BILL ANALYSIS SENATE HEALTH COMMITTEE ANALYSIS Senator Elaine K. Alquist, Chair BILL NO: SB 900 S AUTHOR: Alquist B AMENDED: April 8, 2010 HEARING DATE: April 21, 2010 9 CONSULTANT: 0 Bain/cjt 0 SUBJECT California Health Benefits Exchange SUMMARY Establishes in the California Health and Human Services Agency (Agency) the California Health Benefits Exchange (Exchange). Specifies the duties and authority of the Exchange. Requires the Exchange be governed by a board with four-year terms whose members are appointed by the Governor and the Legislature. Requires the Exchange to negotiate and enter into contracts with health plans. Requires the Exchange to offer a choice of health plans in each region of the state, including a choice in each region of the state between the five levels of coverage contained in federal law (a platinum, gold, silver, bronze and catastrophic level benefit plan). CHANGES TO EXISTING LAW Existing state law: Establishes the Managed Risk Medical Insurance Board (MRMIB), which administers the Healthy Families Program, the Major Risk Medical Insurance Program, and the Access for Infants and Mothers Program. MRMIB is a seven-member board in the Agency with three gubernatorial appointments, two legislative appointments and two ex officio non-voting members. MRMIB administers three programs (the Healthy Families Program, the Access for Infants and Mothers Continued--- STAFF ANALYSIS OF SENATE BILL 900 (Alquist) Page 2 Program and the Major Risk Medical Insurance Program), under which it has authority to contract with health plans. Existing federal law: Existing law, the federal Patient Protection and Affordable Care Act (the federal Act), (Public Law 111-148), requires each state, by January 1, 2014, to establish an American Health Benefit Exchange that makes qualified health plans available to qualified individuals and qualified employers. Federal law establishes requirements for the Exchange, for health plans participating in the Exchange, and defines who is eligible to receive coverage in the Exchange. Effective January 1, 2014, the federal Act allows individual taxpayers whose household income equals or exceeds 100 percent, but does not exceed 400 percent of the federal poverty level, a refundable tax credit for a percentage of the cost of premiums for coverage under a qualified health plan. The federal Act also requires reductions in the maximum limits for out-of-pocket expenses for individuals enrolled in qualified health plans whose incomes are between 100 percent and 400 percent of the federal poverty level. The federal Act also allows "qualified small employers" to elect, beginning in 2010, a tax credit worth up to 35 percent of a small business' health insurance premium costs in 2010. On January 1, 2014, this rate increases to 50 percent (35 percent for tax-exempt employers). A qualifying employer must cover at least 50 percent of the cost of health care coverage for some of its workers based on the single rate. A qualifying employer must have less than the equivalent of 25 full-time workers (for example, an employer with fewer than 50 half-time workers may be eligible). A qualifying employer must pay average annual wages below $50,000. Both taxable (for-profit) and tax-exempt firms (nonprofits) qualify. The credit phases out gradually for firms with average wages between $25,000 and $50,000 and for firms with the equivalent of between 10 and 25 full-time workers. After January 1, 2014, the tax credit is only available for coverage purchased through the Exchange, and only for two consecutive years. This bill: Establishes in the Agency the Exchange, and makes the STAFF ANALYSIS OF SENATE BILL 900 (Alquist) Page 3 purpose of this bill to implement the provisions of the federal Act requiring the establishment of an American Health Benefit Exchange. Requires the Exchange be governed by a board with four-year terms whose members are appointed by the Governor and the Legislature. Requires the Exchange board to hold public meetings on a bimonthly basis, or more frequently as necessary. States legislative intent that the Exchange provide a consumer-friendly process that facilitates the seamless enrollment of individuals in health care coverage. Requires the Exchange to meet various requirements, including: Negotiating and entering into contracts, including selective provider contracts, with health plans seeking to offer coverage in the Exchange; Providing a choice of health plans in each region of the state, including a choice in each region of the state between the five levels of coverage contained in federal law (a platinum, gold, silver, bronze and catastrophic benefit plan); Requiring the Exchange to employ necessary staff, including actuarial staff; Requiring the Exchange to receive federal funds for purposes of establishing and administering the Exchange, including funds made available by the federal Act. Requires the Exchange to meet the requirements of the federal Act for establishing an Exchange, and requires the Exchange