BILL ANALYSIS                                                                                                                                                                                                    �






                             SENATE COMMITTEE ON HEALTH
                          Senator Ed Hernandez, O.D., Chair

          BILL NO:       AB 1223
          AUTHOR:        Committee on Veterans Affairs
          AMENDED:       August 24, 2011
          HEARING DATE:  June 20, 2012
          CONSULTANT:    Bain

           SUBJECT  : Medi-Cal: Public Assistance Reporting Information 
          System (PARIS).
           
            SUMMARY  : Makes the PARIS program, which requires the Department 
          of Health Care Services (DHCS) to identify veterans and their 
          dependents enrolled in Medi-Cal and assist them in obtaining 
          federal veteran health care benefits, a permanent statewide 
          program, and eliminates the requirement that the PARIS program 
          be implemented in three consenting counties on a pilot program 
          basis.

          Existing law:
          1.Requires DHCS, by July 1, 2009, to establish a two-year pilot 
            program to utilize the federal PARIS to identify veterans and 
            their dependents or survivors who are enrolled in the Medi-Cal 
            program and assist them in obtaining federal veteran health 
            care benefits.

          2.Requires DHCS to select three consenting counties that have in 
            operation a United States Department of Veterans Affairs 
            (USDVA) medical center to participate in the pilot program. 

          3.Requires DHCS to exchange information with PARIS and identify 
            veterans and their dependents or survivors who are receiving 
            Medi-Cal benefits in the pilot program counties.

          4.Requires DHCS to refer identified Medi-Cal beneficiaries who 
            are receiving high-cost services, including long-term care, to 
            county veteran service officers (CVSOs) to obtain information 
            and assistance in obtaining USDVA benefits.

          5.Requires DHCS, prior to commencement of the pilot program, to 
            do all of the following:
             a.   Enter into an agreement with the California Department 
               of Veterans Affairs (CDVA) to perform CVSO outreach 
               services in connection with the pilot program-requires the 
               CDVA agreement to contain performance standards that would 
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               allow DHCS to measure the effectiveness of the pilot 
               program;
             b.   Enter into any agreements that are required by the 
               federal government to utilize PARIS; and
             c.   Perform any information technology activities necessary 
               to utilize PARIS.

          6.Requires DHCS to monitor the two-year pilot program, evaluate 
            the outcomes and savings, and provide the legislative fiscal 
            committees with a report on its findings and recommendations. 
            Permits DHCS, if it determines that the PARIS pilot program is 
            cost-effective, to implement PARIS statewide at any time and 
            continue operation of the PARIS program indefinitely.

          7.Permits DHCS to implement, interpret, or make specific the 
            PARIS-related provisions by means of written directives 
            without taking further regulatory action under the 
            Administrative Procedure Act.

          8.Exempts contracts under the PARIS-related provisions from the 
            Public Contract Code and from provisions governing interagency 
            services and transactions. 
          
          This bill:
          1.Requires DHCS to utilize PARIS, eliminates the requirement 
            that the PARIS program be a two-year pilot program, and 
            eliminates the requirement that DHCS select three consenting 
            counties that have in operation a USDVA medical center to 
            participate in the program (thereby making the PARIS pilot a 
            permanent statewide program).

          2.Continues the existing PARIS-related statutory provisions, 
            except for DHCS authority to expand the PARIS program 
            statewide, and the requirement that DHCS monitor the two-year 
            PARIS pilot program, evaluate outcomes and savings, and report 
            to the Legislature. 

           FISCAL EFFECT  : According to the Assembly Appropriations 
          Committee:
          1.Additional administrative costs to DHCS and CDVA, likely in 
            the range of $300,000 (50 percent General Fund �GF]) to expand 
            the pilot project statewide. Activities would include 
            identification, outreach, and facilitation of enrollment of 
            veterans into the federal USDVA benefits. Costs would subside 
            in future years as fewer veterans are identified in the 
            Medi-Cal system.




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          2.Potentially significant cost savings to the Medi-Cal program. 
            According to the Legislative Analyst's Office (LAO), full 
            implementation of the PARIS match system and subsequent 
            enrollment of identified veterans in federal veterans' health 
            care benefits could save the state as much as $500 million 
            ($250 million GF) annually. The amount and timing of actual 
            cost savings will depend on how quickly the project is 
            implemented throughout the state. 

