BILL ANALYSIS                                                                                                                                                                                                    






                                 SENATE HEALTH
                               COMMITTEE ANALYSIS
                        Senator Elaine K. Alquist, Chair


          BILL NO:       AB 2244                                      
          A
          AUTHOR:        Feuer                                        
          B
          AMENDED:       April 27, 2010                              
          HEARING DATE:  June 23, 2010                                
          2
          CONSULTANT:                                                 
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          Bain/                                                       
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              4                                        
                                     SUBJECT
                                         
                              Health care coverage

                                    SUMMARY  

          Requires guaranteed issue of health plan and health  
          insurance products for children in 2011 and adults in 2014.  
           Establishes standard individual market rating factors  
          (age, geographic region, family composition and health  
          benefit plan design).  Limits premium variation for  
          children's coverage until 2014 by requiring health plans  
          and health insurers to use "rate bands" that limit premium  
          variation to no more than a specified percentage of a  
          standard rate for a child in each particular rating  
          category and benefit plan.


                             CHANGES TO EXISTING LAW  

          Existing federal law:
          The federal Patient Protection and Affordable Care Act  
          (Public Law 111-148) known as PPACA requires each health  
          insurance issuer that offers health insurance coverage in  
          the individual or group market to accept every employer and  
          individual that applies for such coverage.  This  
          requirement is known as "guaranteed issue."  PPACA allows a  
          health insurance issuer to restrict enrollment in coverage  
                                                         Continued---



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          to open or special enrollment periods.  Additionally, a  
          health insurance issuer must establish special enrollment  
          periods for qualifying events.  The federal Secretary of  
          the Department of Health and Human Services (DHHS) must  
          promulgate regulations regarding enrollment periods and  
          qualifying events.

          PPACA establishes rating factors for individual and small  
          group health insurance, effective January 1, 2014, that  
          prohibit rates from varying with respect to the particular  
          plan only by the following factors:

           Whether the plan or coverage covers an individual or  
            family;
           The geographic rating area (each state must establish one  
            or more rating areas within the state);
           Age, except that rates are prohibited from varying by  
            more than 3 to 1 for adults, consistent with federal law;  
            and,
           Tobacco use, except that rates are prohibiting from  
            varying by more than 1.5 to 1.

          PPACA prohibits a group or individual health plan from  
          imposing any pre-existing condition exclusion.  This  
          provision becomes effective for adults in 2014 and for  
          children on September 23, 2010.

          PPACA establishes a requirement to maintain minimum  
          essential health coverage, establishes phased-in tax  
          penalties for failure to maintain such coverage, and allows  
          exemptions from this requirement, such as for religious  
          reasons, hardship, or because an individual is low-income.   
          The requirement to maintain minimum essential health  
          coverage takes effect January 1, 2014 and is referred to as  
          the "individual mandate."

          Existing state law:
          Licenses and regulates health plans, by the Department of  
          Managed Health Care (DMHC), and health insurers, by the  
          California Department of Insurance (CDI).

          Existing state law does not require guarantee issue or  
          limit the premiums for individuals in the individual health  
          insurance market, except premiums are regulated for  
          individuals eligible under federal law who previously had  




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          18 months of group coverage and who have exhausted  
          COBRA/Cal-COBRA coverage.

          Existing law establishes requirements for health plans that  
          provide coverage to small employers.  Specifically, this  
          body of law: 

           Requires health plans to fairly and affirmatively offer,  
            market, and sell health coverage to small employers.   
            This is known as "guaranteed issue."

           Requires health plans to offer, market, and sell all of  
            the health plan's contracts that are sold to small  
            employers, to any small employers in each service area in  
            which the plan provides health care services.  This is  
            known as an "all products" requirement.

           Requires renewal of coverage, at the option of the  
            policyholder, unless there is fraud or nonpayment of  
            premium or the health plan leaves the market.  This is  
            known as "guaranteed renewal."

           Restricts a plan's ability to set initial and renewal  
            premium rates to a group of specified risk categories  
            (age, region, family size, and health benefit plan) and  
            allows only a limited premium variance of plus or minus  
            10 percent from a standard rate based on health status.   
            The limitation on premium variance is referred to as  
            "rate bands."

