BILL ANALYSIS                                                                                                                                                                                                    
                                                                  SB 890
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          Date of Hearing:   June 29, 2010
                            ASSEMBLY COMMITTEE ON HEALTH
                              William W. Monning, Chair
                    SB 890 (Alquist) - As Amended:  June 15, 2010
           SENATE VOTE  :  23-11
           
          SUBJECT  :  Health care coverage.
           SUMMARY  :  Allows an individual enrolled in an individual health  
          plan or health insurer to change to a different benefit plan  
          design, with the same or lower coverage, issued by the same  
          health plan, or by a different health plan or health insurer, on  
          a guarantee issue basis on the individual's annual renewal date.  
           Requires health plans and health insurers offering individual  
          plan contracts to fairly and affirmatively offer and market  
          standard benefit plan designs (five HMO benefit plan designs and  
          five PPO benefit plan designs) in five coverage choice  
          categories.  Specifies the cost-sharing requirements for each  
          product in each coverage choice category.  Requires health  
          insurers to cover medically necessary basic health care  
          services.  Prohibits health insurers from having an annual or  
          lifetime benefit limit.  Requires health plans to change premium  
          rates for adults based on one-year changes in a person's age and  
          establishes standard rating factors and limits on premium  
          variation.   Specifically,  this bill  :   
          Portability
          
          1)Allows an individual enrolled in an individual health plan or  
            health insurer to change to a different benefit plan design,  
            with the same or lower coverage, issued by the same health  
            plan, or by a different health plan or health insurer, on a  
            guarantee issue basis on the individual's annual renewal date.  
             Requires notice of an individual's right to change benefit  
            plan designs and to switch to a different health insurer or  
            health plan to be included in the evidence of coverage, and in  
            the notice of premium increases required under current law.
          Standardized Benefit Plan Designs in Individual Market
          
          2)Requires health plans and health insurers offering individual  
            plan contracts to fairly and affirmatively offer and market  
            standard benefit plan designs (five HMO benefit plan designs  
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            and five PPO benefit plan designs) in five coverage choice  
            categories.  
          3)Designates the five coverage choice categories as platinum,  
            gold, silver, bronze, and catastrophic, and specifies the  
            cost-sharing requirements (deductibles, co-payments, and  
            out-of-pocket maximums) for services covered under each  
            coverage choice category, for individuals, and for families  
            (see chart under "Standardized products" and on pages 11 and  
            30 of the bill).  Requires the plan design in the catastrophic  
            choice category to have cost-sharing and an out-of-pocket  
            maximum that enables it to be offered with a health savings  
            account (HSA).  
          4)Requires health plans and health insurers to market one  
            standard benefit plan in each of the five coverage choice  
            categories and prohibits them from offering benefit plan  
            designs other than those listed in this bill.  Creates a  
            "grandfathering" exception that would allow individuals and  
            their dependents to renew health benefit plan designs issued  
            prior to July 1, 2011 until July 1, 2014.  
          5)Requires the individual heath insurance market requirements  
            enacted by this bill, and any regulations adopted under this  
            bill, to be enforced consistently between health plans and  
            health insurers, regardless of licensure.  Prohibits anything  
            in this bill from requiring guaranteed issue of coverage.
          Individual Insurance Market Reform Commission
          
          6)Establishes an 11-member Individual Insurance Market Reform  
            Commission (Commission), as specified, and requires the  
            Commission to:
             a)   Develop a standardized enrollment questionnaire to be  
               used by all health plans and health insurers that offer and  
               sell individual coverage; and,
             b)   Review and, if necessary, suggest changes to the  
               standard benefit plan designs required to be offered by  
               health plans and health insurers in the individual market.   
               Requires the review to be conducted within six months of  
               the effective date of regulations adopted under a provision  
               of the federal Patient Protection and Affordable Care Act  
               (PPACA) requiring "essential health benefits" to be  
               defined, and at least every two years thereafter.
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          7)Requires, if the Commission suggests changes to the standard  
            benefit plan designs, or suggests standard benefit plan  
            designs that are in addition to those established under this  
            bill, the Director of the Department of Managed Health Care  
            (DMHC) and the Insurance Commissioner to jointly adopt  
            regulations that contain standardized benefits and  
            cost-sharing and that are substantially based on the standard  
            benefit plan designs suggested by the Commission.
          Medically Necessary Basic Health Care Services 
           
           8)Requires a health insurance policy issued, amended, or renewed  
            on or after January 1, 2011 that is regulated by the  
            California Department of Insurance (CDI), to provide coverage  
            for medically necessary basic health care services, as defined  
            in existing law and regulations affecting health plans  
            regulated by DMHC.
          Annual and Lifetime Limit Prohibition
          
