BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 1602|
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                                 THIRD READING


          Bill No:  AB 1602
          Author:   John A. Perez (D), et al
          Amended:  8/17/10 in Senate
          Vote:     21

           
           SENATE HEALTH COMMITTEE  :  6-2, 6/30/10
          AYES:  Alquist, Cedillo, Leno, Negrete McLeod, Pavley,  
            Romero
          NOES:  Strickland, Aanestad
          NO VOTE RECORDED:  Cox

           SENATE APPROPRIATIONS COMMITTEE  :  7-4, 8/12/10
          AYES: Kehoe, Alquist, Corbett, Leno, Price, Wolk, Yee
          NOES: Ashburn, Emmerson, Walters, Wyland

           ASSEMBLY FLOOR  :  49-26, 6/1/10 - See last page for vote


           SUBJECT  :    Health care coverage

           SOURCE  :     Author


           DIGEST  :    This bill implements Section 1311 of the  
          Affordable Care Act related to the establishment of an  
          American Health Benefit Exchange in California and its  
          administrative authority.  The bill specifies that the  
          activities related to the provision of health coverage  
          within the Exchange.  It would also be contingent on the  
          enactment of SB 900 (Alquist), which would create the  
          California Health Benefit Exchange and establish details  
          related to its governance.
                                                           CONTINUED





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           ANALYSIS  :    Existing state law establishes the Managed  
          Risk Medical Insurance Board (MRMIB), which administers the  
          Healthy Families program, the Major Risk Medical Insurance  
          Program, and the Access for Infants and Mothers Program.   
          MRMIB is a seven-member board in the Agency with three  
          gubernatorial appointments, two legislative appointments  
          and two ex officio non-voting members.  MRMIB administers  
          three programs (the Healthy Families program, the Access  
          for Infants and Mothers Program and the Major Risk Medical  
          Insurance program), under which it has authority to  
          contract with health plans. 

          Existing federal law:

           Exchange Provisions
           
          1.Requires, under the federal Patient Protection and  
            Affordable Care Act (PPACA), (Public Law 111-148), each  
            state, by January 1, 2014, to establish an American  
            Health Benefit Exchange that makes qualified health plans  
            available to qualified individuals and qualified  
            employers.  Federal law establishes requirements for the  
            Exchange, for health plans participating in the Exchange,  
            and defines who is eligible to receive coverage in the  
            Exchange.

            (Effective January 1, 2014, the federal Act allows  
            individual taxpayers whose household income equals or  
            exceeds 100 percent, but does not exceed 400 percent of  
            the federal poverty level, a refundable tax credit for a  
            percentage of the cost of premiums for coverage under a  
            qualified health plan offering in the Exchange.  The  
            federal Act also requires reductions in the maximum  
            limits for out-of-pocket expenses for individuals  
            enrolled in qualified health plans whose incomes are  
            between 100 percent and 400 percent of the federal  
            poverty level.)  

          2.Allows "qualified small employers" to elect, beginning in  
            2010, a tax credit worth up to 35 percent of a small  
            business' health insurance premium costs in 2010.  On  
            January 1, 2014, this rate increases to 50 percent (35  
            percent for tax-exempt employers).  A qualifying employer  







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            must cover at least 50 percent of the cost of health care  
            coverage for some of its workers based on the single  
            rate.  A qualifying employer must have less than the  
            equivalent of 25 full-time workers (for example, an  
            employer with fewer than 50 half-time workers may be  
            eligible) and must pay average annual wages below  
            $50,000.  Both taxable (for-profit) and tax-exempt firms  
            qualify.  The credit phases out gradually for firms with  
            average wages between $25,000 and $50,000 and for firms  
            with the equivalent of between 10 and 25 full-time  
            workers.  After January 1, 2014, the tax credit is only  
            available for coverage purchased through the Exchange,  
            and only for two consecutive years.

           California Health Benefits Exchange
           
          This bill establishes the California Health Benefits  
          Exchange (Exchange) as an independent public entity with an  
          appointed executive board of 5 members and an executive  
          director to purchase health insurance on behalf of  
          Californians above 100 and up to 400 percent of the federal  
          poverty level and employees of small businesses.  
          Individuals and small businesses would be eligible for a  
          tax credit that would offset premium costs. The tax credit  
          would only be available to those individuals and small  
          businesses purchasing insurance through the Exchange.  
          Estimates place Exchange enrollment up to 9 million  
          individuals. The ACA, requires states that elect to  
          establish exchanges either through a governmental entity or  
          a non-profit organization, in lieu of the federal  
          government establishing it for a state, to have the  
          Exchange be operational by January 1, 2014. 

