BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   SB 900|
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                                 THIRD READING


          Bill No:  SB 900
          Author:   Alquist (D), et al
          Amended:  5/20/10
          Vote:     21

           
           SENATE HEALTH COMMITTEE  :  5-0, 4/21/10
          AYES:  Alquist, Leno, Negrete McLeod, Pavley, Romero
          NO VOTE RECORDED:  Strickland, Aanestad, Cedillo, Cox

           SENATE APPROPRIATIONS COMMITTEE  :  7-2, 5/27/10
          AYES:  Alquist, Corbett, Kehoe, Leno, Price, Wolk, Yee
          NOES:  Denham, Walters
          NO VOTE RECOREDE:  Cox, Wyland


           SUBJECT  :    California Health Benefits Exchange

          SOURCE  :     Author


           DIGEST  :    This bill (1) establishes in the California  
          Health and Human Services Agency (Agency) the California  
          Health Benefits Exchange (Exchange), (2) specifies the  
          duties and authority of the Exchange, (3) requires the  
          Exchange be governed by a board composed of eight members  
          appointed by the Governor and the Legislature, (4) requires  
          the Exchange to negotiate and enter into contracts with  
          health plans, (5) 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), and  
                                                           CONTINUED





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          (6) requires the Agency to apply for and receive federal  
          funds for purposes of establishing the Exchange and makes  
          those funds available to the agency and the board for those  
          purposes upon appropriation by the Legislature.

           ANALYSIS  :    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 Program and the Major Risk Medical  
          Insurance Program), under which it has authority to  
          contract with health plans. 

          Existing federal 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  







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          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:

          1. Establishes in the Agency the Exchange, and makes the  
             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 governed by a board consisting of  
             eight members with four-year terms.  Of the eight  
             members, four shall be appointed by the Governor, two  
             shall be appointed by the senate Committee on Rules, and  
             two shall be appointed by the Speaker of the Assembly.   
             Each of the appointed members shall have demonstrated  
             knowledge and experience in health care and issues  
             relevant to the board's responsibilities.. 

          2. Requires the Exchange board to hold public meetings on a  
             bimonthly basis, or more frequently as necessary.

             States legislative intent that the Exchange provides a  
             consumer-friendly process that facilitates the seamless  
             enrollment of individuals in health care coverage.

          3. Requires the Exchange to meet various requirements,  
             including: 

             A.    Negotiating and entering into contracts,  
                including selective provider contracts, with health  
                plans seeking to offer coverage in the Exchange.

             B.    Providing a choice of health plans in each  
                region of the state, including a choice in each  







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                region of the state between the five levels of  
                coverage contained in federal law (a platinum,  
                gold, silver, bronze and catastrophic benefit  
                plan).

             C.    Requiring the Exchange to employ necessary  
                staff, including actuarial staff.

             D.    Requiring the Exchange to receive federal funds  
                for purposes of establishing and administering the  
                Exchange, including funds made available by the  
                federal Act.

          4. 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:

             A.    Provide for the operation of a toll-free  
                telephone hotline to respond to requests for  
                assistance.

             B.    Maintain an Internet website through which  
                enrollees and prospective enrollees of qualified  
                health plans can obtain standardized comparative  
                information on those plans.

             C.    Assign a rating to each qualified health plan  
                offered through the Exchange in accordance with  
                federal criteria developed under the Act.

             D.    Utilize a standardized format for presenting  
                health benefits plan options in the Exchange,  
                including the use of the uniform outline of  
                coverage established under federal law.

             E.    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.

             F.    Establish and make available by electronic means  
                a calculator to determine the actual cost of  







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                coverage after the application of any premium tax  
                credit and any cost-sharing reduction under the  
                federal Act.

             G.    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:

                (1)      There is no affordable qualified health  
                   plan available through the Exchange, or the  
                   individual's employer, covering the  
                   individual.

                (2)      The individual meets the requirements  
                   for any other exemption from the individual  
                   responsibility requirement or penalty.

             H.    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. 

          5. Permits the Exchange to do the following:

             A.    Issue rules and regulations, as necessary, and  
                until January 1, 2014, emergency regulations. 

             B.    Apply for and receive funds from private  
                foundations.

             C.    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:

                (1)      Providing coverage through a single  
                   exchange will provide a significant benefit for  
                   the health coverage marketplace in the state.

                (2)      Providing coverage through a single  







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                   exchange will be cost effective for both  
                   qualified individuals and qualified small  
                   employers.

                (3)      The Exchange can make coverage available  
                   through a single exchange on a guarantee issue  
                   basis without undue risk of adverse selection.

             D.    Enter into other contracts as are necessary or  
                proper to carry out the duties of the Exchange,  
                including, but not limited to, contracts for  
                enrollment processing.

             E.    Determine the health benefits coverage for small  
                employers that the Exchange will contract to purchase  
                from participating carriers.

             F.    Appoint committees, as necessary, to provide  
                technical assistance in the operation of the  
                Exchange.

             G.    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.

             H.    Consistent with federal procedures established by  
                the Act, establish procedures to allow agents or  
                brokers to do both of the following:

                (1)      Enroll individuals in any qualified health  
                   plan in the individual or small group market as  
                   soon as the plan is offered through the  
                   Exchange.

                (2)      Assist individuals in applying for premium  
                   tax credits and cost-sharing reductions for  
                   health plans sold through the Exchange.

                (3)      Include within the premiums charged to  
                   enrollees or employers purchasing coverage  
                   through the Exchange an amount sufficient to pay  







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                   the actual, reasonable, and necessary  
                   administrative costs of the Exchange.

          6. Prohibits the Exchange from being subject to licensure  
             or regulation by the California Department of Insurance  
             or the Department of Managed Health Care.

          7. Requires carriers that contract with the Exchange to be  
             in good standing with their respective regulatory  
             agencies.

          8. 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.

          9. Prohibits this bill from being construed to compel an  
             individual to enroll in a qualified health plan or to  
             participate in the Exchange. 

          10.Requires the California Health and Human Services Agency  
             shall apply for and receive federal funds for purposes  
             of establishing the Exchange.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Appropriations Committee analysis:

                          Fiscal Impact (in thousands)

           Major Provisions                2010-11     2011-12     
           2012-13   Fund
                              
          Initial start-up costs                       unknown,  
          likely in the millions                            General/*
                              of dollars annually throughFederal
                              January 1, 2014

          Ongoing CHBE                                 unknown,  







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          likely to start January 1,                   Special**
          administration      1014, in the tens of millions of  
          dollars annually

          CDI oversight, filing                        approximately  
          $160 ongoing once                            Special***
                              CHBE is operational

          *Unspecified amount of federal funds available likely in  
          2011; General Fund pressure if total expenses not met by  
          federal funds grant

          **California Health Benefits Exchange Fund-likely be fully  
          supported by an assessment on consumer premiums

          ***Insurance Fund

           SUPPORT  :   (Verified  5/27/10)

          CALPIRG
          Congress of California Seniors
          Consumers Union
          Health Access California

           OPPOSITION  :    (Verified  5/27/10)

          Anthem Blue Cross

           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          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's office 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.  








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          The author's office 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  
          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's office  
          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.  

           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. 

          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.
           








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           CTW:do  5/27/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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