BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1526
                                                                  Page  1

          Date of Hearing:  March 27, 2012

                            ASSEMBLY COMMITTEE ON HEALTH
                              William W. Monning, Chair
                   AB 1526 (Monning) - As Amended:  March 20, 2012
           
          SUBJECT  :  California Major Risk Medical Insurance Program.

           SUMMARY  :  Eliminates limits on benefits and revises eligibility 
          documentation in the Major Risk Medical Insurance Program 
          (MRMIP) which is administered by the Managed Risk Medical 
          Insurance Board (MRMIB).  Specifically,  this bill  :  

          1)Adds documentation, satisfactory to MRMIB from a specified 
            licensed health care professional, which verifies an 
            applicant's pre-existing medical condition to those 
            circumstances that fulfill the eligibility requirement that an 
            applicant demonstrate an inability to obtain private health 
            insurance. 

          2)Prohibits MRMIB from imposing annual or lifetime benefit 
            limits on coverage provided through MRMIP and requires any 
            associated costs from the calculation of the subscriber's 
            contribution to be excluded from the premium.

          3)Authorizes MRMIB to implement these provisions by means of 
            emergency regulations.

           EXISTING LAW  :  

          1)Establishes MRMIP, to provide state subsidized health 
            insurance for individuals who, because of health history or 
            health status have been denied health coverage by at least one 
            private health plan, or are offered only limited coverage or 
            coverage significantly above standard average individual 
            rates, as determined by MRMIB.  

          2)Establishes under state law and regulation, the MRMIP program 
            elements, including eligibility, benefits, and subscriber 
            contributions.

          3)Establishes by January 1, 2014, under the federal Patient 
            Protection and Affordable Care Act (known as the Affordable 
            Care Act or ACA), health benefits insurance exchanges in each 
            state for individuals and small businesses to purchase health 








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            insurance products.  Grants authority to states to operate an 
            exchange and prohibits insurers participating in the exchange 
            from discriminating based on pre-existing conditions, health 
            status, and gender.

          4)Establishes, under the ACA, the Pre-existing Condition 
            Insurance Program (PCIP), a federally subsidized temporary 
            high risk health insurance pool program to provide coverage to 
            currently uninsured individuals with pre-existing conditions 
            and provides an option for states to administer the program.

          5)Requires, under state law, MRMIB to contract with the federal 
            Department of Health and Human Services (HHS) to administer 
            the PCIP in California.   

           FISCAL EFFECT  :  This bill has not been analyzed by a fiscal 
          committee.

           COMMENTS  :

           1)PURPOSE OF THIS BILL  .  California has established the 
            temporary PCIP for individuals with pre-existing conditions, 
            who have not had coverage for the prior six months and who 
            meet certain citizen or residency requirements.  The author 
            points out that the law prohibits the state from reducing the 
            annual amount appropriated for the operation of its existing 
            high-risk pool, MRMIP.  Without changes in the program, the 
            state risks being in violation of these federal Maintenance of 
            Effort (MOE) requirements.  In addition, PCIP eligibility 
            requires a person be a U.S. citizen, national, or lawful 
            resident as well as not have had health coverage for the prior 
            six months.  For those not eligible for PCIP or other 
            coverage, MRMIP is the only available option.  The author 
            states that for these reasons California must continue to 
            maintain MRMIP side by side with the PCIP.  However, the 
            author would like to more closely align the two programs as 
            much as possible within the existing resources and thereby 
            improve the appeal of MRMIP.  

          The author points out aspects of the PCIP that make it more 
            attractive to an applicant than MRMIP.  Because of the 
            disparities, according to the author, there has been a slight 
            decline in enrollment.  The author argues that reducing 
            out-of-pocket costs to a subscriber by eliminating the annual 
            and lifetime limits is a small step that can be accomplished 








                                                                  AB 1526
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            without any cost to the General Fund.  The author points out 
            that although there is nothing in law to prevent the MRMIB 
            from eliminating this cap, existing law requires premiums to 
            be set at a minimum of 125% of the standard rate in the 
            private market for a similar level of benefits.  As a result, 
            without this bill, if the MRMIB were to eliminate the benefit 
            cap, the premiums would have to be even greater.  The author 
            has provided an estimate based on claim and premium data 
            prepared in consultation with MRMIB showing that the maximum 
            cost of implementing this bill would be between $15.6 and $16 
            million and argues that the existing allocation of tobacco tax 
            funds that is required to be provided would cover this 
            potential additional cost.

