BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



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          |SENATE RULES COMMITTEE            |                    AB 62|
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                                    CONSENT


          Bill No:  AB 62
          Author:   Monning (D)
          Amended:  6/27/11 in Senate
          Vote:     21

           
           SENATE HEALTH COMMITTEE  :  9-0, 7/6/11
          AYES:  Hernandez, Strickland, Alquist, Anderson, Blakeslee, 
            De Le�n, DeSaulnier, Rubio, Wolk
           
          SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8
           
          ASSEMBLY FLOOR  :  78-0, 5/19/11 - See last page for vote


           SUBJECT  :    Medi-Cal:  dual eligibles:  pilot projects

           SOURCE  :     Author


           DIGEST  :    This bill permits the Department of Health Care 
          Services (DHCS) to establish pilot projects for individuals 
          eligible for both Medicare and Medi-Cal (dual eligibles) 
          pursuant to a request for proposal from the federal Centers 
          for Medicare and Medicaid Services, and requires DHCS to 
          consult with specified stakeholders on a regular basis 
          throughout the development and implementation of the dual 
          eligible pilot projects.

           ANALYSIS  :    

          Existing federal law:

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          1. Establishes the federal Medicare program, which is a 
             public health insurance program for individuals age 65 
             years and older and specified persons with disabilities 
             who are under age 65.

          2. Establishes, as part of federal health care reform, the 
             Federal Coordinated Health Care Office (Office) within 
             the federal Centers for Medicare and Medicaid Services 
             (CMS).  

          3. Requires the purpose of the Office to be to bring 
             together officers and employees of the Medicare and 
             Medicaid programs at CMS in order to:

             A.    More effectively integrate benefits under the 
                Medicare and Medicaid programs; and

             B.    Improve the coordination between the federal 
                government and the states for dual eligibles to 
                ensure that such individuals get full access to the 
                items and services to which they are entitled under 
                Medicare and Medicaid.

          Existing state law: 

          1. Establishes the Medi-Cal program, which is administered 
             by DHCS and under which qualified low-income persons 
             receive health care benefits. The Medi-Cal program is, 
             in part, governed and funded by federal Medicaid 
             provisions.

          2. Requires DHCS, to the extent that federal financial 
             participation is available, and pursuant to a 
             demonstration project or waiver of federal law, to 
             establish pilot projects in up to four counties, to 
             develop effective health care models to provide services 
             to persons who are dually eligible under both the 
             Medi-Cal and Medicare programs.  

          3. Requires DHCS, not sooner than March 1, 2011, to 
             identify health care models that can be included in a 
             pilot project, to develop a timeline and process for 
             selecting, financing, monitoring, and evaluating the 
             pilot projects, and to provide this timeline and process 

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             to the appropriate fiscal and policy committees of the 
             Legislature.

          This bill:

          1. Permits DHCS to establish pilot projects for dual 
             eligibles pursuant to a request for proposal (RFP) from 
             CMS, in addition to the requirement in existing law that 
             requires DHCS to establish pilot projects in up to four 
             counties to provide services to persons who are dually 
             eligible under both the Medi-Cal and Medicare programs.

          2. Requires DHCS to consult with stakeholders, including, 
             but not limited to, representatives of advocacy 
             organizations, persons with disabilities, seniors, 
             representatives of legal services agencies that serve 
             dual eligibles, specialty care providers, provider 
             associations, labor, health plans, county government, 
             and the Legislature, on a regular basis throughout the 
             development and implementation of the pilot projects.

           Background
           
           Dual eligible enrollees  .  For dual eligibles, Medicaid 
          fills in the gaps in Medicare coverage.  For those who 
          qualify, Medicaid pays the Medicare Part B premium 
          (Medicare part B premiums are $96.40 per month for most 
          beneficiaries in 2010), pays the cost sharing charged for 
          many Medicare services, and covers a range of benefits not 
          covered by Medicare such as long-term care.  According to 
          DHCS, there are 1.1 million dually eligible Medi-Cal 
          enrollees.  Although they constitute roughly 10 percent of 
          the Medi-Cal population, they account for nearly 25 percent 
          of annual Medi-Cal costs.  Dual eligibles also account for 
          75 percent of the total Medi-Cal costs for long-term care.  
          DHCS states that dual eligible enrollees are the most 
          chronically ill individuals within both Medicare and 
          Medicaid, requiring a complex range of services from 
          multiple providers.  According to DHCS, despite the 
          complexity of their needs, the vast majority of 
          California's dual eligibles remain in the fragmented 
          fee-for-service delivery system.  SB 208 (Steinberg), 
          Chapter 714, Statutes of 2010, directs DHCS to develop a 
          program to provide more streamlined and effective care for 

