BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



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          |SENATE RULES COMMITTEE            |                  AB 2266|
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                                 THIRD READING


          Bill No:  AB 2266
          Author:   Mitchell (D), et al.
          Amended:  8/24/12 in Senate
          Vote:     21

           
           SENATE HEALTH COMMITTEE  :  7-2, 6/20/12
          AYES:  Hernandez, Alquist, Blakeslee, De Le�n, DeSaulnier, 
            Rubio, Wolk
          NOES:  Harman, Anderson

           SENATE APPROPRIATIONS COMMITTEE  :  5-2, 8/16/12
          AYES:  Kehoe, Alquist, Lieu, Price, Steinberg
          NOES:  Walters, Dutton

           ASSEMBLY FLOOR  :  53-25, 5/30/12 - See last page for vote


           SUBJECT  :    Medi-Cal:  Enhanced Health Homes for Frequent 
          Hospital    Users with Chronic Conditions

           SOURCE  :     Author


           DIGEST  :    This bill requires the Department of Health Care 
          Services (DHCS) to establish a program to provide specified 
          health home services, with the intent of reducing avoidable 
          hospitalization or use of emergency medical services.

           Senate Floor Amendments  of 8/24/12 narrow the scope of the 
          bill to address concerns expressed by DHCS.

           ANALYSIS  :    
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          Existing law:

          1. Establishes the Medi-Cal program, administered by DHCS, 
             under which qualified low-income individuals receive 
             health care services. 

          2. Authorizes, under the federal Patient Protection and 
             Affordable Care Act (ACA) (Public Law 111-148), as 
             amended by the Health Care Education and Reconciliation 
             Act of 2010 (Public Law 111-152), states to offer health 
             home services, as defined, to eligible individuals with 
             chronic conditions who select a designated provider, a 
             team of health care professionals operating with such a 
             provider, or a health team as the individual's health 
             home for purpose of providing the individual with health 
             home services.

          3. Provides, under the ACA, 90% federal matching funds for 
             the first eight quarters the health home option is in 
             effect. Thereafter, the state's regular federal matching 
             rate would be in effect (typically 50% in California).
          
          This bill requires DHCS to develop and implement a health 
          home program.  Specifically, this bill:

          1. Requires that DHCS design a health home program and 
             designate eligible providers.

          2. Requires that DHCS submit a state plan amendment to the 
             federal government.

          3. Defines the population eligible for health homes, based 
             on specified diagnoses (including mental health 
             disorders, substance abuse, chronic or life-threatening 
             conditions, and cognitive impairments) and indications 
             of severity (including frequent hospitalization, 
             excessing use of emergency services, chronic 
             homelessness, and others).

          4. Authorizes DHCS to limit the program to certain 
             geographic areas and to use both managed care and 
             fee-for-service models.


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          5. Specifies the types of services that must be provided.

          6. Requires that the lead provider be either a community 
             clinic, a provider of mental health services, or a 
             hospital.

          7. Requires that DHCS prepare a program evaluation, using 
             non-state public funds, private funds, and federal 
             matching funds.

          8. Requires that the bill only be implemented to the extent 
             federal matching funds are available.

          9. Requires that for the first eight quarters, the program 
             be funded only with non-state public funds or private 
             funds.

          10.A requirement that DHCS continue implementation of the 
             program after the initial eight quarters if it finds 
             that the program results in avoided costs to Medi-Cal 
             sufficient to offset program costs.

          11.Modifies the definition of "health home" to specify that 
             a provider or a team of providers designated by DHCS 
             that satisfies all of the following requirements:

             A.    Offers a whole person approach, such as including, 
                but not limited to coordinating health home services 
                and linkages to other available services for the 
                needs affecting the health of an eligible individual.

             B.    Offers services in a range of settings, as 
                appropriate, to meet the needs of an eligible 
                individual for health home services.

          12.Permits health home partners to include, but are not 
             limited to, a health plan, community clinic, a mental 
             health plan, a hospital, physicians, a clinical practice 
             or clinical group practice, rural health clinic, 
             community health center, community mental health center, 
             home health agency, nurse practitioners, social workers, 
             and paraprofessionals.

          13.Permits DHCS, for purposes of serving eligible 

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             individuals, to require that a lead provider be a 
             community clinic, a mental health plan, or a hospital.

          14.Permits the DHCS payment methodology for the health home 
             program to include tiered payment rates that taken into 
             account the intensity of services necessary to perform 
             outreach to, engage, and serve the populations DHCS 
             identifies.

          15.Permits DHCS to submit applications and operate, to the 
             extent permitted by federal law and to the extent 
             federal approval is obtained, more than one health home 
             program for distinct populations, different providers or 
             contractors, or multiple geographic areas. 