          9)Prohibits a health insurance policy issued, amended, or  
            renewed on or after January 1, 2011, from having annual or  
            lifetime benefit limits on basic health care services.
          10)   States that the two provisions above do not prohibit a  
            health insurer from charging policyholders or insureds a  
            co-payment or a deductible for a basic health care service, or  
            from setting limitations on maximum coverage of basic health  
            care services, provided that the co-payments, deductibles, or  
            limitations are reported to, and not objected to, by the  
            Insurance Commissioner, and are disclosed to the policyholder  
            or insured.
          Standardized Enrollment Questionnaire
          
          11)   Requires the Commission to develop a standardized  
            enrollment questionnaire, written in clear and  
            easy-to-understand language, to be used by all health plans  
            and health insurers that offer and sell individual coverage.   
            Requires the questionnaire to provide for an objective  
            evaluation of the potential subscriber's health status, and  
            that of his or her dependents applying for coverage, by  
            assigning a discrete measure, such as a system of point  
            scoring, to each potential subscriber.  Requires the  
            Commission to establish a methodology for the graduation of  
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            accepted risk into three risk categories based on responses to  
            the questionnaire:  "higher risk," "standard risk," and  
            "preferred risk."
          12)   Requires health plans and insurers, at least six months  
            following the date the Commission develops the standardized  
            enrollment questionnaire, to exclusively use the questionnaire  
            and   to utilize the objective evaluation developed by the  
            Commission in determining whether to provide coverage.  
          13)   Prohibits health plans and insurers, on and after January  
            1, 2014, from requiring, requesting, or obtaining health  
            information as part of the application process for an  
            applicant who is eligible for guaranteed issuance of coverage,  
            and requires the application form to include a clear and  
            conspicuous statement that such an applicant is not required  
            to provide health information.
          Individual Market Rating Rules
          
          14)   Allows, in rating (pricing) individuals for individual  
            coverage, only the following characteristics of an individual  
            to be used: age; geographic region; family composition; health  
            benefit plan design; and, until January 1, 2014, health  
            status.  
          15)   Requires, in using age as a rating factor, benefit plan  
            designs in the individual market to use single-year age  
            categories for individuals above 18 years of age and under 65  
            years of age.  
          16)   Requires, in using geographic region as a rating factor,  
            health plans and health insurers to use the same geographic  
            rating requirements required in the state's small group health  
            insurance law.  
          17)   Requires health plans and insurers to base rates on family  
            size for individuals using no more than six family size  
            categories.
          18)   Prohibits, on and after January 1, 2011, rates between the  
            plan or insurer's highest risk category and the lowest risk  
            category to vary by more than a ratio of two to one within  
            each standard benefit plan design offered by a health  
            plan/insurer within each coverage choice category.  
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          19)   Establishes limits on the annualized premium rate increase  
            of a health plan/insurer by requiring, after taking into  
            account a change in premium because of an increase in an  
            individual's age, that rates not vary by more than 10% above  
            or below the weighted average premium rate increase calculated  
            across all of the plan or insurer's health benefit plan  
            designs.
          20)   Prohibits, in addition to 19) above, the highest standard  
            premium rate for a standard benefit plan design offered in the  
            individual market by a health plan (at any age, geographic  
            area, family size, contract type, network, and effective date)  
            from exceeding the lowest standard premium rate for a standard  
            benefit plan design offered in the individual market by the  
            health plan/insurer (at the same age, geographic area, family  
            size, contract type, network, and effective date) by more than  
            50%, after taking into consideration the actuarial difference  
            of the standard benefit plan designs offered.  
          Lifetime Limits Prohibition and MLR
          
          21)   Requires health plans and insurers to meet applicable  
            requirements of PPACA related to the prohibition on lifetime  
            limits for benefits and medical loss ratios (MLR).
           EXISTING LAW  :
          1)Provides for the regulation of health plans by DMHC under the  
            Knox-Keene Health Care Service Plan Act of 1975 (Knox-Keene  
            Act), and for the regulation of health insurers by CDI under  
            provisions of the Insurance Code. 
          2)Requires health plan contracts to provide basic health care  
            services, as defined.  Basic health care services required to  
            be provided by a health care service plan to its enrollees  
            include, where medically necessary, and subject to any  
            co-payment, deductible, or limitation of which DMHC may  
            approve, a specified list of health care services, including  
            physician services, hospital inpatient and ambulatory  
            services, emergency services, and preventive health services.
          3)Requires individual health plan contracts under the  
            jurisdiction of DMHC to additionally provide other specific  
            types of health care services.  Existing law requires  
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            individual and group health insurance policies under the  
            jurisdiction of CDI to provide specific types of health care  
            services, but not basic health care services.
          4)States that nothing in the Knox-Keene Act prohibits a health  
            plan from charging subscribers or enrollees a co-payment or a  
            deductible for a basic health care service or from setting  
            forth, by contract, limitations on the maximum coverage of  
            basic health care services, provided that the co-payments,  
            deductibles, or limitations are reported to, and not rejected  
            by, the Director of DMHC and are set forth to the subscriber  
            or enrollee pursuant to the disclosure provisions of existing  
            law.  The Commissioner of CDI does not have authority to  
            object to co-payments and deductibles.
          5)Allows individuals to switch plans within their current health  
            plan/insurer once a year, if they have been covered for at  
            least 18 months under an individual plan contract, and to  
            transfer, without medical underwriting (meaning the individual  
            cannot be turned down for coverage), to any other individual  
            plan contract offered by that same health plan/insurer that  
            provides equal or lesser benefits.  
          6)Requires health care service plans to use disclosure forms or  
            materials containing information regarding the benefits,  
            services, and terms of the plan contract as the Director of  
            DMHC may require, so as to afford the public, subscribers, and  
            enrollees with a full and fair disclosure of the provisions of  
            the plan in readily understood language and in a clearly  
            organized manner.  
           