          This bill requires the board to apply for federal funds  
          that are provided for in federal health reform. Section  
          1311 of the ACA states that the federal government will  
          award grants to states beginning in 2011, not later than  
          one year after PPACA's enactment, in annual, unspecified  
          amounts to assist states in establishing state Health  
          Benefits Exchanges. If the federal funds do not cover the  
          costs of implementation prior to the collection of fees on  
          premiums, there could be General Fund cost pressure to make  
          up the difference. By January 1, 2015, the federal  
          government expects exchanges to be fully self-funded.  







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          Additionally, if a state chooses not to establish its own  
          exchange, the federal government would run the state's  
          exchange either directly or through a non-profit. 

          Initial start-up costs would likely be in the millions of  
          dollars for staff and, in addition to the ongoing duties of  
          the Exchange, could include information technology (IT)  
          investments that could be in the millions of dollars in  
          procurement. Federal law requires exchanges to, among other  
          duties:  1) certify qualified health plans, 2) provide for  
          a toll-free consumer hotline, 3) maintain a website with  
          standardized comparative information on such plans, 4)  
          assign a rating to each qualified health plan, 5) present  
          health plan information in a standardized format, 6)  
          establish a calculator to determine the actual cost of  
          coverage, and, 7) grant a certification attesting that an  
          individual is exempt from the individual responsibility  
          requirement. Several of these requirements would likely be  
          instituted and met during the Exchange start-up and some  
          would be maintained as part of the exchange's ongoing  
          operations. 

          This bill further requires the Exchange to:  1) determine  
          eligibility, enrollment, and disenrollment criteria and  
          processes for enrollees, 2) determine the minimum  
          requirements a health plan must meet to be considered for  
          participation in the exchange, 3) determine when an  
          enrollee's coverage commences, the extent and scope of  
          coverage, and determine and approve cost-sharing provisions  
          for qualified health plans, 4) employ necessary staff, 5)  
          authorize expenditures, as necessary, from the California  
          Health Trust Fund (Fund) to pay program expenses to  
          administer the Exchange, 6) establish the Small Business  
          health Options Program, 7) report to the Legislature no  
          later than December 1, 2018, on whether to merge or keep  
          separate the individual and small group markets, 8)  
          maintain enrollment, collect premiums, and submit  
          expenditures to ensure that expenditures do not exceed the  
          amount of revenue in the Fund, and if sufficient revenue is  
          not available to pay estimated expenditures, institute  
          appropriate measures to ensure fiscal solvency, among other  
          duties. This bill would permit that any regulations adopted  
          by the board until January 1, 2014, to be adopted as  
          emergency regulations. 







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          This bill creates the California Health Trust Fund in the  
          State Treasury. It would be continuously appropriated. It  
          would prohibit any moneys deposited in the Fund from being  
          loaned to, or borrowed by, any other special fund or the  
          General Fund, or a county fund.

          Effective January 1, 2015, DMHC and CDI would be required  
          to develop and maintain an electronic clearinghouse of  
          information regarding health benefits products offered by  
          carriers in the individual and small employer markets.  SB  
          900 (Alquist/Steinberg) similarly establishes an Exchange. 

           Insurance up to Age 26 and Annual and Lifetime Limits
           
          The ACA requires, as these provisions would, that health  
          plans and insurance issuers that offer dependent coverage  
          to make that coverage available until the adult child  
          reaches the age of 26 beginning in the policy or plan year  
          after September 23, 2010. Employers that provide group  
          health care coverage for employees, including the State of  
          California, would not be required to pay the dependent's  
          premium. However, interim federal rules provide that an  
          employer may not treat these dependents differently than  
          those currently covered.

          If the State of California, as an employer, were to pay the  
          employer's share of premiums for about 40,000 23 - 26 year  
          olds, it could cost the state up to approximately $85  
          million in total funds that would be shared 55 percent  
          General Fund, 45 percent special funds and other funds to  
          pay premiums. The California Public Employees Retirement  
          System (CalPERS), the entity that purchases health care  
          coverage on behalf of the state employees, could also see  
          unknown costs to update its computer systems to comply with  
          this bill and federal law. These costs would be factored  
          into CalPERS' proposed 2011 rate in the annual Budget Act. 

          SB 1088 (Price) similarly enacts this coverage expansion.   
          The ACA also would prohibit health plans and insurers from:  
           1) establishing any lifetime limits on the dollar value of  
          essential health benefits for any participant or  
          beneficiary, effective September 23, 2010, and 2)  
          establishing annual limits on the dollar value of essential  







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          heath benefits for any participant or beneficiary, except  
          that until January 1, 2014, there could be established a  
          "restricted annual limit" on essential health benefits.  
          Since costs related to this provision would happen in the  
          absence of this bill, associated costs would be due to  
          federal law and not to this bill. However, if federal law  
          were to be amended or repealed and these provisions were to  
          remain in state law, there would be state costs as  
          described above.