to perform the following federal requirements in a consumer-friendly manner: Provide for the operation of a toll-free telephone hotline to respond to requests for assistance. Maintain an Internet website through which enrollees and prospective enrollees of qualified health plans can obtain standardized comparative information on those plans. Assign a rating to each qualified health plan offered through the Exchange in accordance with federal criteria developed under the Act. Utilize a standardized format for presenting health benefits plan options in the Exchange, including the use STAFF ANALYSIS OF SENATE BILL 900 (Alquist) Page 4 of the uniform outline of coverage established under federal law. Inform individuals of eligibility requirements for the Medi-Cal Program, the Healthy Families Program, or any applicable state or local public health care coverage program and, if eligible, enroll the individual in that program. Establish and make available by electronic means a calculator to determine the actual cost of coverage after the application of any premium tax credit and any cost-sharing reduction under the federal Act. Grant a certification, subject to the federal Act and any implementing regulations, attesting that an individual is exempt from the individual responsibility requirement (known as the individual mandate) or from the penalty imposed because of either of the following: o There is no affordable qualified health plan available through the Exchange, or the individual's employer, covering the individual. o The individual meets the requirements for any other exemption from the individual responsibility requirement or penalty. Establish quality incentives and rewards consistent with specified provisions of the Act, including, but not limited to, incentives that encourage the use of delivery systems that deliver cost-effective, high-quality care. Permits the Exchange to do the following: Issue rules and regulations, as necessary, and until January 1, 2014, emergency regulations. Apply for and receive funds from private foundations. Exercise the federal option to provide a single exchange for providing services to both qualified individuals and qualified small employers, if the Exchange makes all of the following determinations: o Providing coverage through a single exchange will provide a significant benefit for the health coverage marketplace in the state. o Providing coverage through a single exchange will be cost effective for both qualified individuals and qualified small employers. o The Exchange can make coverage available through a single exchange on a guarantee issue basis without undue risk of adverse selection. Enter into other contracts as are necessary or proper to STAFF ANALYSIS OF SENATE BILL 900 (Alquist) Page 5 carry out the duties of the Exchange, including, but not limited to, contracts for enrollment processing. Determine the health benefits coverage for small employers that the Exchange will contract to purchase from participating carriers. Appoint committees, as necessary, to provide technical assistance in the operation of the Exchange. Undertake activities necessary to administer the Exchange, including marketing and publicizing the Exchange and establishing rules, conditions, and procedures for ensuring carrier, employer, and enrollee compliance with Exchange requirements, consistent with federal law and regulations. Consistent with federal procedures established by the Act, establish procedures to allow agents or brokers to do both of the following: o Enroll individuals in any qualified health plan in the individual or small group market as soon as the plan is offered through the Exchange. o Assist individuals in applying for premium tax credits and cost-sharing reductions for health plans sold through the Exchange. Prohibits the Exchange from being subject to licensure or regulation by the California Department of Insurance or the Department of Managed Health Care. Requires carriers that contract with the Exchange to be in good standing with their respective regulatory agencies. Allows individuals and employers the right to appeal to the board if they are dissatisfied with any action or failure to act that has occurred in connection with eligibility for, or enrollment in, the Exchange. Requires the individual/employer be accorded an opportunity for a fair hearing, and requires hearings to be conducted pursuant to the provisions of the Administrative Procedure Act. Prohibits this bill from being construed to compel an individual to enroll in a qualified health plan or to participate in the Exchange. FISCAL IMPACT This bill has not been analyzed by a fiscal committee. This bill establishes the California Health Benefits STAFF ANALYSIS OF SENATE BILL 900 (Alquist) Page 6 Exchange Fund (Fund) in the State Treasury as a special fund consisting of revenue necessary for the purposes of this bill. Permits any moneys in the Fund that are unexpended or unencumbered at the end of a fiscal year to be carried forward to