BILL ANALYSIS                                                                                                                                                                                                    






                                 SENATE HEALTH
                               COMMITTEE ANALYSIS
                        Senator Elaine K. Alquist, Chair


          BILL NO:       AB 2345                                      
          A
          AUTHOR:        De La Torrre                                 
          B
          AMENDED:       June 16, 2010                               
          HEARING DATE:  June 30, 2010                                
          2
          CONSULTANT:                                                 
          3
          Hansel/cjt                                                   
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                                      5
                                                                   
                                         
                                    SUBJECT
                                         
               Health care coverage:  federal health care reform

                                     SUMMARY  

          Requires group and individual health care service plan  
          contracts and health insurance policies to provide  
          coverage, and not impose cost-sharing requirements, for  
          preventive services as specified by the Patient Protection  
          and Affordable Care Act (PPACA).  Expresses the intent of  
          the Legislature to enact legislation to adopt as state law  
          various patient protection provisions of the PPACA and to  
          require DMHC and the Department of Insurance to post a link  
          on their respective Internet websites to the Internet  
          website of the federal Department of Health and Human  
          Services to provide information about affordable and  
          comprehensive health care coverage options.


                             CHANGES TO EXISTING LAW  

          Existing federal law:
          Requires, under the PPACA (Public Law 111 - 148), health  
          plans and issuers, subject to the minimum interval  
          established by the US Secretary Health and Human Services,  
          to provide coverage, and not impose cost-sharing  
                                                         Continued---



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          requirements, for the following preventive services with  
          respect to plan years beginning on and after September 23,  
          2010

           Evidence-based items or services that have in effect a  
            rating of `A' or `B' in the current recommendations of  
            the United States Preventive Services Task Force, with  
            specified exceptions.  

           Immunizations that have in effect a recommendation from  
            the Advisory Committee on Immunization Practices of the  
            Centers for Disease Control and Prevention with respect  
            to the individual involved; and

           With respect to infants, children, and adolescents,  
            evidence-informed preventive care and screenings provided  
            for in the comprehensive guidelines supported by the  
            Health Resources and Services Administration.

           With respect to women, such additional preventive care  
            and screenings not otherwise described above as provided  
            for in comprehensive guidelines supported by the Health  
            Resources and Services Administration for purposes of  
            this paragraph.

          Provides under that PPACA that a plan or issuer may provide  
          coverage for services in addition to those recommended by  
          United States Preventive Services Task Force, and may deny  
          coverage for services that are not recommended by the Task  
          Force.

          Contains, under the PPACA, numerous consumer and patient  
          protections, including those that:
           Prohibit sponsors of group health plans, other than  
            self-insured plans, from establishing eligibility rules  
            for full-time employees that are based on the total  
            hourly or annual salary, or otherwise have the effect of  
            discriminating in favor of higher- wage employees.

           Require health plans and insurers to implement processes  
            for appeals of coverage determinations and claims that  
            meet certain minimum requirements, including 
            providing notice and information to enrollees in a  
            culturally and linguistically appropriate manner;  
            allowing an enrollee to review their file, present  




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            evidence and testimony as part of the appeals process,  
            and receive continued coverage pending the outcome of the  
            appeals process; and providing an external review process  
            that meets certain minimum requirements, as specified.

           Require health care service plans and health insurers to  
            comply with specified patient protections pertaining to  
            choice of provider, coverage of emergency conditions,  
            designation of pediatric specialists as primary care  
            providers, and access to ob/gyns, and establishment of  
            medical reimbursement data centers, as specified. 

          Requires, under the PPACA, the Secretary of the U.S.  
          Department of Health and Human Services, no later than July  
          1, 2010, to establish a mechanism, including an Internet  
          website, through which a resident of any state may identify  
          affordable health insurance coverage options in that state.

          Existing state law:
          Provides for the licensure and regulation of health care  
          service plans by the Department of Managed Health Care and  
          of health insurers by the Department of Insurance. 

          Requires DMHC-regulated health plans to provide all  
          medically necessary basic health care services, as defined.  
           Permits DMHC to define the scope of the required services  
          and to exempt plans from the requirement for good cause.  

          Requires every health plan or insurer that covers hospital,  
          medical, or surgical expenses, on a group basis, to provide  
          certain preventive health care benefits for children,  
          including immunizations. 

