Liu/Alquist)

          This bill would require the Department of Health Care Services  
          (DHCS) to develop a uniform long-term care services assessment  
          in collaboration with stakeholders no later than July 1, 2012.  
          To develop the tool, the department would likely need additional  
          personnel to staff the stakeholder workgroup and technical  
          expertise in developing the assessment tool software at a cost  
          likely in the hundreds of thousands of dollars annually through  
          July 1, 2012. 

          County Case Management Program
          
          This bill would create a county-based, comprehensive long-term  
          care program that would provide an assessment of an individual's  
          long-term care services needs and
          ongoing case management to ensure that the individual would have  
          every opportunity to reside at home or in another  
          community-based setting instead of in a long-term care facility.  
          Individuals who are Medi-Cal recipients or enrolled in both  
          Medi-Cal and Medicare, also known as dual eligibles, and  
          residing in, applying for admission to, or at imminent risk of  
          being placed in a long-term health care facility would be  
          eligible for the program. California has approximately 1.1  
          million dual eligibles and about 380,000 seniors and persons  
          with disabilities (SPDs) who are Medi-Cal enrollees. 











          Although it is unknown how many people could be eligible for  
          these transition and case management services, if 1 percent of  
          these individuals, approximately 150,000 people, were eligible  
          for this program, it could cost approximately $150 million -  
          $350 million annually for case management services, assuming  
          salaries of $100,000 and caseloads of 40 - 80 consumers. If the  
          case managers were licensed health care professionals, their  
          salaries could be eligible to receive an enhanced federal funds  
          matching rate of 75 percent federal funds and 25 percent General  
          Fund. Otherwise, costs would likely be shared 50 percent federal  
          funds and 50 percent General Fund. 

          This bill could also cause a minor increase in costs to the  
          Office of Statewide Health Planning and Development (OSHPD) for  
          data collection and storage and to the Department of Finance  
          (DOF) to develop program baseline and savings estimates.

          Potential Future Program Cost Avoidance
          
          This bill specifically directs DOF to estimate savings realized  
          from placing individuals who would otherwise be placed in or  
          transferred to a licensed long-term health care facility in a  
          home or in a less restrictive environment. To the extent that  
          projected costs of serving beneficiaries in long-term care  
          facilities is shown to be more than the program costs of  
          maintaining an individual in a community placement, there could  
          be significant cost avoidance.
          
          Existing State Home and Community-Based Programs

          Within California, the Departments of Aging (CDA), Health Care  
          Services (DHCS), Developmental Services (DDS), Mental Health  
          (DMH), Rehabilitation (DOR), Social Services (DSS), and Veterans  
          Affairs (DVA) each directly administer long-term care programs  
          such as Money Follows the Person (MFP), Program of All-Inclusive  
          Care for 
          Page 3
          SB 998 (Liu/Alquist)

          the Elderly (PACE), In-Home Supportive Services (IHSS), and a  
          DDS Home and Community Based Services waiver. Many of these  
          programs conduct their own separate assessments and have  
          different eligibility requirements, limits on caseload, and  
          different streams of federal, state, and local funding. Although  
          it could be possible that DHCS and counties, in implementing  










          this bill, could utilize and build upon current programs,  
          streams of funding, and service delivery systems, it is unknown  
          both operationally and fiscally how existing programs would  
          interface with this bill's required long-term care assessment  
          tool and case management program.

          Additionally, federal health care reform provides states  
          opportunities to expand their offerings of home and  
          community-based services, including an option that permits state  
          Medicaid agencies to apply to the federal government for a  
          Section 1915(k) state plan amendment (SPA) commencing October 1,  
          2010, also known as the Community First Choice Option.  
          Participating states could receive a 6 percent augmentation in  
          the federal matching rate. 

          One example of an existing system of a consumer-centered  
          assessment, plan, case management system, and service  
          procurement is the regional center system that serves  
          Californians diagnosed with developmental disabilities as  
          administered by DDS. The regional center system is made up of 21  
          nonprofit regional centers that contract with DDS to initially  
          assess an individual's needs, develop an individual plan that  
          outlines the local services that an individual may need to live  
          in his/her community, purchase those necessary services, and  
          provide ongoing case management to the individual.

          DDS and DHCS jointly administer a Section 1915(c) Home and  
          Community Based Services (HCBS) waiver which provides consumers  
          who are eligible for both Medi-Cal and DDS an array of home and  
          community based services, such as home health, respite, skilled  
          nursing, and transportation, in order to enable them to live in  
          a placement outside of a long-term care facility. Waiver  
          enrollment is capped at 90,000 consumers for October 1, 2009, to  
          September 31, 2010, and is capped at 95,000 for October 1, 2010,  
          through September 31, 2011. The DDS November 2009 Estimate  
          estimates that the department will spend approximately $1.9  
          billion total funds in FY 2010-2011 for staff and purchase of  
          services for the HCBS waiver. Costs per consumer under this bill  
          would vary depending on his or her individual needs.