the next succeeding fiscal year, and requires all interest earned on money in the fund to be retained in the Fund. This bill requires the board to establish a prudent reserve in the Fund, requires moneys in the Fund, upon appropriation by the Legislature, to be used by the board for the purposes of this bill. BACKGROUND AND DISCUSSION According to the author, one of the critical pieces of the federal health reform legislation is the establishment of an American Health Benefit Exchange. Each state is required to establish such an Exchange by January 1, 2014, and this bill would require the establishment of a California Health Benefit Exchange as a government entity within the California Health and Human Services Agency. The author argues the Exchange should be a public entity with legislative and gubernatorial appointments that holds public meetings to ensure accountability and transparent decision-making. According to the author, the Exchange would be an "active purchaser" on behalf of people receiving coverage in the Exchange. It would negotiate and enter into contracts with health plans seeking to participate in the Exchange, and would establish quality incentives for health plans that encourage the use of cost-effective, high-quality delivery systems. Additionally, the author argues a broad choice of health plans should be available in the Exchange beyond what is required under federal law. This bill requires the Exchange to offer a choice of health plans in each region of the state of the five levels of coverage (platinum, gold, silver, bronze and catastrophic) contained in federal law, rather than the two levels of coverage (gold and silver) required in the federal Act. The author points out that California is familiar with the Exchange model as the state currently administers a purchasing pool for approximately 1.3 million public employees (through CalPERS) and three smaller purchasing pools, one for pregnant women, one for low-income children, and one for medically uninsurable individuals, that are STAFF ANALYSIS OF SENATE BILL 900 (Alquist) Page 7 administered by the Managed Risk Medical Insurance Board and that have a combined enrollment of over 900,000 individuals. MRMIB also previously administered a purchasing pool for small employers known as the Health Insurance Plan of California or "HIPC." While there are many policy decisions to make regarding state implementation of an Exchange, the author believes the statutory framework must be built early so that the state can begin establishing the administrative infrastructure (hiring staff, contracting with health plans and vendors, and establishing enrollment processes) for an entity that will ultimately facilitate the enrollment of millions of Californians in health coverage. Background on the Exchange The federal Act requires each state, by not later than January 1, 2014, to establish an American Health Benefit Exchange that: Facilitates the purchase of qualified health plans, and, Provides for the establishment of a Small Business Health Options Program or "SHOP Exchange" that is designed to assist small employers in facilitating the enrollment of their employees in qualified health plans offered in the small group market in the state. The Secretary of the federal Department of Health and Human Services is required (through regulation) to establish criteria for the certification of health plans qualified to participate in the Exchange. Those requirements include meeting marketing requirements; ensuring a sufficient choice of providers; and requiring plans to consider all enrollees in the individual market (except for grandfathered plans), both in and outside the Exchange, to be considered members of a single risk pool, and all enrollees in the small group market (except for grandfathered plans), both in and outside the Exchange to be members of a single risk pool. The Act also sets forth the requirements for an Exchange, including that an Exchange must be a governmental agency or nonprofit entity that is established by a state. The Exchange is also charged with several duties, including screening and enrolling individuals in other public programs, establishing a toll-free hotline and website, STAFF ANALYSIS OF SENATE BILL 900 (Alquist) Page 8 assigning a quality and price rating to each health plan, granting exemptions from the federal requirement to have health insurance, providing an online calculator to determine the actual cost of coverage after federal tax subsidies are considered, and awarding grants to "navigators" to conduct public education and facilitate in qualified health plans. Enrollment in the Exchange is open to any "qualified individual" who seeks to enroll in a qualified health plan in the individual market offered through the Exchange and who resides in the state that established the Exchange. Individuals who are incarcerated (except for incarceration pending the disposition of charges) are ineligible for the Exchange, as are undocumented immigrants. The Exchange is