BILL ANALYSIS                                                                                                                                                                                                    






                        SENATE HEALTH AND HUMAN SERVICES
                               COMMITTEE ANALYSIS
                        Senator Martha M. Escutia, Chair


          BILL NO:       AB 1863                                      
          A
          AUTHOR:        Gallegos                                     
          B
          AMENDED:       May 30, 2000
          HEARING DATE:  June 28, 2000                                
          1
          FISCAL:        Appropriations                               
          8
                                                                      
          6
          CONSULTANT:                                                 
          3
          Miller / cg
                                        

                                     SUBJECT
                                         
                            Medi-Cal:  eligibility. 

                                     SUMMARY  

          Expands eligibility in the Medi-Cal program without a share  
          of cost requirement for aged, blind and disabled people and  
          reduces the Medi-Cal share of cost requirements for  
          medically needy people and families.

                                     ABSTRACT  

          Existing law:
          1.Provides for the "medically needy" program within  
            Medi-Cal, under which low-income persons or families who  
            are not categorically eligible for Medi-Cal can obtain  
            Medi-Cal benefits by paying a share of cost or  
            "deductible".  For elderly or disabled individuals, all  
            income above $600.00 a month must be spent on health  
            expenses before Medi-Cal contributes.  Eligible  
            individuals may earn $916.00 a month and eligible couples  
            may earn $1358.00 a month. 

          2.Establishes "maintenance need income levels" for the  
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            purposes of calculating an individual or family's share  
            of cost.  The 1996 Welfare Reform Act increased medically  
            needy living allowance by increases in the consumers  
            price index. 

          This bill:
          1.Increases, beginning January 1, 2001, the income levels  
            for maintenance in effect August 22, 1996, by a  
            percentage equal to the intervening consumer price index  
            increases but not more than 10%, and by a percentage  
            equal to the Consumer Price Index on January 1 of each  
            subsequent year for the next two subsequent years,  
            subject to federal financial participation.  Requires  
            that the state is under no obligation to implement with  
            state funds.  Authorizes the Attorney General to file  
            administrative and judicial proceedings to obtain federal  
            approval.

          2.Requires, to the extent federal financial participation  
            is available, the Department of Health Services to  
            exercise its federal option to implement a program for  
            aged, blind and disabled persons, as described,  
            commencing April 1, 2001.  Financial eligibility requires  
            that countable income that does not exceed 133% of the  
            applicable federal poverty level; and, countable  
            resources that do not exceed the maximum levels, as  
            defined.  Blind individuals are specifically made  
            eligible. 

          3.Implementation is only done to the extent funds are  
            appropriated in the annual Budget Act, and requires the  
            Department of Health Services to seek approvals for  
            federal financial participation.

                                  FISCAL IMPACT  

          According to the Assembly Appropriation Committee analysis:  

          1.$21.3 million General Fund in fiscal year 2000-2001 (half  
            year) for all increases. 
          2.$65.3 million General Fund in fiscal year 2001-2002 and  
            thereafter for all increases.

                            BACKGROUND AND DISCUSSION  

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          The author indicates that this bill is will provide relief  
          for low-income elderly and disabled individuals and  
          families who must pay expensive Medi-Cal deductibles before  
          Medi-Cal will cover health care expenses.  For many, this  
          financial burden discourages early diagnosis and treatment,  
          and compliance with prescription medications and treatment  
          therapies, which can result in more expensive or  
          catastrophic outcomes.

          Under the current system an individual is expected to  
          support him/herself on $600 a month plus deductions.  Any  
          income received over that amount is obligated as "share of  
          cost" in any month services are needed.  This $600 amount  
          has not been adjusted since 1989.  The author asserts that  
          complaints about "share of cost" are among the most  
          frequent criticisms of the Medi-Cal program even though  
          only about 6% of the 5 million people qualified for  
          Medi-Cal are certified as "share of cost" eligibles.  The  
          author also points out that seniors on Medicare who are  
          also eligible for Medi-Cal with a share of cost have access  
          to prescription drug coverage through Medi-Cal, but for  
          expensive share of cost barriers.

          The Governor's 2000-2001 Budget proposes to expand Medi-Cal  
          coverage for the 




















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          elderly, blind and disabled in a manner that would  
          eliminate share of cost for 13,000 individuals who have  
          income up to the poverty level (monthly income of $696).   
          This bill would enhance the Governor's proposal by  
          including couples and expanding eligibility to individuals  
          with monthly income of about $914 and couples with monthly  
          income of about $1,226 (based on 1999 federal poverty  
          levels).  Both the Assembly and Senate budget proposals  
          have approved funding for this proposal. This bill also  
          reduces the share of cost for those who would not qualify  
          for free Medi-Cal under the enhanced program by raising the  
          maintenance need income level to $660 for individuals and  
          $1027 for couples and adjusting this amount annually for  
          two years in an amount equal to the consumer price index.   
          This measure would affect less that 40,000 persons based on  
          estimates of the Department of Health Services.  
          AB 2125 (Gallegos) of 1998 and AB 497 (Gallegos) of 1999  
          were introduced to reduce share of cost requirements for  
          the medically needy.  AB 2125 was held in the Senate  
          Appropriations Committee and AB 497 was amended in the  
          Assembly Appropriations Committee.  AB 2500 (Ashburn),  
          pending in the Assembly Health Committee, would establish  
          an income deduction in the Medi-Cal medically needy program  
          of 150% of the United States Department of Health and Human  
          Services poverty guidelines.

          This measure affects code sections also in AB 2500  
          (Ashburn) and SB 87 (Escutia)

                                  PRIOR ACTIONS

           Assembly Floor:          50 - 28  Pass
          Assembly Appropriations: 15 -   6  Do Pass as Amended
          Assembly Health:           9 -   3  Do Pass as Amended

                                    POSITIONS  

          Support:       Western Center of Law and Poverty (sponsor)
                         Protection and Advocacy, Inc. (co-sponsor)
                         AARP
                         AFSCME
                         Association of Regional Center Agencies
                         Alzheimer's Association
                         California Association of Health Facilities
                         California Association of Public Hospitals
                         California Catholic Conference




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                         California Cerebral Palsy Associations
                         California Dialysis Council
                         California Primary Care Association
                         California Senior Coalition
                         California State Association of Counties
                         City and County of San Francisco
                         Congress of California Seniors
                         Consumers Union
                         Grey Panthers
                         Health Access California
                         Jerico
                         Legal Services of Northern California
                         Los Angeles County
                         National Multiple Sclerosis Society
                         National Senior Citizens Law Center
                         Older Women's League
                         Planned Parenthood
                         Regional Center of Orange County
                         Riverside County
                         San Gabriel/Pomona Regional Center

          Oppose    None reported