BILL ANALYSIS                                                                                                                                                                                                    






                                 SENATE HEALTH
                               COMMITTEE ANALYSIS
                        Senator Elaine K. Alquist, Chair


          BILL NO:       SB 227                                       
          S
          AUTHOR:        Alquist                                      
          B
          AMENDED:       April 13, 2009                              
          HEARING DATE:  April 22, 2009                               
          2
          CONSULTANT:                                                 
          2
          Park/                                                       
          7
                                        
                                         
                                    SUBJECT
                                         
                              Health care coverage

                                     SUMMARY  

          Reforms and restructures the Major Risk Medical Insurance  
          Program (MRMIP). Requires health plans and health insurers  
          (collectively "carriers") to accept for coverage all  
          persons eligible for MRMIP, as they are assigned to the  
          carrier by the Managed Risk Medical Insurance Board  
          (MRMIB), or elect instead to pay a fee for support of  
          MRMIP, as specified. Revises subscriber contributions, from  
          a maximum of between 125 percent to 137.5 percent to  
          between 110 and 150 percent, which is set on a sliding  
          scale, and allows further premium subsides for low-income  
          subscribers upon receipt of federal funds. Prohibits  
          coverage in MRMIP from containing an annual benefit limit,  
          and makes other changes regarding benefits.  Requires MRMIB  
          to establish a process for eligibility and re-enrollment of  
          persons enrolled in the Guaranteed Issue Pilot (GIP)  
          program, and requires MRMIB to provide certain reports to  
          the Legislature. Expands the duties of MRMIB consistent  
          with the provisions above, and establishes an 11-member  
          advisory board to advise MRMIB.
          

                            CHANGES TO EXISTING LAW  
                                                         Continued---



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          Existing law establishes the MRMIP, administered by MRMIB,  
          to provide health coverage for individuals unable to  
          purchase coverage because they have been denied health  
          coverage by at least one private health plan or are offered  
          only limited coverage or coverage significantly above  
          standard average individual rates, as determined by MRMIB. 

          Existing law requires MRMIB to provide health coverage to  
          subscribers in the MRMIP through participating private  
          health plans licensed by either the Department of Managed  
          Health Care (DMHC) or the California Department of  
          Insurance (CDI). 



          Funding and expansion of MRMIP
          Existing law provides MRMIP with a $30 million continuous  
          appropriation accompanied by an annual budget act  
          Proposition 99 appropriation of $10 million to subsidize  
          the premiums paid by MRMIP enrollees.  Existing law caps  
          premiums that health plans and insurers can charge MRMIP  
          enrollees at 125 percent to 137.5 percent of standard  
          market rates, as specified.  
           
           This bill would increase the continuous appropriation to  
          $40 million to replace the annual budget act appropriation.  

           
           This bill would beginning January 1, 2010, require health  
          plans and health insurers (collectively "carriers") to  
          accept for coverage all persons eligible for MRMIP, as they  
          are assigned to the carrier by MRMIB, or elect instead to  
          pay a fee for support of MRMIP, as specified.

          This bill would require MRMIB to determine how many  
          MRMIP-eligible persons will be assigned to carriers, taking  
          into account certain issues, including the costs of  
          providing coverage in MRMIP and the fees paid by carriers  
          who elect to pay the fee rather than accept assignment. The  
          bill would require MRMIB, in assigning individuals to  
          carriers, to take into account the carrier's geographic  
          service area and the geographic area where MRMIP eligible  
          persons reside, and would also require MRMIB, to the  
          greatest extent possible, to provide eligible persons with  
          a choice of carrier.  The bill would require carriers who  




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          accept persons eligible for MRMIP to provide MRMIP  
          benefits, as determined by the board, and charge a rate to  
          be determined by MRMIB.