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          California's dual eligibles.  At the same time, one of the 
          purposes of the new CMS CMMI and Office of Duals is the 
          improvement of coordination and addressing cost shifting 
          between Medicare and Medicaid.  

           State demonstration  .  SB 208 requires DHCS to include at 
          least one two-plan Medi-Cal managed care county and one 
          Medi-Cal county organized health system plan county.  DHCS 
          is required to identify the models by January 1, 2012 and 
          develop a timeline and process for selecting, monitoring 
          and evaluating these pilot projects.  The goals for the 
          pilot project are as follows: 

          1. Coordinating Medi-Cal benefits, Medicare benefits, or 
             both, across health care settings and improving 
             continuity of acute care, long-term care, and home- and 
             community-based services.

          2. Coordinating access to acute and long-term care services 
             for dual eligibles.

          3. Maximizing the ability of dual eligibles to remain in 
             their homes and communities with appropriate services 
             and supports in lieu of institutional care.

          4. Increasing the availability of and access to home- and 
             community-based alternatives.

          According to the response submitted to CMS, DHCS is 
          planning to implement an integrated care pilot program in 
          four counties in 2012 with a goal that all dual eligibles 
          will have an option to enroll in a fully integrated system 
          of care by 2015.  The federal RFP provided for contract 
          opportunities for up to 15 states with up to $1 million per 
          state for the design phase.  An implementation phase may be 
          offered in 2012.  CMS is looking for person-centered models 
          that integrate the full range of acute, behavioral health, 
          and long-term supports and services for dual eligible 
          individuals.  

           Comments
           
          According to the author's office, this bill provides 
          technical changes to existing law relating to the 

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          "California Bridge to Reform" waiver approved in 2010.  SB 
          208 includes provisions requiring the establishment of dual 
          eligible pilot projects in up to four counties for the 
          purpose of developing effective health care models that 
          integrate Medi-Cal and Medicare services.  The author's 
          office states that at that time the authorization was 
          included as part of the waiver legislation.  However, the 
          author's office states that CMS requested that the state 
          not include the dual eligible pilot programs as part of 
          that waiver.  The author's office explains that the federal 
          Patient Protection and Affordable Care Act created the 
          Center for Medicare and Medicaid Innovation (CMMI).  The 
          CMMI and the federal Office are working on a new initiative 
          "State Demonstrations to Integrate Care for Dual Eligible 
          Individuals" to provide funding for states to support the 
          design of innovative service delivery and payment models 
          for dual eligible individuals.  

          According to the author's office, DHCS submitted a response 
          to the CMS RFP under this new initiative on January 28, 
          2011.  The author's office states that this bill clarifies 
          that the dual eligible project in response to the RFP is 
          not a part of the California Bridge to Reform federal 
          waiver approved last year.  The author's office also states 
          that this bill requires consultation with stakeholders to 
          ensure that DHCS continues to be informed by interested and 
          affected members of the stakeholder community.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No


           ASSEMBLY FLOOR  :  78-0, 5/19/11
          AYES:  Achadjian, Allen, Ammiano, Atkins, Beall, Bill 
            Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, 
            Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, 
            Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove, 
            Hagman, Halderman, Hall, Harkey, Hayashi, Roger 
            Hern�ndez, Hill, Huber, Hueso, Huffman, Jeffries, Jones, 
            Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, 
            Mendoza, Miller, Mitchell, Monning, Morrell, Nestande, 
            Nielsen, Norby, Olsen, Pan, Perea, V. Manuel P�rez, 

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            Portantino, Silva, Skinner, Smyth, Solorio, Swanson, 
            Torres, Valadao, Wagner, Wieckowski, Williams, Yamada, 
            John A. P�rez
          NO VOTE RECORDED:  Alejo, Gorell


          CTW:kc  8/16/11   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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