also open to a "qualified employer," which is defined as a small employer that elects to make all full-time employees of such an employer eligible for one or more qualified health plans offered in the small group market through an Exchange. Federal health care reform establishes, for qualified small employers , a tax credit for up to 50 percent of their employee health care coverage expenses beginning in 2010. In 2014, federal health care reform allows individual taxpayers whose household income equals or exceeds 100 percent but does not exceed 400 percent, of the federal poverty level (FPL) a refundable tax credit for a percentage of the cost of premiums for coverage under a qualified health plan. The Act also requires reductions in the maximum limits for out-of-pocket expenses for individuals enrolled in qualified health plans whose incomes are between 100 percent and 400 percent of FPL. The Exchange is the only place where tax credits for health coverage are available to individuals. Beginning in 2014, the tax credits for small employers are also only available through the Exchange, and small employers can claim the credit only for two consecutive taxable years. Because the tax credits are only being available through the Exchange, the Exchange is projected to have a sizable number of individuals, and a significant impact on the health insurance marketplace. A UC Berkeley estimate following the enactment of federal health care reform STAFF ANALYSIS OF SENATE BILL 900 (Alquist) Page 9 estimates 8.4 million Californians will be eligible for the Exchange, with 2.9 million (35 percent) of those individuals eligible for the Exchange with a subsidy. Of the 2.9 million individuals eligible for a subsidy in the Exchange, the UC Berkeley estimate is that 2,450,000 (84 percent) are individuals and 545,000 are employees of small employers. Related bills AB 1602 (Perez) would establish the California Health Benefit Exchange in state government to be governed by an executive board appointed, in an unspecified manner, by the Governor and the Legislature. The bill would specify the powers and duties of the board relative to determining eligibility for enrollment in the Exchange and arranging for coverage with participating health, dental, and vision plans. AB 1602 would create the California Health Trust Fund as a continuously appropriated fund, and would enact other related provisions. AB 1602 is set for hearing in the Assembly Health Committee on April 20, 2010. SB 890 (Alquist) would allow people to switch to a different individual health plan or insurer on the anniversary date of their current policy, on a guarantee issue basis, to a policy of equal or lesser value. Requires health plans and health insurers in the individual market to offer standardized products (five preferred provider organization [PPO] products and five health maintenance organization [HMO] products), and prohibits plans and insurers from offering other products. 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. Requires a minimum health plan medical loss ratio of 85 percent for large group and 80 percent for individual and small group. Prior legislation AB1X 1 (Nunez) of 2007, among its many provisions, would have established the California Cooperative Health Insurance Purchasing Program (Cal-CHIPP) as a state purchasing program, or health insurance purchasing pool, STAFF ANALYSIS OF SENATE BILL 900 (Alquist) Page 10 administered by MRMIB, to negotiate and contract with carriers to offer health coverage to eligible persons. AB 1X 1 would have established the duties, authority and responsibility for MRMIB in the operation of Cal-CHIPP. Cal-CHIPP would have been operational on January 1, 2009 and would have been required to provide health care coverage beginning July 1, 2010. Failed passage in Senate Health. AB 8 (Nunez) of 2007 was similar to AB1X 1, including that it would have established a purchasing pool. Vetoed by the Governor. Arguments in support CALPIRG writes that creating a strong consumer-friendly Exchange has the potential to leverage significant improvements in almost every aspect of how consumers shop for, purchase and receive coverage. CALPIRG writes in support that this bill makes key policy decisions that will help to lower costs for consumers, such as creating a single exchange for both small businesses and individuals, and by offering incentives and rewards to encourage health plans to adopt cost-saving quality-enhancing delivery system reforms. CALPIRG writes this bill will spur the development of an innovative approach to care that can truly bend the curve of rising health care costs. The Congress of California Seniors writes in support that the Exchange established by this bill is a key piece of the reformed health insurance system required by federal law, and this bill would allow California to begin preparing for these reforms in a timely fashion. Health Access California (HAC) writes that it strongly supports this bill as the enactment of federal health