          The bill would require MRMIB to establish fees based on the  
          plan or insurer's relative number of covered lives for  
          carriers who elect to be payers, and establish that the fee  
          charged by the MRMIB shall not exceed $1 per covered life  
          per month for plans and insurers.  The bill would provide  
          that the fee established under this bill will not be  
          considered administrative costs for regulatory purposes or  
          for purposes of calculation of any medical loss ratio  
          imposed on carriers by statute or regulation.

          This bill would define "covered lives" to include  
          individuals who receive health care coverage provided,  
          indemnified, or administered by a health care service plan  
          or health insurer, and individuals who receive health care  
          services pursuant to an agreement by which the health care  
          service plan or health insurer rents or leases a contracted  
          network of providers. 

          This bill would require that each enrollee, insured, or  
          covered person be counted as one covered life, except in  
          the following instances: 1) for every 10 enrollees,  
          insureds, or covered persons in a group, the health plan or  
          health insurer providing, indemnifying, administering  
          health care coverage shall count the 10 as one covered  
          life; and 2) for covered lives in a group purchasing  
          arrangement where more than 25 percent of its enrollees or  
          insureds are retirees and more than 25 percent of enrollees  
          or insureds can be considered high-risk individuals, as  
          defined by the health plan or insurer, the health plan or  
          health insurer providing, indemnifying, administering  
          health care coverage shall exclude all the covered lives in  
          the group for the purposes of reporting the total number of  
          covered lives to MRMIB.

          This bill would specify that covered lives include  
          individuals covered by individual coverage, conversion  
          coverage, guaranteed issue coverage pursuant to the federal  
          Health Insurance Portability and Accountability Act of  
          1996, small group coverage, other group coverage,  
          government employee coverage, other government coverage,  
          association coverage, services provided by an administrator  
          of health benefits coverage, and other coverage. The bill  




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          would specify that covered lives continue to exclude  
          Medi-Cal, Medicare, Healthy Families, MRMIP, GIP, AIM,  
          Proposition 10, persons who have specified insurance  
          products that are not considered health insurance, or  
          persons served by a local, nonprofit program or county  
          serving children in families below 400 percent of the  
          federal poverty level (FPL).

          This bill would define "administrator of health benefits  
          coverage" to mean a licensed health insurer or health care  
          service plan, or any person or entity affiliated with, or a  
          subsidiary of, a health insurer or health care service  
          plan, that collects any charge or premium from, or who  
          adjusts or settles claims on behalf of, residents of the  
          state or who leases contracted provider networks to  
          purchasers.
          
          Benefit options and design
          Existing law allows MRMIP to authorize required copayments  
          and deductibles, but limits copayments to 25 percent of the  
          cost of the service and deductibles to $500 per household,  
          or if deductibles are not used, allows $25 copayments for  
          office visits. Existing law sets the aggregate amount of  
          deductible and copayments payable annually at a maximum of  
          $2,500 for an individual and $4,000 for a family. 

          Existing regulation establishes an annual cap on coverage  
          in MRMIP at $75,000 per subscriber, or subscriber's  
          enrolled dependent, with a lifetime limit of $750,000.   
          Existing regulation requires the basic minimum scope of  
          benefits in MRMIP to comply with all requirements of the  
          Knox-Keene Health Care Service Plan Act of 1975 as well as  
          other benefits, including family planning services;  
          specified reconstructive surgery; prescription drugs;  
          durable medical equipment; specified human organ  
          transplants; and mental health benefits, not included in  
          mental health parity law, subject to limitations. 

          This bill would require MRMIP program benefits to have no  
          annual benefit cap and limit any lifetime benefit maximum  
          to $1 million or more.  The bill would require benefits in  
          the program to provide comprehensive coverage, and,  
          effective January 1, 2011, include lower subscriber cost  
          sharing for primary and preventive health care services and  
          medications for the treatment of chronic health conditions.  
          The bill would require MRMIB to establish benefits that, at  




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          a minimum, meet Knox-Keene licensure, plus prescription  
          drugs. The bill would authorize MRMIB to offer more than  
          one benefit design option with different subscriber cost  
          sharing.  The bill would repeal the requirement that  
          copayments not exceed 25 percent and deductibles do not  
          exceed $500.