          The author is also proposing the adoption of an eligibility 
            simplification for MRMIB that was adopted by HHS for the PCIP 
            in July of 2011.  HHS proposed allowing persons applying for 
            coverage to simply provide a letter from a doctor, physician 
            assistant, or nurse practitioner dated within the past 12 
            months stating that they have or, at any time in the past, had 
            a medical condition, disability, or illness.  The author 
            states that this bill will authorize MRMIB to promulgate 
            emergency regulations to implement this requirement in a 
            fashion that is consistent with the PCIP requirements.  

           2)BACKGROUND  .  Since 1991, MRMIB has operated a California 
            high-risk pool, MRMIP to provide individual and dependent 
            coverage to the medically uninsurable.  Premiums paid by 
            individuals receiving coverage are supplemented with state 
            tobacco tax revenues to fund coverage through MRMIP.  
            Presently, subscribers pay approximately 60% of the program 
            costs, paying premiums that are 125-137.5% of what they would 
            pay in the private market for the same coverage.  There are 
            two major private health plans that voluntarily participate in 
            MRMIP, Blue Cross and Kaiser and one local health plan, Contra 
            Costa Health Plan.  Premiums vary based on the age and region 
            of the subscriber and the health plan they choose.  For 
            example, in Sacramento County, the 2012 premiums for a person 
            age 50-54 are $594 per month for the Kaiser Permanente HMO 
            plan, and $1,112 per month for the Blue Cross PPO.  By 
            comparison, the PCIP premium is $406 per month.

          MRMIP is funded through annual appropriations, which in recent 
            years have  been set at $40 million in state Proposition 99 
            Cigarette and Tobacco Products Surtax Funds ($30 million in 








                                                                  AB 1526
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            the MRMIP statute and $10 million through annual or one-time 
            appropriations) to pay for the costs exceeding subscriber 
            premiums.  MRMIP can only enroll the number of people that 
            MRMIB's contracted actuaries, PricewaterhouseCoopers, estimate 
            can be served with the funds available.  The current 
            enrollment cap is 8,000 individuals.  As of December 2011 
            there were 6,334 subscribers, well below the cap and down from 
            6900 in the first quarter of 2011.  As of January 31, 2012 
            enrollment had fallen to 6,200.  The assumption is that now 
            subscribers who are eligible are choosing the much more 
            affordable PCIP.  

          In the past the capped funding had required MRMIB to limit 
            enrollment with approximately 500 people on the waiting list.  
            In 2002 a pilot project, (also referred to as the incubator, 
            the graduate program, or GIP), was established for individuals 
            covered through MRMIP for 36 months.  After 36 months, they 
            were disenrolled with the option to seek private individual 
            coverage from any health plan selling individual health 
            insurance.  Under the GIP rules, health plans were required to 
            offer GIP-eligible individuals coverage on a "guaranteed 
            issue" basis (accepting an applicant regardless of their age, 
            health status, health condition, or prior health service 
            utilization).  The medical care costs for GIP subscribers that 
            exceed the premiums paid (losses) were covered in a 50/50 
            share by the state and the health plans covering GIP 
            subscribers.  Although the GIP project has ended, individuals 
            enrolled while the project was in effect are able to remain 
            with GIP health plans until they get other coverage, such as 
            becoming eligible for Medicare, or voluntarily disenroll.  The 
            premium levels are tied to the MRMIB premiums. 

           3)PCIP  .  The PCIP is the national, temporary high-risk pool 
            created by the ACA to make health insurance coverage available 
            to uninsured individuals with pre-existing conditions until 
            2014 when insurers will no longer be allowed to deny coverage 
            on the basis of health conditions.   A state may choose not to 
            operate its own program in which case the residents may 
            participate in the federal program offered by HHS (23 states 
            plus District of Columbia).  The 27 states that choose to 
            operate their own, including California, do so by means of a 
            contract with HHS and under specifications regarding 
            cost-sharing, premium structures, and benefit options set by 
            the ACA and HHS.  This includes flexibility to offer one or 
            more benefit plans as long as they meet the requirement that 








                                                                  AB 1526
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            the issuer's share of the cost is not less than 65% of the 
            total costs of the benefit.  

