BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 635
                                                                  Page  1

          Date of Hearing:   August 8, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   SB 635 (Hernandez) - As Amended:  May 31, 2012 

          Policy Committee:                             HealthVote:18-0

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

           SUMMARY  

          This bill, upon a finding by the Department of Finance that the 
          Major Risk Medical Insurance Program (MRMIP) is inoperative, 
          halts transfers of specified revenues from the Managed Care 
          Administrative Fines and Penalties Fund to the MRMIP program, 
          and instead transfers the funds to a newly created Song-Brown 
          Program Account, which supports training for health care 
          professionals.  

          This bill also specifies the funds are to be used upon 
          appropriation by the Legislature for workforce development 
          purposes specified in the Song-Brown Health Care Workforce 
          Training Act.

           FISCAL EFFECT  

          Annual SF/GF costs in the range of low millions to several 
          million dollars annually, depending upon the amount of penalty 
          revenue that would be transferred to the program. 

          If this penalty revenue is not allocated to the specified 
          program pursuant to this bill, it could instead be redirected to 
          offset GF costs for other programs.

           COMMENTS  

           1)Rationale  . The author states California has a shortage of 
            health care professionals, and expects this situation to 
            worsen as access to health care expands due to federal health 
            reform implementation.  He indicates boosting funding for 
            Song-Brown workforce training programs will allow California 
            to train more primary care health professionals.   








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           2)The Song-Brown program  eencourages universities and primary 
            care health professionals to provide healthcare in medically 
            underserved areas, and provides financial support to family 
            practice residency, nurse practitioner, physician assistant, 
            and registered nurse (RN) education programs throughout 
            California.  The program distributed $7.3 million (special 
            fund) in grants last year.

           3)Managed Care Administrative Fines and Penalties Fund.   This 
            penalty fund receives revenues from penalties assessed on 
            health care service plans for violation of the Knox-Keene Act. 
             Currently, the first million collected annually is 
            transferred to the Medically Underserved Account for 
            Physicians within the Health Professionals Education Fund and 
            is, upon appropriation by the Legislature, used for the Steven 
            J. Thompson Physician Corps Loan Repayment Program.  Moneys 
            over the first million are transferred to the Major Risk 
            Medical Insurance Fund, which is used to fund the Major Risk 
            Medical Insurance Program (MRMIP), the state's high-risk pool 
            program for individuals who have been denied coverage on the 
            individual market.  Penalty revenues are unpredictable and 
            depend on administrative actions taken against health plans.  
            Approximately $1-3 million in penalty revenue has been 
            transferred annually to MRMIP over the last 3 years.  
                
            4)Federal Health Care Reform Implementation  . The federal Patient 
            Protection and Affordable Care Act (ACA) contains a variety of 
            far-reaching provisions that will significantly change the 
            health care market in California. Many major changes 
            associated with ACA are operative January 1, 2014, including 
            the individual mandate to have insurance, guaranteed issuance 
            of health care coverage, and the availability of coverage 
            through a new health insurance exchange.   

            An expansion of eligibility in Medi-Cal and federal subsidies 
            to purchase coverage in new health insurance exchanges will 
            reduce the demand for health care coverage through existing 
            programs such as MRMIP.    Because issuance of insurance 
            coverage is guaranteed beginning in 2014, persons receiving 
            coverage through MRMIP should be able to purchase coverage on 
            the open market at that time. 

            The California Health and Human Services Agency has identified 
            both significant state costs and cost savings associated with 








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            the implementation of federal health care reform.  Given these 
            significant changes, it is expected that savings will result 
            as MRMIP may not be necessary to maintain.  On the other hand, 
            other programs such as Medi-Cal are expected to experience 
            significantly increased costs.  
           
          5)Related Legislation  . SB 1416 (Rubio, Hern�ndez) creates the 
            Graduate Medical Education Trust Fund and requires moneys in 
            the fund to be used by the Office of Statewide Health Planning 
            and Development (OSHPD) to fund grants to medical residency 
            training programs for the creation of additional residency 
            positions.  SB 1416 is pending in the Assembly Health 
            committee.

            A prior version of AB 589 (Perea), in 2011, in a similar 
            fashion to this bill, redirected revenues in the Managed Care 
            Administrative Fines and Penalties Fund to a newly established 
            Steven M. Thompson Medical School Scholarship Program.  The 
            bill was subsequently amended in this committee to be 
            operative contingent on receipt of federal and private funds, 
            and was later held on the Suspense File in the Senate 
            Appropriations committee. 

           6)Prior Legislation  . SB 1379 (Ducheny), Chapter 607, Statutes of 
            2008 created the Managed Care Administrative Fines and 
            Penalties Fund and provided the distribution of funding to the 
            Medically Underserved Account for Physicians and the Major 
            Risk Medical Insurance Fund.

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