          16.Permits DHCS to create one or more health home programs 
             for children or adults, and in consultation with 
             stakeholders, to develop the geography, beneficiary 
             eligibility criteria, and provider eligibility criteria 
             for each program.

          17.Requires the health home program identified in this bill 
             to include, but not be limited to, an eligible 
             individual who meets the following criteria:

             A.    Current diagnoses of chronic co-occurring physical 
                health and mental health or substance use disorders 
                prevalent among frequent hospital users at an acuity 
                level to be determined by the DHCS; and one or more 
                of the following indicators of severity, at an level 
                to be determined by DHCS:

                (1)      Frequent inpatient hospital admissions, 
                   including long-term hospitalization for medical, 
                   psychiatric, or substance abuse related 
                   conditions;

                (2)      Excessive use of crisis or emergency 
                   services or inpatient hospital care, or

                (3)      Chronic homelessness.

          18.Requires DHCS to design program elements specific to the 
             populations listed above after consultation with 

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             stakeholder groups who have expertise in engagement and 
             services for the specified populations.

          19.Revises the criteria health home providers must meet in 
             order to be selected as a health home provider, and 
             permits DHCS to design additional provider criteria in 
             addition to those specified in the bill after 
             consultation with stakeholder groups with expertise in 
             engagement and services for individuals who meet the 
             eligibility criteria for health home services.

          20.Requires DHCS to design a health home program with 
             specific elements to engage and serve the populations 
             eligible and this bill, and requires these populations 
             to be a specific focus for health home program outreach 
             and enrollment.

          21.Permits the use of General Fund (GF) funding to fund 
             program costs if DHCS determines implementation of the 
             health home program has not resulted in a net increase 
             in ongoing state GF costs.

          22.Permits DHCS to enter into exclusive or nonexclusive 
             contracts on a bid or negotiated basis to amend existing 
             managed care contracts.
           
          Background

          Federal law and guidance on State Option to Provide Health 
          Homes for Enrollees with Chronic Conditions  .  Section 2703 
          of the ACA allows states to elect the Health Home option in 
          their Medicaid program and receive a 90 percent federal 
          matching rate for two years for these services.  Federal 
          law defines the individuals eligible for health home 
          services as individuals meeting one of the following:  (1) 
          having at least two chronic conditions, (2) having one 
          chronic condition and are at risk of having a second 
          chronic condition, or (3) having one serious and persistent 
          mental health condition. 

          Federal law defines "health home services" as services 
          provided by a designated provider, a team of health care 
          professionals operating with such a provider, or a health 
          team that provides:

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           Comprehensive care management;

           Care coordination and health promotion;

           Comprehensive transitional care, including appropriate 
            follow-up, from inpatient to other settings;

           Patient and family support (including authorized 
            representatives);

           Referral to community and social support services, if 
            relevant; and

           Use of health information technology to link services, as 
            feasible and appropriate.

          In preliminary guidance provided to State Medicaid 
          Directors in November 2010, CMS stated that this ACA 
          provision is an important opportunity for states to address 
          and receive additional federal support for the enhanced 
          integration and coordination of primary, acute, behavioral 
          health (mental health and substance use), and long-term 
          services and supports for persons across the lifespan with 
          chronic illness.  CMS stated that the health home provision 
          provides an opportunity to build a person-centered system 
          of care that achieves improved outcomes for beneficiaries 
          and better services and value for Medicaid programs.  CMS 
          indicated it expects that use of the health home service 
          delivery model will result in lower rates of emergency 
          department (ED) use, reduction in hospital admissions and 
          re-admissions, reduction in health care costs, less 
          reliance on long-term care facilities, and improved 
          experience of care and quality of care outcomes for the 
          individual.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

          According to the Senate Appropriations Committee:

           One-time administrative costs likely in the hundreds of 
            thousands of dollars to develop program guidelines, 
            determine eligibility standards, adopt a Medicaid State 

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            Plan Amendment, and select providers.  DHCS has about 
            $650,000 in available federal planning grant funding that 
            may be used for these costs.

           Ongoing costs likely in the hundreds of thousands to 
            millions of dollars to oversee and administer the 
            program.  This bill requires that all costs to implement 
            the program be funded with non-state public funds or 
            private funds for the first eight quarters of 
            implementation.  After the first eight quarters, should 
            the Department elect to continue implementation of the 
            program, administrative costs would be funded at the 
            standard federal financial participation rate (50% 
            General Fund, 50% federal funds).

           One-time costs in the low millions of dollars to perform 
            an evaluation of program outcomes during the first eight 
            quarters.  DHCS indicates that prior program evaluations 
            similar in scope have cost between $1 million and $5 
            million.  This bill specifies that DHCS is only required 
            to complete the evaluation if federal financial 
            participation is available and if non-state public funds 
            or private funds are available.

