BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  AB 1887
          Author:   Villines (R), et al
          Amended:  6/10/10 in Assembly
          Vote:     27 - Urgency

           
           SENATE HEALTH COMMITTEE  :  6-2, 6/16/10
          AYES:  Alquist, Cedillo, Leno, Negrete McLeod, Pavley,  
            Romero
          NOES:  Strickland, Aanestad
          NO VOTE RECORDED:  Cox

           SENATE APPROPRIATIONS COMMITTEE  :  7-1, 6/17/10
          AYES:  Kehoe, Alquist, Corbett, Leno, Price, Wolk, Yee
          NOES:  Walters
          NO VOTE RECORDED:  Cox, Denham, Wyland
           
          ASSEMBLY FLOOR  :  72-0, 6/14/10 - See last page for vote


           SUBJECT  :    Temporary high risk pool

           SOURCE  :     Department of Health Services


           DIGEST  :    This bill establishes the Federal Temporary High  
          Risk Health Insurance Fund, requires money in the Fund to  
          be continuously appropriated to the Managed Risk Medical  
          Insurance Board for the purpose of establishing a federal  
          temporary high-risk pool (federal pool) established under  
          SB 227 (Alquist), 2009-10 Session, for individuals with a  
          pre-existing medical condition, and is contingent upon the  
          enactment of SB 227.
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           ANALYSIS  :    

          Existing state law:

          1. Establishes the Major Risk Medical Insurance Program  
             (MRMIP), which is administered by the Managed Risk  
             Medical Insurance Board (MRMIB), to provide major risk  
             medical coverage to California residents who have been  
             rejected for coverage by at least one private health  
             plan, or if the only private health coverage that the  
             applicant can secure would:

             A.    Impose substantial waivers or provide limited  
                coverage that MRMIB determines would leave a  
                subscriber without adequate coverage for medically  
                necessary services.

             B.    Or, afford coverage only at an excessive price,  
                which MRMIB determines is significantly above  
                standard average individual coverage rates.

          2. Caps the premium subscribers in MRMIP pay at 125 to  
             137.5 percent of the standard average individual rate  
             the enrollee would pay for comparable coverage.  

          3. Establishes the Major Risk Medical Insurance Fund, and,  
             except for the 2009-10 fiscal year, continuously  
             appropriates $30 million in Proposition 99 tobacco tax  
             funds from the Cigarette and Tobacco Products Surtax  
             Fund to this Fund.

          Existing law exempts from the Public Records Act (PRA)  
          records of MRMIB related to contract negotiations and  
          deliberations, and exempts from the Bagley-Keene Open  
          Meeting Act matters related to the development of rates and  
          contracting strategy for entities contracting or seeking to  
          contract with MRMIB.

           Existing Federal Law
           
          1. The federal health care reform bill, known as the  
             Patient Protection and Affordable Care Act (PPACA),  
             requires the federal Secretary of the Department of  

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             Health and Human Services (DHHS) to establish a  
             temporary high-risk health insurance pool program to  
             provide health insurance coverage for eligible  
             individuals until January 1, 2014.  PPACA authorizes the  
             Secretary to carry out the program directly or through  
             contracts with a state or nonprofit entity.  To be  
             eligible for the federal pool, an individual must meet  
             the following:

             A.    Be a citizen or national of the United States or  
                lawfully present in the United States.

             B.    Have not been covered under "creditable coverage"  
                (as defined in federal law) during the six-month  
                period prior to the date on which such individual is  
                applying for coverage through the high-risk pool.
           
             C.    Have a pre-existing condition, as determined in a  
                manner consistent with guidance issued by the  
                Secretary of the United States Department of Health  
                and Human Services (DHHS).

          2. Under the Patient Protection and Affordable Care Act  
             (PPACA), in order for a high-risk pool to be eligible  
             for federal funding, the pool must meet the following  
             criteria:

             A.    Provide health insurance coverage to all eligible  
                individuals that does not impose any pre-existing  
                condition exclusion.

             B.    Provide health insurance coverage:

                (1)      In which the health insurer's share of the  
                   total allowed costs of benefits provided under the  
                   coverage is not less than 65 percent of such  
                   costs.
                 
                (2)      That has an out-of-pocket limit not greater  
                   than the amount in federal law for a high  
                   deductible health plan offered in conjunction with  
                   a health savings account (except that the  
                   Secretary may modify such limit if necessary to  
                   ensure the pool meets the actuarial value limit).

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             C.    Require, with respect to the premium rate charged  
                for health insurance coverage offered to eligible  
                individuals through the high-risk pool, rates to:

                (1)      Vary only for family size (individual or  
                   family), geographic rating area, and tobacco use.

                (2)      Vary on the basis of age by a factor of not  
                   greater than four to one.

                (3)      Be established at a standard rate for a  
                   standard population.
                                 
                (4)      Meet any other requirements determined  
                   appropriate by the Secretary of DHHS.

