BILL ANALYSIS                                                                                                                                                                                                    �



                                                                            



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                                    THIRD READING


          Bill No:  SB 1341
          Author:   Mitchell (D)
          Amended:  5/6/14
          Vote:     21

           
           SENATE HEALTH COMMITTEE  :  7-0, 4/30/14
          AYES:  Hernandez, Morrell, De Le�n, DeSaulnier, Evans, Monning,  
            Wolk
          NO VOTE RECORDED:  Beall, Nielsen

           SENATE APPROPRIATIONS COMMITTEE  :  7-0, 5/23/14
          AYES:  De Le�n, Walters, Gaines, Hill, Lara, Padilla, Steinberg


           SUBJECT  :    Medi-Cal:  Statewide Automated Welfare System

           SOURCE :     County Welfare Directors Association
                      Services Employees International Union California
                      Tehama County Department of Social Services


           DIGEST  :    This bill requires the Statewide Automated Welfare  
          System (SAWS) to be the system of record for Medi-Cal and to  
          contain all Medi-Cal eligibility rules and case management  
          functionality.  Authorizes the California Healthcare  
          Eligibility, Enrollment, and Retention System (CalHEERS) to  
          house the business rules necessary for an eligibility  
          determination to be made for a Modified Adjusted Gross Income  
          (MAGI) eligibility determination.  Specifies the manner in which  
          the functionality to create and send notices of action for  
          Medi-Cal and advanced premium tax credits would be implemented.

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           ANALYSIS  :    Existing law:

          1.Requires the Office of Systems Integration (OSI) to implement  
            a statewide automated welfare system for the following public  
            assistance programs:

             A.   The CalWORKs program;
             B.   CalFresh;
             C.   The Medi-Cal program;
             D.   The foster care program;
             E.   The refugee program; and
             F.   County medical services programs.

          1.Requires statewide implementation of SAWS for the programs  
            listed in 1) above to be achieved through no more than four  
            county consortia, including the Interim SAWS Consortium, and  
            the Los Angeles Eligibility, Automated Determination,  
            Evaluation, and Reporting System (LEADER).  Requires OSI to  
            oversee the migration of the 39 counties composing the C-IV  
            Consortium into a system jointly designed by the 39 counties  
            plus Los Angeles County under the LEADER Replacement System  
            contract. Requires this migration to result in a new  
            consortium to replace the LEADER and C-IV Consortia.

          This bill:

          1.Requires SAWS to be the system of record for Medi-Cal, and  
            requires SAWS to contain all Medi-Cal eligibility rules and  
            case management functionality.

          2.Permits, as an exception to #1 above, the business rules  
            necessary for an eligibility determination to be made under  
            the MAGI rules pursuant to the federal Patient Protection and  
            Affordable Care Act (ACA) to be housed in CalHEERS.  Requires,  
            if this authority is implemented, to house the MAGI business  
            rules in CalHEERS, these business rules to be made available  
            to the SAWS consortia through an automated interface in order  
            for the consortia to determine eligibility for Medi-Cal under  
            the MAGI rules.

          3.Requires, effective January 1, 2016, the functionality to  
            create and send notices of action for Medi-Cal and advanced  
            premium tax credits (APTC), to be implemented consistent with  
            the following:

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             A.   Requires SAWS to be used to generate noticing language  
               and notice of Action (NOA) documents, and to send NOA  
               documents for all Medi-Cal programs (MAGI and non-MAGI).

             B.   Requires CalHEERS to be used to:

                     Generate noticing language for APTC, including, but  
                 not limited to, Medi-Cal denial noticing language related  
                 to APTC approvals; and,

                     Generate and send NOA documents for the APTC only  
                 program. These two provisions apply if DHCS exercises its  
                 authority to house the MAGI business rules in CalHEERS.

             A.   Requires SAWS to be used to combine the noticing  
               language for Medi-Cal programs generated by SAWS and the  
               noticing language for APTCs generated by CalHEERS into one  
               notice, and requires SAWS to be used to send the document  
               as one combined notice for all programs in any mixed  
               eligibility cases that include an approval or approvals for  
               MAGI Medi-Cal eligibility determinations, non-MAGI Medi-Cal  
               eligibility determinations, or both, and APTC approvals.   
               This provision applies if DHCS exercises its authority to  
               house the MAGI business rules in CalHEERS.

           Background
           
          The ACA changed the income eligibility rules for Medicaid for  
          the newly eligible and some of the currently eligible to a  
          tax-based system for counting individual or household income  
          called MAGI.  These MAGI income counting eligibility rules are  
          also used to calculate eligibility for APTCs and cost-sharing  
          subsidies in Covered California. 
          
