BILL ANALYSIS                                                                                                                                                                                                    






                                 SENATE HEALTH
                               COMMITTEE ANALYSIS
                        Senator Elaine K. Alquist, Chair


          BILL NO:       AB 1600                                      
          A
          AUTHOR:        Beall                                        
          B
          AMENDED:       As Introduced                               
          HEARING DATE:  June 23, 2010                                
          1
          CONSULTANT:                                                 
          6
          Tadeo                                                        
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                                     SUBJECT
                                         
                  Health care coverage: mental health services

                                     SUMMARY  

          Requires health plans and health insurers to cover the  
          diagnosis and medically necessary treatment of a mental  
          illness, as defined, of a person of any age, including a  
          child, instead of limiting coverage only for severe mental  
          illness, as in current law.  Requires, the definition of  
          mental illness to be subject to revision to conform to, in  
          whole or in part, the list of mental disorders defined in  
          the Diagnostic and Statistical Manual of Mental Disorders  
          IV (DSM-IV), following publication of each subsequent  
          volume of the DSM. 


                             CHANGES TO EXISTING LAW  

          Existing federal law:
          Under the Mental Health Parity Act of 1996, requires group  
          health plans with over 50 employees to provide parity  
          between mental health benefits and medical/surgical  
          benefits with respect to the application of aggregate  
          lifetime and annual dollar limits.  The law does not apply  
          to benefits for substance abuse or chemical dependency.  

                                                         Continued---



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          Under the Mental Health Parity and Addiction Equity Act of  
          2008 (MHPA), after October 3, 2009, requires a group health  
          insurance plan, with over 50 employees, that offers mental  
          health coverage, to cover mental illness and substance  
          abuse disorders on the same terms and conditions as other  
          illnesses.  

          Existing state law: 
          The Knox-Keene Health Care Service Plan Act of 1975  
          (Knox-Keene), provides for the regulation and licensure of  
          health plans and specialized health plans by the Department  
          of Managed Health Care (DMHC) and health insurers by the  
          California Department of Insurance (CDI). 

          Requires health plans and insurers to cover various health  
          care services, including basic health care services, such  
          as physician services, hospital inpatient and ambulatory  
          care services, diagnostic laboratory services, preventive  
          health services, emergency health care services, and  
          hospice care.  

          Requires health plans and health insurers to provide  
          coverage for the diagnosis and medically necessary  
          treatment of certain severe mental illnesses of a person of  
          any age, and of serious emotional disturbances of a child,  
          as defined, under the same terms and conditions that are  
          applied to other medical conditions (commonly referred to  
          as mental health parity).  For covered conditions, existing  
          law requires health plans to eliminate any benefit limits  
          and cost-sharing requirements that make mental health  
          benefits less comprehensive than physical health benefits.   
          These include higher co-payments and deductibles, and  
          limits on the number of outpatient visits or inpatient days  
          covered.  Benefits include outpatient services, inpatient  
          hospital services, partial hospital services, and  
          prescription drugs, if the health plan contract includes  
          coverage for prescription drugs.  

          Describes severe mental illness as several conditions,  
          including schizophrenia, schizoaffective disorder, bipolar  
          disorder (sometimes referred to as manic depressive  
          illness), major depressive disorders, panic disorder,  
          obsessive-compulsive disorder, pervasive developmental  
          disorder or autism, anorexia nervosa, and bulimia nervosa.   





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          Defines a child with serious emotional disturbances, as a  
          child who has one or more mental disorders as identified in  
          the DSM-IV, other than a primary substance use disorder or  
          developmental disorder that results in behavior  
          inappropriate to the child's age, according to expected  
          developmental norms.  

          Defines a specialized plan contract as a contract for  
          health care services in a single specialized area of health  
          care, including dental care, for subscribers or enrollees,  
          or which pays for, or reimburses any part of, the cost for  
          those services in return for a prepaid or periodic charge,  
          paid by, or on behalf of, subscribers or enrollees.

          Defines specialized health insurance policy as a policy of  
          health insurance for covered benefits in a single  
          specialized area of health care, including dental-only,  
          vision-only, and behavioral health-only policies.  There is  
          no requirement for health insurers subject to regulation by  
          CDI to cover medically necessary basic services or any  
          specific minimum basic benefits.  