          3. PPACA requires the Secretary of DHHS to develop  
             procedures to provide for the transition of eligible  
             individuals enrolled in health insurance coverage  
             offered through a high-risk pool into qualified health  
             plans offered through an Exchange.

          4. PPACA appropriates to the Secretary of DHHS $5 billion  
             to pay claims against (and the administrative costs of)  
             the high-risk pool that are in excess of the amount of  
             premiums collected from eligible individuals enrolled in  
             the high-risk pool.

          This bill:

          1. Establishes a special fund in the State Treasury known  
             as the Federal Temporary High Risk Health Insurance Fund  
             (Fund).  

          2. Requires money in the Fund to be continuously  
             appropriated to MRMIB for the purpose of establishing a  
             federal temporary high-risk pool (federal pool)  
             established under SB 227 (Alquist).

          3. Requires MRMIB to authorize the expenditure of money in  
             the Fund to cover program expenses of the federal pool,  
             including program expenses that exceed subscriber  
             contributions.  

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          4. Requires MRMIB to determine the amount of funds expended  
             for each of these purposes, taking into consideration  
             the requirements of the federal pool established under  
             SB 227.

          5. Permits MRMIB, from amounts transferred to the Fund, to  
             expend sufficient funds to carry out the purposes of the  
             federal pool established by SB 227.  

          6. Prohibits the state from being liable beyond the assets  
             of the Fund for any obligations incurred, or liabilities  
             sustained, in the operation of the program. 

          7. Permits any moneys remaining in the Fund at the end of  
             any fiscal year to be carried forward to the next  
             succeeding fiscal year. 

          8. Requires MRMIB to establish a reserve that is sufficient  
             to prudently operate the program, unless DHHS  
             establishes other procedures to maintain a prudent  
             reserve.

          9. Applies the definitions in SB 227 to the provisions of  
             this bill.

          10.Sunsets the above provisions in this bill on January 1,  
             2020.

          11.Exempts from public disclosure under PRA records of  
             MRMIB related to activities governed by the federal  
             high-risk pool established by SB 227 that reveal  
             negotiations with entities seeking to contract with  
             MRMIB.  The contract between MRMIB and other entities  
             for the federal high-risk pool established by SB 227  
             would be open to inspection one year after their  
             effective date, except the payment rates, which would be  
             open to inspection three years after the contract is  
             open to inspection.

          12.Exempts from public disclosure under the PRA records  
             that reveal negotiations with entities with whom MRMIB  
             is considering a contract, or entities with whom MRMIB  
             is considering or enters into any other arrangement  

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             under which MRMIB provides, receives or arranges  
             services or reimbursement for MRMIB's existing programs  
             and the federal high-risk pool established by SB 227.  

          13.Broadens the scope of the current exemption from public  
             disclosure for MRMIB contracts to include all contracts  
             entered into by MRMIB, and not just contracts for health  
             coverage.

          14.Permits MRMIB to hold closed sessions when considering  
             matters related to the development of rates and  
             contracting strategy for entities contracting, or  
             seeking to contract, with MRMIB under the federal  
             high-risk pool established by SB 227.

          15.Permits MRMIB to hold closed sessions when considering  
             entities with which MRMIB is considering a contract and  
             entities with which MRMIB is considering or enters into  
             any other arrangement under which MRMIB provides,  
             receives, or arranges services or reimbursement under  
             its existing programs and the federal high-risk pool  
             established pursuant to SB 227.

          16.Provides that its provisions become operative only if SB  
             227 is also enacted and becomes operative.

           Background  

          Although most Californians obtain health insurance through  
          their employer, many Californians do not have access to  
          employer-sponsored health coverage and cannot buy private  
          health insurance because they have a pre-existing medical  
          condition.  Since 1991, California has operated a high-risk  
          pool known as MRMIP to provide the medically uninsurable  
          with health coverage.  Premiums paid by individuals  
          receiving coverage are supplemented with state tobacco tax  
          revenues to fund coverage through the program.  MRMIP  
          currently has approximately 6,800 individuals receiving  
          coverage in the program, and approximately 4,700  
          individuals who were previously enrolled in MRMIP under a  
          pilot program and whose costs above the amounts they pay in  
          premiums are split by health plans in MRMIP and the state.   
          However, MRMIP currently has a small waiting list, and the  
          program's current enrollment is much lower than the MRMIP's  

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          maximum enrollment of 21,900 in June 1998.  The 2010-11  
          proposed budget for MRMIP is $37 million.

          In March 2010, President Obama signed into law PPACA  
          (Public Law 111-148) as amended by the Health Care and  
          Education Reconciliation Act of 2010 (Public Law 111-152)  
          to provide coverage for over 90 percent of the presently  
          uninsured population.  Until the implementation of the  
          health insurance exchanges in 2014, individuals with  
          pre-existing conditions, who have not had coverage for the  
          prior six months and who meet certain citizen or residency  
          requirements will be eligible for the temporary high-risk  
          pool program created by PPACA.  