          FISCAL EFFECT  :   According to the Senate Appropriations  
          Committee: 
                            Fiscal Impact (in thousands)
           Major Provisions         2010-11      2011-12       2012-13    Fund
                                                                  
          CDI                    $900       $2,000      $1,800    Special*
                                 
          DMHC                   likely in the hundreds of  
          thousandsSpecial**
                                 to low millions of dollars annually
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          Commission staff       likely in the hundreds of        Special*  
                                 thousands of dollars annually     
          Special**
          *Insurance Fund
          **Managed Care Fund
           COMMENTS  :   
           1)PURPOSE OF THIS BILL  .  According to the author this bill would  
            address many of the shortcomings in the state's individual  
            health insurance market, and will provide a bridge to the full  
            implementation of federal health insurance reforms in 2014 by  
            phasing in some of these reforms starting next year.  The  
            author states that to address individuals facing significant  
            premium increases in the individual market, this bill will  
            allow people to switch individual coverage on their annual  
            renewal date to a different plan offered by a competing plan  
            or insurer with equal or lower benefits.  The author states  
            that to address the dizzying array of products that makes  
            comparison shopping difficult, this bill requires standardized  
            products so people buying coverage can make a comparison of  
            identical products.  The author argues standardizing products  
            forces price competition on the provider network and quality  
            of the plan, and not on widely varying and  
            difficult-to-compare benefit designs.  
            The author states that this bill would establish a standard  
            application with standard scoring that would ensure that a  
            person with a given health history would get the same response  
            from any plan they apply to for individual coverage, and will  
            also allow individuals to apply for multiple plans at one  
            time.  To create a level playing field and ensure coverage of  
            basic health care services, this bill requires all health  
            insurance products to cover medically necessary care with no  
            annual or lifetime limits.  The author argues allowing  
            insurers to exclude services, such as maternity, means only  
            people who want to have children buy maternity coverage, which  
            defeats the purpose of insurance where you have a large pool  
            of people whose health costs are spread across the group.  
           2)FEDERAL HEALTH CARE REFORM  .  On March 23, 2010, President  
            Obama signed the PPACA (Public Law 111-148).  Among other  
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            provisions, the new law makes statutory changes affecting the  
            regulation of and payment for certain types of private health  
            insurance.  There are a number of health insurance provisions  
            that will take effect in 2010, including some of those related  
            to this bill:
             a)   Benefit package.  PPACA defines an essential health  
               benefits package that all qualified health plans must  
               cover, at a minimum, with some exceptions.  The package  
               will be determined by the federal Department of Health and  
               Human Services Secretary and must include, at a minimum,  
               ambulatory patient services; emergency services;  
               hospitalizations; maternity and newborn care; mental health  
               and substance use disorder services, including behavioral  
               health; prescription drugs; rehabilitative services and  
               devices; laboratory services; preventive services,  
               including services recommended by the Task Force on  
               Clinical Preventive Services and vaccines recommended by  
               the Director of the Centers for Disease Control and  
               Prevention; and, chronic disease management.  In addition,  
               the plans must cover pediatric services, including vision  
               and oral care. 
             b)   Four benefit categories.  PPACA establishes four benefit  
               categories-bronze, silver, gold, and platinum - all of  
               which will have the essential health benefits package.   
               Policies cannot be sold in the small-group and individual  
               market or exchanges that do not meet the actuarial  
               standards for the benefit categories established by law.   
               All carriers selling in the individual and small-group  
               markets are at least required to offer silver and gold  
               plans.  The bronze package will represent minimum  
               creditable coverage with an actuarial value of 60% (i.e.,  
               covering 60% of enrollees' medical costs) with  
               out-of-pocket spending limited to that which is defined for  
               HSAs, or $5,950 for individual policies and $11,900 for  
               family policies.  The silver benefit package will have an  
               actuarial value of 70% and the same out-of-pocket limits;  
               the gold package will have an actuarial value of 80% and  
               the same out-of-pocket limits, and the platinum package  
               will cover 90% of costs with the same out-of-pocket limits.  
                A catastrophic benefit package could be made available for  
               adults younger than age 30, similar to HSA-eligible,  
               high-deductible plans, with the essential benefits package,  
               preventive services excluded from the deductible as under  
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               current HSA law, three primary care visits, and  
               cost-sharing to HSA out-of-pocket limits.  People who are  
               unable to find a plan with a premium that is 8% or less of  
               their income will be able to purchase the young adult plan  
               as well, regardless of age.  Deductibles of greater than  
               $2,000 for individuals and $4,000 for families will be  
               prohibited in the small-group market.
             c)   New rating rules.  New federal rules for the individual  
               and group markets, including requiring all insurance  
               carriers to accept every individual who applies for  
               coverage (guaranteed issue and renewability), and  
               prohibiting rating on the basis of health status.  Premiums  
               can reflect age, but cannot vary by more than 3:1, tobacco  
               use (maximum variation of 1.5:1), family composition,  
               participation in a health promotion program, and geography.  
                States will have the option to merge the pooling and  
               rating requirements of the individual and small-group  
               markets.
             d)   Medical Loss Ratio.  PPACA requires health plans and  
               insurers to have a MLR of 85% in the large group market and  
               80% in the small group and individual markets.
             e)   Prohibitions Against Lifetime Benefit Caps.  Group  
               health plans or insurance companies providing group or  