          3.DHCS has already implemented a pilot program that is expected 
            to have resulted in cost savings. Additional savings 
            specifically related to this bill will depend on the level of 
            cost savings the state is currently experiencing due to the 
            pilot program. 

           PRIOR VOTES  :  
          Assembly Veterans Affairs:9- 0
          Assembly Health:    18- 0
          Assembly Appropriations:17- 0
          Assembly Floor:     79- 0
          Senate Veterans Affairs:7- 0
           
          COMMENTS  :  
           1.Author's statement. An analysis conducted by the LAO in 2007 
            stated that implementing PARIS could save the state millions of 
            dollars annually in GF costs by shifting eligible veterans 
            enrolled in Medi-Cal to the USDVA health care system. According to 
            the LAO report, 144,000 veterans and dependents on Medi-Cal 
            coverage could be eligible for comprehensive medical care and 
            health services through the USDVA health care system. It is 
            estimated that connecting only 10 percent of these veterans will 
            save the state $25 million annually.

          2.DHCS report to the Legislature. PARIS was established through 
            the health budget trailer bill of 2008 (AB 1183 �Committee on 
            Budget], Chapter 758, Statutes of 2008) to improve the 
            identification of Medi-Cal beneficiaries who are veterans (or 
            dependents or survivors) and assist them in obtaining health 
            benefits provided by the USDVA. The rationale for conducting 
            this pilot program was two-fold: veterans may have access to 
            enhanced health benefits and greater asset protection by using 
            USDVA health benefits, and the state could achieve savings by 
            shifting veterans from Medi-Cal program to USDVA health 
            benefits. AB 1183 required DHCS to monitor the two-year pilot 




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            program, evaluate the outcomes and savings, and report its 
            findings and recommendations to legislative fiscal committees.

          In April 2012, DHCS issued a report to the Legislature on PARIS. 
            In its report, DHCS stated PARIS is an information-sharing 
            data match system operated by the federal Department of Health 
            and Human Services' Administration for Children and Families 
            (ACF), which allows state and federal agencies to verify 
            public assistance client circumstances affecting Medicaid 
            program eligibility. The PARIS-Veterans data match is one of 
            three different data matches operated by ACF, and it allows 
            states to compare their beneficiary information with the 
            USDVA. The premise of PARIS was to identify Medi-Cal 
            beneficiaries who have a veteran status and were subsequently 
            flagged and then evaluated for potential eligibility for USDVA 
            health benefits. CDVA, using CVSOs, conducted outreach 
            activities in the pilot counties to inform identified 
            beneficiaries of USDVA health benefits and in some cases, 
            assisted them in applying for such benefits. CSVOs indicate 
            that one of the disadvantages for veterans receiving skilled 
            nursing facility services through Medi-Cal is that DHCS can 
            recover long-term care costs from the beneficiary's estate, 
            whereas this does not occur in the USDVA health system. 
            However, veterans are also informed that there are 
            requirements on the use of USDVA benefits through the nearest 
            USDVA medical facility which may be some distance away from 
            the beneficiary's place of residence.

          The report stated the pilot project, in partnership with the 
            CDVA, began operations in July 2009. The pilot started with 
            three counties (Fresno, San Bernardino and San Diego) in the 
            first year, and over the course of the second year, the pilot 
            was expanded to seven additional counties (Alameda, Orange, 
            Sacramento, San Mateo, San Francisco, Santa Clara, and 
            Solano).

          DHCS' report indicated no additional funds were appropriated for 
            DHCS to conduct or evaluate the pilot program, and no funding 
            was provided to CDVA or CVSOs for their efforts related to the 
            pilot program. To implement the PARIS program, DHCS entered 
            into a memorandum of understanding (MOU) with CDVA. Under the 
            terms of the MOU, DHCS was responsible for administering PARIS 
            with the federal government, filtering match results, and 
            sending outreach referrals to CDVA. The MOU required CDVA to 
            select the pilot counties, receive outreach referrals from 
            DHCS, send referrals to CVSOs, and provide outcomes to DHCS.