          This bill:
          Requires group and individual health care service plan  
          contracts and health insurance policies issued, amended,  
          renewed, or delivered on or after September 23, 2010, to  
          provide coverage, and not impose cost-sharing requirements,  
          for preventive services as specified by the PPACA, subject  
          to the minimum interval established by the U.S. Secretary  
          of Health and Human Services pursuant to the PPACA.  

          Expresses the intent of the Legislature to enact  
          legislation to adopt as state law the patient protection  
          provisions of the PPACA dealing with eligibility of  




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          employees for group health coverage and prohibiting  
          discrimination in favor of higher-wage employees; appeals  
          of coverage determinations and claims; and patient  
          protections pertaining to choice of provider, coverage of  
          emergency conditions, designation of pediatric specialists  
          as primary care providers, and access to ob/gyns, and  
          provide for establishment of medical reimbursement data  
          centers, as specified. 

          Expresses intent to enact legislation to require DMHC and  
          the Department of Insurance to post a link on their  
          respective Internet websites to the Internet website of the  
          federal Department of Health and Human Services where  
          consumers may easily obtain information about affordable  
          and comprehensive health care coverage options under the  
          PPACA.
          

                                  FISCAL IMPACT  

          The bill in its present amended form has not been analyzed  
          by a fiscal committee.


                            BACKGROUND AND DISCUSSION  

          According to the author, AB 2345 will require group or  
          individual health care service plans and insurers to  
          provide preventive health care services with no  
          cost-sharing, in accordance with the requirements of the  
          PPACA.  The bill also expresses intent to adopt provisions  
          in the PPACA prohibiting group health plans from  
          discriminating in favor of highly compensated individuals  
          as to their eligibility to participate in the plan and  
          benefits included in the plan, requiring plans and insurers  
          to provide an internal claims and appeals process,  
          requiring plans and insurers to comply with several patient  
          protections in the PPACA, and to require DMHC and CDI to  
          post a link on their websites and to the website the U.S.  
          Department of Health and Human Services they will be  
          developing pursuant to the PPACA, to enable consumers to  
          easily obtain information about affordable and  
          comprehensive health care coverage options.

          U.S. Preventive Services Task Force




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          Included in the preventive services, this bill would  
          require health plans and insurers to cover effective  
          September 23, 2010, are those services that have an 'A' or  
          'B' rating in the most current recommendations of the U.S.  
          Preventive Services Task Force (USPSTF).  The USPSTF, first  
          convened by the U.S. Public Health Service in 1984, and  
          since 1998 sponsored by the Agency for Healthcare Research  
          and Quality (AHRQ), is the leading independent panel of  
          private-sector experts in prevention and primary care. The  
          USPSTF conducts rigorous, impartial assessments of the  
          scientific evidence for the effectiveness of a broad range  
          of clinical preventive services, including screening,  
          counseling, and preventive medications. Its recommendations  
          are considered the "gold standard" for clinical preventive  
          services.

          The USPSTF makes recommendations that certain services be  
          provided based on the risk and benefit of the service and  
          the level of evidence supporting the provision of the  
          service, and classifies services as follows:

           Level A:  Good scientific evidence suggests that the  
            benefits of the clinical service substantially outweighs  
            the potential risks. Clinicians should discuss the  
            service with eligible patients. 

           Level B:  At least fair scientific evidence suggests that  
            the benefits of the clinical service outweighs the  
            potential risks. Clinicians should discuss the service  
            with eligible patients. 

           Level C:  At least fair scientific evidence suggests that  
            there are benefits provided by the clinical service, but  
            the balance between benefits and risks are too close for  
            making general recommendations. Clinicians need not offer  
            it unless there are individual considerations. 

           Level D:  At least fair scientific evidence suggests that  
            the risks of the clinical service outweighs potential  
            benefits. Clinicians should not routinely offer the  
            service to asymptomatic patients. 

           Level I:  Scientific evidence is lacking, of poor  
            quality, or conflicting, such that the risk versus  
            benefit balance cannot be assessed. Clinicians should  




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            help patients understand the uncertainty surrounding the  
            clinical service.