reform shifts the debate over health care back to the states. One of the first steps that must occur is to create an exchange that will offer affordable coverage to individuals and small businesses. HAC states California has a long experience with Exchanges as CalPERS operates an exchange or purchasing pool to provide health benefits for state and local government employees, as does MRMIB. HAC states MRMIB once operated an exchange for small businesses, but it was privatized and later failed. HAC states the relative success of the publicly operated exchanges, with their governing boards that meet in public and that are subject to legislative oversight, along with STAFF ANALYSIS OF SENATE BILL 900 (Alquist) Page 11 the failure of the privatized small business exchange, argue for a public governance structure like that proposed in this measure. HAC states CalPERS has led the way nationally in purchasing health insurance based on both cost and quality, and that MRMIB has done an effective job of purchasing based on cost, but because it has had a relatively small market share, it has not had the capacity to drive quality improvements. HAC states an Exchange should build on this experience to reduce the cost of coverage for individuals and small businesses while driving an agenda of improving quality and making prevention a key priority. In addition, HAC writes that the newly created Exchange should use its market power to drive delivery system improvements similar to changes for Medicare and Medi-Cal, and prevention should be among the objectives of the Exchange. HAC states it looks forward to working with the author to strengthen this language as this measure progresses. HAC writes that, while the Exchange is a major market player, it should not be housed with the regulator, and the exchange is first and foremost a purchaser of coverage, with the objective of getting the best deal in buying that coverage. HAC concludes that it is essential that the Exchange be consumer friendly both for individual consumers and for small businesses who will be the customers for the exchange. HAC concludes that, like others involved in the policy process, it is continuing to refine and improve its thinking on the Exchange as the discussion progresses, and it looks forward to working with the author as well as others in this effort. Arguments in opposition Anthem Blue Cross (ABC) writes in opposition that the Exchange established by this bill is inconsistent with the concept of consumer choice because it requires the Exchange to determine the health benefits coverage for small employers. ABC argues having the Exchange determine the health benefits coverage is duplicative of federal requirements, will limit the choice of plans for those purchasing coverage with a tax credit in the Exchange, and having the Exchange perform this function adds an added layer of expense because DMHC and CDI already will be approving products consistent with the new federal Act. STAFF ANALYSIS OF SENATE BILL 900 (Alquist) Page 12 ABC also objects to allowing Medi-Cal County Organized Health Systems (COHS) to provide coverage in the private market through the Exchange. ABC argues COHS are government-run plans, and the idea of allowing the government to sell coverage in the private market was rejected during the federal legislative process. ABC argues the COHS would not meet federal requirements to qualify as a qualifying plan in the Exchange. Concerns The California Association of Health Plans (CAHP) writes that this bill in its current form includes a number of duties for the Exchange beyond the mandatory and optional powers outlined in federal health care reform, including granting the Exchange the power to contract with plans and providers, set benefit designs in the small group market, and purchase coverage. CAHP states that, while it is still formulating its opinions on these aspects of the bill, it believes it is important to note its concerns to the committee as this bill moves forward. The Association of California Life and Health Insurance Companies (ACLHIC) writes with similar concerns, arguing the bill goes beyond federal law in giving the Exchange the authority to decide which health insurers and health plans would be allowed to participate. ACLHIC also expresses concern that the bill appears to give the board premium setting authority, which ACLHIC argues exceeds the provisions of federal law. Health Net also has concerns with this measure as its preliminary review of this bill found that there are provisions relating to the creation of the Exchange that are consistent with the duties of the exchange outlined in the federal act; in some cases wording is identical, but in others that is not the case. Health Net states that there are some provisions that do not follow the authority as set forth in federal health care reform, and there are some provisions found in the federal act that are not yet reflected in the language of this bill. Health Net indicates it will work collaboratively