          PPACA appropriated $5 billion in federal funds to support  
          the high-risk pool program, of which California is  
          estimated to receive $761 million.  According to an April  
          2, 2010 letter from the federal DHHS Secretary, states can  
          choose whether and how they participate in the program.  To  
          be eligible to enter into a contract with the Secretary, a  
          state must agree to not reduce the annual amount the state  
          expended for the operation of its high-risk pool.  

          To date, 29 states plus the District of Columbia have  
          elected to operate their own pool, 18 states have elected  
          to have DHHS run the pool, two have deferred the decision  
          and one has not indicated.  In April 2010, Governor  
          Schwarzenegger indicated in a letter to the federal DHHS  
          Secretary his intention to contract with the federal  
          government to operate a temporary health insurance program  
          for currently uninsured individuals with preexisting  
          medical conditions.  The Governor's decision indicated his  
          decision was based on the Secretary's assurances that 100  
          percent of the costs will be provided by the federal  
          government for the duration of the program.  The Governor  
          announced the state will apply to operate the federal  
          high-risk pool alongside the current state high-risk pool  
          under the same governance and operational framework.  
          
           Related Legislation

           SB 227 (Alquist) requires MRMIB to enter into an agreement  
          with DHHS to administer a qualified high-risk pool to  
          provide health coverage, until January 1, 2014, to  

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          individuals who have pre-existing conditions, consistent  
          with PPACA.  SB 227 establishes the authority and  
          requirements for MRMIB in administering the federal pool,  
          consistent with federal law.  SB 227 is operative  
          contingent upon enactment of AB 1887 (Villines), and both  
          bills will sunset on January 1, 2020.

           FISCAL EFFECT  :    Appropriation:  Yes   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Appropriations Committee:

                          Fiscal Impact (in thousands)

             Major Provisions                2010-11     2011-12     
             2012-13               Fund  

            California Federal            up to $761 million from  
            date of             Federal*
            Temporary Health              enactment until January  
            1, 2014
            High Risk Pool
            administration and 
            claims payment

             *   These funds would be accessed to the extent  
              subscriber premiums do not cover the full cost of  
              administration and claims payments.

           SUPPORT  :   (Verified  6/18/10)

          Department of Health Services (source) 
          AARP
          Asthma and Allergy Foundation of America, California  
          Chapter
          Blue Shield
          California Chronic Care Coalition
          California Hepatitis C Task Force
          California Hospital Association
          California Medical Association
          Consumers Union
          Health Access California



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           ARGUMENTS IN SUPPORT  :    AARP writes in support of both  
          this bill and SB 227 that this issue is very important to  
          AARP members as the individuals over age 50 are most likely  
          to be denied coverage on the basis of pre-existing health  
          conditions.  AARP states that, while the federal government  
          will administer the program in California if the state does  
          not, this is not a good option for consumers.  AARP argues  
          the state currently administers a high-risk pool for  
          consumers and will be able to coordinate outreach and  
          enrollment for the two programs so that it is seamless,  
          much less confusing for consumers, and much less likely to  
          result in consumers being dropped between the cracks of the  
          two programs.  The danger of consumers getting lost in the  
          shuffle between two similar programs with distinct  
          eligibility requirements is magnified tremendously by  
          having them administered by two different entities and  
          levels of government, one of which have never before  
          administered such a program.  AARP writes it is much more  
          comfortable that consumers will have meaningful access to  
          state program administrators to deal with the inevitable  
          glitches in any new program.  AARP concludes that this is  
          such an important benefit for AARP members who have been  
          denied coverage based on pre-existing conditions that it  
          does not want to take any chances on a federal system that  
          has been designed in just a few months.

          The California Medical Association (CMA) writes in support  
          that this bill and its companion measure, SB 227 (Alquist)  
          will provide the statutory authority necessary for  
          California to access $761 million in federal funds and  
          provide a vital coverage option to individuals with a  
          pre-existing medical condition.  CMA states it supports  
          high risk pools, as they provide a critical health  
          insurance coverage option to those who do not have  
          employer-sponsored coverage and are otherwise medically  
          uninsurable in the individual market. 


           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Bass, Beall,  
            Bill Berryhill, Blakeslee, Block, Blumenfield, Bradford,  
            Brownley, Buchanan, Caballero, Charles Calderon, Carter,  
            Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,  
            DeVore, Eng, Evans, Feuer, Fletcher, Fong, Fuentes,  

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            Fuller, Furutani, Gaines, Galgiani, Garrick, Gatto,  
            Gilmore, Hagman, Harkey, Hayashi, Hernandez, Hill, Huber,  
            Huffman, Jeffries, Jones, Knight, Lieu, Logue, Bonnie  
            Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande,  
            Niello, Nielsen, V. Manuel Perez, Portantino, Ruskin,  
            Salas, Skinner, Solorio, Audra Strickland, Swanson,  
            Torres, Torrico, Tran, Villines, Yamada, John A. Perez
          NO VOTE RECORDED:  Tom Berryhill, Hall, Norby, Saldana,  
            Silva, Smyth, Torlakson, Vacancy


          CTW:mw  6/18/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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