BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  AB 119
          Author:   Jones (D), et al
          Amended:  8/25/09 in Senate
          Vote:     21

           
           SENATE HEALTH COMMITTEE  :  7-3, 6/10/09
          AYES:  Alquist, Cedillo, DeSaulnier, Leno, Maldonado,  
            Negrete McLeod, Wolk
          NOES:  Strickland, Aanestad, Cox
          NO VOTE RECORDED:  Pavley

           SENATE JUDICIARY COMMITTEE  :  3-1, 6/23/09
          AYES:  Corbett, Florez, Leno
          NOES:  Walters
          NO VOTE RECORDED:  Harman

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  51-29, 05/11/09 - See last page for vote


           SUBJECT  :    Health care coverage:  pricing

           SOURCE  :     American College of Obstetricians and  
          Gynecologists, 
                      District IX
                      City Attorneys Office, San Francisco


           DIGEST  :    This bill, beginning January 1, 2011, eliminates  
          the exception in current law that allows health plans and  
          health insurers to use gender as a basis for premium,  
                                                           CONTINUED





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          price, or charge differentials, when used on valid  
          statistical and actuarial data.

          Senate Floor Amendments  of 8/25/09 extend the effective  
          date of the bill from January 1, 2010 to January 1, 2011  
          and add co-authors.

           ANALYSIS  :    

           Existing Law

           1.Provides for the licensure and regulation of health care  
            service plans (health plans) by the Department of Managed  
            Health Care (DMHC).

          2.Prohibits health plans from charging premium, price, or  
            charge differentials because of the sex of any  
            individual, but makes an exception for differentials  
            based on specified statistical and actuarial data.

          3.Provides for the regulation of life and disability  
            insurers by the Department of Insurance.

          4.Prohibits life and disability insurers from engaging in  
            certain discriminatory practices, but specifies that  
            premium, price, or charge differentials because of the  
            sex of any individual are not prohibited when based on  
            specified statistical or actuarial data or sound  
            underwriting practices.

          5.Defines sex as having the same meaning as gender, as  
            defined.

          6.Requires health plans and health insurers (disability  
            insurers providing health insurance) that offer, market,  
            and sell health plan contracts or health insurance  
            policies to small employers (generally defined as  
            employers who employ between two and 50 employees) to use  
            only permissible risk categories, which are limited to  
            age, geographic region and family size, as specified.

          7.Requires an employee's premium to be determined based on  
            the rate applicable to the employee's risk category, plus  
            an adjustment factor of not more than and not less than  







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            10 percent.

          This bill eliminates the exception in current law that  
          allows health plans and disability insurers to use sex to  
          base premium, price, or charge differentials for health  
          care plan contracts and health insurance policies, when  
          based on objective, valid, and up-to-date statistical and  
          actuarial data, and, in the case of disability insurers,  
          when based on sound underwriting practices in addition to  
          the preceding criteria.  This provision applies to  
          contracts that are issued, amended or renewed on or after  
          January 1, 2011.

          For health insurance policies issued, amended, or renewed  
          on or after January 1, 2011, the bill specifically  
          prohibits the policy from being subject to premium, price,  
          or charge differentials because of the sex of any  
          contracting party, potential contracting party, or person  
          reasonably expected to benefit from the policy as a  
          policyholder, insured, or otherwise.

           Background

           The individual health insurance market, which covers about  
          nine percent of insured Californians, or seven percent of  
          non-elderly Californians, is made up of individuals and  
          families who pay for their own coverage, generally because  
          group coverage is not available.  In California, health  
          plans and insurers conduct medical underwriting, the  
          process of reviewing an applicant or applicants' medical  
          history to ascertain the financial risk posed by the  
          applicant or applicants, and may deny an applicant health  
          insurance, limit a benefit package, or charge a higher  
          premium based on the assessed level of risk.  Each health  
          plan has its own underwriting guidelines in the individual  
          market, which must be filed with DMHC, but are not publicly  
          disclosed.

          In 2005, the three largest carriers offering individual  
          health insurance products in California accounted for over  
          80 percent of the individual insurance products sold in the  
          state.  Sources estimate that approximately 2.6 to 2.9  
          million Californians are currently covered in the  
          individual market.  This represents a substantial increase  







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          from the 1.5 million Californians estimated in 2002.

          In August 2004, the Kaiser Family Foundation issued a  
          report, which documented individual health insurance  
          policies sold nationally through eHealthInsurance, an  
          online source of health insurance for individuals,  
          families, and small businesses, between January and August  
          2003.  The data showed that men accounted for approximately  
          52 percent of single purchasers of individual insurance,  
          while women accounted for almost 48 percent.  Purchasers of  
          single coverage were led by 25-34 year olds (36.1 percent),  
          followed by 18-24 year olds (21.4 percent), and then by  
          35-44 year olds (17.8 percent).  In purchases of individual  
          family coverage, men led women 66.4 percent to 33.6  
          percent, as the lead policyholder.  Individual family  
          coverage was predominately purchased by 35-44 year olds  
          (37.4 percent), followed by 25-34 year olds (29.7 percent),  
          and 55-65 year olds (20.2 percent).
           
          FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           SUPPORT  :   (Verified  8/25/09)

          American College of Obstetricians and Gynecologists,  
            District IX (co-source)
          City Attorney's Office, San Francisco (co-source)
          Access/Women's Health Rights Coalition
          American Civil Liberties Union
          American Federation of State, County and Municipal  
          Employees, AFL-CIO
          California Alliance for Retired Americans
          California Commission on the Status of women
          California Communities United Institute
          California Medical Association
          California National Organization for Women
          California Nurses Association
          California School Employees Association
          California Society for Clinical Social Work
          City and County of San Francisco
          City of West Hollywood
          Congress of California Seniors
          Health Access California
          MomsRising.org







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          National Women's Law Center
          Planned Parenthood Affiliates of California
          Physicians for Reproductive Choice and Health

           OPPOSITION  :    (Verified  8/25/09)

          Aetna
          Association of California Life and Health Insurance  
          Companies
          California Association of Health Plans
          California Chamber of Commerce
          State Farm

           ARGUMENTS IN SUPPORT  :    The American College of  
          Obstetricians and Gynecologists, District IX, (ACOG) writes  
          that to price premiums in the individual health insurance  
          and HMO market on a protected class of persons, such as  
          race, religion, sexual orientation, is discrimination.   
          ACOG points out that, in addition to paying more for  
          coverage, women as a group earn less than men and have less  
          buying power, and that this combination results in  
          affordable coverage for women being out of reach.  ACOG  
          believes that the bill will resolve the inequity of gender  
          discrimination in health insurance premium pricing, stop  
          and reverse the trend of more women becoming uninsured, and  
          possibly reduce the amount of monies spent on covering  
          women through public programs.

          The National Women's Law Center (NWLC) writes that the  
          practice of gender rating has serious implications for  
          women's ability to find affordable health insurance in the  
          individual health insurance market.  NWLC points to a 2006  
          Commonwealth Fund study that showed nine out of ten people  
          who shopped for health coverage in the individual market  
          did not ultimately purchase a plan, a decision largely  
          based on difficulties finding affordable coverage.  NWLC  
          asserts that cost is a particular obstacle for women  
          purchasing individual health insurance, because women in  
          California continue to experience higher poverty rates on  
          an average and earn significantly less than men.  NWLC  
          believes that gender rating is a discriminatory practice,  
          as an individual's sex is an immutable characteristic  
          determined by genetics.  NWLC notes that a new federal law  
          - the Genetic Information Nondiscrimination Act - prohibits  







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          insurers from using predictive genetic information to set  
          health insurance premiums, and believes that women should  
          not face discrimination based on the biological fact of  
          their sex.

           ARGUMENTS IN OPPOSITION  :    The Association of California  
          Life and Health Insurance Companies (ACLHIC) writes that  
          premiums reflect expected costs and utilization of services  
          based on objective, statistical evidence, and that many  
          factors, including family size, geographic region, health  
          status, age, and gender are considered in this  
          determination.  ACLHIC states that, by using all these  
          factors and tailoring the price to the individual, a more  
          diverse and affordable marketplace is available,  
          particularly in the individual market where people are more  
          likely to choose coverage tailored to their own needs and  
          price sensitivity.  ACLHIC contends that young men are most  
          likely to drop coverage when prices increase, and as more  
          of these low-use and low-cost individuals leave the market,  
          the remaining pool of individuals will be higher-use and  
          higher-cost, which will lead to increases in premiums for  
          everyone.

          The California Association of Health Plans (CAHP) believes  
          that the bill moves individual health insurance toward a  
          community rating system that will lead to higher costs for  
          everyone.  CAHP notes that one state that previously used  
          community rating, New Jersey, is now allowing rating  
          factors, including gender, in its development of rates.

          Aetna writes that in the current voluntary insurance  
          market, health insurers need to appropriately and  
          actuarially manage costs for fairness to all individuals  
          who purchase health coverage.  Aetna states men and women  
          use health care services differently and, therefore, are  
          charged different premiums when they purchase health  
          insurance in the individual market.  
           

           ASSEMBLY FLOOR  : 
          AYES:  Ammiano, Arambula, Beall, Block, Blumenfield,  
            Brownley, Buchanan, Caballero, Charles Calderon, Carter,  
            Chesbro, Coto, Davis, De La Torre, De Leon, Eng, Evans,  
            Feuer, Fong, Fuentes, Furutani, Galgiani, Hall, Hayashi,  







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            Hernandez, Hill, Huber, Huffman, Jones, Krekorian, Lieu,  
            Bonnie Lowenthal, Ma, Mendoza, Monning, Nava, John A.  
            Perez, V. Manuel Perez, Portantino, Price, Ruskin, Salas,  
            Saldana, Skinner, Solorio, Swanson, Torlakson, Torres,  
            Torrico, Yamada, Bass
          NOES:  Adams, Anderson, Bill Berryhill, Tom Berryhill,  
            Blakeslee, Conway, Cook, DeVore, Duvall, Emmerson,  
            Fletcher, Fuller, Gaines, Garrick, Gilmore, Hagman,  
            Harkey, Jeffries, Knight, Logue, Miller, Nestande,  
            Niello, Nielsen, Silva, Smyth, Audra Strickland, Tran,  
            Villines


          CTW:cm  8/25/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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