BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



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          |SENATE RULES COMMITTEE            |                  AB 1489|
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                                 THIRD READING


          Bill No:  AB 1489
          Author:   Assembly Budget Committee
          Amended:  8/31/12 in Senate
          Vote:     21

           
          PRIOR VOTES NOT RELEVANT


           SUBJECT  :    Budget Trailer Bill:  Medi-Cal

           SOURCE  :     Author


           DIGEST  :    This bill contains necessary statutory changes 
          to implement the Budget Act of 2012 for the Department of 
          Health Care Services (DHCS) and the Healthy Families 
          Program.  This bill reauthorizes (1) the gross premiums tax 
          on Health Plans participating in the Medi-Cal Managed Care 
          Program and (2) the nursing home quality assurance fee; 
          implement nursing home rate adjustments; increases 
          oversight of referrals to community-based services by 
          nursing facilities; and creates a performance-based 
          incentive program for children-only Medi-Cal cases.

           ANALYSIS  :    This bill:

          1.  Reauthorizes Nursing Home Quality Assurance Fee  .  
             Reauthorizes the quality assurance fee (QAF) on skilled 
             nursing facilities (SNFs) (known as the "AB 1629 QAF").  
             This bill extends the sunset date by two years to July 
             31, 2015 for the AB 1629 QAF and the rate-setting 
             methodology. If this fee were to sunset, it places over 
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             $500 million General Fund support at risk, as use of the 
             QAF has enabled California to provide reimbursement 
             increases to certain nursing homes with no added General 
             Fund support.

          2.  Implements Nursing Home Rate Adjustments   

             A.    Repeals a two percent rate increase for 2012-13, 
                for $33 million General Fund savings.

             B.    Defers payment of the Quality and Accountability 
                Supplemental Payment System (QASP) for one year and 
                transfers the one percent of the AB 1629 facilities 
                reimbursement set-aside for QASP to the General 
                Fund.  For General Savings of $37.4 million.

             C.    Keeps the savings from capping the professional 
                liability insurance (PLI) at the 75th percentile in 
                the General Fund instead of transferring it to the 
                Skilled Nursing Quality and Accountability Special 
                Fund.  For General Fund savings of $4.25 million 
                General Fund.

             D.    Provides for a 3 percent increase in the 
                weighted average Medi-Cal reimbursement rate for 
                SNFs in 2013-14 and 2014-15.

             E.    Authorizes DHCS to identify alternative payment 
                methodologies for the QASP, such as including the 
                supplemental payment in the rate. Such alternative 
                payment methodologies may not be implemented 
                without subsequent statutory changes.

          3.  Increases Oversight of Referral to Community-Based 
             Services by Nursing Home Staff (Section Q of MDS)  .  This 
             bill requires the DHCS and the Department of Public 
             Health (DPH) to provide the Legislature with an analysis 
             of nursing facility referrals of residents to local 
             agencies for community-based services. Under Section Q 
             of MDS 3.0, nursing facilities must ask residents if 
             they are "interested in learning about the possibility 
             of returning to the community." If a resident indicates 
             "yes," a facility is required to make the appropriate 
             referrals to state designated local contact agency.







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          4.  Requires Stakeholder Participation in Development of 
             Nursing Facility Quality Improvement Program  .  This bill 
             requires DPH and the DHCS to regularly (and at least 
             quarterly) meet with stakeholders to plan for and 
             implement the skilled nursing facility quality 
             improvement program. 

          5.  Reauthorizes the Gross Premiums Tax on Managed Care 
             Plans  .  Extends the sunset on the gross premiums tax on 
             managed care plans, from 
          July 1, 2012, to July 1, 2014, for the purpose of raising 
             additional revenue for children's health insurance.  
             This managed care organization tax, created through AB 
             1422 (Bass, Statutes of 2009), is projected to produce 
             $183 million in revenue in 2012-13.  These revenues will 
             be matched with federal funds and used to: 

             A.    Provide a reimbursement rate increase to 
                Medi-Cal Managed Care Plans.

             B.    Fund children's health care coverage through the 
                Healthy Families Program in 2012-13 and the Healthy 
                Families Program and Medi-Cal in 2013-14.

          6.  Creates Performance-Based Incentive Payment Program For 
             Medi-Cal Managed Care Plans  .  Specifies that, beginning 
             January 1, 2013, 
          $15 million from the gross premiums tax on managed care 
             plans (which can be used to draw down an additional $15 
             million in federal funds) shall be used to create a 
             performance-based incentive payment program by the DHCS. 
              Payments under this program shall be determined based 
             on Medi-Cal managed care plans performance on child-only 
             Health Care Effectiveness Data and Information Set 
             measures for all children enrolled in the plan under 
             Medi-Cal.  Of the $15 million from the gross premium tax 
             revenue, $11 million shall be allocated to two-plan 
             model counties, $3 million shall be allocated to county 
             organized health system counties, and $1 million shall 
             be allocated to geographic managed care.

           FISCAL EFFECT  :    Appropriation:  Yes   Fiscal Com.:  Yes   
          Local:  Yes







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          DLW:k  8/31/12   Senate Floor Analyses 

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