with the Legislature and our California regulators to implement federal health care reform, including the creation of an Exchange. COMMENTS Federal law places a number of specific requirements on the Exchange and on health plans that participate in the STAFF ANALYSIS OF SENATE BILL 900 (Alquist) Page 13 Exchange, but leaves several policy decisions up to states for implementation. Those policy choices include what type of entity administers the Exchange, whether to combine the individual and small employer SHOP Exchange into one Exchange, whether to have a regional exchange with another state or allow multiple exchanges within a state, whether to allow large employers to participate in the Exchange, how to provide ongoing funding for the Exchange, the scope of benefits in the Exchange, and the number of products and health plans offered through the Exchange. Policy questions for the Legislature to consider in establishing an Exchange include the following: 1. What entity should be the Exchange? Federal law requires the Exchange to be a governmental agency or nonprofit entity that is established by a state. If a state fails to establish an Exchange, the Secretary of HHS must (either directly or through agreement with a not-for-profit entity) establish and operate the Exchange within the state, and the Secretary must take actions necessary to implement these other requirements. This bill establishes the Exchange in the Agency, and requires the Exchange be governed by an unspecified board with four-year terms whose members are appointed by the Governor and the Legislature. 2. The Exchange as active purchaser, passive clearinghouse or hybrid market organizer? This bill authorizes the Exchange to negotiate and enter into contracts with carriers seeking to offer coverage in the Exchange. According to a California HealthCare Foundation issue brief entitled, "Building a National Insurance Exchange: Lessons from California" released in July 2009, the basic concept of an insurance exchange is not new, but there are several variations on the idea: a. Active purchaser. The model for this approach is large employers who negotiate and selectively contract with insurers that offer a high-value product in exchange for a large volume of enrollees. Where this exchange model has operated in the past, there has been a market both within and outside the exchange seeking to attract the same customers. The Health Insurance Plan of California (HIPC) and its successor PacAdvantage are examples of this model. STAFF ANALYSIS OF SENATE BILL 900 (Alquist) Page 14 b. Passive clearinghouse. An exchange built on this model is merely a "price taker" willing to accept all health plans, a place where employers and individuals can go to find a range of coverage offerings and compare price, quality, and service levels. Participating plans compete for exchange enrollees on the basis of cost and quality. The Federal Employees Health Benefit Program is an approximate example of this model. c. Hybrid market organizer. An entity built on this model does not directly negotiate prices or selectively contract; however, it may define standard benefit packages, provide some degree of endorsement, and otherwise indirectly encourage health plans to offer high-value coverage. The Massachusetts Connector is an example. Among the findings of the issue brief are: (a) that any exchange that actively enters the market for health insurance will have a very difficult time achieving its objectives if it is not the exclusive source of coverage for some populations, such as small employers or individual purchasers; (b) if there is competition for the same customers inside and outside the exchange, the exchange will be unable to offer lower prices on a sustained basis; and (c) without sufficient numbers of health plans, the exchange cannot offer meaningful choice or enhance the portability of coverage. 3. Should the state operate one exchange for both qualified individuals and small employers? Should the state have more than one exchange within the state, or form a regional exchange with another state? Federal law requires states to establish an Exchange that facilitates the purchase of qualified health plans and provides for the establishment of a SHOP. Federal law allows states to elect to provide only one Exchange for providing both Exchange and SHOP Exchange services to both qualified individuals and qualified small employers, but only if the Exchange has adequate resources to assist such individuals and employers. This bill is silent on forming more than one Exchange in the state and authorizing a regional Exchange. This bill STAFF ANALYSIS OF SENATE BILL 900 (Alquist) Page 15 authorizes the Exchange to provide a single exchange for providing services to both qualified individuals and qualified small employers (SHOP), if the Exchange makes all of the following determinations: a) Providing coverage through a single exchange will provide a significant benefit for the health coverage marketplace in the state; b) Providing coverage through a single exchange will be cost effective for both qualified individuals and qualified small employers; and, c) The Exchange can make coverage available through a single exchange on a guarantee issue basis without undue risk of adverse selection. 