BILL ANALYSIS �
AB 96
Page 1
GOVERNOR'S VETO
AB 96 (Budget Committee)
As Amended June 8, 2011
2/3 vote. Budget Bill Appropriation Takes Effect Immediately
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|ASSEMBLY: | |(February 22, |SENATE: |24-15|(June 10, |
| | |2011) | | |2011) |
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(vote not relevant)
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|ASSEMBLY: |54-24|(June 15, 2011) | | | |
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SUMMARY : Contains necessary statutory changes to achieve savings
assumed in the 2011 Budget Act for the Department of Health Care
Services (DHCS).
The Senate amendments delete the Assembly version of this bill, and
instead:
1)Create a new Adult Day Health Care (ADHC) program, to be operated
under a federal Medicaid Waiver, as follows:
a) Express legislative intent: 1) to create the Keeping Adults
Free from Institutions (KAFI) program, to provide community
services that prevent institutionalization; 2) that the KAFI
program allow recipients of ADHC to be given priority in
transitioning; and, 3) the KAFI program be established as
quickly as possible;
b) Require the DHCS to submit an application for a federal
waiver, to implement the KAFI program, by September 1, 2011;
c) Require the KAFI program to utilize licensed adult day
health centers to provide medical, behavioral health, and
social services to Medi-Cal beneficiaries who are at high risk
of institutionalization;
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d) Authorize the DHCS to implement the KAFI program by way of a
state plan amendment, federal waiver, or both; and,
e) Require federal approval, federal financial participation,
and an appropriation in the Annual Budget Act for
implementation of KAFI.
1)Add an appropriation allowing this bill to take effect immediately
upon enactment.
AS PASSED BY THE ASSEMBLY , this bill expresses the intent of the
Legislature to enact
statutory changes relating to the 2011 Budget Act.
GOVERNOR'S VETO MESSAGE :
The bill would recreate, under a different name, the
same Adult Day Health Care (ADHC) program that was
eliminated as a Medi-Cal optional benefit through the
2011-12 Budget Act. While my Administration deeply
shares the goal of "Keeping Adults Free from
Institutions," creating a new ADHC look-alike program
at this juncture is unnecessary and untimely. It does
not address the immediate need to transition ADHC
beneficiaries to other home and community-based
services that can meet their needs, and would cause
confusion for both consumers and providers about when
an ill-defined "KAFI" program would be available.
In order to ensure that ADHC beneficiaries do not face
the risk of unnecessary institutionalization when the
benefit expires, my Administration is currently
working with adult day health centers, managed care
plans, and local community-based organizations to
ensure that needed medical services and home and
community-based services are available. Additionally,
in order to ensure that there is enough time for
transition to such services, the Department of Health
Care Services recently extended the ADHC benefit
through administrative action until December 1, 2011,
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with federal funding approval.
Given the importance of these transition efforts, I am
directing the Department of Health Care Services to
work with the Legislature, stakeholders, managed care
plans, and home and community-based services providers
to ensure that ADHC beneficiaries will have a smooth
transition to appropriate services, and those who are
most at risk of institutionalization have access to
services that will help them remain in the community.
Care in an integrated setting will be part of
Administration's plan to improve long-term care. To
the extent that adult day health care-type services
can become part of an integrated continuum of care, my
Administration will work to bring such providers into
the conversation on how these services can efficiently
and effectively delivered for the benefit of
consumers.
For this reason, I am signing Senate Bill 91, which
will allow adult day health centers to continue to
operate after the fee-for-service payments under
Medi-Cal expire. This will allow adult day health
centers to be considered a care option as part of an
integrated delivery system, or for consumers who wish
to access services apart from Medi-Cal.
Analysis Prepared by : Andrea Margolis / BUDGET / (916) 319-2099
FN: 0001740