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 Continued--- 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 STAFF ANALYSIS OF SENATE BILL SB 630 (Steinberg)Page 6 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 -- END --