BILL ANALYSIS                                                                                                                                                                                                    �




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


          SB 986 (Hernandez) - Medi-Cal: managed care: exemption from plan  
          enrollment.
          
          Amended: April 10, 2014         Policy Vote: Health 7-0
          Urgency: No                     Mandate: No
          Hearing Date: May 12, 2014      Consultant: Brendan McCarthy
          
          This bill meets the criteria for referral to the Suspense File.
          
          
          Bill Summary: SB 986 would authorize a Medi-Cal beneficiary who  
          has received a specific type of transplant to receive an  
          extension of his or her medical exemption request from mandatory  
          enrollment in Medi-Cal managed care, provided the treating  
          physician determines that it is medically necessary for the  
          patient to remain under the physician's care.

          Fiscal Impact: 
              One-time likely costs of about $75,000 to revise existing  
              regulations and procedures by the Department of Health Care  
              Services (General Fund and federal funds).

              Unknown one-time costs to make system changes to allow the  
              Medi-Cal fiscal intermediary to track eligible medical  
              exemption requests (General Fund and federal funds). The  
              fiscal intermediary would have to make certain changes to  
              allow staff to track and record extensions of medical  
              exemption requests under the bill. At this time it is not  
              known whether such changes could be incorporated into  
              ongoing system maintenance or would impose additional costs.

              Potential ongoing staff costs to the fiscal intermediary up  
              to $150,000 per year to track existing medical exemption  
              requests eligible for extension under the bill and  
              communicate with treating physicians about potential  
              extensions (General Fund and federal funds). According to  
              the Department of Health Care Services, there have been on  
              average about 1,000 medical exemption requests (and  
              emergency disenrollment requests) per year in recent years  
              that would be eligible for extension under this bill. It is  
              likely that the state's fiscal intermediary would need  
              additional staff to track those beneficiaries, contact  








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              treating physicians to determine whether additional  
              extensions will be requested, and process extension  
              requests.

              Estimated increased Medi-Cal costs of about $3 million per  
              year to provide care to eligible beneficiaries in the  
              fee-for-service system (General Fund and federal funds). In  
              recent years, about 1,000 Medi-Cal beneficiaries have  
              requested an exemption from enrollment in managed care due  
              to a transplant that would qualify for extension under this  
              bill. Given the medical complexity of the medical conditions  
              necessitating a transplant and the complexity of  
              transplantation and follow-up care, it is likely that most  
              of those requesting an initial exemption would request one  
              or more extensions for their follow up care. According to  
              the Department, the average annual cost to Medi-Cal for  
              medical care to transplant recipients in the managed care  
              system is about $1,300 per year less than in the  
              fee-for-service system. Assuming that eligible beneficiaries  
              under the bill request two one-year exemptions of their  
              initial exemption, annual costs to the state would likely be  
              about $3 million per year.

          Background: Under state and federal law, the Department of  
          Health Care Services operates the Medi-Cal program, which  
          provides health care coverage to pregnant women, children and  
          their parents with low incomes, as well as blind, disabled, and  
          certain other populations. Generally, the federal government  
          provides a 50 percent federal match for state Medi-Cal  
          expenditures. 

          The federal Affordable Care Act allows states to expand Medicaid  
          (Medi-Cal in California) eligibility to individuals with income  
          up to 138 percent of the federal poverty level. California has  
          opted to expand eligibility for Medi-Cal up to 138 percent of  
          the federal poverty level.  The Affordable Care Act provides a  
          significantly enhanced federal match for the expansion. Under  
          the law, the federal government will pay for 100 percent of the  
          cost of the expansion in 2013-14 declining to a 90 percent  
          federal match in the 2020 federal fiscal year and thereafter.

          With the exception of certain populations (for example,  
          individuals eligible for limited scope Medi-Cal benefits or  
          individuals dually eligible for Medi-Cal and Medicare in most  








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          counties), managed care is the primary system for providing  
          Medi-Cal benefits. The Department estimates that in 2014-15, 7.5  
          million Medi-Cal beneficiaries (73 percent of total enrollment)  
          will receive care through the managed care system.

          Proposed Law: SB 986 would authorize a Medi-Cal beneficiary who  
          has received a specific type of transplant to receive an  
          extension of his or her medical exemption request from mandatory  
          enrollment in Medi-Cal managed care, provided the treating  
          physician determines that it is medically necessary for the  
          patient to remain under the physician's care.

          Specific provisions of the bill would:
              Allow 12 month extensions of exemptions from mandatory  
              enrollment in Medi-Cal managed care;
              Limit eligibility for an extension under the bill to a  
              beneficiary who has received or is to receive an allogeneic  
              bone marrow transplantation, allogeneic blood stem cell  
              transplantation, cord blood transplantation, or  
              haploidentical transplantation and whose treating physician  
              determines that it is medically necessary for the  
              beneficiary to remain under the care of the treating  
              physician;
              Allow additional 12 month extensions if the criteria above  
              are still met;
              Prohibit the contract status between a provider or medical  
              group and a Medi-Cal managed care plan from influencing the  
              decision about granting an extension under the bill.

          Related Legislation: AB 1533 (Monning, 2012) would have codified  
          existing requirements for medical exemption requests. That bill  
          was not heard in the Senate Health Committee.

          Staff Comments: The increased costs that the state would incur  
          under the bill would be split between the state and the federal  
          government. Traditionally, the federal government has paid 50  
          percent of the costs for most Medi-Cal beneficiaries (children  
          formerly eligible for the Healthy Families Program and now  
          enrolled in Medi-Cal are eligible for an increased federal cost  
          share). Under the Medi-Cal expansion, the federal government  
          will pay for 100 percent of the Medi-Cal costs initially,  
          declining to 90 percent by 2020. The share of additional costs  
          incurred by the state under the bill that would be paid by the  
          federal government will vary depending on the individual  








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          patient's specific Medi-Cal eligibility (i.e. whether he or she  
          would have previously been eligible for Medi-Cal, or whether he  
          or she is newly eligible).