          This bill:
          Requires health plans and health insurance policies that  
          provide coverage for hospital, medical, or surgical  
          expenses, to provide coverage for the diagnosis and  
          medically necessary treatment of a mental illness of a  
          person of any age, including a child, under the same terms  
          and conditions applied to other medical conditions,  
          including but not limited to maximum lifetime benefits,  
          co-payments, and individual and family deductibles.  

          Defines mental illness as a mental disorder classified in  
          the Diagnostic and Statistical Manual IV (DSM IV) and  
          includes coverage for substance abuse.  Requires the  
          benefits provided under this bill to include outpatient  
          services; inpatient hospital services; partial hospital  
          services; and, prescription drugs, if the plan contract  
          already includes coverage for prescription drugs.

          Requires, following publication of each subsequent volume  
          of the DSM-IV, the definition of "mental illness" to be  
          subject to revision to conform to, in whole or in part, the  
          list of mental disorders defined in the then-current volume  




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          of the DSM-IV.  Requires any revision to the definition of  
          "mental illness" to be established by regulation  
          promulgated jointly by DMHC and CDI.

          Allows a health plan or health insurer to provide coverage  
          for all or part of the mental health coverage through a  
          specialized health care service plan or mental health plan  
          and prohibits the health plan or health insurer from being  
          required to obtain an additional or specialized license for  
          this purpose.

          Requires a health plan or health insurer to provide the  
          mental health coverage in its entire service area and in  
          emergency situations, as specified.

          Permits a health plan and health insurer to utilize case  
          management, network providers, utilization review  
          techniques, prior authorization, co-payments, or other  
          share-of-cost requirements, to the extent allowed by law or  
          regulation, in the provision of benefits required.

          Exempts contracts between the Department of Health Care  
          Services and a health plan for enrolled Medi-Cal  
          beneficiaries.

          Exempts accident-only, specified disease, hospital  
          indemnity, Medicare supplement, dental-only, or vision-only  
          insurance policies. 

          Prohibits a health care benefit plan, contract, or health  
          insurance policy with the Board of Administration of the  
          Public Employees' Retirement System from applying to this  
          bill unless the board elects to purchase a plan, contract,  
          or policy that provides mental health benefits mandated  
          under this bill.

                                  FISCAL IMPACT  

          The Assembly Appropriations Committee analysis of AB 1600  
          cites the California Health Benefits Review Program (CHBRP)  
          report which estimates annual costs to the Healthy Families  
          program of $691,000 (33 percent General Fund).

                                         
                           BACKGROUND AND DISCUSSION




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          According to the author, AB 1600 is intended to end the  
          discrimination against patients with biological brain  
          disorders, such as schizophrenia, depression, and manic  
          depression, as well as posttraumatic disorders suffered by  
          victims of crime, abuse or disaster, by requiring treatment  
          and coverage of these illnesses that is equitable to  
          coverage provided for other medical illnesses.  The author  
          argues that this bill corrects a serious discrimination  
          problem that bankrupts families and causes enormous  
          taxpayer expense.  The author notes that, current federal  
          law prohibits health plans from setting annual or lifetime  
          dollar limits on an enrollee's mental health benefits that  
          are lower than any such limits on medical care.  The author  
          states that an alarming number of mentally ill persons end  
          up incarcerated because they lack access to appropriate  
          care.  The author further states that inadequate access to  
          mental health services forces law enforcement officers to  
          serve as the mental health providers of last resort, and  
          this misuse of the corrections system costs state taxpayers  
          roughly $1.8 billion per year.  The author adds that an  
          alarming number of these individuals also wind up in  
          hospital emergency rooms and end up receiving county  
          services.  The author contends that the shift by the  
          private insurance market over the last 20 years to exclude  
          entitled covered enrollees by cherry picking out mental  
          illness has been borne financially by the state and  
          counties to the benefit of private insurers.  

          The federal Mental Health Parity and Addiction Equity Act  
          of 2008 (MHPA)
          The Mental Health Parity and Addiction Equity Act of 2008  
          (MHPA), enacted in October 2008, requires group health  
          insurance plans to cover mental illness and substance abuse  
          disorders on the same terms and conditions as other  
          illnesses and help to end discrimination against those who  
          seek treatment for mental illness.  

