BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1602
                                                                  Page  1

          Date of Hearing:   May 12, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                AB 1602 (John A. Perez) - As Amended:  April 15, 2010 

          Policy Committee:                              Health Vote:12-5

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

           SUMMARY  

          This bill, the California Patient Protection and Affordable Care  
          Act, implements several provisions of federal health reform  
          (PL-111-148). Specifically, this bill: 

          1)Establishes the California Health Benefit Exchange (Exchange)  
            and requires the Exchange to facilitate the purchase of  
            qualified health coverage by individuals and small business  
            employees by January 1, 2014. This bill establishes the  
            Executive Board of the Exchange and establishes governance and  
            functions of the Exchange. 

          2)Establishes the California Health Trust Fund, a continuously  
            appropriated special fund.  Requires the governing board of  
            the Exchange to use federal funding to support the planning  
            for and establishment of the Exchange. Authorizes the Board to  
            institute appropriate measures to ensure the fiscal solvency  
            of the Exchange. 

          3)Enacts private health insurance market reforms to prohibit the  
            limiting age of dependent health coverage to be less than 26  
            years of age; to prohibit the imposition of health coverage  
            lifetime limits; to prohibit the imposition of annual limits  
            except in specified circumstances; and to prohibit the use of  
            pre-existing conditions for health coverage underwriting for  
            individuals younger than 19 years of age.

           FISCAL EFFECT  

          1)This bill establishes the California Health Benefits Exchange  
            Fund (Fund) as a continuously appropriated special fund used  
            to support the administrative workload of the Exchange and to  








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            facilitate the purchase of health coverage for several million  
            Californians. This bill authorizes unexpended or unencumbered  
            funds at the end of a fiscal year to be carried forward and  
            requires any interest earned to be retained by the Fund. This  
            bill requires the Fund to include a prudent reserve. 

          2)Federal funding to establish the Exchange will be available  
            from 2011 until January 1, 2015, at which time the Exchange  
            must be self-sustaining, for which this bill provides the  
            funding authority. Detail about the amount of federal funding  
            available to California to support establishing the Exchange  
            over the next few four years is not yet available. 

          3)According to estimates, by 2016, between three million and  
            eight million individuals and employees of small firms will be  
            purchasing coverage through the Exchange. About three million  
            of these individuals will be eligible for coverage subsidies  
            either because of income (family income of less than 400% of  
            federal poverty level) or because they work for small firms  
            benefiting from a related tax credit. The actual number of  
            people accessing health coverage through the Exchange will  
            depend on a number of factors, including access to subsidies  
            and tax credits, the kind of benefits and prices offered in  
            the Exchange, administrative savings generated by purchasing  
            economies of scale, and other market factors. 

          4)Unknown, fee-supported special fund costs to the California  
            Department of Managed Health Care (DMHC) and the California  
            Department of Insurance (CDI) to implement insurance market  
            reforms contained in this bill. There are several other bills  
            in the current session implementing related market reforms.  
            Actual implementation costs to these two departments for this  
            bill and others in the current session will depend on how well  
            market reforms function for the purposes of regulator workload  
            and oversight. 

           COMMENTS  

           1)Rationale  . This bill enacts several major components of  
            federal health reform, the Patient Protection and Affordable  
            Care Act (PL-111-148), including establishing a  
            California-based health insurance exchange, and establishing  
            several insurance market reforms regarding dependent health  
            coverage and benefit limits. The Exchange addressed in this  
            bill will enable the purchase of coverage for between three  








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            and eight million individuals. This bill will be a major  
            factor in reducing the number of uninsured in California.  
            Currently, 25% of non-elderly adults statewide are uninsured. 

           2)The Health Insurance Exchange  . The federal health reform law  
            made broad changes to the way health coverage is to be  
            provided and paid for in California. The federal law created a  
            new mechanism for purchasing coverage, called exchanges, which  
            are state-based entities established to create a more  
            organized and competitive market for health insurance.  
            Competition and efficiency is expected to increase by offering  
            a choice of health plans, establishing common rules regarding  
            the offering and pricing of insurance, and providing  
            information to help consumers better understand the options  
            available to them. Initially the California Exchange will  
            serve primarily individuals purchasing insurance on their own  
            and smaller employers.  Several years later, California will  
            have the option of opening Exchanges to larger employers.

           3)Dependent Health Coverage  . Most individual and group health  
            coverage policies set a limiting age for coverage of dependent  
            children. The limiting age determines when children are no  
            longer considered dependents for the purposes of health  
            coverage.  The age is often set at 19. However, contracts also  
            often allow a young person who is enrolled full-time in  
            college to remain on the policy as a dependent until age 23.   
            In addition, California statute establishes an exception to  
            the limiting age for those dependents who are incapable of  
            self-sustaining employment by reason of a physically or  
            mentally disabling injury, illness, or condition and who  
            remain chiefly dependent on the subscriber, member, or  
            policyholder for support and maintenance. This bill extends  
            the limiting age for health coverage until a dependent's 26th  
            birthday. 

           4)Insurance Benefit Limits  . Under current law, health plans and  
            insurers may impose health coverage limits. For example, an  
            insurer may pay for a specified amount of care in a given year  
            or over an individual's lifetime. Federal health reform  
            prohibits health plans from placing lifetime limits health  
            coverage, effective in 2010. In addition, prior to 2014, group  
            health plans and health insurers may only impose a restricted  
            annual limit for essential health benefits under the Patient  
            Protection and Affordable Care Act. At this time, only  
            baseline federal guidance for the meaning of essential health  








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            benefits has been provided. 

           5)Related Legislation  . Several bills in the current session  
            address features and requirements of federal health reform:

             a)   SB 900 (Alquist), pending in the Senate, establishes the  
               California Health Benefits Exchange within the California  
               Health and Human Services Agency.

             b)   SB 1088 (Price), pending in the Senate, increases the  
               limiting age of dependent health coverage until the  
               dependent's 26th birthday. 

             c)   AB 1595 (Jones), also being heard in this committee  
               today, requires the California Department of Health Care  
               Services (DHCS) to expand Medi-Cal eligibility to  
               individuals with family income up to 133% of the federal  
               poverty level (FPL) without regard to family status.

             d)   AB 1887 (Villines), pending in this committee,  
               establishes California's temporary high risk pool to expand  
               the number of insured individuals with pre-existing  
               conditions. 

             e)   AB 2244 (Feuer), pending in this committee, addresses  
               insurance market writing reforms for children and adults  
               with regard to pre-existing conditions and the renewability  
               of health insurance. 

             f)   AB 2477 (Jones), pending on the Suspense File of this  
               committee, eliminates mid-year status reports for children  
               on Medi-Cal. 


             g)   SB 1163 (Leno), pending in the Senate, requires detailed  
               health plan and insurer data and actuarial justification  
               for premium increases and non-standard premium charges.

           

           Analysis Prepared by  :    Mary Ader / APPR. / (916) 319-2081