           The long-term program costs are unknown, but likely to be 
            cost-neutral to the state.  Under the health home option 
            in federal law, enhanced federal financial participation 
            at 90% is available for the first eight quarters of 
            program implementation - increasing state funding that 
            can be used for the program.  On the other hand, federal 
            law and guidance requires health home programs to provide 
            more intensive services than are typically provided by 
            Medi-Cal.  The intent of the bill is to both improve 
            health outcomes for participants and to reduce overall 
            costs, by providing more intensive primary care and 
            support services while reducing costly hospitalization 
            and emergency medical services.  Based on other programs 
            similar in nature, including the Frequent Users of Health 
            Services Initiative, this is a reasonable assumption. In 
            addition, this bill requires DHCS to continue 
            implementation of the program after the initial eight 
            quarters only if it finds that the avoided costs are 
            sufficient to fully fund the ongoing costs of 
            implementation.

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           SUPPORT  :   (Verified  8/27/12)

          California Association for Health Services at Home
          California Association of Alcohol and Drug Programs 
          Executives, Inc. 
          California Center for Rural Policy
          California Chapter of the American College of Emergency 
          Physicians
          California Council of Community Mental Health Agencies
          California Primary Care Association 
          Century Housing 
          Compass Family Services
          Corporation for Supportive Housing
          Disability Rights California
          Health Access California
          Homeward Bound of Marin
          Housing California
          LifeSTEPS
          Mental Health America of California
          National Association of Social Workers, California Chapter
          Non-Profit Housing Association of Northern California
          Santa Clara County Board of Supervisors
          Western Center on Law and Poverty

           ARGUMENTS IN SUPPORT  :    The Corporation for Supportive 
          Housing (CSH) argues overwhelming data show that the 
          services this bill would fund could save Medi-Cal 
          significant costs, and most importantly, would save the 
          lives of potentially thousands of Californians, getting 
          people off the streets, out of hospitals and into decent, 
          appropriate care.  CSH states using 90% federal Medi-Cal 
          funding through the ACA option, this bill would fund health 
          home services to coordinate and integrate the medical, 
          behavioral health, and social services needed to reduce 
          avoidable hospitalizations.  CSH states it administered the 
          Frequent Users of Health Services Initiative, a 
          foundation-funded five-year program, supporting six 
          projects throughout California that offered community-based 
          multidisciplinary services to people who frequently incur 
          inpatient stays or ED visits for avoidable reasons. 
          Frequent users experience psychosocial complexities, like 
          chronic disease, mental disability, substance abuse, or 
          homelessness (often a combination of these conditions). 

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          Intensive face-to-face services that coordinate and help 
          beneficiaries manage their care not only improve health 
          outcomes among these individuals but decrease hospital 
          costs.  Medi-Cal beneficiaries participating in the 
          Frequent Users of Health Services Initiative programs 
          experienced a 60% decrease in ED visits and a 69% decrease 
          in inpatient days.  The state incurred significant cost 
          savings as a result.  In fact, data from similar programs 
          across the country show these services save between $7,500 
          and $29,000 per year, per beneficiary in Medicaid costs.  
          CSH states this bill complements the state's health reform 
          goals and promotes easy-to-implement proven strategies. 


           ASSEMBLY FLOOR  :  53-25, 5/30/12
          AYES:  Alejo, Allen, Ammiano, Atkins, Beall, Block, 
            Blumenfield, Bonilla, Bradford, Brownley, Buchanan, 
            Butler, Charles Calderon, Campos, Carter, Cedillo, 
            Chesbro, Davis, Dickinson, Eng, Feuer, Fong, Fuentes, 
            Furutani, Galgiani, Gatto, Gordon, Hall, Hayashi, Roger 
            Hern�ndez, Hill, Huber, Hueso, Huffman, Lara, Bonnie 
            Lowenthal, Ma, Mendoza, Mitchell, Monning, Nestande, Pan, 
            Perea, V. Manuel P�rez, Portantino, Skinner, Solorio, 
            Swanson, Torres, Wieckowski, Williams, Yamada, John A. 
            P�rez
          NOES:  Achadjian, Bill Berryhill, Conway, Cook, Donnelly, 
            Beth Gaines, Garrick, Gorell, Grove, Hagman, Halderman, 
            Harkey, Jeffries, Jones, Knight, Logue, Mansoor, Miller, 
            Morrell, Nielsen, Norby, Olsen, Silva, Smyth, Wagner
          NO VOTE RECORDED:  Fletcher, Valadao


          CTW:m  8/27/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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