          This bill would repeal the existing subscriber program  
          contribution formula and would establish a subscriber  
          contribution ceiling of no more than 150 percent and a  
          floor of no less than 110 percent of the standard average  
          individual rate for comparable coverage, as determined by  
          MRMIB. The bill would also require MRMIB to set a sliding  
          scale for subscriber contributions between these levels,  
          with lower requirements for subscribers at or below 300  
          percent of the federal poverty level. The bill would remove  
          the 110 percent floor, in the event federal funds are  
          received, and require MRMIB to lower subscriber  
          contributions for those at or below 300 percent of the  
          federal poverty level first, to no less than six percent of  
          income, and authorize MRMIB to additionally lower  
          contributions for those between 300 and 400 percent of the  
          federal poverty level. 

          This bill would require MRMIB to eliminate any waiting list  
          on MRMIP with federal funds, prior to applying these  
          premium subsidies, if federal fund use allowed, and would  
          also require any excess of federal funds after premium  
          subsidies to be factored into the following year's  
          assessment.

          This bill would exclude from the subscriber contribution  
          portion of the standard average individual rate  
          attributable to elimination of annual benefit maximum and  
          increase in lifetime benefit maximum.
          
          Guaranteed Issue Pilot Program
          Existing law establishes a "Guaranteed Issue Pilot Program"  
          (GIP), for the period September 1, 2003, to December 31,  
          2007, under which a subscriber's enrollment in MRMIP is  
          limited to 36 months, and under which health plans and  
          insurers in California's individual health insurance market  
          are required to offer a standard benefit plan to persons  
          who have exhausted their MRMIP eligibility. Existing law  
          caps GIP premiums at 110 percent of MRMIP rates and  
          provides for the state to share equally with health plans  




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          and insurers the costs of any losses (claims in excess of  
          subscriber premiums) for providing coverage to GIP  
          enrollees. Existing law sunset the program on December 31,  
          2007, but provides that health plans and insurers must  
          continue to provide coverage to existing GIP enrollees at  
          100 percent of MRMIP rates.
          
          This bill would require MRMIB to establish a process for  
          eligibility and re-enrollment of persons enrolled in the  
          GIP program, and would provide that GIP enrollees may only  
          be re-enrolled in MRMIP if there is no waiting list for  
          MRMIP, and will be re-enrolled on a first-come, first-serve  
          basis, with those first disenrolled into GIP being made  
          eligible first.  

          This bill would require MRMIB to determine the maximum  
          number of GIP-enrolled individuals who can be re-enrolled  
          from each health plan participating in GIP based on the  
          proportion of enrollees enrolled in each plan, and would  
          require MRMIB to develop a notice to be provided by  
          carriers to GIP enrollees notifying them of their potential  
          eligibility. The bill would require carriers to provide to  
          MRMIB the number of lives covered through continuation  
          coverage under the GIP program in order to implement the  
          re-enrollment of GIP enrollees.
          
          Individual insurance market
          Existing law requires health care service plans and health  
          insurers in the individual market to issue, without  
          underwriting, the two most popular products or two most  
          representative products, as defined, to persons eligible  
          for guaranteed coverage under the Health Insurance  
          Portability and Accountability Act (HIPAA), as defined.   
          For contracts and policies that offer services through a  
          preferred provider arrangement, existing law requires that  
          the premium to federally eligible defined individuals not  
          exceed the average premium paid by a similar subscriber of  
          MRMIP, as specified. For all other contracts and policies,  
          existing law requires that the premium not exceed 170  
          percent of the standard premium charged to an individual of  
          the same age, in the geographic region in the individual  
          market.