          Advisory Committee on Immunization Practices
          Also included in the preventive services that health plans  
          and insurers would be required to cover are immunizations  
          that have in effect a recommendation from the Advisory  
          Committee on Immunization Practices (ACIP) of the Centers  
          for Disease Control and Prevention (CDC).  The ACIP  
          consists of 15 experts in fields associated with  
          immunization, who have been selected by the Secretary of  
          the U. S. Department of Health and Human Services to  
          provide advice and guidance to the Secretary, the Assistant  
          Secretary for Health, and the Centers for Disease Control  
          and Prevention on the control of vaccine-preventable  
          diseases.  In addition to the 15 voting members, ACIP  
          includes 8 ex officio members who represent other federal  
          agencies with responsibility for immunization programs in  
          the United States, and 26 non-voting representatives of  
          liaison organizations that bring related immunization  
          expertise.

          The role of the ACIP is to provide advice that will lead to  
          a reduction in the incidence of vaccine-preventable  
          diseases in the United States, and an increase in the safe  
          use of vaccines and related biological products.  The  
          committee develops written recommendations for the routine  
          administration of vaccines to children and adults in the  
          civilian population; recommendations include age for  
          vaccine administration, number of doses and dosing  
          interval, and precautions and contraindications. The ACIP  
          is the only entity in the federal government that makes  
          such recommendations. 

          HRSA Guidelines for preventive care and screenings for  
          infants, children and adolescents (Bright Futures  
          Guidelines)
          Under the bill, health plans and insurers would be required  
          to cover evidence-informed preventive care and screenings  
          for infants, children, and adolescents, as provided for in  
          the comprehensive guidelines supported by the Health  
          Resources and Services Administration (HRSA) (referred to  
          as the Bright Futures Guidelines).  These are comprehensive  
          guidelines addressing health promotion and disease  
          prevention in infancy, early childhood, middle childhood,  




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          and adolescence. Through collaboration between the HRSA  
          Maternal and Child Health Bureau and the National Center  
          for Education in Maternal and Child Health at Georgetown  
          University in Washington, D.C., the Bright Futures  
          Guidelines were developed by interdisciplinary panels of  
          experts from a wide variety of child health fields, such as  
          dental care, nutrition, nursing, and pediatrics. 

          Related bills

          AB 1602 (Perez) among its provisions, requires, effective  
          September 23, 2010, health plans and health insurers to, at  
          minimum, provide coverage for and not impose any cost-  
          sharing requirements for preventive services as specified  
          by the PPACA.  Scheduled to be heard in Senate Health  
          Committee on June 30, 2010.
          
          AB 2787 (Monning) establishes the Office of the California  
          Health Ombudsman, to educate consumers on their health care  
          coverage rights and responsibilities, assist consumers with  
          enrollment in health care coverage, and resolve problems  
          with obtaining federal premium tax credits.  Scheduled to  
          be heard in Senate Health Committee on June 30, 2010.
          
          Arguments in opposition
          The Association of California Life and Health Insurance  
          Companies has taken an oppose unless amended position.   
          ACLHIC states that at this time, it has not been officially  
          determined whether the PPACA requires health insurers to  
          cover out-of-network preventative services.  ACLHIC  
          requests an amendment to clarify that if PPACA (through  
          future clarification or regulation) is interpreted to not  
          include coverage for out-of-network services, then  
          California law would also not require coverage for  
          out-of-network services.
          
          
                                  PRIOR ACTIONS
                             (Prior version of bill)
                                        
          Assembly Health:         13-0
          Assembly Floor:     52-11

                                     COMMENTS
           




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          1.  Existing patient protections may be stronger in some  
          cases.  With regard to some of the patient protections of  
          the PPACA that the bill expresses intent to conform to, for  
          example, appeals processes for coverage determinations and  
          coverage of emergency conditions, existing California law  
          may be stronger than the PPACA.  A suggested amendment  
          would be to delete subdivisions (a) - (c) of Section 3 of  
          the bill, which express the intent of the Legislature to  
          enact legislation to conform to the PPACA with regard to  
          eligibility for group coverage, choice of provider, appeals  
          processes, and coverage of emergency conditions, to allow  
          for a more complete analysis of how state and federal law  
          compare in these areas.


                                    POSITIONS  
                                        
          Support:  None received

          Oppose:  Association of California Life and Health Insurers  
          Companies (unless
                   Amended)






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