           Limits pre-existing condition exclusions to six months  
            from the individuals' effective date of coverage, with a  
            requirement that health plans credit policyholders for  
            the time the individual was covered under previous  
            coverage. 

          Prohibits pre-existing condition exclusions of more than 12  
          months in policies and contracts covering one or two  
          individuals, with a requirement that plans credit enrollees  
          for the time the individual was covered under prior  
          coverage.

          This bill:
          Requires health plans/insurers, effective January 1, 2011,  
          to offer coverage to the responsible party for any child  




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          that seeks coverage (the responsible party is an adult with  
          custody and the right to make medical decisions for the  
          child).  Requires health plans/ insurers, effective January  
          1, 2014, to offer coverage to any adult who seeks coverage.  
           This is known as "guaranteed issue."

          Requires, effective January 1, 2011, health plans/insurers  
          to fairly and affirmatively offer, market, and sell all of  
          the plan's health plan contracts that are offered and sold  
          to the responsible party for a child.  Requires, effective  
          January 1, 2014, a health plan to fairly and affirmatively  
          offer, market, and sell all of the plan/insurer's health  
          plan contracts that are sold to adults.  This is known as  
          an "all products" requirement.

          Prohibits, effective January 1, 2011, health plans and  
          health insurers offering contracts to children from  
          excluding or limiting coverage due to any pre-existing  
          condition.

          Prohibits, effective January 1, 2014, health plans/insurers  
          offering contracts to adults from excluding or limiting  
          coverage due to any pre-existing condition.

          Defines the rating period as the period for which premium  
          rates established by a plan/insurer are in effect and,  
          requires the rating period to be no less than 12 months.  
           
          Requires all health benefit plans offered to an adult or a  
          child to provide at least all of the basic health care  
          services in this bill.

          Establishes standard rating categories of age, geographic  
          region, family composition and health benefit plan design  
          selected.  Limits, until January 1, 2014, the age  
          categories for children to 3 categories:  under age 5, age  
          5 to 15 and age 15 to 19.  Prohibits the rate from varying  
          more than 2 to 1 for children.

          Establishes, for rating purposes, four family size  
          categories:  single, married couple, one adult and child or  
          children, and married couple and child or children.

          Prohibits, effective January 1, 2011, a health plan/insurer  
          from excluding any child who would otherwise be entitled to  




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          health care services on the basis of an actual or expected  
          health condition of that child.  Prohibits a health plan  
          contract from limiting or excluding coverage for a child by  
          type of illness, treatment, medical condition, or accident.  
           Applies these prohibitions to coverage for adults,  
          effective January 1, 2014. 

          Requires health plan contracts to be guaranteed renewable  
          except for nonpayment of premium or fraud or  
          misrepresentation.

          Requires premiums for a child in a particular risk category  
          to be no more than 120 percent or no less than 80 percent  
          of the plan's standard risk rate until January 1, 2012.   
          Effective January 1, 2012, this factor may not be more than  
          110 percent or less than 90 percent.  The limit on premium  
          variance is referred to as "rate bands."  The standard risk  
          rates must remain in effect for no less than 12 months.  

          Requires disclosures in plan and insurer solicitation and  
          sales materials of specified information, including a  
          summary brochure that summarizes all of its plan contracts.

          Permits DMHC and CDI to issue regulations to carry out the  
          purpose of this bill.
                                         

                                 FISCAL IMPACT  

          According to the Assembly Appropriations Committee:

          1)Fee-supported (health plan fees) special fund costs of   
            $600,000 to $700,000, combined, to DMHC and CDI to  
            establish regulations related to the requirements of this  
            bill.  Absorbable, on-going workload to each department  
            to continue oversight of the individual insurance market.

          2)Unknown, potentially significant state savings, in excess  
            of tens of millions of dollars, to the extent this bill  
            reduces enrollment in or reimbursements by Medi-Cal,  
            Healthy Families, or the California Children's Services  
            (CCS) programs.  Because this bill increases the  
            availability of private health insurance to children with  
            pre-existing health conditions, children and families may  
            rely less on publicly funded health programs.  For  




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            example, California currently spends about $2 billion  
            (all funds) on the CCS program.  Some of these costs will  
            likely shift to private health coverage.


