BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1863
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          Date of Hearing:   May 3, 2000

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS 
                              Carole Migden, Chairwoman

                  AB 1863 (Gallegos) - As Amended:  April 24, 2000 

          Policy Committee:                              HealthVote:9-3

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

           SUMMARY  

          This bill modifies eligibility requirements for the Medi-Cal  
          program as follows: 

          1)On January 1, 2001, increases the maintenance need income  
            levels (MNILs) in effect on August 22, 1996, by the percentage  
            increase in the Consumer Price Index (CPI) between these two  
            dates, or 20%, whichever is greater.  On January 1 of every  
            subsequent year, the MNIL would be increased by the increase  
            in the CPI.

          2)Conditions the increases in #1 on federal financial  
            participation (FFP) and requires the Department of Health  
            Services (DHS) to seek, by March 1 of each year, any state  
            plan amendments and other approvals necessary to secure FFP.   
            The bill specifies that the state is under no obligation to  
            use state-only funds to pay for the increases.

          3)Requires DHS to adopt the federal option that permits states  
            to offer Medi-Cal without share of cost to low-income persons  
            with disabilities and seniors age 65 or over.  Net countable  
            income cannot exceed 100% of the federal poverty level (FPL),  
            and net assets must be within allowable federal limits.

          4)For purposes of computing net countable income in #3, provides  
            for income deductions, exemptions, and disregards allowed  
            under federal law.  Additionally, allows special income  
            deductions of $200 for individuals and $400 for couples, as  
            authorized by federal law.

          5)Makes benefits for #3 available starting April 1, 2001, only  
            to the extent that FFP is available.  DHS is required to seek  








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            any necessary federal approvals.

           FISCAL EFFECT  

          1)Unknown GF costs, likely over $18 million in FY 2000-01 (half  
            year) and $36 million annually thereafter, to increase the  
            Medi-Cal MNIL by 20% on 1/1/01.  If 50,000 people have a  
            higher MNIL of $720 per month (instead of the current $600),  
            total Medi-Cal costs would increase by $72 million annually,  
            of which half ($36 million) would be GF costs.

          2)Unknown GF costs, likely over $275,000 in FY 2001-02 (half  
            year) and $550,000 annually thereafter, to provide an annual  
            CPI increase to the MNIL.  If the CPI increases by 3% each  
            year, total costs would be $1.1 million annually, of which  
            half would be GF costs.
          3)Unknown GF costs, likely over $12.3 million in FY 2000-01 (3  
            months) and $49 million annually thereafter, to provide  
            Medi-Cal without share of cost to an estimated 53,000 aged,  
            blind and disabled persons under provision #3.

          4)Negligible impact on county administrative costs for Medi-Cal  
            eligibility determinations for #3.  These persons would shift  
            from one Medi-Cal component (Medically Needy) to another  
            (no-cost Medi-Cal).

           COMMENTS  

          1)  Purpose  .  This bill, sponsored by Protection and Advocacy,  
            Inc. and the Western Center on Law and Poverty, is intended to  
            improve access to health care for low-income elderly and  
            disabled persons in two ways.  First, it increases the income  
            eligibility limit to qualify for no-cost Medi-Cal by raising  
            the level to 100% FPL as well as allowing an additional  
            deduction of $200 for individuals and $400 for couples.  In  
            effect, the income limits are increased to about 114% FPL for  
            individuals and 142% for couples from the current levels of  
            90% and 104% FPL, respectively.  By raising the income limit,  
            more people will qualify for no-cost Medi-Cal, thereby  
            shifting them from the Medically Needy program, where they  
            currently pay a share of their medical costs.

          Second, for those persons remaining in the Medically Needy  
            program, this bill increases the amount of income they are  
            allowed to keep before they incur a share of cost.  A one-time  








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            adjustment equal to the greater of 20% or cumulative CPI  
            increases between 8/22/96 and 1/1/01, is required for the MNIL  
            on January 1, 2001.  Thereafter, the MNIL will increase  
            annually each January 1 by the amount of the CPI increase.

          2)  MNIL and Medically Needy Program  .  Persons whose incomes are  
            too high to qualify them for no-cost Medi-Cal may receive  
            Medi-Cal benefits under the Medically Needy program after they  
            pay a share of cost based on the MNIL.  The MNIL is the amount  
            of income a beneficiary is allowed to keep for living  
            expenses, with all countable income above that required as the  
            person's share of cost before qualifying for Medi-Cal.  The  
            current MNILs of $600 for individuals and $934 for couples  
            have not been adjusted since 1989.  Federal law allows the  
            MNIL to be increased by cost of living increases since 1996.

          By increasing the MNIL, this bill responds to the large number  
            of complaints from seniors and others about their high share  
            of cost.  According to the author, this financial burden  
            discourages early diagnosis and treatment and compliance with  
            prescription medications.  By allowing beneficiaries to keep  
            more of their incomes (thereby reducing their share of cost),  
            this bill will help them keep pace with inflation and access  
            needed medical care.

          3)  Governor's Budget Proposal  .  The Governor proposes to  
            eliminate the Medi-Cal share of cost for disabled and elderly  
            individuals (but not couples) with incomes under the FPL  
            (currently $696 per month).  According to the Legislative  
            Analyst's Office (LAO), this would shift about 13,000  
            individuals who have a share of cost below $100 in the  
            Medically Needy program to no-cost Medi-Cal at a GF cost of $6  
            million annually.  The LAO indicates another 47,000 aged,  
            blind and disabled Medi-Cal beneficiaries have a share of cost  
            between $100 and $500.  This bill would enhance the Governor's  
            proposal by including couples and expanding eligibility to  
            individuals with $896 monthly income and couples with $1,338  
            income.

          4)  Related Legislation  .  The author previously carried AB 2125 in  
            1998 and AB 497 in 1999 to reduce share of cost requirements  
            for Medically Needy beneficiaries.  AB 2125 was held in the  
            Senate Appropriations Committee, while AB 497 was amended in  
            this committee to deal with dentistry.  This year, AB 2500  
            (Ashburn), which would have established an income deduction in  








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            the Medically Needy program at 150% FPL, failed passage in the  
            Assembly Health Committee.


           Analysis Prepared by  :    Joyce Iseri / APPR. / (319) 319-2081