BILL ANALYSIS                                                                                                                                                                                                    






                                 SENATE HEALTH
                               COMMITTEE ANALYSIS
                        Senator Elaine K. Alquist, Chair


          BILL NO:       SB 630                                       
          S
          AUTHOR:        Steinberg                                    
          B
          AMENDED:       As Introduced                               
          HEARING DATE:                                               
          April 15, 2009 6
          CONSULTANT:                                                 
          3
          Tadeo                                                       
          0              
                                        
                                     SUBJECT
                                         
            Health care coverage: reconstructive surgery: dental and  
                              orthodontic services

                                     SUMMARY  

          Provides that health care service plans and health insurers  
          are required by law to provide dental or orthodontic  
          services, when related to and medically necessary to  
          provide or complete reconstructive surgery.

                             CHANGES TO EXISTING LAW  

          Existing law:
          Existing law provides for the regulation of health care  
          service plans (health plans) by the Department of Managed  
          Health Care (DMHC) and for the regulation of health  
          insurers by the Department of Insurance (CDI).  Health  
          plans and insurers are required by law to cover various  
          health care services, including basic health care services,  
          such as physician services, hospital inpatient and  
          ambulatory care services, diagnostic laboratory services,  
          preventive health services, emergency health care services,  
          and hospice care.  

          Existing law allows health plans and insurers, through  
          "utilization review," to deny, modify, or delay coverage  
          for a particular benefit or service, due to a finding that  
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          STAFF ANALYSIS OF SENATE BILL  SB 630 (Steinberg)Page 2


          

          the benefit or service is not medically necessary.   
          Existing law also establishes an independent medical review  
          process for third-party review of a health plan's or  
          insurer's decision to deny a benefit or service due to such  
          findings.

          Existing law requires health plans and insurers to provide  
          coverage for reconstructive surgery, including surgeries to  
          correct or repair congenital defects and developmental  
          abnormalities, such as cleft lip, cleft palate, and other  
          craniofacial abnormalities.  Existing law allows health  
          plans and health insurers to apply specific prior  
          authorization and utilization review procedures to requests  
          for such surgeries.   

          Existing law defines reconstructive surgery as surgery  
          performed to correct or repair abnormal structures of the  
          body caused by congenital defects, developmental  
          abnormalities, trauma, infection, tumors, or disease to do  
          either of the following:
          (1) To improve function; (2) To create a normal appearance,  
          to the extent possible.

          Additionally, existing law requires that health plans and  
          health insurers offer coverage for certain benefits and  
          services, such as orthotic and prosthetic devices,  
          alcoholism treatment, and acupuncture services; meaning  
          that they must provide subscribers the option to purchase  
          the benefit.
          
          This bill:
          This bill provides that health care service plans and  
          health insurers are required by law to provide dental or  
          orthodontic services, when related to and medically  
          necessary to provide or complete reconstructive surgery.

          This bill states that the legislative intent of the bill is  
          to clarify and confirm that any dental or orthodontic  
          services, when related to and medically necessary to  
          provide or complete reconstructive surgery, are services  
          that are required by current law.

                                  FISCAL IMPACT  

          Unknown.





          STAFF ANALYSIS OF SENATE BILL  SB 630 (Steinberg)Page 3


          

                            BACKGROUND AND DISCUSSION

           The author states that this bill seeks to clarify the  
          existing reconstructive surgery mandate by explicitly  
          including dental and orthodontic services that must be  
          covered for reconstructive surgery purposes.  

          According to the author, when patients undergo  
          reconstructive surgery to correct congenital defects or  
          major injuries due to accidents, surgical teams often  
          include both medical and dental specialists. When children  
          are born with cleft palates, reconstructive surgery is  
          performed by a team of medical specialists that includes  
          orthodontic care to address extra teeth, missing teeth, or  
          extremely misplaced and misshapen teeth and jaws. Although  
          children do not receive this orthodontic care for cosmetic  
          reasons, it is often not considered a medical benefit for  
          the purposes of completing cleft palate procedures. These  
          children need orthodontics for medical reasons, but do not  
          have coverage unless they have separate dental insurance,  
          which may not fully cover the expensive orthodontic  
          procedures necessary to treat cleft palate repairs.   

          The author states that the language for this bill was  
          provided through technical assistance from DMHC after a  
          similar measure, SB 1634 (Steinberg) was vetoed last year.   

          
          Cleft palate
          Cleft palate is the common term for a birth defect which  
          can include cleft palate, cleft lip, or other craniofacial  
          anomalies.  A cleft palate is an opening in the roof of the  
          mouth in which the two sides of the palate did not fuse, or  
          join together, as an unborn baby was developing. A cleft  
          lip is a separation of the two sides of the lip.  The  
          separation often includes the bones of the upper jaw and/or  
          upper gum.  Because the lip and the palate develop  
          separately, it is possible for the child to have a cleft  
          lip, a cleft palate, or both cleft lip and cleft palate, or  
          other craniofacial anomalies, caused by the condition,  
          which can vary.  

          According to the California Birth Defects Monitoring  
          Program, this condition is one of the most common birth  
          defects in California, with nearly 700 cases reported in  
          the state each year.  Of these, approximately 300 cases per  




          STAFF ANALYSIS OF SENATE BILL  SB 630 (Steinberg)Page 4


          

          year are children who have health insurance coverage  
          arrangements that would be subject to this bill. 