                            BACKGROUND AND DISCUSSION  

          According to the author, the newly enacted federal health  
          care reform law prohibits the use of pre-existing condition  
          exclusions for children in the individual market.  The  
          author maintains there was a dispute between insurers and  
          the federal government about whether the new federal law  
          requires guaranteed issue for children, and this bill would  
          clarify that for California.  According to the author, the  
          new federal law also does not specifically address rating  
          rules in the individual market prior to 2014.  The author  
          maintains that this bill will align California law with the  
          federal health care reform law and will ensure that  
          children cannot be denied health insurance coverage, or be  
          charged more because of a pre-existing condition.

          Background
          In March 2010, President Obama signed PPACA, as amended by  
          the Health Care and Education Reconciliation Act of 2010  
          (Public Law 111-152).  Among its many provisions, the new  
          law prohibits group health plans or individual health  
          insurance carriers from imposing any pre-existing condition  
          exclusion on coverage.  In September 2010, insurers will no  
          longer be able to have a pre-existing condition exclusion  
          for coverage of children.  Insurers will not have to meet  
          this same requirement for adults until January 2014.

          According to a March 28, 2010 New York Times article, just  
          days after the President signed PPACA into law, there was a  
          dispute over the language in the law regarding the  
          pre-existing conditions coverage provisions.  While  
          insurers agreed that health insurance carriers offering  
          individual or group coverage were unable to impose a  
          pre-existing condition exclusion on coverage for children  
          beginning in September 2010, the article stated insurers  
          disagreed that the law required them to "guarantee issue"  
          coverage to children until 2014.

          The federal Secretary of the Department of Health and Human  
          Services (DHHS) wrote to the president of the America's  




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          Health Insurance Plans (AHIP) stating that, "To ensure that  
          there is no ambiguity on this point, I am preparing to  
          issue regulations in the weeks ahead ensuring that the  
          pre-existing condition exclusion applies to both a child's  
          access to a plan and his or her benefits once he or she is  
          in the plan."  The Secretary further noted that regulations  
          would make clear that by September 2010, children with  
          pre-existing conditions may not be denied access to their  
          parents' health insurance plan, and that insurance  
          companies will no longer be allowed to insure a child but  
          exclude treatments for that child's pre-existing condition.  
           

          In response, AHIP's president wrote to the Secretary that  
          AHIP would accept the clarification of the new law and,  
          fully comply with it.  AHIP further added that, "AHIP  
          members would be ready to work with DHHS to implement the  
          new regulations."

          The individual insurance market and standard rating factors
          Approximately 2 to 2.5 million Californians purchase  
          individual health insurance, representing approximately 7  
          percent of Californians.  When individuals and families  
          apply for individual health coverage, they fill out an  
          application that asks detailed questions about their  
          current health status, current medication use and past  
          health history.  Health plans use this information to  
          determine whether to offer the individual/family coverage,  
          how much they will pay in premiums, and whether to impose a  
          pre-existing condition exclusion or a waiting period before  
          coverage takes effect.  

          PPACA establishes rating factors for individual and small  
          group health insurance that prohibit rates from varying  
          except for the following factors:  geographic region,  
          family size (individual or family), age (except that rates  
          are prohibited from varying by more than 3 to 1 for  
          adults), health benefit plan, and tobacco use (except that  
          rates are prohibited from varying by more than 1.5 to 1). 

          The standard rating categories established by this bill for  
          individual coverage are age, geographic region, family  
          composition, age and health benefit plan design selected.   
          For geographic region, this bill uses the same geographic  
          rating rules that apply to the health plans and insurers  




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          selling coverage to small employers.  For plans operating  
          statewide, the small group geographic rating provision  
          means a plan cannot use more than nine geographic regions  
          in the state, divide no county into more than two regions,  
          and have no region smaller than an area in which the first  
          three digits of all its ZIP Codes are in common within a  
          county.

          For family size, this bill establishes four family size  
          categories:  single, married couple, one adult and child or  
          children and married couple and child or children.

