BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 838
                                                                  Page  1

          Date of Hearing:   May 12, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   SB 838 (Strickland) - As Amended:  May 6, 2010 

          Policy Committee:                              Health Vote:19-0

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

           SUMMARY  

          This bill conforms California law to federal requirements for  
          continuation health coverage under the California Omnibus Budget  
          Reconciliation Act (Cal-COBRA) statutes. Cal-COBRA provides the  
          option of continuation coverage for workers at small firms (two  
          to 19 employees). This bill clarifies notification requirements  
          for employers, health plans, and health insurers to allow  
          unemployed individuals to continue health coverage with a  
          federal subsidy for 65% of monthly premium costs. 

          The premium subsidy was established in the federal American  
          Recovery and Reinvestment Act (ARRA) (PL-111-5) in February  
          2009. Since that time, the subsidy has been extended and  
          eligibility has been broadened three times by federal  
          legislation. 

           FISCAL EFFECT  

          1)According to recent analysis, COBRA enrollments have doubled  
            since the provision of federal subsidies. Due to the expense  
            of unsubsidized health coverage, only 10% of individuals  
            accept unsubsidized continuation coverage during a period of  
            unemployment. This bill enables continued support of premium  
            subsidies and the higher take-up rate of continuation health  
            coverage.

          2)The average monthly health premium is approximately $400 for  
            an individual and $1,100 for a family. The federal subsidies  
            addressed in this bill mean these monthly premiums will drop  
            to $140 for individuals and $385 for families. Without premium  
            assistance, health premiums account for 30% to 85% of an  
            individual's unemployment benefits. 








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          3)The federal subsidy is phased out for higher income  
            individuals with adjusted gross income above $125,000 and  
            couples with adjusted gross income above $250,000.  

           COMMENTS  

          1)Rationale  . This bill clarifies notification requirements about  
            premium subsidies for unemployed workers from firms with fewer  
            than 20 employees. This bill ensures these workers and their  
            families have the option of accepting health coverage with  
            major premium support from the federal government. By enabling  
            a 65% federal subsidy, this bill reduces a barrier to health  
            coverage significantly. 

           2)COBRA  , a federal law enacted in 1985, provides workers at  
            larger firms (20 or more employees) continuity of health  
            coverage by allowing former employees to choose to pay the  
            full premium cost (capped at 102% for COBRA) otherwise paid by  
            the employer. For workers at small firms (two to 19  
            employees), California has Cal-COBRA (capped at 110% of full  
            premium cost). COBRA is available for up to 18, 29, or 36  
            months and Cal-COBRA is available for up to 36 months  
            depending on eligibility. In addition, individuals who exhaust  
            18 months of COBRA also have access to continuity coverage  
            through Cal-COBRA. Individuals who exhaust Cal-COBRA coverage  
            have access to continuation coverage under the federal Health  
            Insurance Portability and Accountability Act (HIPAA). The  
            federal subsidies for COBRA and Cal-COBRA are now available  
            for a total of 15 months. 

           3)Highest Unemployment Rate in Decades Erodes Health Coverage  .  
            The unemployment rate statewide has hovered between 10% and  
            more than 12% over the past year. In many parts of the state,  
            the unemployment rate is higher. Because a majority of people  
            access health coverage through an employer, the rate of  
            unemployment has contributed to erosion in health coverage.  
            According to recent research, the number of uninsured adults  
            increased from 5.3 million to 6.8 million, with job-based  
            coverage dropping from 57% to 51%. 

           4)Related Legislation  

            AB 23 (Jones), Chapter 3, Statutes of 2009 conformed  
            California law to federal American Recovery and Reinvestment  








                                                                  SB 838
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            Act (ARRA) (Public Law 111-5, 2009) requirements for  
            continuation health coverage under the Cal-COBRA statutes.



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