               individual market coverage are prohibited from setting  
               lifetime limits on the dollar value of benefits and from  
               setting unreasonable annual limits on the dollar value of  
               benefits, effective in September 2010.  Annual limits will  
               be banned completely in 2014.
           3)CHBRP ANALYSIS  .  AB 1996 (Thomson), Chapter 795, Statutes of  
            2002, requests the University of California to assess  
            legislation proposing a mandated benefit or service, and  
            prepare a written analysis with relevant data on the medical,  
            economic, and public health impacts of the proposed health  
            plan and health insurance benefit mandate legislation.  The  
            California Health Benefits Review Program (CHBRP) was created  
            in response to AB 1996 and extended for four additional years  
            in SB 1704 (Kuehl), Chapter 684, Statutes of 2006.
          Subsequent to the request that CHBRP analyze a portion of this  
            bill, President Obama signed PPACA into law.  CHBRP's analysis  
            of mandate bills typically address the marginal effects of the  
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            bill,  specifically how the mandate would impact coverage,  
            utilization, costs, and the public health, holding all other  
            factors constant.  PPACA will require plans and policies to  
            cover certain preventive services at first dollar, with no  
            copayments and with preventive services being exempt from  
            deductibles (effective six months after enactment).  Since  
            these would be covered, the marginal cost impact and public  
            health impacts projected in the CHBRP analysis may be  
            diminished.  CHBRP analyzed this bill's provisions that would:
             a)   Require CDI-regulated health insurance policies to  
               provide coverage for "basic health care services" (BHCS),  
               as specified;
             b)   Prohibit such policies from having an annual limit or  
               lifetime limit on BHCS;
             c)   Establish that BHCS must be covered per medical  
               necessity, and thus create a medical necessity standard for  
               these services for CDI-regulated health insurance policies;  
               and,
             d)   Provide the Insurance Commissioner the authority to  
               approve copayments, deductibles, or limitations.
            Following are some of the findings of CHBRP's analysis of this  
          bill:
             a)   Medical Effectiveness:
                 i)       Physical exams:  Adults who receive periodic  
                                                                          health evaluations were more likely to receive three  
                   screening tests for which there is evidence of  
                   effectiveness: cholesterol screening; fecal occult  
                   blood testing for colorectal cancer; and, gynecological  
                   examinations/Pap tests for cervical cancer.  Findings  
                   from studies of the effects of periodic health  
                   evaluations on adults' receipt of counseling regarding  
                   health behaviors, immunization, and mammography were  
                   inconsistent.  Findings regarding the effects of  
                   periodic health evaluations on health outcomes for  
                   adults were inconsistent.  No studies of the  
                   effectiveness of periodic health examinations for  
                   children were identified.
                 ii)    Immunizations:  The CDC recommends a number of  
                   immunizations based on evidence from randomized  
                   controlled trials and nonrandomized studies.
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                 iii)   Health education:  CHBRP states that there is  
                   evidence that some health education services that can  
                   be delivered as part of routine office visits improve  
                   adults' behaviors associated with prevention of illness  
                   or injury, particularly for alcohol misuse, smoking  
                   cessation, sexually transmitted infections, arthritis,  
                   asthma, diabetes, and other chronic conditions.
                 iv)    Vision screening:  No studies of the effectiveness  
                   of screening adults for refractive error (i.e.,  
                   nearsightedness, farsightedness, and astigmatism) were  
                   identified.  There is insufficient evidence to assess  
                   the effectiveness of screening adults for glaucoma.  No  
                   studies were identified that compared prevalence of  
                   amblyopia (i.e., lazy eye) or refractive error among  
                   screened and unscreened children were identified.   
                   CHBRP noted that the lack of evidence for the  
                   effectiveness of either screening is not evidence that  
                   screening provides no benefit.  Evidence from a large,  
                   well-designed randomized control trial suggests that  
                   children who are screened multiple times as infants or  
                   toddlers are less likely to have amblyopia at age 7.5  
                   years than children who are screened only once.
                 v)       Hearing screening:  Evidence from nonrandomized  
                   studies with comparison groups suggest that  
                   participation in a universal newborn screening program  
                   increases the likelihood that a child with permanent  
                   congenital hearing loss will be diagnosed by age nine  
                   months.  Children with permanent congenital hearing  
                   loss diagnosed through universal screening programs  
                   have higher scores on tests of receptive and expressive  
                   language than children with permanent hearing loss who  
                   did not participate in a universal screening program. 
                 vi)    Physical, Occupational, and Speech Therapy: CHBRP  
                   states that there is evidence that some forms of  
                   physical, occupational, and speech therapy are  
                   effective for treatment of some injuries, illnesses,  
                   and conditions.
                 vii)   Home Health Services: CHBRP states that there is  
                   clear and convincing evidence that home health services  
                   are associated with statistically significant  
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                   reductions in days of hospitalization and nursing home  
                   use and with a nonsignificant decrease in mortality  
                   relative to usual care.  There is clear and convincing  
                   evidence that home-based rehabilitation is associated  
                   with fewer days of hospitalization than inpatient  
                   rehabilitation.  There is insufficient evidence to  
                   determine whether home care improves physical or mental  
                   health outcomes for children with very low birth  
                   weight, genetic disorders, or chronic conditions. 
                 viii)  Hospice Care Services:  CHBRP states that the  
                   preponderance of evidence suggests that hospice care  
                   reduces some symptoms associated with terminal illness,  
                   but the evidence of the effects on pain and quality of  