          Federal law does not establish age-rating categories for  
          children, or have a maximum ratio that prohibits the  
          maximum premium rate for children's coverage from exceeding  
          a minimum premium amount (such as 3 to 1 for adults in  
          federal law).  Under this bill, until January 1, 2014, the  
          age categories for children are required to fall within  
          three age categories:  under age 5, age 5 to 15 and age 15  
          to 19.  This bill also prohibits the rate for children's  
          coverage from varying more than 2 to 1, meaning within each  
          age band (e.g., age 5 to 15), the highest rate charged for  
          a child for a particular product in the same region could  
          not be more than twice that of the lowest rate.  

          For children's premium rates prior to 2014, this bill  
          requires the use of "rate bands" to limit premium variation  
          in the individual market based on the "phased in" approach  
          taken in the state's small group health insurance  
          requirements.  In California's small group health insurance  
          law, health plans and health insurers file a standard rate  
          based on a particular age, family size, geographic area and  
          benefit plan design.  For purposes of illustration, under  
          this bill, a child in Sacramento enrolled in a particular  
          individual product could have a standard monthly rate of  
          $100.  A rate band of +/- 20 percent would allow a plan to  
          charge a child with lower-than-expected health care costs  
          of $80 per month, and a child with higher-than-expected  
          health care costs of $120 per month.  Similarly, a rate  
          band of +/-10 percent for a child with a standard rate of  
          $100 could be charged a premium of $90 to $110.  

          This bill requires the use of rate bands of +/- 20 percent  
          until January 1, 2012, and +/- 10 percent until January 1,  
          2014.  In 2014, PPACA prohibits health plans from varying  




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          premiums for each rating category, except for tobacco use.   
          Plans can charge more for a tobacco user using a ratio of 1  
          to 1.5.  In the above example, under federal law, an  
          individual with a standard rate of $100 could be charged  
          $150 if he or she used tobacco.  This bill would prohibit  
          such a "rate up" for tobacco use.

          The chart below shows how the rating rules established by  
          PPACA compared with the provisions of this bill.








































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           -------------------------------------------------------- 
          | Rating Rule  |       PPACA       |       AB 2244       |
          |--------------+-------------------+---------------------|
          |Rates Vary by |Allowed; state     |Allowed; same        |
          |Geography     |establishes rating |geographic rating as |
          |              |area, federal      |used in state small  |
          |              |Secretary of DHHS  |group health         |
          |              |reviews.           |insurance law (up to |
          |              |                   |9 regions allowed).  |
          |--------------+-------------------+---------------------|
          |Rates Vary by |Allowed.           |Allowed.             |
          |Age           |No specific        |3 age categories     |
          |(Children)    |categories of age, |until 2014:          |
          |              |or 2 to 1 limit.   |                     |
          |              |                   | Under age 5        |
          |              |                   | Age 5-15           |
          |              |                   | Age 15-19          |
          |              |                   |                     |
          |              |                   |Rates cannot vary    |
          |              |                   |more than 2 to 1.    |
          |--------------+-------------------+---------------------|
          |Limits on     |No rate bands.     |Establishes rate     |
          |Premium       |Standard rates     |bands on premiums    |
          |Variance for  |required in 2014.  |based on a standard  |
          |Children      |Rating on tobacco  |rate as follows:     |
          |Through "Rate |allowed after      | +/- 20 percent     |
          |Bands"        |2014, except rates |  from January 2011  |
          |              |may not vary by    |  until January      |
          |              |more than 1.5 to   |  2012.              |
          |              |1.                 |  +/- 10 percent    |
          |              |                   |  from January 2012  |
          |              |                   |  until January      |
          |              |                   |  2014.              |
          |--------------+-------------------+---------------------|
          |Rating up     |Allowed except     |Not allowed after    |
          |Based on      |rates may not vary |2014.                |
          |Tobacco Use   |by more than 1.5   |                     |
          |              |to 1.              |                     |
          |--------------+-------------------+---------------------|
          |Rates Vary by |Allowed.  2        |Allowed.  4          |
          |Family Size   |categories:        |categories:          |
          |              | Single           | Single             |
          |              |  Family          | Married Couple     |
          |              |                   | One adult and      |




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          |              |                   |  child or children  |
          |              |                   |  Married couple and |
          |              |                   |child or children.   |
           -------------------------------------------------------- 
          
