BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2002
                                                                  Page  1

          Date of Hearing:   May 16, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   AB 2002 (Cedillo) - As Amended:  April 30, 2012 

          Policy Committee:                               HealthVote:16-0

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

           SUMMARY  

          This bill defines "safety net provider" for the purpose of 
          determining which Medi-Cal managed care (MCMC) plan a 
          beneficiary will be assigned to if they do not choose a plan.  
          Specifically, this appends bill the following to the current 
          definition used by the Department of Health Care Services (DHCS) 
          of safety net provider:  

          1)A medical group, independent practice association (IPA), 
            physician office, or clinic with more than 10 physicians that 
            has a Medi-Cal or medically indigent encounter rate of at 
            least 50% of total patients served in a calendar year, based 
            on claims or encounter data.

          2)A medical practice of 10 or fewer physicians in which at least 
            30% of the patients served in a calendar year are enrolled in 
            Medi-Cal.

           FISCAL EFFECT  

          1)One-time costs in the range of $50,000 (50% GF, 50% federal 
            funds) to DHCS to establish criteria and an application, issue 
            regulations, and communicate the new definition of safety net 
            provider.  

          2)Ongoing costs to DHCS potentially exceeding $200,000 (50% GF, 
            50% federal) to modify the definition of safety net provider 
            for purposes of the auto-assignment program. Workload would 
            include tracking, verifying, providing technical assistance, 
            and auditing data submitted by providers and provider groups 
            in order to establish designation as a safety net provider, as 
            well as collecting and validating data on contractual 








                                                                  AB 2002
                                                                  Page  2

            arrangements between plans and newly designated safety net 
            providers.  Costs could be more or less depending on the 
            number of providers who applied.  New IT infrastructure could 
            reduce ongoing costs, but would require an up-front 
            investment.

          3)Uncertain costs or cost savings associated with changes in 
            default plan assignment, depending upon whether the plan that 
            gains default enrollment through this bill is more 
            cost-efficient than alternative plans.  Managed care rates 
            reflect the risk of the population, so increased costs should 
            only emerge over the longer term if a plan that gains default 
            enrollment under this new definition manages this risk less 
            efficiently than the alternative plan.
           
          COMMENTS  

           1)Rationale  . According to the author, this bill would help 
            create a level playing field for all primary care providers in 
            the Medi-Cal program by adding two additional categories of 
            providers, based on patient encounter data, to the definition 
            of safety net provider.   The author asserts there are private 
            providers who are committed to the Medi-Cal population, and 
            that the current system encourages plans to contract with 
            "traditional" safety net providers over private providers.  

           2)Auto-Assignment  . If a Medi-Cal eligible person is required to 
            enroll in MCMC and does not choose a plan, they are assigned 
            by default according to a formula developed by DHCS.  
            According to DHCS, the department first implemented the 
            performance-based Auto Assignment Incentive Program in 
            December 2005. This program rewards better-performing plans 
            with a greater percentage of assigned mandatory enrollees 
            (those who do not choose a plan) based on an assessment of 
            comparative plan performance on eight performance measures. 
            Six measures are Healthcare Effectiveness Data and Information 
            Set (HEDIS) measures related to the quality, access and 
            timeliness of care provided by plans to Medi-Cal managed care 
            plan members. The other two measures relate to plans' 
            continued commitment to safety net providers in their 
            contracted networks. Safety net providers are currently 
            defined as federally qualified health centers, Rural Health 
            Centers, Indian or Tribal Clinics, non-profit community or 
            free clinic licenses by state as primary care clinic, or 
            clinics affiliated with disproportionate share hospital 








                                                                  AB 2002
                                                                  Page  3

            facilities.

            DHCS convenes a stakeholder workgroup every year consisting of 
            plan representatives, advocates, and DHCS staff to review 
            prior-year results and recommend changes or additions to the 
            performance measures included in the auto-assignment 
            algorithm.  

           3)Budget Proposal: Adding Cost as a Factor into Auto-Assignment 
            Algorithm  . In fiscal year (FY) 2012-13, the administration 
            proposes considering health plan cost in addition to quality 
            of care and safety net population factors, for purposes of 
            default assignment.  Savings would be recognized by rewarding 
            plans with lower costs with additional default enrollment, for 
            a total of $2.4 million GF in FY 2012-13 and $5.8 million in 
            FY 2013-14.  DHCS believes this change can be implemented 
            administratively.  This bill would not appear to preclude this 
            budget savings option, but could change the amount of savings 
            by an unknown amount.

           4)Support  .  Molina Healthcare of California, the sponsor of this 
            bill, states this bill creates a fair definition of safety net 
            provider for the purposes of the MCMC default assignment 
            algorithm.  According to Molina and other supporters, the 
            current definition fails to recognize private providers who 
            make a significant contribution to the safety net.  These 
            supporters assert this bill would reward those providers who 
            have made an important investment in this program as we move 
            forward toward federal health care reform.

           5)Opposition  . This bill is opposed by a wide coalition of safety 
            net providers, including community clinics and public 
            hospitals, as well as local (public) Medi-Cal managed care 
            plans. SEIU also opposes this bill, indicating it will reduce 
            the viability of county hospitals. 


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