          Pursuant to MHPA, the federal Departments of Labor, Health  
          and Human Services, and the Treasury issued an interim  
          final rule and accompanying guidelines governing  
          implementation of MHPA on February 2, 2010, that included a  
          90-day public comment period that closed May 3, 2010.  The  
          MHPA does not require group health plans to provide mental  
          health coverage.  However, if a plan does offer mental  




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          health coverage, the MHPA requires equity in financial  
          requirements, such as deductibles, co-payments,  
          coinsurance, and out-of-pocket expenses; equity in  
          treatment limits, such as caps on the frequency or number  
          of visits, limits on days of coverage, or other similar  
          limits on the scope and duration of treatment; and, equity  
          in out-of-network coverage.  

          The MHPA applies to all group health plans for plan years  
          beginning after October 3, 2009, and exempts small firms of  
          50 or fewer employees.  Although AB 1600 defines mental  
          illness as those disorders identified in the DSM-IV, the  
          MHPA does not specify a definition for mental health and  
          substance abuse (MH/SA) disorders.  

          According to a March 2010 report by Advocates for Human  
          Potential (AHP), Inc., a research and consulting firm that  
          provides a preliminary operational analysis of the MHPA  
          interim final rule, the MHPA is expected to affect  
          approximately 111 million participants in 446,400 federally  
          regulated group health plans; 29 million participants in  
          approximately 20,300 state and local government employer  
          group health plans; 460 health insurers that provide  
          substance use disorder or mental health benefits in the  
          group health insurance market; and, 120 managed behavioral  
          health care organizations that provide substance use  
          disorder or mental health benefits to group health plans.    

          
          Mental health parity in California
          Since 1999, health plans and health insurers have been  
          required to provide coverage for the diagnosis and  
          medically necessary treatment of certain severe mental  
          illnesses of a person of any age, and of serious emotional  
          disturbances of a child, as defined, under the same terms  
          and conditions applied to other medical conditions.  Nine  
          specific diagnoses are considered severe mental illnesses:  
          schizophrenia; schizoaffective disorder; bipolar disorder;  
          major depressive disorder; panic disorder; obsessive  
          compulsive disorder; pervasive developmental disorders or  
          autism; anorexia nervosa; and, bulimia nervosa.  For  
          covered conditions, health plans are required to eliminate  
          benefit limits and share-of-cost requirements that have  
          traditionally rendered mental health benefits less  
          comprehensive than physical health coverage.  Mental health  




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          parity requires benefits to include outpatient services,  
          inpatient hospital services, partial hospital services, and  
          prescription drugs, if the health plan contract includes  
          coverage for prescription drugs.  

          In 2003, DMHC promulgated mental health parity regulations,  
          that require health plans to provide, (in addition to all  
          basic and other health care services required by  
          Knox-Keene), at a minimum, coverage for crisis intervention  
          and stabilization; and psychiatric inpatient services,  
          including voluntary inpatient services and services from  
          licensed mental health providers, including but not limited  
          to psychiatrists and psychologists.  
          
          California  Health Benefits Review Program 
          AB 1996 (Thomson), Chapter 795, Statutes of 2002, requests  
          the University of California to assess bills proposing a  
          mandated benefit or service, and prepare a written analysis  
          with relevant data on the medical, economic, and public  
          health impact of the proposed mandate. The program was  
          extended for four additional years by SB 1704 (Kuehl),  
          Chapter 684, Statutes of 2006.  In its analysis of this  
          bill, CHBRP reports:

           Medical Effectiveness.    The literature on all treatments  
          for MH/SA conditions covered by this bill, more than 400  
          diagnoses, could not be reviewed during the 60 days  
          allotted for completion of CHBRP reports.  Instead, the  
          effectiveness review for this bill summarizes the  
          literature on the effects of parity in coverage for MH/SA  
          services.  The findings from studies of parity in coverage  
          for MH/SA services suggest that when parity is implemented  
          in combination with a range of techniques for management of  
          MH/SA services and is provided to individuals who already  
          have some level of coverage for these services:
                 Consumers' average out-of-pocket costs for MH/SA  
               services decrease;
                 There is a small decrease in health plans'  
               expenditures per user of MH/SA services;
                 Rates of growth in the use and cost of MH/SA  
               services decrease;
                 Utilization of MH/SA services increases slightly  
               among individuals with SA disorders, individuals with  
               moderate levels of symptoms of mood and anxiety  
               disorders, and persons employed by moderately small  




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               firms (50 to100 employees) who have poor mental health  
               or low incomes; and,
                 The effect on outpatient MH/SA visits depends on  
               whether individuals were enrolled in a fee-for-service  
               plan or a health maintenance organization or HMO prior  
               to the implementation of parity.