          CalHEERS contains the business rules for MAGI eligibility  
          determinations and is used by both Covered California and  
          counties in determining eligibility for APTC and MAGI Medi-Cal.   
          CalHEERS is a web-based application portal where individuals and  
          small businesses can research, compare, check their eligibility  
          for, apply, and purchase health coverage.  CalHEERS was designed  
          to interface with various federal, state, and local information  
          technology systems to perform the administrative functions  
          necessary for the purchase of health insurance. For example,  

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          CalHEERS is required to interface with a federal data hub (a  
          database that consolidates data from the Internal Revenue  
          Service, Social Security Administration, and other federal  
          entities) to assess income, citizenship, and other data  
          necessary to determine eligibility for various ACA health  
          coverage options. CalHEERS must interface with the three SAWS  
          consortia, which have their own eligibility determination  
          functionality built into their own system (the three consortia  
          are LEADER, California Work Opportunity and Responsibility to  
          Kids Information Network [CalWin], and Consortium IV [C-IV]).  
          The interface between SAWS and CalHEERS went live on January 21,  
          2014, but it continues to be upgraded. 

           Prior Legislation
           
          AB 1296 (Bonilla, Chapter 641, Statutes of 2013) enacts the  
          Health Care Eligibility, Enrollment and Retention Act, requiring  
          state entities who administer health care coverage programs to  
          undertake a variety of activities related to eligibility,  
          enrollment and renewal of health care coverage through Medi-Cal,  
          the Healthy Families Program, and Covered California.  AB 1296  
          required that an individual screened as not eligible for MAGI  
          Medi-Cal but who may be potentially eligible for Medi-Cal on  
          another basis to have his or her application or case forwarded  
          to the Medi-Cal program for an eligibility determination.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Appropriations Committee:

              One-time anticipated cost of about $6 million to make  
              system changes to the Statewide Automated Welfare System, to  
              allow counties to issue notices of action (General Fund and  
              federal funds).  While county-led consortia would incur  
              costs to upgrade the systems, those costs would be  
              considered Medi-Cal administrative costs and would be paid  
              through the Medi-Cal program.  Federal funding of at least  
              50% would be available for those costs and it may be  
              possible for the state to receive an enhanced federal match  
              up to 90%.

              Potential cost savings to counties, possibly in the tens of  
              millions, depending on the additional workload they are  

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              likely to see due to existing problems with the notice of  
              action process (General Fund and federal funds).  Based on  
              recent problems with notifications to applicants by Covered  
              California and the requirement that most notices of action  
              will be created by Covered California, rather than the  
              counties as has been the historic practice, the counties  
              anticipate a great deal of additional administrative work to  
              assist confused applicants and applicants who have been  
              improperly denied eligibility.  By gaining the ability to  
              send notices of action, the counties indicate that they will  
              be able to fix erroneous eligibility determinations and  
              provide additional information in a notice of action. The  
              counties believe this should reduce administrative workload  
              going forward.


           SUPPORT  :   (Verified  5/23/14)

          County Welfare Directors Association (co-source) 
          Services Employees International Union California (co-source) 
          Tehama County Department of Social Services (co-source) 
          Alameda County Social Services Agency
          American Federation of State, County and Municipal Employees,  
          AFL-CIO
          California State Association of Counties
          County of San Bernardino
          County of San Diego
          Del Norte County Board of Supervisors
          San Mateo County Board of Supervisors
          Santa Cruz County Board of Supervisors
          Sonoma County Board of Supervisors
          Ventura County Board of Supervisors
          Western Center on Law & Poverty

           ARGUMENTS IN SUPPORT  :    This bill is jointly sponsored by the  
          County Welfare Directors Association (CWDA) and the Service  
          Employees International Union.  CWDA argues, in light of the  
          decision to build CalHEERS, an agreement was reached between the  
          Administration, Covered California, and the counties that  
          reflected existing statute naming SAWS as the system of record  
          for Medi-Cal and requiring Medi-Cal eligibility functions to be  
          in SAWS.  Per the agreement, CalHEERS would serve as the system  
          that applies the new MAGI rules, and SAWS was to proceed with  
          all other eligibility and enrollment case functions. CWDA states  

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          the intent of SAWS serving as the system of record is to ensure  
          program efficiency, efficacy, continuity, and cohesiveness via  
          multi-program case management, and to allow for ease of access  
          to Medi-Cal while providing a more simplified process.  This  
          bill codifies the agreed upon automation approach designed to  
          comprehensively and seamlessly serve families' needs for both  
          their health care and human service needs.  This approach allows  
          families and individuals to obtain coordinated services, both  
          when they initially apply and as their circumstances change.

          The second component of this bill is which entities issue NOAs.   
          CWDA states a key issue with the design of CalHEERS is that is  
          it does not enable counties to create, edit, and send NOAs for  
          Medi-Cal.  NOAs are the documents that inform applicants and  
          beneficiaries of their eligibility results and provide them with  
          information on how to appeal decisions made about their case.   
          Without the ability to customize notices in the manner  
          consistent legal requirements, CWDA states clients will receive  
          significantly less informative or incomplete notices, leading to  




          increased questions and confusion about what is happening with  
          their case and potentially making it more difficult for them to  
          exercise their due process rights.


          JL:nl  5/23/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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