          This bill would require MRMIB to report to the Legislature  
          by September 1, 2010, regarding the status of benefits and  
          premiums for persons eligible for guaranteed coverage under  




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          HIPAA, and the impact of changes in MRMIP benefits and  
          premiums on HIPAA benefits and premiums. The bill would  
          require carriers selling individual coverage to report to  
          DMHC or CDI information related to HIPAA rates and products  
          to inform the study by MRMIB.

          Duties of MRMIB
          Existing law imposes specified duties on MRMIB and provides  
          MRMIB with specified authority in the operation of MRMIP.

          This bill would require MRMIB to establish the types of  
          covered lives that shall be reported by plans and insurers;  
          apply for federal funding that the board determines to be  
          cost effective; negotiate with the Center for Medicare and  
          Medicaid Services to secure federal funding; contract with  
          a reinsurer to obtain reinsurance or stop-loss coverage for  
          the program; establish reasonable participation  
          requirements for subscribers; assign persons eligible for  
          the program to plans and insurers that have elected to take  
          the assignment of eligible persons; establish guidelines  
          for disease management, case management, care management,  
          or other cost management strategies to be offered by the  
          program; implement strategies to ensure program integrity;  
          administer the program to maximize the program's  
          eligibility for federal funds and seek and apply for any  
          available federal funds; and utilize more generalized  
          criteria in contracting with carriers. The bill would allow  
          MRMIB more discretion in determining who may reapply for  
          coverage in MRMIP after disenrollment, and use of waiting  
          or affiliation periods by carriers.

          This bill would require MRMIB to report to the Legislature  
          on implementation of MRMIP, as specified, by July 1, 2012,  
          and include a transition plan for an alternative approach  
          to insuring high-risk individuals by January 1, 2014.

          This bill would require MRMIB to establish an 11-member  
          advisory panel, with staggered terms, to advise MRMIB on  
          MRMIP by February 1, 2010.  The panel will consist of: four  
          health plans and insurers in the individual market, at  
          least three of which must be participating in MRMIP; two  
          program subscribers; two health care providers with  
          expertise in the care and treatment of chronic diseases, at  
          least one of which must be a physician and surgeon; and,  
          three representatives of organizations representing the  
          interests of health care consumers and medically  




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          uninsurable persons.
          
          Additional provisions
          This bill would allow emergency rules and regulations to be  
          adopted by MRMIB, DMHC, or CDI to implement this act, and  
          exempt these from review by the Office of Administrative  
          Law.

          This bill would exclude from the provisions of the bill:  
          specialized health care service plans, Medicare-only, and  
          Medicare-supplement-only health care service plans licensed  
          by DMHC; and Medicare supplement, specialized health,  
          CHAMPUS supplement insurance, hospital indemnity,  
          hospital-only, accident-only, specified disease insurance  
          that does not pay benefits on a fixed benefit cash payment  
          only basis, and short-term limited duration health  
          insurance that is issued certificates of authority under  
          CDI.

          This bill would provide that the fee established under this  
          bill will not be considered administrative costs for  
          regulatory purposes or for purposes of calculation of any  
          medical loss ratio imposed on carriers by statute or  
          regulation.  
           
          This bill would make specified findings and declarations  
          with respect to MRMIP, and revise and add certain  
          definitions governing the operation of MRMIP.

          This bill would impose duties on DMHC, CDI, health plans,  
          and health insurers related to the execution of and  
          compliance with the provisions above.

          This bill would authorize MRMIB, subject to the approval of  
          the Department of Finance, to obtain loans from the General  
          Fund for all necessary and reasonable expenses related to  
          the administration of the fund, and would require MRMIB to  
          repay principal and interest, using the pooled money  
          investment account rate of interest, to the General Fund no  
          later than January 1, 2017.