                   life is ambiguous.
                 ix)    Maternity Services: CHBRP has completed three  
                   reports on the effectiveness of prenatal care services,  
                   which have concluded that many prenatal care services  
                   reduce the likelihood of poor birth outcomes for  
                   mothers and newborns.
             b)   Utilization, Cost, and Coverage Impacts:
                 i)       This bill would affect 2,438,000 people enrolled  
                   in CDI-regulated policies.  This bill does not directly  
                   affect privately purchased plans regulated by DMHC nor  
                   would it directly affect publicly purchased  
                   DMHC-regulated plans, California Public Employees'  
                   Retirement System Health Maintenance Organizations  
                   (CalPERS HMOs), Medi-Cal Managed Care, or Healthy  
                   Families.  The main cost effect of this bill is driven  
                   by additional coverage for maternity services within  
                   the CDI-regulated individual market.  Currently,  
                   216,000 individuals are covered for maternity care in  
                   this market, and the mandate would extend this coverage  
                   to 963,000 individuals without maternity services  
                   coverage.  This represents a 446% increase.
                 ii)    Other Coverage:  Currently, 97% of enrollees in  
                   the group market and 88% in the individual market have  
                   coverage for adult preventive services.  Coverage for  
                   physical, occupation, and speech therapy are estimated  
                   to be approximately 100% in the group market and 85% in  
                   the individual market.  Coverage for home health and  
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                   hospice services is estimated to be approximately 100%  
                   in the group markets and 88% in the individual market.   
                   Coverage for maternity services is estimated to be 100%  
                   in the group market (due to existing federal  
                   requirements) and 18% in the individual market.
                 iii)   Utilization:  Utilization for specific BHCS is  
                   estimated to increase by a range: approximately 1.8%  
                   (for home health visits) to 2.4% (for adult physical  
                   exams) over premandate levels.  CHBRP assumed no  
                   increase in utilization of childhood immunizations,  
                   vision exams, and maternity services as a result of the  
                   mandate.  CHBRP estimates no increase in utilization  
                   for maternity services as result of coverage since (1)  
                   most women deliver in a hospital, so utilization for  
                   maternity-related hospitalization is not estimated to  
                   change; and, (2) most women are likely to continue to  
                   face large out-of-pocket expenditures for maternity  
                   services (including prenatal care), regardless of  
                   whether or not their insurance policy includes  
                   maternity benefits.  This is because about 70% of the  
                   women in CDI-regulated individual policies are  
                   currently in high-deductible health plans.
                 iv)    Premiums and Expenditures: The total net annual  
                   expenditures for all plans and policies are estimated  
                   to increase by $49,075,000 (0.06%) for the year  
                   following implementation of the mandate.  Approximately  
                   82% of the expenditure increase is attributable to  
                   maternity services, and the other 18% is associated  
                   with other BHCS.  The increase in out-of-pocket  
                   expenditures for benefits that would be newly covered  
                   (e.g., copayments and deductibles) are estimated to  
                   increase by $32,342,000 (0.54%).  Total premiums  
                   expenditures for private employers purchasing group  
                   insurance are estimated to increase by $4,380,000  
                   (0.01%). Total premiums expenditures for enrollees in  
                   the group market are estimated to increase by  
                   $1,355,000 (0.01%). Total premium expenditures for  
                   individuals purchasing individual insurance are  
                   estimated to increase by $127,949,000 (2.14%).
             c)   Public Health Impacts:  CHBRP estimated that as a result  
               of this bill, there will be an increase in adult preventive  
               services in 10,763 more physical examinations, 12,380  
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               immunizations, 4,427 vision exams, and 2,615 hearing/speech  
               exams.  Although CHBRP is unable to estimate precisely the  
               impact these services will have on public health, some  
               improvement in public health would be expected.  CHBRP  
               estimates that as a result of this bill, utilization of  
               physical, occupational, and speech therapy will increase by  
               4,489 visits.  Some public health benefit would be expected  
               from this increased utilization.  CHBRP estimates that  
               8,300 pregnancies would be newly covered as a result of  
               this bill. CHBRP is not able to predict exactly what the  
               impact of this bill would be on the utilization of  
               effective prenatal services would be, but it stands to  
               reason that some reduction in pregnant women smoking,  
               low-birth weight births, hepatitis B transmissions, HIV  
               transmissions, cases of preeclampsia, and cases of  
               respiratory distress syndrome would be expected.  CHBRP  
               estimates that as a result of this bill, utilization will  
               increase by 2,772 home health visits, and a corresponding  
               decrease in the number of hospitalizations would be  
               expected. No increase in utilization of hospice care is  
               expected as a result of this bill.  CHBRP estimates that  
               utilization of specific BHCS will increase by 1.8%-2.5%.   
               Although CHBRP is unable to determine precisely the impact  
               of this bill on premature death, over time, this bill could  
               potentially contribute to the reduction in premature death  
               in California.
           4)SUPPORT  .  Health Access California (HAC) writes in support  
            that this bill provides substantial consumer protections for  
            those Californians who purchase health coverage as  
            individuals, both now and after 2014, when federal health  
            reform is fully implemented.  HAC writes that the requirement  
            to cover medically necessary care, including maternity care,  
            eliminates "junk insurance" under which a health insurance  
            policy can cover only a few days of hospitalization or a  
            limited dollar amount for hospital care, or only a few doctor  
            visits a year.  HAC argues eliminating lifetime and annual  
            caps on coverage will help individuals facing catastrophic  
            costs due to cancer, a heart attack or other serious illness,  
            and will help reduce medical debt among those who are insured.
          HAC states that today insurers use the illusion of consumer  