          A child born with a cleft palate frequently requires  
          several different types of services, such as surgery,  
          dental and orthodontic care, and speech therapy, all of  
          which need to be provided in a coordinated manner over a  
          period of years.  This coordinated care is provided by  
          interdisciplinary cleft palate and/or craniofacial teams  
          comprised of professionals from a variety of health care  
          disciplines.  A child born with a cleft palate can also  
          have associated problems with body functions which include  
          breathing, skeletal growth and development, hearing, speech  
          and language ability, and learning difficulties.  Social  
          integration problems, due to having a severe chronic  
          condition, in general, and the effects of disfigurement,  
          also exist, especially among school age children. 
          
          Health plans' coverage of dental and orthodontic services
          Health care service plans regulated by the DMHC and health  
          insurance products regulated by the CDI are required to  
          provide coverage for reconstructive surgery, including  
          surgeries to correct or repair congenital defects and  
          developmental abnormalities, such as oral clefts.  However,  
          orthodontic procedures for oral cleft repair are not  
          explicitly included as covered services in the language of  
          the reconstructive surgery statute.

          According to the California Health Benefits Review Program  
          (CHBRP) analysis of SB 1634, although health insurance does  
          not normally cover dental or orthodontic procedures, they  
          may be required to complete reconstructive surgery.  For  
          example, dental or orthodontic procedures may be needed for  
          teeth damaged in an automobile accident or an extraction  
          required for cancer treatment.  

          California is one of fourteen states that mandate health  
          benefits for oral cleft repair.  Several of these states,  
          including Connecticut, Florida, Indiana, Minnesota, South  
          Carolina, and Virginia, explicitly include orthodontic  
          procedures as part of the mandated oral cleft repair health  
          benefit.  According to the CHBRP analysis of SB 1634, DMHC  
          considers dental and orthodontic procedures part of the  
          oral cleft reconstructive surgery, if the procedures are  
          deemed medically necessary.





          STAFF ANALYSIS OF SENATE BILL  SB 630 (Steinberg)Page 5


          

          Prior legislation
          SB 1634 (Steinberg, 2008) would have required health care  
          service plans and health insurers to provide coverage for  
          orthodontic services deemed necessary for medical reasons  
          for cleft palate procedures identified by the Cleft Palate  
          Foundation for cleft palate repair procedures, subject to  
          prior authorization and utilization review procedures that  
          apply to reconstructive surgery, generally.  This bill was  
          vetoed by the Governor. 
          In his veto message, the Governor stated  that the bill,  
          while well-intentioned, would serve to increase the overall  
          cost of health care associated with a new mandate. 
           
          AB 2012 (Emmerson), Chapter 756 of the Statutes of 2006,  
          requires health plans and insurers to set benefit levels  
          for orthotic and prosthetic devices at no less than the  
          annual and lifetime benefit maximums applicable to basic  
          health care services, and limited out-of-pocket amounts for  
          those devices.  

          Arguments in support
          The California Society of Plastic Surgeons (CSPS), sponsor  
          of SB 630, states that children born with cleft palate or  
          craniofacial anomalies have teeth that are missing,  
          malpositioned, or abnormally shaped; additionally, the jaw  
          may be in more than one piece because of bony clefts, and  
          the scars created to repair the cleft may impair the growth  
          of jawbone and teeth.  Uncorrected, these dental  
          abnormalities can result in additional problems.  CSPS  
          argues that dental care in such cases is obviously needed  
          for medical reasons, and that under current law some health  
          plans and insurers do not feel obligated to provide this  
          dental care.  

          The California Society of Pediatric Dentistry states that  
          the timing of dental and orthodontic services provided in  
          conjunction with surgical rehabilitation of congenial  
          craniofacial anomalies, trauma, or pathology is dictated by  
          the coordinated efforts of a team of medical and dental  
          specialists.  An essential component of this care cannot be  
          removed without compromising the surgical result.  The  
          California Society of Pediatric Dentistry argues, that for  
          instance, orthodontic services associated with craniofacial  
          anomalies are not separate or in addition to correction of  
          these defects, but an indispensable element of the  
          comprehensive medical treatment plan.  The California  




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          Society of Pediatric Dentistry contends that, as such,  
          payment for these services should not be excluded from the  
          medical benefits designed to financially underwrite  
          reconstructive efforts. 
          
          Arguments in opposition
          The National Federation of Independent Business (NFIB)  
          states that this bill would expand the existing  
          reconstructive surgery mandate to include dental and  
          orthodontic services.  NFIB further states that the  
          cumulative impact of a number of mandated benefit bills in  
          the legislative process right now, in addition to the  
          benefit mandates already on the books, will significantly  
          increase premiums on employers and employees.  NFIB  
          contends that, for small businesses, more than half of whom  
          cannot afford coverage for their employees, mandated bills  
          put coverage even further out of reach. 

                                    POSITIONS  

          Support:  California Society of Plastic Surgeons (sponsor)
                    American Federation of State, County and  
               Municipal Employees (AFSCME)                            

                    California Dental Association
                    California Medical Association
                    California Society of Pediatric Dentistry
                    
          Oppose:  National Federation of Independent Business

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