          
                                  FISCAL IMPACT  

          According to the Assembly Appropriations Committee analysis  
          of a similar measure, AB 2 (Dymally) of 2008, these  




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          provisions would result in an increase of an annual special  
          fund (Proposition 99) continuous appropriation from $30  
          million to $40 million.  Under current law, MRMIP is  
          budgeted with a $30 million continuous appropriation  
          accompanied by an annual budget act Proposition 99  
          appropriation of $10 million.  This bill will increase the  
          continuous appropriation to replace the annual budget act  
          appropriation. The bill may result in additional annual  
          costs of between $1.4 million and $1.6 million to MRMIB in  
          2008-09, and 2009-10, and annual on-going costs of $700,000  
          in following years to support fiscal and accounting staff,  
          actuarial contracts, and other contracts, as required. 

          It is unclear to what extent the changes between AB 2 and  
          this bill alter these estimates.


                            BACKGROUND AND DISCUSSION  

          Author's statement
          The author states that, although most Californians obtain  
          health insurance through their employer, many Californians  
          who do not have access to employer-sponsored health  
          coverage cannot buy private health insurance at any price,  
          or can only purchase such coverage at unaffordable prices.  
          The author notes that, somewhere between 420,000 and  
          790,000 Californians were considered "medically  
          uninsurable" last year and that number may grow to 1  
          million by 2010. The author points out that these  
          individuals are often among those with the greatest need  
          for health care. 

          The author states that this bill is necessary to  
          restructure and secure stable funding for the Major Risk  
          Medical Insurance Program (MRMIP), California's coverage  
          program for high risk and medically uninsurable persons,  
          which has been in operation since 1991.  The author  
          emphasizes that subscriber premiums and state tobacco tax  
          revenues fund the program, but these revenues have never  
          been sufficient to allow all eligible individuals into the  
          program. The author highlights that MRMIP currently serves  
          a maximum of 7,100 individuals, far short of the almost 1  
          million people who may need such coverage next year.

          The author points out that California is one of only three  
          states that subsidize high risk programs exclusively with  




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          state funds and have capped program enrollment, and that  
          California is out of sync with how state-sponsored high  
          risk pools are being funded generally: of 34 states, 27  
          states use assessments on health insurers to fund at least  
          a portion of the program costs. The author also points out  
          that MRMIP is the only high risk pool in the nation to have  
          an annual benefit cap of $75,000, which has made the state  
          ineligible for millions of federal funds that could  
          otherwise enroll more people in MRMIP.

          The author believes that without reform of MRMIP, many  
          Californians will be forced to go without needed health  
          care services, which will only result in increased  
          emergency room, or more costly care needed later.  The  
          author states that, absent broader health care reform at  
          the state or federal level, increasing funding for MRMIP is  
          critical to stemming the growing ranks of the uninsured. 

          The problem of the medically uninsurable
          An individual is "medically uninsurable" if a prior health  
          condition, a history of receiving health care services, a  
          genetic predisposition to illness, or other health-related  
          factors prevent the individual from finding an insurer that  
          will issue him or her a policy, or prevent the individual  
          from obtaining an affordable policy.

          Currently, health plans and insurers selling coverage in  
          the individual heath insurance market may screen potential  
          policyholders for medical conditions (a process known as  
          medical underwriting), and may decline to provide coverage  
          or charge higher premiums for persons with prior medical  
          conditions.  Carriers in the individual market state that  
          they must be able to control for "adverse selection," in as  
          much as a person actively searching for health insurance is  
          more likely to be in need of medical care (and, therefore,  
          more expensive for an insurer) than someone who receives  
          insurance more or less passively through an employer.  

          Medical underwriting practices render some Californians  
          uninsurable in the individual health insurance market,  
          including some who are unable to purchase coverage at any  
          price.  According to a report by Harbage Consulting,  
          approximately 600,000 uninsurable people reside in  
                                                                          California, and this number could grow to more than 1  
          million by 2010.  
           




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          A September 2006 Commonwealth Fund national survey found  
          that 89 percent of working-age adults who sought coverage  
          in the individual market during the past three years ended  
          up never buying a plan. A majority (58 percent) found it  
          very difficult or impossible to find affordable coverage.  
          One-fifth of those who sought to buy coverage were turned  
          down, were charged a higher price because of a pre-existing  
          condition, or had a health problem which was excluded from  
          coverage. 
           