            choice to select the customers they want and discourage the  
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            customers they do not want.  Insurers invent new products  
            designed to attract consumers who are healthy and discourage  
            those with significant medical needs from seeking individual  
            coverage.  The new federal health care reform law will require  
            insurers to take all comers, but further action is needed to  
            assure that insurers cannot game the new system as they  
            manipulate the existing market to cherry pick the healthy  
            while avoiding those who need health care.  HAC argues this  
            bill proposes the same solution for this problem that  
            currently exists in Medi-Gap, CalPERS, and most large employer  
            coverage---and a solution similar to what the Massachusetts  
            Connector is in the process of adopting.  The solution is to  
            specify the products that can be offered rather than allowing  
            insurers to design these products to benefit the insurer first  
            and foremost.   This bill proposes one HMO product and one PPO  
            product for each level of coverage that will be available to  
            individuals in 2014.   
          HAC states that today, an individual consumer facing premium  
            hikes of 39% or more must be offered coverage with comparable  
            or lesser benefits by the insurer currently covering them.   
            But in order to move from one insurer to another, individuals  
            must undergo medical underwriting, and an unknown but  
            significant proportion of those who seek coverage fail  
            underwriting.  HAC states this bill allows consumers facing  
            high premiums and lower benefits to vote with their feet by  
            changing insurers to obtain lower premiums for comparable or  
            lesser benefits.  HAC also states this bill will limit premium  
            variation for individual consumers by age and product  
            category, smoothing out increases in premiums by requiring  
            that premium increases above a certain threshold be spread  
            across the entire market. 
          The Kaiser Permanente Medical Care Program (Kaiser) writes in  
            support that this bill provides a bridge between California's  
            current lackluster and inconsistent market rules to those that  
            will be in effect in 2014, upon full implementation of the  
            federal health care reform bill.  Kaiser writes that this bill  
            levels the playing field by requiring all health coverage in  
            the individual market to cover medically necessary care,  
            including maternity care.  Kaiser states carriers wishing to  
            offer cheaper products by limiting benefits, or eliminating  
            entire categories of benefits altogether, simply move business  
            from DMHC regulation to CDI regulation.  
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            Kaiser states that, of the 138 insurance choices available in  
            the market today, just 18 cover maternity - and 11 of these  
            are offered by Kaiser.  Kaiser believes maternity coverage is  
            an important part of health care, and the ability to carve out  
            benefits such as maternity, or limit drug coverage to generic  
            coverage only, have a profound, though not obvious effect:  
            they attract healthy customers to the carriers that offer  
            plans with such features.  After the young and healthy have  
            been skimmed from the top, the pool that remains is sicker,  
            and their coverage becomes more expensive.  Kaiser takes the  
            view that a uniform and reasonable package of benefits should  
            be established, and that all carriers should offer it.    
            Kaiser also writes the standard benefit plan designs will  
            substantially strengthen the ability of consumers to choose in  
            the individual health plan marketplace, and close off  
            opportunities for plans and insurers to avoid aggressive price  
            competition.  Every plan wishing to compete in the market must  
            offer only these plans and not others, which will provide  
            fierce competition on quality and price alone to proceed.   
            Kaiser states that today's insurance market would be made more  
            competitive if consumers were armed with the ability to make  
            "apples-to-apples" comparison through a structured market, and  
            if carriers were forced to abandon today's practice of  
            designing benefits to attract one type of customer (namely the  
            healthy types) over another.
            Kaiser writes that this bill establishes important limits on  
            how health plans and insurers set prices for different groups  
            of individuals by creating standard geographic regions, and  
            allowing health plans and insurers to increase rates for  
            specific regions and products no more than 10% above or below  
            that plan's average increase.  This bill also requires annual  
            increases for age, rather than grouped into age bands of five  
            or 10 years (e.g., ages 45-49).  In so doing, this bill should  
            eliminate much of the extreme price volatility that has been  
            the focus of much concern in recent months.  This bill also  
            standardizes the extent to which consumers can be "rated up"  
            when their health status is less than ideal.  Finally, Kaiser  
            writes this bill eliminates lifetime and annual caps on  
            coverage, and establishes in state law minimum "MLRs,"  
            consistent with the provisions of federal reform.  Kaiser  
            concludes that it believes these are appropriate reforms, and  
            that California law, which presently conflicts with these new  
            federal provisions, should be updated to reflect them.
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            The California Medical Association (CMA) writes in support  
            that this bill would make it easier for Californians  
            purchasing health insurance in the individual market to  
            compare products and "vote with their feet" when they are  
            unhappy with their coverage.  CMA states the individual market  
            today is confusing and intimidating, and the coverage that is  
            available falls short in many ways.  By leveling the playing  
            field among all carriers and mandating comprehensive coverage,  
            this bill will address the migration of insurance from HMO  
            products regulated under DMHC to PPO products regulated with  
            much less oversight under CDI.  
            CMA states this bill also puts an end to the ability of health  
            insurers to create a Catch-22 situation for enrollees by  
            offering a confusing and ever-changing array of PPO products  
            that attract enrollees with low rates and skinny coverage and  
            then raise rates on captive enrollees.  CMA states it would  
            like to continue to work with the author to ensure that  
            physicians are fairly represented as the implementation goes  
            forward via the Commission and that the MLR provisions of the  
            bill are meaningful and as strong or stronger than what will  
            ultimately be effective in federal law, the details of which  