           Utilization, Cost, and Coverage Impacts.  Roughly 16  
          million insured individuals would be subject to this bill's  
          mandate.  CHBRP points out that approximately 66 percent of  
          individuals in policies subject to this bill currently have  
          parity coverage for non-SMI disorders, 32 percent have less  
          than full parity coverage, and 1 percent have no coverage;  
          55 percent of insured Californians have parity coverage for  
          substance use disorders, 35 percent have less than full  
          parity coverage, and 10 percent have no coverage.  CHBRP  
          estimates that, among individuals in policies affected by  
          this bill, utilization would increase by 10.5 outpatient  
          mental health visits and 3.1 outpatient substance abuse  
          visits per 1,000 members per year.  

          Increased utilization would be the result of elimination of  
          benefit limits, and a reduction in cost sharing because  
          coinsurance rates are often higher for non-SMI MH/SA  
          treatment than for other health care.  Utilization would  
          also increase among insured individuals who previously had  
          no coverage for conditions other than the SMI diagnoses  
          covered under existing state law.  However, CHBRP notes  
          that more stringent management of care would partly offset  
          increases in utilization due to more generous coverage.  

          CHBRP also indicates that, as a result of this bill, total  
          health care expenditures, including total premiums and  
          out-of-pocket expenditures, would increase by about $44  
          million or 0.06 percent.  More than half of the total  
          increase in health care expenditures is due to services for  
          non-SMI disorders ($26.6 million) and the remainder ($18.3  
          million) is due to treatment of substance abuse disorders.   
          This bill is estimated to increase premiums by about $63  
          million.  Total premium contributions from private  
          employers who purchase group insurance are estimated to  
          increase by $25 million per year, or 0.06 percent.  Total  
          premiums for individually purchased insurance would  
          increase by about $29 million, or 0.48 percent.  The  
          increase in individual premium costs would be partly offset  




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          by a decline in individual out-of-pocket costs of about $18  
          million, or 0.31 percent.  Enrollee contributions toward  
          premiums for publicly funded group insurance would increase  
          by about $8 million, or 0.06 percent.  The impact of this  
          bill on per member, per month premiums varies widely across  
          all market segments, with negligible premium increases or  
          even decreases for public programs, modest increases among  
          the DMHC-regulated health plan contracts and CDI-regulated  
          large group health insurance policies, and larger increases  
          in the CDI-regulated small-group and individual policies.   
          CHBRP also found that no measurable change in the number of  
          uninsured is projected to occur as a result of this bill  
          because, on average, premium increases are estimated to  
          increase by less than 1 percent.

           Public Health Impact.   The scope of potential outcomes  
          related to MH/SA treatment includes reduced suicides,  
          reduced symptomatic distress, improved quality of life,  
          reduced pregnancy-related complications, reduced injuries,  
          improved medical outcomes, and improved social outcomes,  
          such as a decrease in criminal activity.  Mental and  
          substance abuse disorders are a substantial cause of  
          mortality and disability in the U.S.  Substance abuse, in  
          particular, often results in premature death.  Currently  
          there is no evidence that parity laws like this bill result  
          in a reduction of premature death.  There are sizeable  
          economic costs associated with mental and substance abuse  
          disorders relating to lost productivity.  Although it is  
          likely that this bill would reduce lost productivity for  
          those who are newly covered for MH/SA benefits, the total  
          impact of this bill on economic costs cannot be estimated.   
          Finally, CHBRP found that a potential benefit of this bill  
          is that it would eliminate a health insurance disparity in  
          the individual and small-group insurance market between  
          psychological and non-MH/SA health conditions and could  
          therefore help to destigmatize MH/SA treatment.
          
          Diagnostic and Statistical Manual of Mental Disorders (DSM)
          The Diagnostic and Statistical Manual of Mental Disorders  
          (DSM), first published in 1952, is published by the  
          American Psychiatric Association, and is the standard  
          classification of mental disorders used by mental health  
          professionals in the United States.  There have been four  
          major revisions.  