          Arguments in support
          This bill is sponsored by Health Access California (HAC)  
          and supported by children's and consumer groups, which  
          argue no child should be denied health insurance because of  
          a pre-existing medical condition, that no child should be  
          sold insurance that does not cover pre-existing conditions,  
          and premiums for children should be based on age and  
          geographic region and not health status.  HAC intends this  
          measure to provide early implementation of federal health  
          reform for a segment of the market that already has  
          substantial subsidies available (through Medi-Cal and  
          Healthy Families coverage up to 250 percent of the federal  
          poverty level) for low- and moderate-income children.  HAC  
          also intends this bill to provide a transition to health  
          reform modeled on the successful small employer market  
          rules by phasing in modified community rating, and by  
          limiting and then eliminating premium variation based on  
          health status.  HAC argues that not all families with  
          children who are eligible for Medi-Cal and Healthy Families  
          can afford premiums for private insurance, but HAC argues a  
          greater number could afford it if premiums for private  
          insurance were no longer increased due to health  
          conditions, and that this could produce state savings to  
          the General Fund in the tens or hundreds of millions of  
          dollars from reduced enrollment in Healthy Families and  
          Medi-Cal.

          Support if amended
          Blue Shield of California (Blue Shield) writes that, in  
          order to implement provisions of PPACA that relate to  
          children's health care coverage in a manner that does not  
          cause undue disruption to California insurance markets, it  
          asks for the following amendments in this bill:

        1) An annual open enrollment period for children to seek and  
             gain coverage on a guarantee issue basis.  Blue Shield  
             argues that without an annual open enrollment period,  
                                                      nothing would prevent parents from enrolling their  
             children only when health care is needed and  
             disenrolling them when they do not need care;




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        2) An effective date of coverage that applies a certain  
             number of days (for example, 30 days) after an  
             application is received;
        3) A standard lock-out period to ensure that parents are  
             dissuaded from dropping coverage for their children when  
             they are healthy.  For example, if coverage is dropped  
             (or cancelled for nonpayment of premium), a parent could  
             not reapply until the lock-out period concludes;
        4) Authority for insurers to coordinate benefits between  
             multiple policies to ensure that only one payment is  
             made for a claim if a child has coverage from more than  
             one source;
        5) Greater flexibility on age bands so that insurers can  
             retain the use of two age bands for children (under one  
             year of age and from one to eighteen years of age).   
             Blue Shield argues retaining the two age band structure  
             is important so that one to eighteen year olds do not  
             see a large spike in premiums due to having to subsidize  
             the significantly higher costs attributable to newborns;
        6) Language allowing an insurer to retain their existing  
             family tier structure and geographic regions; and,
          7) Other technical changes to conform with PPACA.

          Arguments in opposition
          The Association of California Life and Health Insurance  
          Companies (ACLHIC), Anthem Blue Cross (ABC), and the  
          California Association of Health Plans (CAHP) write in  
          opposition that this bill goes well beyond the provisions  
          in PPACA.  CAHP and ACLHIC argue that the Legislature  
          should wait for further guidance from the federal  
          government to ensure its actions are consistent with  
          federal requirements and definitions.
          
          Related bills
          SB 890 (Alquist) makes a number of changes to the  
          individual market, including requiring health plans and  
          health insurers in the individual market to offer  
          standardized products (five preferred provider organization  
          products and five health maintenance organization  
          products), and prohibiting plans and insurers from offering  
          other products.  SB 890 also establishes standard rating  
          factors, including requiring health plans to change premium  
          rates for adults based on one-year changes in a person's  
          age, establishing additional standard rating factors  
          (geography, family size, benefit plan design) and by  




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          limiting premium variation and requiring premium increases  
          to be spread across the entire individual market.

          AB 1602 (Perez) makes a number of changes to implement  
          federal health care reform including establishing a health  
          insurance exchange, prohibiting annual and lifetime benefit  
          limits and prohibiting a health plan or health insurer, on  
          or after September 23, 2010, from imposing any pre-existing  
          condition exclusion on children under 19 years of age,  
          effective on or after September 23, 2010.

