BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 900
                                                                  Page  1

          Date of Hearing:   August 4, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   SB 900 (Alquist) - As Amended:   August 2, 2010

          Policy Committee:                             HealthVote:13-6

          Urgency:     No                   State Mandated Local Program:   
          No     Reimbursable:              

           SUMMARY  

          This bill establishes the California Health Benefits Exchange  
          (Exchange) within the California Health and Human Services  
          Agency (HHSA) to conform to requirements of federal health  
          reform (PL-111-148). Federal law requires California to  
          establish an operational state-based exchange by January 1, 2014  
          or to allow the federal government to provide the exchange  
          functions. Specifically, this bill: 

          1)Requires HHSA to apply for and receive federal funding for  
            establishing the Exchange. 

          2)Establishes a scope of work for the Exchange and requires the  
            Exchange to establish a governing board, receive federal  
            funding for establishing and administering the Exchange,   
            present standard health benefit packages, contract with health  
            plans and insurers (carriers), determine carrier eligibility,  
            inform individuals about eligibility related to Medi-Cal and  
            the Healthy Families Program, provide an electronic coverage  
            cost calculator, and grant certification of exemption from the  
            individual mandate to have health coverage. Authorizes the  
            Exchange to pursue a variety of regulatory and administrative  
            functions, including establishing self-funding mechanisms. 

          3)Establishes the California Health Benefits Exchange Fund  
            (Fund), and authorizes unexpended or unencumbered funds to be  
            spent without regard to fiscal year. Requires the governing  
            board to establish a prudent reserve. Prohibits loans from the  
            Fund to the state General Fund, state special funds, or county  
            funds. 

           FISCAL EFFECT  








                                                                  SB 900
                                                                  Page  2


          1)This bill establishes the California Health Benefits Exchange  
            Fund, a special fund subject to appropriation by the  
            Legislature to be used to support the administrative workload  
            of the Exchange and to facilitate the purchase of health  
            coverage for several million Californians. This bill  
            authorizes unexpended or unencumbered funds at the end of a  
            fiscal year to be carried forward and requires any interest  
            earned to be retained by the Fund. This bill requires the Fund  
            to include a prudent reserve. 

          2)Annual costs in 2011 through 2014 of $1 million (100% federal)  
            to $2 million (100% federal) to the California Department of  
            Managed Health Care (DMHC) and the California Department of  
            Insurance (CDI), combined, to provide support in establishing  
            the Exchange. 


          3)Federal funding to establish the Exchange will be available  
            from 2011 until January 1, 2015, at which time the Exchange  
            must be self-sustaining. The federal government recently  
            announced the availability of an initial allocation of $1  
            million per state to help states begin to establish exchanges.  
            Applications for state funding are due September 1, 2010. This  
            bill provides the Exchange the authority to establish  
            self-funding mechanisms when federal funding support ends. 

          4)A key function of the Exchange will be to administer federally  
            funded premium subsidies for low-income individuals. According  
            to estimates, by 2016, between three million and eight million  
            individuals and employees of small firms will be purchasing  
            coverage through the Exchange. About three million of these  
            individuals will be eligible for coverage subsidies either  
            because of income (family income of less than 400% of federal  
            poverty level) or because they work for small firms benefiting  
            from a related tax credit. 

          The actual number of people accessing health coverage through  
            the Exchange will depend on a number of factors, including  
            access to subsidies and tax credits, the kind of benefits and  
            prices offered in the Exchange, administrative savings  
            generated by purchasing economies of scale, and other market  
            factors. 

           COMMENTS  








                                                                  SB 900
                                                                  Page  3


           1)Rationale  . This bill enacts a key feature of federal health  
            reform by establishing the California Health Benefits  
            Exchange. According to the author this bill will enable the  
            purchase of several million health insurance policies for  
            between three and eight million individuals. The Exchange will  
            be an active purchaser of coverage and will contract with  
            health plans to provide high quality, affordable care.  
            Standardized coverage available in the Exchange will conform  
            to federal requirements regarding benefit design and essential  
            health benefits. The Exchange will be a major factor in  
            reducing the number of uninsured in California. Currently, 25%  
            of non-elderly adults statewide are uninsured. Recent  
            amendments address scope of work for the Exchange, reporting  
            requirements related to the functioning of the Exchange, and  
            clarifications on governing board policies. 

           2)State-Based Health Insurance Exchanges  . The federal health  
            reform law made broad changes to the way health coverage is to  
            be provided and paid for in California. The federal law  
            created a new mechanism for purchasing coverage, called  
            exchanges, which are state-based entities established to  
            create a more organized and competitive market for health  
            insurance. Competition and efficiency is expected to increase  
            by offering a choice of health plans, establishing common  
            rules regarding the offering and pricing of insurance, and  
            providing information to help consumers better understand the  
            options available to them. 

          Initially, the California Exchange will serve primarily  
            individuals purchasing insurance on their own and smaller  
            employers.  In 2017, California will have the option of  
            opening the Exchange to larger employers.
           
          3)Related Legislation  . AB 1602 (J. Perez), pending in the  
            Senate, enacts a series of changes related to health reform  
            including establishing the California Health Benefits Exchange  
            and allowing young adults to stay on their parents' health  
            coverage until age 26.
           
          Analysis Prepared by  :    Mary Ader / APPR. / (916) 319-2081