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          The DSM contains a listing of psychiatric disorders and  
          their corresponding diagnostic codes.  Each disorder  
          included is accompanied by a set of diagnostic criteria and  
          text containing information about the disorder, such as  
          associated features, prevalence, familial patterns, age,  
          culture, gender-specific features, and differential  
          diagnosis.   No information about treatment or presumed  
          etiology is included.  

          The DSM-IV, published in 1994, is the last major revision  
          of the DSM, the next major revision of the DSM, DSM-V, will  
          be published after 2011. 
          
          Prior legislation
          AB 244 (Beall) of 2009, AB 1887 (Beall) of 2008, and AB 423  
          (Beall) of 2007, all of which were substantively identical  
          to this bill, were vetoed by Governor Schwarzenegger.  In  
          his veto messages the Governor stated that the addition of  
          a new mandate, especially one of this magnitude, will only  
          serve to significantly increase the overall cost of health  
          care and remained concerned about the rising costs of  
          health care and the need to weigh the potential benefits of  
          a mandate with the comprehensive costs to the entire  
          delivery system.

          SB 572 (Perata) of 2005 would have required a health plan  
          and a health insurer to provide coverage for the diagnosis  
          and medically necessary treatment of mental illness.  The  
          hearing for this bill in the Senate Business, Finance and  
          Banking Committee was cancelled at the request of the  
          author.

          SB 1192 (Chesbro) of 2004 would have required health plans  
          and health insurers to provide coverage for the medically  
          necessary treatment of substance-related disorders,  
          excluding caffeine and nicotine related disorders, on the  
          same basis coverage is provided for any other medical  
          condition.  This bill failed in the Assembly Health  
          Committee.

          Arguments in support
           The California Mental Health Directors Association (CMHDA)  
          and the California State Association of Counties (CSAC)  
          state that numerous studies have shown that mental illness  
                     is not only treatable, but that appropriate and timely  




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          treatment reduces costly hospitalizations, incarcerations,  
          homelessness, and most importantly, human suffering. 
          CMHDA and CSAC add that a large percentage of mental health  
          clients also have co-occurring substance abuse disorders  
          and that treating one without treating the other is not  
          cost-effective.  Individuals who do not receive appropriate  
          treatment are more likely to self-medicate with drugs  
          and/or alcohol. CMHDA and CSAC contend that AB 1600 would  
          help ensure that private health plans treat individuals  
          with co-occurring disorders in a comprehensive manner, and  
          argue that many health plans fall short of meeting their  
          obligations under California's mental health parity.    

          California Psychological Association states that the costs  
          of increasing coverage to provide full parity for mental  
          disorders is negligible and likely outweighed significantly  
          by the costs of non-treatment.

          National Alliance on Mental Illness, California states that  
          AB 1600 would fill an important gap in coverage, and adds  
          that families cannot afford the financial and emotional  
          burdens caused by mental illness. 

          Arguments in opposition
          The California Association of Health Underwriters (CAHU)  
          states that AB 1600 would add a mandate for expanded mental  
          health coverage, and  adds that it has a long history of  
          opposition to additional health coverage mandates.  CAHU  
          argues that this bill would be counterproductive to making  
          insurance more affordable for Californians. 


                                  PRIOR ACTIONS

           Assembly Health:         13-6
          Assembly Appropriations:12-5
          Assembly Floor:     50-27
           

                                   POSITIONS  
                                        
          Support:  American Federation of State, County and  
                 Municipal Employees, AFL-CIO
                 California Academy of Family Physicians
                 California Association of Alcohol and Drug Program  




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          Executives, Inc
                 California Medical Association
                           California Mental Health Directors  
                 Association
                 California School Employees Association, AFL-CIO
                 California State Association of Counties
                 California Psychological Association
                 County Alcohol and Drug Program Administrators  
                 Association of California
                 Drug Policy Alliance
                 National Alliance on Mental Illness, California
                 National Association of Social Workers - California  
                 Chapter

          Oppose:  Association of California Life & Health Insurance  
          Companies
                 California Association of Health Plans
                 California Association of Health Underwriters
                 California Association of Joint Powers Authorities  
          (CAJPA)
                 California Chamber of Commerce (CalChamber)
                 Health Net





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