            are still in flux.
           5)OPPOSITION  .  Anthem Blue Cross (ABC) writes that this bill  
            requires richer products without offering subsidies to people  
            who want to buy health insurance, and those who cannot afford  
            these more expensive insurance products will likely go  
            uninsured.  ABC further states that by making health insurance  
            more expensive and not providing subsidies for those  
            purchasing in the individual market, this bill will force more  
            individuals into the high risk pool.  ABC also objects to  
            limiting the market to five products per company/regulator as  
            it takes out choice and innovation in the marketplace.   
            Furthermore, ABC states that if plans are limited to only 10  
            products across CDI and DMHC, and those products, by law, must  
            be identical, there is no incentive to provide coverage  
            through both regulatory agencies and choice is eliminated in  
            the marketplace.  ABC asserts that if every carrier's products  
            have to be removed from the market and re-filed, this will  
            create a huge disruption in the individual marketplace unless  
            the state found some way to pay for more staff at CDI and  
            DMHC.  ABC writes that the provision allowing consumers to  
            switch between different insurers is problematic under a  
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            scenario where a consumer gets a serious disease and be in a  
            closed network-HMO plan that does not include a provider or  
            institution which would provide the best treatment for his/her  
            condition.  ABC states that under this bill, that person could  
            switch to a PPO plan and access the very best provider network  
            for the treatment of his/her illness.  ABC states that this is  
            a gaming of the system before federal health care reform takes  
            effect in 2014.  ABC writes that the statutory price-fixing  
            provisions contained in this bill do little to address the  
            overall costs of health care, and that plans will have to  
            raise the overall costs to healthier people and increase the  
            price of lower-tiered products to meet the criteria of this  
            bill.  ABC states that this will lead to younger, healthier  
            people leaving the market because they will be unable to  
            afford coverage.  ABC further writes that it is unclear why a  
            third regulator is needed when there are already two in  
            California (the only state with dual regulators).  Finally,  
            ABC states that this bill accelerates huge pieces of federal  
            health care reform but misses a critical element: an  
            individual mandate.  So while this bill increases costs, only  
            those who can afford care or are in need of care will purchase  
            it, further diluting the risk pool and leading to high costs  
            prior to 2014.  
            The Association of California Life and Health Insurance  
            Companies (ACLHIC) echoes ABC's opposition to the provisions  
            in this bill related to standard benefit design, the  
            requirement that health insurers meet the product design  
            standards in the Knox-Keene Act, and the portability  
            provisions.  ACLHIC writes that under PPACA, the individual  
            market will be redesigned by 2014 and that by the end of this  
            year alone, nine new benefits will be added to all policy  
            forms as well as new Web-based portals and other consumer  
            disclosures that will make comparison and shopping easier and  
            more transparent.  ACLHIC believes that it is neither  
            necessary, nor appropriate, for California's individual and  
            group market to be overhauled in the next few years before  
            undergoing the necessary changes in accordance with federal  
            law. In addition, ACLHIC asserts that this bill's redesign,  
            unlike the federal law's changes, will not have the guidance  
            of federal regulations to make the transformation as easy as  
            possible.  ACLHIC writes that their members' time and  
            resources would be better spent on implementing the provisions  
            of PPACA that are required in the next few years, and not on  
            California-specific requirements that will eventually have to  
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            be reworked once the PPACA is implemented.
            The California Association of Health Underwriters (CAHU)  
            writes that this bill is the antithesis of an open marketplace  
                                       and that in considering PPACA, Congress considered requiring  
            specific plan designs and rejected it.  CAHU further states  
            that the provisions creating a commission to oversee the  
            individual market is redundant and adds confusion to who  
            actually has regulatory authority over these products while  
            increasing the cost to the taxpayer or premium payer.  CAHU  
            reiterates ABC and ACLHIC's assertion that requiring rich  
            benefit plan designs will lead to increased premiums without  
            federal subsidies, which will result in an increase in the  
            number of uninsured.  Finally, CAHU states that this bill  
            creates a completive advantage for plans that only operate in  
            urban areas where there is intense price competition among  
            physician groups.
           6)CONCERNS  .  Blue Shield of California (BSC) writes that they  
            are very concerned that by unraveling certain components of  
            PPACA from the larger fabric of federal reform, this bill will  
            increase the number of uninsured between now and 2014,  
            disparately impact lower income Californians and unnecessarily  
            increase premiums.  BSC states that the fundamental problem  
            with early enactment of rich minimum benefit requirements is  
            that federal subsidies to purchase these more expensive  
            products will not be available to Californians until 2014.   
            BSC also expresses concern with the portability provisions  
            under this bill, and states that health plans with broad  
            networks will have a disproportionate number of seriously ill  
            individuals transferring into their products while health  
            plans with narrow networks will shed those individuals from  
            their rolls, which will result in significantly higher  
            premiums for those individuals who are members of health plans  
            that have the broadest networks.  BSC writes that under PPACA,  
            product offerings in the individual market will undergo a  
            complete redesign in the next four years, but this bill would  
            overlay a second complete redesign of the same exact product  
            offerings ahead of the federal schedule and without the  
            benefit of federal regulations to guide the effort.  BSC  
            states that until we see what the federal regulations will  
            look like, we should not be forcing massive product changes  
            onto the marketplace that may or may not survive once the 2014  
            requirements are unveiled.  
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           REGISTERED SUPPORT / OPPOSITION  :
           Support 
           
