BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de Le�n, Chair


          SB 280 (Lieu and Lara) - Insurance affordability programs:  
          application form.
          
          Amended: January 6, 2014        Policy Vote: Health 7-0
          Urgency: No                     Mandate: No
          Hearing Date: January 23, 2014                          
          Consultant: Brendan McCarthy    
          
          SUSPENSE FILE.
          
          
          Bill Summary: SB 280 would permit the application form for  
          insurance affordability programs (including Medi-Cal and health  
          care coverage through the California Health Benefit Exchange) to  
          include questions on sexual orientation and gender identity.  
          After January 1, 2016, the bill would require the application  
          form to include such questions. 


          Fiscal Impact: 
              One-time costs of $100,000 to $150,000 to modify  
              information technology systems to allow the health care  
              coverage application system for Medi-Cal and the California  
              Health Benefit Exchange to include required demographic  
              questions in the application (federal funds or special  
              funds).

              Unknown potential costs, possibly in the millions, to  
              update county welfare department information technology  
              systems and to reprint paper applications, if necessary. The  
              Department of Health Care Services has indicated that there  
              could be significant costs to update county welfare  
              department information technology systems (referred to as  
              SAWS) to collect the required data when performing Medi-Cal  
              eligibility determinations. In addition, if the requirement  
              to add new questions to the Medi-Cal application requires  
              existing paper applications for Medi-Cal and other social  
              service programs to be reprinted, there could be substantial  
              costs.

          Background: Under state and federal law, the Department of  
          Health Care Services operates the Medi-Cal program, which  








          SB 280 (Lieu and Lara)
          Page 1


          provides health care coverage to pregnant women, children and  
          their parents with incomes below 100% of the federal poverty  
          level, as well as blind, disabled, and certain other  
          populations. 
          
          The federal Affordable Care Act allows states to expand Medicaid  
          (Medi-Cal in California) eligibility to persons under 65 years  
          of age, who are not pregnant, not entitled to Medicare Part A or  
          enrolled in Medicare Part B, and whose income does not exceed  
          133% of the federal poverty level (effectively 138% of the  
          federal poverty level as calculated under the Affordable Care  
          Act). California has opted to expand eligibility for Medi-Cal up  
          to 138% of the federal poverty level.

          AB X1 1 (J. Perez, Statutes of 2013) and SB X1 1 (Hernandez and  
          Steinberg, Statutes of 2013) implement the expansion of Medi-Cal  
          and include a number of changes to the eligibility and  
          enrollment process for the Medi-Cal program. AB X1 1 and SB X1 1  
          require a single paper, electronic, or telephone application for  
          Medi-Cal and health care coverage through the California Health  
          Benefit Exchange. Current law authorizes the single application  
          to include questions about the applicant's demographic  
          characteristics. Those questions are voluntary for the applicant  
          to answer.
          
          Proposed Law: SB 280 would permit the application form for  
          insurance affordability programs (including Medi-Cal and health  
          care coverage purchased through the California Health Benefit  
          Exchange) to include questions on sexual orientation and gender  
          identity. 

          After January 1, 2016, the bill would require the application  
          form to include specified 
          demographic questions - including questions regarding the  
          applicant's race, ethnicity, primary language, disability  
          status, sexual orientation, gender identity or expression. 

          Applicants would not be required to answer those demographic  
          questions to complete the application.

          Related Legislation: 
              AB 50 (Pan) formerly included language similar to this  
              bill. Those provisions were amended out of that bill. That  
              bill was vetoed by Governor Brown.








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              AB 1208 (Pan) was identical to this bill, except that the  
              requirement for additional questions would have gone into  
              effect on January 1, 2015. That bill was vetoed by Governor  
              Brown.