BILL ANALYSIS                                                                                                                                                                                                    �



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          ASSEMBLY THIRD READING
          AB 2266 (Mitchell)
          As Amended May 25, 2012
          Majority vote 

           HEALTH              14-5        APPROPRIATIONS      12-5        
           
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          |Ayes:|Monning, Ammiano, Atkins, |Ayes:|Fuentes, Blumenfield,     |
          |     |Bonilla, Eng, Gordon,     |     |Bradford, Charles         |
          |     |Hayashi,                  |     |Calderon, Campos, Davis,  |
          |     |Roger Hern�ndez, Bonnie   |     |Gatto, Ammiano, Hill,     |
          |     |Lowenthal, Mitchell,      |     |Lara, Mitchell, Solorio   |
          |     |Nestande, Pan,            |     |                          |
          |     |V. Manuel P�rez, Williams |     |                          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Logue, Garrick, Mansoor,  |Nays:|Harkey, Donnelly,         |
          |     |Silva, Smyth              |     |Nielsen, Norby, Wagner    |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Requires the Department of Health Care Services (DHCS) 
          to establish a program to provide enhanced health home (EHH) 
          services, as defined, to persons at high risk of avoidable and 
          frequent hospital use of hospital services due to chronic health 
          and behavioral health conditions.  Specifically,  this bill  :  

          1)Defines "eligible individual" to mean an individual identified 
            by DHCS as experiencing two or more of the following:  a 
            mental health disorder, a chronic or life-threatening medical 
            condition identified by DHCS as prevalent among frequent 
            hospital users; a substance abuse or substance dependence 
            disorder; or, significant cognitive impairments, as specified, 
            and who has at least two specified risk indicators. 

          2)Defines EHH to mean a designated provider, such as a 
            physician, clinical practice or clinical group practice, rural 
            health clinic, community health center, community mental 
            health center, home health agency, or any other entity or 
            provider, operating, or proposing to operate, with a care 
            coordination team of specified health care professionals, 
            that, among other things, elects to participate in the 
            program; meets the criteria described in federal guidelines; 
            and, offers services in a range of settings, including the 








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            eligible individual's home.  

          3)Defines EHH services as individualized case management and a 
            list of multidisciplinary services and supports that must be 
            provided to eligible individuals in the program in order to 
            decrease hospitalizations and crisis episodes, reduce medical 
            risks, and increase functioning to achieve and maintain 
            rehabilitative, resiliency, and recovery goals.  

          4)Requires DHCS, no later than January 1, 2014, to do all of the 
            following:

             a)   Design, with opportunity for public comment, a program 
               to provide EHH services to persons at high risk of 
               avoidable and frequent use of hospital services due to 
               complex co-occurring health and behavioral health 
               conditions.  Requires the program to be designed to reduce 
               a participating individual's avoidable use of hospitals 
               when more effective care and social services can be 
               provided in less costly settings; 

             b)   Select designated providers who are operating with a 
               team of health care professionals, as defined, to implement 
               the program in using a request for proposals process, as 
               specified; and,

             c)   Submit a request for a Medi-Cal State Plan Amendment 
               (SPA) pursuant to the Health Homes for Enrollees with 
               Chronic Conditions Medicaid option (Health Homes option) 
               enacted in the federal Patient Protection and Affordable 
               Care Act (ACA).

          5)Requires the program established by this bill to serve 
            Medi-Cal beneficiaries; newly enrolled Medi-Cal beneficiaries 
            upon implementation of Medicaid expansion under the ACA; and, 
            enrollees in counties with Low Income Health Programs, 
            established through California's 2010 Section 1115(a) Medicaid 
            "Bridge to Reform" Waiver, as specified.  

          6)Requires DHCS to select designated providers operating with a 
            team of health care professionals that has a community clinic, 
            a specified mental health services provider, or a hospital, as 
            its designated lead provider and that meets several specified 
            criteria, including  demonstrated experience working with 








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            frequent hospital users and the chronically homeless; the 
            capacity and administrative infrastructure to participate in 
            the program and meet federal guidelines; documented ability to 
            provide or link clients with appropriate community-based 
            services, as specified; current partnership with essential 
            community hospitals; and, a viable plan for outreach, data 
            collection, the identification of funding sources, including 
            for the nonfederal share of costs to sustain the program as 
            specified. 

          7)Requires the services provided by the program to include 
            comprehensive and individualized case management, connection 
            to medical, mental health and substance abuse services, 
            community and social support services and referral to other 
            community and social services, as specified. 

          8)Authorizes DHCS to designate providers working under a managed 
            are contract or on a fee-for-service basis and allows DHCS to 
            develop a per-member per-month payment mechanism. 

          9)Clarifies that identifying sources of nonfederal funds may 
            include a plan to partner with health plans, hospitals, 
            counties, or private funders.