                                  PRIOR ACTIONS

           Assembly Health:         11-6
          Assembly Appropriations: 12-5
          Assembly Floor:          50-25

                                     COMMENTS
           

          1.  Guaranteed issue.  PPACA requires "guaranteed issue"  
          effective January 1, 2014, and also generally requires  
          individuals to have health insurance coverage, a provision  
          known as an "individual mandate," which also begins in 2014  
           For children, the federal government has interpreted the  
          pre-existing condition exclusion provision as requiring  
          guaranteed issue, and this provision takes effect this  
          year.  One of the policy concerns with guaranteed issue is  
          individuals waiting until they have an immediate need for  
          health care services before buying health coverage, which  
          results in an increase in premium rates overall.  The  
          individual mandate is intended to keep individuals in the  
          health insurance "risk pool" so that people are paying for  
          insurance coverage both when they are healthy and when they  
          need medical care.  

          The PPACA provision requiring guaranteed issue also allows  
          health plans to restrict enrollment in coverage to open or  
          special enrollment periods, and charges the federal  
          Secretary of DHHS with promulgating regulations regarding  
          enrollment periods and qualifying events.  These  
          regulations have not been issued to date.  A policy  
          tradeoff posed by guaranteed issue is the concern over  
          increased health insurance premium rates versus the need  
          for individuals to buy coverage to ensure access to medical  




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          care, financial protection, and beginning in 2014, the need  
          to comply with the federal individual mandate. 

          2.  Family size categories.  This bill has four family size  
          categories based on the state's small group health  
          insurance law, as follows:

                 Single;
                 Married couple;
                 One adult and children or children; and,
                 Married couple and child or children.  






            Federal law permits two family size categories (single  
            and family).  

            SB 890 (Alquist) allows six family size categories, based  
            on the language in ABX1 1:

            Single;
                 More than one child 18 years of age or under and no  
               adults;
                 Married couple or registered domestic partners; 
                 One adult and child;
                 One adult and children; and,
                 A married couple and child or children, or  
               registered domestic partners and child or children.  

            Amendments are needed to reconcile the family size  
            categories in this bill and SB 890.
            
          3.  Premium variation.  Both this bill and SB 890 (Alquist)  
          limit premium variation.  AB 2244 limits premium variation  
          using rate bands for children's coverage, to +/- 20 percent  
          effective January 1, 2011, which means a ratio of 1.5 to 1,  
          and +/- 10 percent effective January 1, 2012, which means a  
          ratio of 1.2 to 1.  

          SB 890 requires premium variation between the highest risk  
          category and the lowest risk category for individual  
          coverage generally (including children) to vary by no more  




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          than a ratio of 2 to 1, effective January 1, 2011.   
          Amendments are needed to reconcile the premium variation  
          range in this bill and SB 890.  
           
           4.  Drafting Notes
             a)    The rate bands for "in force" business in this  
               bill appear to contain a drafting error where the +/-  
               20 percent rate band is in effect until January 1,  
                2011  , which is the same date as the effective date of  
               this bill (see Section 1399.836(b)).  A recommended  
               amendment would be to change that date to January 1,  
                2012  , after which the +/- 10 percent rate band would  
               take effect. 
             b)   This bill requires the +/- 10 percent rate bands  
               for children take effect January 1, 2012.  In 2014,  
               PPACA prohibits health plans from varying premiums for  
               each rating category, except for tobacco use.  In one  
               part of this bill, the rate bands continue after  
               January 1, 2012, but in the definition sections of  
               this bill, the rate bands end on January 1, 2014 and a  
               standard rate would apply for both children and  
               adults.  The author may wish to clarify if his intent  
               is to allow the continued use of rate bands for  
               children after 2014. 
             c)   This bill requires all health benefit plans offered  
               to an individual or a child to provide at least all of  
               the basic health care services in this bill.  However,  
               this bill does not define basic health care services  
               or specifically contain provisions requiring basic  
               health services to be provided.  An amendment is  
               needed to clarify this provision of the bill.

                                    POSITIONS  
                                        
          Support:  Health Access California (sponsor)
                    AARP
                    American Federation of State, County and  
          Municipal Employees, AFL-CIO
                 California School Employees Association
                 Congress of California Seniors
                 Consumers Union
                 The 100% Campaign

          Oppose:   Anthem Blue Cross
                 Association of California Life & Health Insurance  




          STAFF ANALYSIS OF ASSEMBLY BILL 2244 (Feuer)          Page  
          16


          

          Companies
                 California Association of Health Plans



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