BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 970
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          Date of Hearing:   August 8, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                     SB 970 (DeLeon) - As Amended:  May 29, 2012 
           
           Policy Committee:                             HealthVote:  13-6

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

           SUMMARY
           
          This bill establishes requirements for data-sharing in order to 
          facilitate enrollment in the specified human services programs 
          among applicants for state health subsidy programs.  
          Specifically, this bill: 

          1)Authorizes, at the time of initial application for, or renewal 
            of, health care coverage through state health subsidy 
            programs, an individual to consent to have his or her 
            application information used to initiate simultaneous 
            applications for California Work Opportunity and 
            Responsibility to Kids (CalWORKs),CalFresh, and other 
            programs.

          2)Requires county human services departments to, with the 
            beneficiary's consent, use information received via a 
            data-sharing protocol described in (1), above, to continue or 
            recertify CalWORKs or CalFresh benefits for all eligible 
            individuals, if information used to renew a beneficiary's 
            eligibility for a state health subsidy program is sufficient 
            to meet the requirements for a CalWORKs or CalFresh semiannual 
            report or annual recertification.

          3)Requires the California Health and Human Services Agency 
            (CHHSA) to convene a workgroup to consider and develop a plan 
            for the integration of additional human services and work 
            support programs into the application system.  

          4)Requires implementation of the bill's provisions by December 
            31, 2015.  Renders (1) and (2), above, inoperative if the 
            Secretary of Health and Human Services determines the 
            operation of these subdivisions would delay the implementation 








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            of a single, standardized application for state health subsidy 
            programs.

           FISCAL EFFECT  

          1)One-time costs to CHHSA in the range of $50,000 to $200,000, 
            depending on the level of technical detail addressed and staff 
            support provided, to convene a planning workgroup to address 
            further integration of human services programs.

          2)Information Technology (IT) costs of up to $1.8 million (a 
            combination of TANF/MOE, for costs attributed to CalWORKS and 
            50% federal, 50% GF, for costs attributed to CalFresh) to 
            develop functionality that would satisfy the bill's 
            requirements.  This bill requires an augmentation to a system 
            that has been commissioned by the California Health Benefit 
            Exchange (Exchange) and is now being designed and built.  
            Costs could be substantially higher than $1.8 million if 
            additional human services and work support programs are 
            considered for inclusion as authorized by this bill.

          3)Increases in CalWORKS grant costs, if individuals who would 
            not otherwise enroll in CalWORKS enroll as a result of 
            data-sharing protocols established by this bill.  For every 35 
            families who receive CalWORKs as a result of this bill, it 
            would increase costs by approximately $1 million (TANF/MOE) 
            per year.

          4)If this legislation causes a 1% increase in non-assistance 
            CalFresh participation, it would bring in an additional $66 
            million annually in 100% federally funded CalFresh benefits.  
            Those cases would cost approximately $2.5 million (50% GF, 50% 
            federal) to administer.  However, those administrative costs 
            are estimated to be offset by an additional $1.8 million in 
            state sales tax revenue.

          5)Possible increased administrative costs related to the 
            requirement that county human services department use 
            information collected to continue or recertify eligibility in 
            CalWORKS or CalFresh, if this bill causes recertification to 
            occur before it is necessary. 

          6)Rapid implementation could cause a large administrative 
            backlog.  The federal government has authority to impose 
            administrative sanctions if the state fails to meet federally 








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            required timetables.

          COMMENTS  

           1)Rationale  .  The author believes ongoing development of the new 
            California Healthcare Eligibility, Enrollment and Retention 
            System (CalHEERS) poses a new opportunity to integrate 
            applications for human services programs with applications for 
            health care programs. CalHEERS is intended to be a one-stop 
            shop where an individual can apply for all subsidized health 
            care programs offered by the state, including Medi-Cal and 
            subsidies offered through the California Health Benefit 
            Exchange (Exchange).  The author contends that individuals who 
            may qualify for CalWORKS or CalFresh should have the 
            opportunity to apply concurrently for these programs, as they 
            apply for health coverage.

           2)Background  .  The federal Patient Protection and Affordable 
            Care Act (ACA) changes eligibility standards for Medicaid 
            (Medi-Cal in California) and requires states to use an 
            integrated, "no wrong door" system to determine eligibility of 
            applicants for health care coverage programs offered through 
            the state.  This bill attempts to ensure that the IT system 
            being developed to support this effort also includes the 
            ability to transmit information adequate to allow individuals 
            to make a simultaneous application to human services programs, 
            including CalWORKS and CalFresh at a minimum. 

            Currently, individuals applying for Medi-Cal, CalWORKS, or 
            CalFresh in person or through online portals that connect to 
            county databases have the opportunity to apply for any of the 
            programs simultaneously.  The sponsors of the measure, the 
            Western Center on Law and Poverty, believe that development of 
            a CalHEERS system for health care program enrollment that 
            lacks integration of human services programs would be a step 
            backward.

           3)Solicitation and Award of CalHEERS Contract  . In January 2012, 
            the Exchange released a solicitation that described the 
            business functions required for the CalHEERS system.  Core 
            system functionality included eligibility determination for 
            state health programs, plan management, financial management, 
            consumer assistance, and assistance for navigators or agents.  










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            On June 26, 2012, the Exchange announced the award of a 
            contract to develop the CalHEERS system to Accenture LLC.  The 
            contract includes about $183 million for the initial 
            development and implementation of the system; these costs will 
            primarily be paid by the federal government through funds 
            available to implement the ACA. Once the system is in place, 
            the contract also includes about $176 million for the 
            continued development and initial operating costs over about 
            three and a half years (approximately $50 million per year).  

            Horizontal integration of non-health services programs such as 
            CalWORKS and CalFresh was not included in the core system; 
            this integration was characterized as an enhancement that 
            would be available part of an expanded system at future state 
            option.   The Exchange has officially stated that it 
            recognizes the importance of horizontal integration with human 
            services programs, and that this integration will be 
            considered subsequent to the deployment of the core system.  
            The current contract does not contain funding for horizontal 
            integration.   

           4)Federal Cost Rules  . In order to promote flexibility for 
            states, the federal Department of Health and Human Services 
            has provided a time-limited, specific exception to normal cost 
            allocation requirements.  The exception allows human services 
            programs such as CalWORKS and CalFresh to use systems designed 
            specifically for health coverage programs without sharing in 
            the common system development costs, so long as those costs 
            would have been incurred anyway.  However, incremental costs 
            for additional requirements needed for the inclusion of those 
            programs must be charged entirely to the benefitting program. 
            This exception is in place until 2015.

           5)Drafting Concern.  As currently drafted, provision (1) of the 
            bill is vague with respect to the process whereby a 
            simultaneous application for human services programs will be 
            initiated.  This bill provides applicants the ability to 
            consent to have information from their health care program 
            application transmitted for purposes to initiate simultaneous 
            applications for human services programs.   However, it does 
            not require the information to be transmitted to county 
            welfare offices, nor specify that the information shall 
            constitute an application to be processed.










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