          MRMIP and GIP
          MRMIP began covering enrollees in 1991, providing  
          comprehensive health insurance benefits to individuals who  
          are unable to purchase private coverage because they were  
          denied individual coverage or were offered it at high  
          rates.  Subscribers are charged a monthly premium ranging  
          from 125 percent to 137.5 percent of their plan's standard  
          average individual rate.  Premiums for the program are  
          subsidized with Proposition 99 cigarette and tobacco tax  
          funds, and enrollment into the program is capped. 

          There are currently four carriers participating in MRMIP:  
          Kaiser HMO (54 percent of enrollment); Blue Cross PPO (45  
          percent); Blue Shield HMO (1 percent); and Contra Costa  
          Health Plan (less than one-half percent).  Carriers'  
          participation in MRMIP is voluntary, and the program is  
          designed so that participating carriers do not lose money,  
          despite the fact that they are insuring a population with a  
          higher risk profile than they would normally insure in the  
          private market.  

          According to data published in March 2006, subscriber  
          premiums cover about 62 percent of MRMIP's cost.  The  
          average premium was $466 per month in 2005.  Between 1999  
          and 2004, around 80 percent of MRMIP subscribers had  
          medical costs of $5,000 or less per year, and, during 2004,  
          19 percent of MRMIP enrollees made no medical claims.  
          According to MRMIB, 60 percent of MRMIP subscribers have  
          incomes of below $60,000 per year.  These subscribers pay  
          between 13 percent and 36 percent of their annual income on  
          MRMIP coverage.  Due to the cap on subscriber premiums and  
          the set amount of available Proposition 99 monies, MRMIP  
          has historically been unable to meet the demand for the  
          program.  In its first year of operation, MRMIP had a  
          waiting list of nearly 3,500 persons. By 2001, the waiting  
          list had grown to 7,098 people. 




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          In order to address the growing waiting list for MRMIP, the  
          Legislature passed AB 1401 (Thomson) in 2002, which  
          established the GIP.  Under the GIP, subscribers were  
          automatically disenrolled from MRMIP after 36 months.  At  
          that time, subscribers could select guaranteed continued  
          coverage from insurers in the individual market.  Plans  
          were required to offer the same benefit packages as those  
          available under MRMIP, but with a higher annual benefit cap  
          ($200,000 versus $75,000), and a lifetime cap of $750,000.   


          Although the program sunset at the end of 2007, by law GIP  
          enrollees may retain their coverage indefinitely and pay an  
          additional 10 percent above the MRMIP rates for similar  
          coverage. The three health plans covering the bulk of MRMIP  
          subscribers also dominate in the GIP coverage market.  The  
          state subsidizes 50 percent of carrier losses for GIP out  
          of the $40 million Prop 99 appropriation. The state pays  
          these costs first, and then estimates the number of MRMIP  
          subscribers who can be enrolled with remaining funds. 

          Current issues with MRMIP 
          This committee's analysis of AB 1971 (Chan) of 2006 and AB  
          2 (Dymally) of 2007-08, prior measures which sought to  
          reform MRMIP but failed, highlighted a number of problems  
          with the MRMIP/GIP programs, including the high premiums  
          that stand as likely barriers to medically uninsurable  
          individuals who cannot afford high-cost insurance; and the  
          $75,000 annual cap on benefits in MRMIP, which is low  
          relative to the commercial health insurance market and  
          which does not adequately serve the health care needs of  
          many persons with pre-existing health conditions.  The  
          $75,000 annual cap also disqualifies the state from drawing  
          down federal funds that could be used to reduce MRMIP's  
          operational costs, reduce subscriber premiums, and increase  
          program benefits. In 2006, MRMIB estimated that the funding  
          loss was estimated to be between $4 and $8 million. 