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            DHCS submitted lists of Medi-Cal beneficiaries to USDVA for 
            health benefit verification on a quarterly basis. USDVA 
            returned lists of Medi-Cal beneficiaries receiving USDVA 
            benefits. DHCS examined the lists and individuals to determine 
            the potential for enrollment in USDVA health benefits. DHCS 
            focused on high-cost and/or long-term care beneficiaries 
            because they were the most likely to qualify for USDVA health 
            benefits based on their military service or the service of 
            immediate family members. DHCS sent CDVA referrals each 
            quarter for each CVSO in the pilot. Once CVSOs contacted the 
            veteran and performed the outreach services, CVSOs reported 
            back to DHCS the outcome of the referral (for example, the 
            veteran's eligibility status for USDVA benefits).

            During the two-year reporting period for the pilot, DHCS 
            identified 16,387 veterans who were also enrolled in Medi-Cal. 
            Of the positive data matches, DHCS focused on those 
            beneficiaries who may have had high Medi-Cal expenditures 
            (based on several criteria, including those with a 
            service-connected disability), those who could have veteran 
            benefits restored, and survivors who appeared eligible for the 
            Civilian Health and Medical Program of USDVA. This resulted in 
            3,933 referrals to CVSOs resulting in approximately 990 
            contacts, reaching 158 high-cost beneficiaries with both 
            Medi-Cal and USDVA health benefits coverage. Of the 158 
            beneficiaries, 117 came from San Bernardino, 24 from San 
            Diego, 10 from Fresno, 5 from Sacramento, and 0 from the other 
            6 counties. Of the 158 individuals, 24 discontinued their 
            Medi-Cal coverage and chose to continue health coverage 
            through USDVA.

            Based on the overall analysis of the pilot, DHCS' report 
            states it was able to accurately identify veterans who were 
            Medi-Cal beneficiaries and achieved modest success in 
            redirecting utilization to USDVA health benefits. The report 
            states this redirection resulted in $1.634 million in total 
            cost avoidance and savings for the Medi-Cal program over the 
            two years of the pilot program. DHCS incurred costs of 
            $150,000, for a net cost avoidance/savings of $1.484 million.

            In its recommendations, DHCS states the state can continue its 
            current path in redirecting limited resources to maintain the 
            level of effort put forth in the pilot. The state can also 
            consider directing more resources for the pilot, or consider 




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            additional or alternative measures to increase utilization of 
            USDVA benefits. By implementing one or more of the following 
            recommendations, DHCS could achieve additional Medi-Cal cost 
            reductions: 
              a.   Direct more dedicated resources to DHCS, CDVA, and CVSOs 
               to act upon referrals  . For the pilot, DHCS temporarily 
               redirected analytical staff to complete PARIS assignments 
               on an as-needed basis. Limitations on project management 
               were a constraint that did not allow for maximum success. 
               Follow-up on the 832 cases identified in the pilot as being 
               enrolled in Medi-Cal and also identified as a veteran would 
               likely identify additional individuals who may choose to 
               shift from Medi-Cal to USDVA benefits. Going forward, 
               dedicated staff resources for DHCS and CDVA to operate 
               PARIS statewide could be considered. DHCS' existing 
               workload does not permit redirection of staff to fully 
               support the functions necessary to operate PARIS to its 
               fullest potential with the same being true for CDVA. As the 
               lead agency for PARIS, DHCS indicates it could explore the 
               possibility of partnering with other assistance programs, 
               such as county General Relief. 
              b.   Initiate direct contact between DHCS and beneficiaries  . 
               DHCS could consider increasing its presence in the veteran 
               benefit enhancement efforts. For example, DHCS could post 
               information on its website to educate veterans enrolled in 
               Medi-Cal that they may qualify for USDVA health benefits. 
               The website would take the value proposition directly to 
               veterans and explain that using USDVA health benefits may 
               give them more benefits, save them money, improve their 
               care, protect their family's assets, and free up state 
               Medi-Cal benefits for needy non-veterans. DHCS is already 
               developing efforts to add information to their website. In 
               another direct approach, DHCS could send letters to 
               veterans and surviving veteran dependents receiving 
               Medi-Cal explaining USDVA health benefits and how to 
               enroll. 
             c.   Assist CVSOs to educate veteran Medi-Cal beneficiaries 
               of the advantages of USDVA health benefits over Medi-Cal  . 
               This education could include providing additional 
               opportunities of conveying this information as part of 
               other contacts with local veterans as well as looking at 
               opportunities for CDVA and CVSOs to include information on 
               health care options as part of informational materials that 
               may be provided to veterans.

