BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2470
                                                                  Page  1

          Date of Hearing:   April 14, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

              AB 2470 (De La Torre) - As Introduced:  February 19, 2010

          Policy Committee:                              Health Vote:13-5

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

           SUMMARY  

          This bill establishes requirements for health plans licensed by  
          the Department of Managed Health Care (DMHC) and health insurers  
          (carriers) subject to regulation by the California Department of  
          Insurance (CDI), related to rescission, or the retroactive  
          cancellation of health coverage. Specifically, this bill: 

          1)Requires DMHC and CDI to establish regulations for standard  
            information and health history questions for use in individual  
            health care coverage application forms. Requires carriers to  
            adopt and implement written medical underwriting policies and  
            procedures, and to file the policies and procedures with the  
            respective regulator for use after January 1, 2012.

          2)Requires carriers to complete medical underwriting prior to  
            issuing an insurance policy. After an individual policy is  
            issued, prohibits the cancellation or rescission of the  
            contract or policy unless specified conditions are met with  
            respect to an applicant intentionally misrepresenting or  
            omitting information. 

          3)Requires DMHC and CDI to establish an independent review  
            process (IRP) by January 1, 2012, to review health plan and  
            insurer decisions to cancel or rescind individual health plan  
            contracts. Requires all decisions to cancel or rescind be  
            reviewed in the IRP, unless the policy holder opts-out of the  
            process.  

           FISCAL EFFECT  

          1)One-time fee-supported special fund costs in the range of $2  
            million to DMHC and CDI, combined, to establish regulations,  








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            confer on standardized forms, and establish an IRP process for  
            cancellation decisions. Annual fee-supported special fund  
            costs of $300,000, combined. 

          2)The recently enacted federal Patient Protection and Affordable  
            Care Act (P.L. 111-148) prohibits rescissions across the  
            health care market, effective in six months and contains  
            similar language to this bill regarding the intentional  
            misrepresentation of health data by an applicant. Therefore,  
            this bill simply conforms those features of state law to the  
            new federal law. Other features of this bill are not contained  
            in federal reform. The other provisions of the bill are those  
            requiring substantial CDI and DMHC workload. 

           

          COMMENTS  

           1)Rationale  . This bill is sponsored by the California Medical  
            Association (CMA) to increase regulatory authority over  
            rescissions. According to the author, the standardization and  
            increased oversight established by this bill will improve  
            underwriting and reduce rescissions in the individual health  
            insurance market. While most Californians receive health  
            coverage via employer plans or public program coverage, 2.6  
            million individuals buy coverage in the individual market,  
            which has fewer consumer protections and can result in  
            rescissions, or the retroactive cancellation of health  
            coverage. Between 500 and 1,500 health policies have been  
            rescinded in recent years.
           
           2)Post-Claims Underwriting and Rescission  . The practice of  
            waiting for a major health care claim to be submitted for  
            payment, then investigating a patient's medical history, and  
            canceling or rescinding the policy retroactively is known as  
            post-claims underwriting. Post-claims underwriting means  
            health plans and insurers are using the underwriting process  
            after the fact, instead of before coverage is offered. 

          Rescission involves a determination by the plan or insurer that,  
            as a result of application errors or omissions, the contract  
            between plan and enrollee never existed, and therefore any  
            health care services the enrollee received are not covered by  
            the health plan or insurer and are to be paid by the enrollee.  
            When a health plan rescinds a policy, this affects not only  








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            the enrollee but also medical providers who rendered services.  

           
          3)Concerns  . Health plans and insurers oppose this bill due to  
            concern about the intentional misrepresentation standard  
            established by this bill. It appears the recently enacted  
            federal health reform establishes the same standard  
            established in this bill. Therefore carrier opposition to this  
            provision of the bill may recede. Carriers also have other  
            concerns about this bill regarding case law, costs, and  
            coverage restriction. 
           
          4)Related Legislation  . AB 2 (De La Torre) in 2009 and AB 1945  
            (De La Torre) in 2008 were similar to this bill. Each bill was  
            vetoed due to concerns that the legislation was not necessary  
            because both CDI and DMHC have taken strong regulatory actions  
            in the area of rescission and that other bills have been  
            enacted that address related issues. 


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