          Health Access California (sponsor)
          Kaiser Permanente Medical Care Program (sponsor)
          AARP
          Alliance of Californians for Community Empowerment
          American Federation of State, County and Municipal Employees
          American Heart Association
          Anaheim Chamber of Commerce
          California Association of Physician Groups
          California Children's Hospital Association
          California Hispanic Chambers of Commerce
          California Hospital Association
          California Medical Association
          CALPIRG
          Community Health Partnership
          Congress of California Seniors
          Consumers Union
          International Brotherhood of Electrical Workers - Local 332
          Kern County Medical Society
          Local Health Plans of California
          Los Angeles County Medical Society
          MemorialCare Health System
          Monterey County Medical Society
          Orange Coast Memorial
          Orange County Hispanic Chamber of Commerce
          Orange County Medical Association
          Planned Parenthood Affiliates of California
          San Bernardino County Medical Society
          San Francisco Medical Society
          San Mateo Central Labor Council
          San Mateo County Board of Supervisors
          San Mateo County Medical Association
          Santa Clara Family Health Plan
          Service Employees International Union
          Sierra Sacramento Valley Medical Society
          Six Rivers Planned Parenthood
          South Bay AFL-CIO Labor Council
          St. Joseph Health System
          Stanford Hospital and Clinics
          Stanislaus Medical Society
          United Nurses Associations of California/Union of Health Care  
          Professionals
                                                                  SB 890
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          Working Partnerships USA
           
            Opposition 
           
          Anthem Blue Cross
          Association of California Life and Health Insurance Companies
          California Association of Health Underwriters
           Analysis Prepared by  :    Melanie Moreno / HEALTH / (916)  
          319-2097