           Pre-Existing Conditions Prohibition
           
          The ACA requires each health insurance issuer in the  
          individual or group market to accept every employer and  
          individual that applies for coverage. For children, this  
          would commence in the plan year following September 23,  
          2010. For adults, guarantee issue would begin on January 1,  
          2014. The Secretary of the federal Health and Human  
          Services Department (HHS) must promulgate regulations  
          regarding enrollment periods and qualifying events related  
          to guarantee issue; as of the writing of this analysis,  
          they have yet to be released. 

          This bill prohibits a health plan contract or insurance  
          policy issued, amended, renewed, or delivered on or after  
          September 23, 2010, from excluding coverage due to any  
          preexisting condition, also known as guarantee issue, for  
          children commencing January 1, 2011, and would include  
          adults January 1, 2014, for those same populations on those  
          same dates.

          In order to review new or amended contracts and policies,  
          DMHC and CDI would need resources as follows:  CDI would  
          need $365,000 in FY 2010-2011 and DMHC would probably need  
          similar resources. Ongoing costs would be minor. There  
          could be potential cost avoidance and savings to the extent  
          this bill were to increase enrollment in private health  
          plans and insurers and to correspondingly reduce enrollment  
          in publicly funded health care coverage programs such as  
          Medi-Cal, Healthy Families, and the California Children's  
          Services (CCS) programs. Some of these costs could shift to  
          the private health insurance market. AB 2244 (Feuer)  
          similarly implements this provision and is pending hearing  
          on August 2 in this committee.







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          Preventive Services Cost-Sharing Prohibition
           
          Subject to the minimum interval established by the federal  
          Department of Health and Human Services (HHS), this bill  
          would prohibit health care service plans and health  
          insurers from imposing cost-sharing requirements, such as  
          copayments and coinsurance, on specified preventive  
          services as stated in the Patient Protection and Affordable  
          Care Act (ACA) for group and individual contracts and  
          policies issued, amended, renewed, or delivered on or after  
          September 23, 2010. Those preventive services include, at a  
          minimum, immunizations, preventive care and screenings, and  
          breast cancer screening, mammography, and prevention. To  
          the extent that health plans and insurers that contract  
          with the Managed Risk Medical Insurance Board (MRMIB) and  
          the California Public Employees Retirement System (CalPERS)  
          do not currently fully comply with these requirements,  
          there could be cost pressure to increase rates.

          If MRMIB and CalPERS had to pay $1 annually more in  
          premiums for each of their respective 800,000 to 900,000  
          subscribers and 778,934 state employees and their  
          dependents, costs would be approximately $800,000 -  
          $900,000 total funds for the Healthy Families Program,  
          Major Risk Medical Insurance Program (MRMIP), and the  
          Access for Infants and Mothers Program (AIM), and $778,934  
          total funds annually for CalPERS.

          Healthy Families costs are shared approximately 65 percent  
          federal funds and 35 percent General Fund as well as  
          subscriber premiums; MRMIP's costs are about 40 percent  
          state tobacco tax revenue and 60 percent subscriber  
          premiums; AIM costs are shared approximately 65 percent  
          federal funds and 35 percent state tobacco tax revenue.  
          CalPERS costs are shared approximately 55 percent General  
          Fund and 45 percent special and other funds as well as some  
          subscriber premiums. While the provisions of this bill are  
          required by the federal ACA, by placing these requirements  
          in state statute, there would be costs to these programs to  
          maintain these provisions if federal law were to be amended  
          or repealed. 

           Background







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          The federal Act requires each state, by no later than  
          January 1, 2014, to establish an American Health Benefit  
          Exchange that:

          1. Facilitates the purchase of qualified health plans, and,

          2. Provides for the establishment of a Small Business  
             Health Options Program or "SHOP Exchange" that is  
             designed to assist small employers in facilitating the  
             enrollment of their employees in qualified health plans  
             offered in the small group market in the state.  

          The Secretary of DHHS is required (through regulation) to  
          establish criteria for the certification of health plans  
          qualified to participate in the Exchange.  Those  
          requirements include meeting marketing requirements;  
          ensuring a sufficient choice of providers; and requiring  
          plans to consider all enrollees in the individual market  
          (except for grandfathered in plans), both in and outside  
          the Exchange, to be considered members of a single risk  
          pool, and all enrollees in the small group market (except  
          for grandfathered in plans), both in and outside the  
          Exchange to be members of a single risk pool.  