          On April, 11, 2009, there were 265 on the waiting list, 62  
          of whom were satisfying a 3-month post-enrollment waiting  
          period.   
           
           High risk pools in other states  
           State-sponsored high risk pools for uninsurable persons  




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          have been implemented in 34 states.  Of these, 27 use  
          assessments on health insurers to fund at least a portion  
          of the program costs, in addition to participant premiums.  
          California is one of only three states that subsidize high  
          risk programs exclusively with state funds and which,  
          therefore, have capped program enrollment.  MRMIP is the  
          third largest pool in the country, exceeded only by  
          Minnesota and Texas. 
           
           Related legislation
          SB 57 (Aanestad) would reform the Major Risk Medical  
          Insurance Program (MRMIP), the state's program to insure  
          those who cannot obtain insurance in the private market, by  
          imposing a surcharge on health plans and insurers to  
          support the program; increasing deductible and maximum  
          out-of-pocket expenses for subscribers; requiring an option  
          to purchase a health benefit plan with a health savings  
          account; and requiring three declinations in the private  
          market or proof of a qualified medically uninsurable  
          condition, to be determined by the Managed Risk Medical  
          Insurance Board (MRMIB), which operates MRMIP. Reforms  
          rules governing the individual health insurance market by  
          allowing health plans and health insurers to exclude  
          coverage for certain health conditions in the individual  
          market, and changing rates charged to federally eligible  
          defined individuals, as defined, for health coverage in the  
          individual market. Makes other changes relative to the  
          operation of MRMIP. To be heard on April 22nd in the Senate  
          Health Committee.

          Prior legislation
          AB 2 (Dymally) would restructure the MRMIP, including  
          eligibility, benefits, and premium rates for the program,  
          and would require all health care service plans and  
          disability insurers selling health insurance in the  
          individual market to share in the costs of MRMIP, by either  
          paying a fee to the state to support MRMIP costs, or by  
          accepting MRMIP-eligible individuals assigned to them by  
          MRMIB. Vetoed by the Governor.
          
          AB 1971 (Chan) of 2006, would have extended MRMIP and GIP,  
          which provide health insurance coverage to medically  
          uninsurable individuals, until December 31, 2007, and would  
          have, effective January 1, 2008, reformed and restructured  
          MRMIP.  This bill would have secured additional funding for  
          the MRMIP by requiring all health plans and health insurers  




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          in the state to share in the costs of the program, either  
          as a participating health plan in MRMIP or, in lieu of  
          participation, by paying a fee to the state to support  
          MRMIP program costs.  Died on the Assembly Floor on  
          concurrence.
          
          SB 1702 (Speier), Chapter 683, Statutes of 2006, extends  
          the GIP until December 31, 2007 and provided a one-time  
          appropriation of $4 million in Proposition 99 funds to  
          allow MRMIP to enroll an additional 1,160 individuals then  
          on the waiting list for MRMIP.

          AB 1401 (Thomson), Chapter 794, Statutes of 2002, makes  
          various changes in the individual health insurance market  
          in California and establishes the GIP pilot project. 
          
          Arguments in support
          Health Access California writes that the lack of access to  
          health coverage for persons with pre-existing conditions is  
          a major issue for consumers.  Health Access notes that  
          people who buy health insurance on their own are not  
          wealthy and make substantial sacrifices to buy coverage,  
          which is all too often unavailable.  Health Access states  
          that it supports individual market reforms that would  
          assure that all persons are able to obtain affordable  
          coverage, but that absent such reforms, this bill is a  
          critical measure, and that the availability of coverage for  
          the medically uninsurable needs to be protected and  
          expanded.

          The California Medical Association writes that this measure  
          will ensure that Californians unable to obtain health  
          insurance on their own will have access to relatively  
          affordable coverage, which is especially important for the  
          health and wellness of people with higher health care needs  
          or preexisting conditions.

