BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1785
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          Date of Hearing:   April 18, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

           AB 1785 (Bonnie Lowenthal) - As Introduced:  February 21, 2012 

          Policy Committee:                              HealthVote:17-0

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              No

           SUMMARY  

          This bill adds marriage and family therapists (MFTs) to the list 
          of health care professionals whose services are reimbursed 
          through Medi-Cal on a per-visit basis to federally qualified 
          health centers (FQHC) or rural health clinics (RHCs). 

           FISCAL EFFECT  

          Assuming a 10% increase in the number of mental health visits 
          reimbursed by Medi-Cal for those currently eligible, costs would 
          be in the range of $3 million (50% GF, 50% federal funds).  The 
          impact of this bill is somewhat blunted by another provision of 
          law that prevents clinics from receiving reimbursement for both 
          a mental health visit and a physical health visit in the same 
          day.

           COMMENTS  

           1)Rationale . According to the author, Medi-Cal reimbursement for 
            MFTs will allow clinics to see more low-income patients in 
            need of mental health services. The author states that under 
            existing law, psychologists and licensed clinical social 
            workers (LCSWs) are employed by RHCs and FQHCs to provide 
            mental health services, and receive reimbursement through 
            Medi-Cal for that care.  However, the author points out that 
            while a RHC or FQHC can employ an MFT, the lack of 
            reimbursement for the care provided to Medi-Cal patients acts 
            as a disincentive for hiring.

           2)Clinic Reimbursement  . Because of their unique role in 
            providing health care to underserved communities and the 
            uninsured, policymakers have historically attempted to ensure 








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            that community clinics remain financially viable.  Federal law 
            requires federally funded health programs, including Medicaid 
            and Children's Health Insurance Program (CHIP), to pay clinics 
            using a special reimbursement structure commonly called a 
            prospective payment system (PPS).  The PPS rate is a 
            calculated per-visit payment for FQHC/RHC services that is 
            equal to the reasonable cost of such services documented for a 
            baseline period, with certain adjustments. The PPS rate is 
            determined separately for each individual FQHC or RHC, and is 
            adjusted by a growth rate to account for inflation.  In 
            addition, clinics can request a recalculation of their PPS 
            rates based on a change in their scope of services.  All 
            clinics must provide at least a defined scope of primary care 
            and mental health services, but may provide additional 
            services as well.

           3)Costs for MFT Services May Already Be Reflected in Base PPS 
            Rate  .  Under current state law, an FQHC or RHC "visit" means a 
            face-to-face encounter between a patient and certain type of 
            health care provider defined in state law. A visit must be 
            documented in order for a clinic to be reimbursed.   According 
            to DHCS, for clinics that provide MFTs within their approved 
            scope of service, MFT services are included in the 
            all-inclusive calculation of the PPS rate, but are not 
            separately billable.  

            For example, a patient could visit a clinic to receive a 
            medical check-up and be referred directly to an MFT employed 
            by the clinic for mental health services.   According to DHCS, 
            MFT services rendered are reflected in the baseline PPS 
            cost-based rate as long as they are within the approved clinic 
            scope of service.  At this time, however, a facility could not 
            receive reimbursement for an MFT visit without receiving other 
            services. This bill would allow such reimbursement.  

           4)One-Visit Rule  .  Under current law, clinics are limited to 
            reimbursement for one visit per day unless the second visit is 
            dental-related.  This so-called "one-visit rule" has caused 
            difficulty in integrating behavioral with physical health 
            services at clinics, since clinics are either forced to absorb 
            the cost of a mental health visit or direct a patient to 
            return the next day, which often results in missed 
            appointments and lack of care. The one-visit rule is often 
            cited as the most significant reason that clinics have 
            difficulty increasing access to mental health services.








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           5)Related Budget Proposal  . DHCS has proposed to seek federal 
            approval for a different payment methodology for clinics 
            beginning in 2012-13.  Instead of paying clinics per-visit PPS 
            rates, the department proposes to integrate all FQHC/RHC costs 
            into managed care capitated rates. Under this proposal, 
            payments made to FQHCs and RHCs would be in the form of a 
            capitated payment to provide a broad range of services for 
            Medi-Cal managed care beneficiaries who have selected or been 
            assigned to their clinic. The department maintains that the 
            increased flexibility gained by this new methodology will 
            incentivize quality health care rather than volume, and also 
            proposes to reduce FQHC/RHC payments by 10% based on 
            projections of improved efficiency.  The Senate Budget 
            Subcommittee #3 heard and rejected this proposal on March 22, 
            2012; the Assembly Budget Subcommittee #1 has not yet 
            considered this issue.

           6)Previous Legislation  . AB 1445 (Chesbro) of 2009 would have 
            allowed FQHCs and RHCs to be reimbursed by Medi-Cal for 
            multiple visits by a patient with a single or different health 
            care professional on the same day at a single location, when a 
            patient has an appointment with a mental health professional 
            or has contracted an illness or been injured and requires 
            additional treatment.  AB 1445 was held on the Suspense file 
            in the Senate Appropriations Committee.

            SB 260 (Steinberg) of 2007 was similar to AB 1445 and was 
            vetoed by Governor Schwarzenegger on budgetary concerns. 

           Analysis Prepared by  :    Lisa Murawski / APPR. / (916) 319-2081