          The Act also sets forth the requirements for an Exchange,  
          including that an Exchange must be a governmental agency or  
          nonprofit entity that is established by a state.  The  
          Exchange is also charged with several duties, including  
          screening and enrolling individuals in other public  
          programs, establishing a toll-free hotline and website,  
          assigning a quality and price rating to each health plan,  
          granting exemptions from the federal requirement to have  
          health insurance, providing an online calculator to  
          determine the actual cost of coverage after federal tax  
          subsidies are considered, and awarding grants to  
          "navigators" to conduct public education and facilitate in  
          qualified health plans.  

          Enrollment in the Exchange is open to any "qualified  
          individual" who seeks to enroll in a qualified health plan  
          in the individual market offered through the Exchange and  
          who resides in the state that established the Exchange.   
          Individuals who are incarcerated (except for incarceration  







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          pending the disposition of charges) are ineligible for the  
          Exchange, as are undocumented immigrants. 

          The Exchange is also open to a "qualified employer," which  
          is defined as a small employer that elects to make all  
          full-time employees of such an employer eligible for one or  
          more qualified health plans offered in the small group  
          market through an Exchange.

          Federal health care reform establishes, for qualified small  
          employers, a tax credit for up to 50 percent of their  
          employee health care coverage expenses beginning in 2010.   
          In 2014, federal health care reform allows individual  
          taxpayers whose household income equals or exceeds 100  
          percent but does not exceed 400 percent, of the federal  
          poverty level (FPL) a refundable tax credit for a  
          percentage of the cost of premiums for coverage under a  
          qualified health plan.  The Act also requires reductions in  
          the maximum limits for out-of-pocket expenses for  
          individuals enrolled in qualified health plans whose  
          incomes are between 100 percent and 400 percent of FPL.   
          The Exchange is the only place where tax credits for health  
          coverage are available to individuals.  Beginning in 2014,  
          the tax credits for small employers are also only available  
          through the Exchange, and small employers can claim the  
          credit only for two consecutive taxable years.

          Because the tax credits are only being made available  
          through the Exchange, the Exchange is projected to have a  
          sizable number of individuals, and a significant impact on  
          the health insurance marketplace.  A UC Berkeley estimate,  
          following the enactment of federal health care reform,  
          estimates 8.4 million Californians will be eligible for the  
          Exchange, with 2.9 million (35 percent) of those  
          individuals eligible for the Exchange with a subsidy.  Of  
          the 2.9 million individuals eligible for a subsidy in the  
          Exchange, the UC Berkeley estimate is that 2,450,000 (84  
          percent) are individuals and 545,000 are employees of small  
          employers.

          FISCAL EFFECT  :    Appropriation:  Yes   Fiscal Com.:  Yes    
          Local:  Yes

          According to the Senate Appropriations Committee: 







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                          Fiscal Impact (in thousands)

           Major Provisions                2010-11     2011-12     
           2012-13   Fund  
          Exchange initial start-up costs                         
          likely in the millions of dollars                       
          General/*
                              annually through January 1, 2014Federal

          Ongoing Exchange                                        
          likely to start January 1, 2014, in the                 
          Special**
          administration           tens of millions of dollars  
          annually

          *Unspecified amount of federal funds available likely in  
          2011; General Fund pressure if total expenses not met by  
          federal funds grant
          **California Health Trust Fund-fully supported with  
          consumer premiums

           SUPPORT  :   (unable to verify at time of writing)

          American Federation of State, County and Municipal  
          Employees, AFL-CIO
          CALPIRG
          California Retired Teachers Association


           ASSEMBLY FLOOR  :  
          AYES:  Ammiano, Arambula, Bass, Beall, Block, Blumenfield,  
            Bradford, Brownley, Buchanan, Caballero, Charles  
            Calderon, Carter, Chesbro, Coto, Davis, De La Torre, De  
            Leon, Eng, Evans, Feuer, Fong, Fuentes, Furutani,  
            Galgiani, Hall, Hayashi, Hernandez, Hill, Huffman, Jones,  
            Lieu, Bonnie Lowenthal, Ma, Mendoza, Monning, Nava, V.  
            Manuel Perez, Portantino, Ruskin, Salas, Saldana,  
            Skinner, Solorio, Swanson, Torlakson, Torres, Torrico,  
            Yamada, John A. Perez
          NOES:  Adams, Anderson, Bill Berryhill, Blakeslee, Conway,  
            Cook, DeVore, Emmerson, Fuller, Gaines, Garrick, Gilmore,  
            Hagman, Harkey, Huber, Jeffries, Knight, Logue, Miller,  
            Nestande, Niello, Nielsen, Norby, Silva, Smyth, Tran







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          NO VOTE RECORDED:  Tom Berryhill, Fletcher, Audra  
            Strickland, Villines


          CTW:nl  8/18/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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