          10)Prohibits this bill from being construed to limit DHCS in 
            targeting additional populations or creating additional 
            programs under the Health Homes option.

          11)Directs, conditioned on federal matching funds, DHCS to 
            evaluate the program, using only nonstate public or private 
            funds, within 18 months after designated providers have been 
            selected and to submit the evaluation to the Legislature.

          12)Makes implementation of this bill conditional on the 
            availability of nonstate public funds or private funds to 
            fully fund the first eight quarters and thereafter.  
            Authorizes DHCS to use state funds after the first eight 
            quarters if there is a finding that costs avoided by 
            participants is adequate to fund program costs and authorizes 
            DHCS to terminate or revise the program if it fails to result 
            in improved health outcomes or to decrease Medi-Cal costs as 
            specified.

          13)Authorizes DHCS to implement this program by means of 








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            provider bulletins or other similar instructions in lieu of 
            regulations.

           FISCAL EFFECT  :  According to the Assembly Appropriations 
          Committee:

          1)This bill specifies that funding sources for the nonfederal 
            share of health home services costs for the first eight months 
            must be identified by participating providers, and requires 
            the continued provision of these services to be cost-neutral 
            to the state after eight months. 

          2)Direct costs to DHCS include: 

             a)   Program development.  One-time administrative costs to 
               DHCS in the hundreds of thousands of dollars or more, 
               depending upon the ultimate size and scope of the program.  
               DHCS has applied for and received a total of $1 million for 
               planning (50% federal, 50% matching funds from The 
               California Endowment).  

             b)   Program administration.  This annual cost could be up to 
               the low millions of dollars, depending on the scope of the 
               program, the number and type of providers, and other 
               factors.  

             c)   Evaluation.  DHCS indicates evaluations for similar 
               projects generally cost upwards of $1 million.  

          3)This bill specifies it is only to be implemented if nonstate 
            public or private funds are available to fully fund the 
            creation, implementation, administration, and evaluation 
            costs.   Thus, the impact to the General Fund is projected to 
            be minimal.

          4)Limited DHCS Resources.  This project will compete with other 
            projects for limited administrative resources for developing 
            and implementing health home pilots

          5)Savings.  Significant medical cost savings may be possible. 
            Similar projects targeting frequent hospital users have 
            demonstrated dramatic reductions in costs over a two-year 
            period.  However, cost savings may also be realized by other 
            Health Home options DHCS is already considering.








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          6)Societal Benefit.  Enhanced services to stabilize high-needs, 
            high-cost Medi-Cal beneficiaries could have positive spillover 
            effects in local communities through reduced demand on social, 
            public health, and public safety services.

           COMMENTS  :  The author states that frequent hospital users who 
          are homeless often have chronic medical, mental health or 
          substance abuse conditions and face significant barriers to 
          accessing regular or preventive care and complying with 
          treatment.  The author points out that, without a home, these 
          individuals cannot improve their health outcomes or reduce their 
          costly use of acute care services, lack a place to store 
          medications, and are unable to maintain appropriate hygiene, 
          adhere to a healthy diet, and properly recover from illness.  
          According to the author, this bill will require California to 
          access federal funding for the provision of EHH services to this 
          population by taking advantage of the health homes option 
          available under the ACA, which provides states with 90% federal 
          money for two years to deliver such wraparound services as 
          intensive case management and care coordination.  The author 
          adds that this bill also provides options for ongoing funding if 
          these EHH services demonstrate decreased costs.  

          In November 2010, the federal Centers for Medicare and Medicaid 
          Services (CMS) issued preliminary guidance to states describing 
          the requirements, choices, funding opportunities, and 
          expectations for successful implementation of the health home 
          provision of the ACA.  To encourage states to adopt the health 
          home option, the ACA authorized a temporary, two-year 90% 
          federal match rate for specified health home services.  To be 
          eligible for health home services, Medi-Cal beneficiaries must 
          have at least two specified chronic conditions; one chronic 
          condition and be at risk for another; or, one serious and 
          persistent mental health condition.  States are allowed to 
          target health home services to those with particular chronic 
          conditions or those with higher numbers or severity of chronic 
          or mental health conditions.   

          To support state planning activities, CMS authorized state 
          applicants to spend up to $500,000 of Medicaid funding for the 
          development of a health home SPA.  DHCS reports that it applied 
          for and received these planning grant funds and is currently in 
          the process of completing assessments of health home state plan 








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          options, including modeling health homes in Medi-Cal managed 
          care organizations.  CMS guidance allows states to offer a 
          variety of provider arrangements to implement the health home 
          option and authorizes beneficiaries to choose among those 
          options.  The approach in this bill requires DHCS to initiate a 
          request for proposals process to designate specific providers.  
           

          Analysis Prepared by  :    Cassie Royce /Marjorie Swartz/ HEALTH / 
          (916) 319-2097 


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