BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2577
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 2577 (Cooley and Pan)
          As Amended August 22, 2014
          Majority vote
           
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          |ASSEMBLY:  |77-0 |(May 28, 2014)  |SENATE: |35-0 |(August 27,    |
          |           |     |                |        |     |2014)          |
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           Original Committee Reference:   HEALTH  

           SUMMARY  :  Requires the Department of Health Care Services (DHCS)  
          to design and implement a program to allow government entities  
          to use intergovernmental transfers (IGTs) to claim federal  
          Medicaid funds in order to increase reimbursement for ground  
          emergency medical transportation (GEMT) services provided to  
          Medi-Cal managed care enrollees.

           The Senate amendments  :

          1)Require DHCS to design and implement the IGT program distinct  
            from the existing section of law that governs fee-for-service  
            (FFS) supplemental GEMT reimbursement, and set forth various  
            provisions for the IGT program.  

           2)Delete the urgency clause and make the IGT program effective  
            January 1, 2015, with provisions to authorize DHCS to  
            implement the program retroactively as needed.   

           3)Authorize DHCS, if permitted by federal law, to provide  
            supplemental reimbursement, under the existing FFS  
            supplemental GEMT reimbursement program, for the cost of  
            paramedic services.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee:

          1)One-time costs up to $1 million to get federal approvals and  
            set up the program requirements by DHCS (reimbursements and  
            federal funds).  Current law requires participating government  
            entities to reimburse DHCS for any administrative costs to  
            administer the program.

          2)Ongoing costs, potentially up to $500,000 per year, to  








                                                                  AB 2577
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            administer the program and facilitate payments to managed care  
            plans (which would then be paid to government entities)  
            (reimbursements and federal funds).

          3)Potential increase in federal funding to government emergency  
            services providers in the tens of millions per year.  This  
            bill allows government entities to receive supplemental  
            federal funding for managed care beneficiaries.  About 75% of  
            Medi-Cal beneficiaries are in managed care.  While actual  
            reimbursements to government entities will depend on the  
            amount of intergovernmental transfers and the maximum  
            allowable payments for services, total additional  
            reimbursements under this bill could be several times the  
            reimbursements allowed for similar services provided in the  
            fee-for-service system.
              
           COMMENTS  :  The author notes many Californians rely on the  
          Medi-Cal program to provide for their medical care of which  
          emergency ambulance service is a vital part of the health care  
          safety net.  The Medi-Cal program falls short of meeting the  
          true cost of providing emergency ambulance service.  The author  
          argues this bill will allow qualified ground emergency medical  
          transportation providers to draw down almost $350 million in  
          federal matching funds to help offset the gap between the  
          amounts paid through Medi-Cal and the true cost of providing  
          those services.  According the California Ambulance Association,  
          the average cost of an ambulance transport in California is  
          about $600, while Medi-Cal reimburses an average of $150,  
          resulting in $165 million in uncompensated care to Medi-Cal  
          beneficiaries.

          Ambulance providers, unlike many other Medi-Cal providers, are  
          mandated to care for those who require services.  Providers such  
          as non-emergency physicians, dentists, and surgeons may simply  
          choose not to treat Medi-Cal patients, ambulance providers  
          cannot due to the federal Emergency Medical Treatment and Active  
          Labor Act which prohibits the practice of patient dumping,  
          treatment denial, and patient discharge based on anticipated  
          high emergency treatment costs. 

          Federal law allows states to use other sources of funding as the  
          state's match for federal Medicaid funds, and to use those  
          sources of funding to draw down FFP without any cost to the  
          state.  Under current state law, supplemental reimbursement for  
          GEMT is obtained through the use of certified public  








                                                                  AB 2577
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          expenditures (CPEs).  Under a CPE arrangement, government  
          providers certify their Medi-Cal expenditures to the state, and  
          the state obtains federal reimbursement on the basis of the  
          CPEs.  Another method of using governmental funds to draw down  
          FFP is the use of IGTs, which are transfers of public funds  
          between governmental entities, such as from a county to the  
          state.  CPEs cannot be used when beneficiaries are enrolled in  
          and receive their benefits through a managed care plan.  As  
          such, this bill allows governmental entities the option of using  
          IGTs in order to draw down FFP to fund increased reimbursement  
          to eligible GEMT providers serving Medi-Cal managed care  
          beneficiaries.

          This bill's sponsors, the California Fire Chiefs Association,  
          the California Professional Firefighters, and the California  
          Metropolitan Fire Chiefs, state that, as Medi-Cal providers  
          migrate from fee-for-service arrangements to managed care much  
          of the anticipated reimbursements from the existing program will  
          disappear as CPEs cannot be used for obtaining the supplemental  
          reimbursement for the managed care population.  They argue that  
          this bill would allow those entities that provide GEMT to  
          Medi-Cal to capture those lost reimbursements from managed care  
          beneficiaries through the use of an IGT.  According to the  
          sponsors, this bill will allow the state to draw down federal  
          funds for beneficiaries in managed care plans at no cost to the  
          taxpayer. 

          There is no known opposition to this bill.
           

          Analysis Prepared by  :    Kelly Green / HEALTH / (916) 319-2097 


          FN: 0005476