4. How should the Exchange be funded on an ongoing basis? Federal health care reform requires there be appropriated an amount necessary to enable the Secretary to make awards to states not later than one year after the date of enactment of the federal Act. States are required to use the amounts awarded for activities (including planning activities) related to establishing an Exchange. The Secretary can renew a grant, but federal law prohibits a grant from being awarded after January 1, 2015. In establishing an Exchange, federal law requires states to ensure that the Exchange is self-sustaining beginning on January 1, 2015. Federal law permits allowing the Exchange to charge assessments or user fees to participating health insurance issuers, or to otherwise generate funding, to support its operations. This bill is silent on ongoing funding for the Exchange. 5. Should the Exchange include large employers? Beginning in 2017, each State can allow health insurers offering coverage in the large group market to offer such health plans in the Exchange. In determining whether to offer health plans in the large group market through an Exchange, states must take into account any excess premium growth outside of the Exchange as compared to the rate of such growth inside the Exchange. Plans are also not required to offer such products in the Exchange. This bill is silent on including large employers in the Exchange after 2017. STAFF ANALYSIS OF SENATE BILL 900 (Alquist) Page 16 6. Health plan benefits beyond required federally required "essential health benefits." Federal law requires health plans and health insurers, effective January 1, 2014, to ensure health plans provide coverage for "essential health benefits," as defined by the Secretary of HHS. The statutory list of essential health benefits in the federal Act is generally broader than state law requirements (two exceptions are the requirement that DMHC plans cover home health services and hospice care), although the scope of essential health benefits will depend upon the federal regulations. Exchanges can require that a qualified health plan offer benefits in addition to the federal essential health benefits. However, a state must assume the cost of doing so by making payments to an individual eligible for the premium tax credit and any cost-sharing reduction under the Act to defray the cost to the individual of any additional benefits which are not eligible for such credit or reduction. Following the regulatory publication of what is and what is not included in the federal definition of "essential health benefits," the Legislature may need to determine whether to continue existing benefit mandates that exceed federal minimums, or determine how to fund the cost to the individual for benefits that are not eligible for the federal credit or cost-sharing reduction. 7. What health plans should be eligible to participate in the Exchange? This bill requires health plans in the Exchange to be licensed and in good standing with their regulator, and specifically includes local initiative plans (LIs), a county organized health systems (COHS), or a joint venture of local initiative plans and county organized health systems, as entities eligible to provide coverage in the Exchange. LIs and COHS plans are Medi-Cal plans in nearly all of the major population counties. Anthem Blue Cross objects to including COHS in the Exchange, arguing that including government plans in the Exchange was rejected during the federal legislative process, and that COHS would not meet the federal requirements to qualify as a qualifying health plan in the Exchange. The COHS dispute this interpretation, and seek to be eligible to determine if they want to participate in the Exchange. STAFF ANALYSIS OF SENATE BILL 900 (Alquist) Page 17 The policy rationale for making LIs and COHS eligible to participate in the Exchange is to offer a broader choice of plans, and to ensure continuity of care for individuals who lose Medi-Cal eligibility. Some of the individuals in the Exchange may be moving from Medi-Cal coverage to Exchange coverage due to increases in income. In 2014, Medi-Cal eligibility will be expanded up to 133 percent of the federal poverty level, and the Exchange will offer subsidies to individuals with incomes between 100 and 400 percent of the federal poverty level. As individuals lose eligibility for Medi-Cal because of a growth in income, having the COHS and LIs be part of the Exchange will enable individuals to keep their current coverage, and maintain their continuity of care and patient-provider relationship. POSITIONS Support: CALPIRG Congress of California Seniors Consumers Union Health Access California Oppose: Anthem Blue Cross -- END --