            DHCS also reviewed best practices from other states in its 




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            report. One state of note was Pennsylvania, which participated 
            in PARIS since its inception. Pennsylvania estimated 
            annualized cost avoidance/savings of approximately $27.8 
            million from a period covering nine quarters. Pennsylvania 
            worked 40,769 cases, resulting in reducing 4,448 cases from 
            its Medicaid program.

          3.LAO. In 2007, as part of its analysis of Governor 
            Schwarzenegger's proposed budget, the LAO wrote an analysis of 
            PARIS and recommended its implementation. The LAO stated a 
            2005 survey performed by the U.S. Census Bureau indicates that 
            approximately 144,000 veterans in California received Medi-Cal 
            benefits. According to the LAO, the ability to identify 
            veterans enrolled in Medi-Cal using PARIS would allow DHCS to 
            work with CVSOs to promote a voluntary shift of veterans from 
            Medi-Cal to the USDVA system of health care. The LAO states if 
            all of the 144,000 veterans currently enrolled in Medi-Cal 
            shifted to USDVA health care, the LAO estimates a savings to 
            the Medi-Cal Program of about $250 million from the GF. 
            However, the LAO believes it is more likely that there would 
            be a more gradual shift. If 10 percent of veterans switched 
            from Medi-Cal to USDVA health care, the estimated savings 
            would be approximately $25 million. 

          The LAO also estimates savings of $6 million ($3 million GF) 
            from eliminating unnecessary payments to Medi-Cal managed care 
            plans for those beneficiaries who have moved out of state. The 
            LAO also estimates additional savings of $7 million ($4 
            million GF) by identifying duplicate public program payments 
            made through the CalWORKs and Food Stamps programs. 

          4.Governor's 2012-13 proposed budget. The Governor's May budget 
            estimates savings on a cash basis from PARIS of $742,000 
            ($371,000 GF) in 2012-13. This assumes 80 veterans will 
            discontinue their Medi-Cal benefits in 2012-13, of which 33 
            will be managed care and 47 will be fee-for-service.

          5.Double referral. This bill was heard in the Senate Veterans 
            Affairs Committee on April 11, 2012, and passed on consent 
            with a 7-0 vote.
          
          6.Related legislation. AB 1869 (John A. P�rez) would require the 
            Office of Patient Advocate, commencing January 1, 2013, to 
            provide information and assistance about federal veterans' 
            health benefits. AB 1869 is set for hearing on June 20, 2012 




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            in this Committee.
          
          7.Prior legislation. AB 1568 (Committee on Veterans Affairs) 
            from 2009 would have made PARIS a permanent, statewide 
            program. AB 1568 was gutted and amended and used for a 
            different subject matter.
            
            AB 3082 (Veterans Affairs Committee) of 2008 would have 
            required any state or public assistance agency using PARIS to 
            identify veterans enrolled in the Medi-Cal program for the 
            purpose of assisting them in obtaining federal health care 
            benefits. Additionally, the measure required CDVA to develop a 
            plan for disseminating data-match information to CVSOs. AB 
            3082 was held on the Senate Appropriations Suspense File. 

            AB 1183 (Assembly Budget Committee), Chapter 758, Statutes of 
            2008, established the current PARIS pilot program. 

          8.Support.  Several organizations representing veterans, 
            including the American Legion, California State Commanders 
            Veterans Council, and the Vietnam Veterans of America write in 
            support of this bill, arguing the pilot program has proved 
            successful and should be implemented statewide to identify and 
            assist California veterans in obtaining federal benefits for 
            which they are eligible.

           SUPPORT AND OPPOSITION  :
          Support:  American Legion - Department of California
                    AMVETS-Department of California
                    California Association of County Veterans Service 
                    Officers
                    California State Commanders Veterans Council
                    Vietnam Veterans of America-California State Council

          Oppose:   None received.

                                      -- END --