          The California Association of Health Underwriters (CAHU),  
          which has a "support, if amended" position, writes that it  
          supports the additional funding source for the high risk  
          pool, expanded choice of products, and elimination of the  
          annual maximum and expansion of the lifetime maximum  
          benefits. Additionally, CAHU supports the change in  
          subscriber contribution, as well as the inclusion of  
          individuals under self-funded or partially self-funded  
          plans in the calculation of the fee. However, CAHU is  




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          concerned about the inclusion of premium subsidies for  
          those making more than 300 percent of the federal poverty  
          level, and does not think it necessary to exclude from the  
          subscriber contributions the premium portions attributable  
          to the elimination of caps on annual and lifetime benefits.  
          CAHU is also concerned about the use of "standard average  
          individual rate" as a way to establish premium  
          requirements, and believes that the use of product designs  
          and rates in the marketplace today is clearer and  
          eliminates the opaque "average" concept.
          
          Arguments in opposition
          The California Labor Federation (CLF) writes, in reference  
          to a prior version of the bill, that while it strongly  
          supports efforts to expand health care coverage to those  
          without it, it cannot support the specific funding  
          mechanism included in the bill. CLF writes that health  
          plans and insurers operating in the individual market are  
          free to pick and choose the healthiest individuals for  
          coverage and profit richly from them. CLF writes that,  
          group coverage plans, like those administered by its union  
          trust funds, are not allowed to discriminate between the  
          healthy and the sick. CLF points out that its plans cover a  
          wide range of workers, including those with chronic and  
          expensive health care needs, and they have already  
          socialized the cost of unhealthy individuals across their  
          group costs. CLF believes that asking the workers and their  
          families who pay for coverage to take on the additional  
          cost of coverage for those in the individual market is  
          unfair. CLF believes that this measure does not ask those  
          who profit from the system or fail to provide coverage to  
          their own workers to contribute, and that absent new  
          revenues or comprehensive reform, it must oppose the  
          measure in its current form. 
          

                                     COMMENTS
                                         
        1.Recent amendments. This measure was amended April 13, 2009.  
          Generally, those amendments: eliminate medical loss ratio  
          as a factor in the fee to be paid by payers electing to pay  
          a fee; explicitly include in the reporting of covered lives  
          for the purposes of calculating the fee all individuals who  
          receive health care coverage provided, indemnified, or  
          administered by a health plan or health insurer, or  
          pursuant to an agreement whereby a health plan or insurer  




          STAFF ANALYSIS OF SENATE BILL  SB 227 (Alquist)Page 16


          

          that rents or leases a contracted network of providers,  
          subject to certain exceptions; impose a 1 to 10 ratio for  
          the counting of all group lives, i.e., every 10 enrollees,  
          insureds, or covered persons in a group is counted as one  
          covered life, for the purposes of calculating a fee;  
          exclude from the counting of covered lives all lives in  
          group purchasing arrangements where more than 25 percent of  
          its enrollees or insureds are retirees and more than 25  
          percent of its enrollees or insureds can be considered  
          high-risk individuals, as defined by the health plan or  
          insurer; revise subscriber contributions to between 110 and  
          150 percent of the standard average individual rate for  
          comparable coverage; and change the way federal funds are  
          to be applied, if any are received, subject to allowable  
          use; and exclude from subscriber contributions the portion  
          attributable to elimination of annual cap and increase in  
          lifetime benefit maximum. The effect of these amendments is  
          to acknowledge that employer groups are more inclusive in  
          their coverage of people who may have higher health risks,  
          and to lower the contribution required by groups to support  
          the high-risk pool, assuming that health plans and insurers  
          pass on the costs of any fees paid according to the market  
          segment that is covered.

                                    POSITIONS  


          Support:  California Association of Health Underwriters (if  
          amended)
                    California Communities United Institute
                    California Medical Association     
                    Congress of California Seniors
                    Health Access California

          Oppose:   California Labor Federation, AFL-CIO


                                   -- END --