            The ACA mandated that the PCIP be implemented within 90 days.  
            According to a June 2011 Report by the Commonwealth Fund, 
            "Realizing Health Reform's Potential, Early Implementation of 
            Pre-Existing Condition Insurance Plans: Providing an Interim 
            Safety Net of the Uninsurable," HHS gave states broad latitude 
            because of the tight timeline and because coverage and premium 
            structures had to be developed quickly.  On May 31, 2011, HHS 
            announced programmatic revisions to reduce premiums and make 
            it easier to enroll.  Included in this was the creation of a 
            lower-cost child-only premium and an option to use a letter 
            from a provider as proof of eligibility.  According to the 
            Commonwealth Fund Report, the initial requirement that 
            individuals produce proof of denial of coverage or proof of 
            being offered coverage with exclusion was creating 
            difficulties.  Based on reports of individuals having 
            difficulty obtaining these letters, the option to allow a 
            letter from a medical provider, previously available to 
            children under 19, was applied to all applicants.  The letter 
            must be dated within the past 12 months and certify that a 
            condition is present or has been present any time in the past. 
             MRMIB implemented this provision in August of 2011.  At the 
            same time, MRMIB used the revised guidelines to lower premiums 
            by an average of 17.9% which had already been lowered for some 
            age groups earlier in 2011.  For example, the monthly premium 
            for a 40-year old Los Angeles resident decreased from $339 to 
            $269.

            A national total of $5 billion in federal funds has been 
            appropriated to support the program.  California was 
            originally allocated $761 million over the life of the program 
            and was one of the last states to open enrollment.  Although 
            enrollment was low at first, currently California is the 
            largest PCIP in the nation.  In December of 2011, MRMIB 
            announced that based on this growth in enrollment, an 
            additional $118 million would be allocated to California by 
            HHS.  MRMIB estimated that without this additional funding, 
            the PCIP would be capped at 6,800 through 2013.  As of January 
            31, 2012, enrollment was 7,305.  Services are provided through 
            a Preferred Provider Organization (PPO).  The cost-sharing is 
            15% for in-network providers and 50% for out-of-network 
            providers with an annual deductible limit of $1500 for 
            in-network providers and $3,000 for out-of-network providers. 








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           4)MRMIP COMPARED TO PCIP.  


             -------------------------------------------------------------- 
            |           FEDERAL            |             MRMIP             |
             -------------------------------------------------------------- 
             --------------------------------------------------------------- 
            |                          ELIGIBLITY                           |
             --------------------------------------------------------------- 
            |------------------------------+-------------------------------|
            |ü  Citizen or national of the | ü   California resident       |
            |                              |                               |
            |  United States or lawfully   |                               |
            |                              |                               |
            |  present in the United       |                               |
            |                              |                               |
            |  States                      |                               |
            |                              |                               |
             -------------------------------------------------------------- 
            |ü  Have no creditable coverage | ü   Unable to secure adequate |
            |                              |                               |
            |  for the previous six months |   coverage in the individual  |
            |                              |                               |
            |  before applying for         |   market within the last 12   |
            |                              |                               |
            |  coverage                    |   months, ineligible for      |
            |                              |                               |
            |                              |   Medicare, COBRA or          |
            |                              |                               |
            |                              |   Cal-COBRA                   |
            |                              |                               |
            |------------------------------+-------------------------------|
            |ü  Have a pre-existing        | ü  No pre-existing condition  |
            |                              |                               |
            |  condition, such as denial   |   requirement, but denial or  |
            |                              |                               |
            |  of coverage, coverage only  |   termination of insurance    |
            |                              |                               |
            |  available with exclusion or |   for other than nonpayment   |
            |                              |                               |
            |  letter from a doctor,       |   is one pathway to           |
            |                              |                               |
            |  physician assistant, or     |   eligibility                 |
            |                              |                               |








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            |  nurse practitioner dated    | ü  PPO products, three month  |
            |                              |                               |
            |  within past 12 months       |   waiting period for services |
            |                              |                               |
            |  stating the person has or   |   for pre-existing conditions |
            |                              |                               |
            |  had at any time in the past | ü   HMO product, three month  |
            |                              |                               |
            |  a medical condition,        |   post-enrollment waiting     |
            |                              |                               |
            |  disability, or illness      |   period                      |
            |                              |                               |
             -------------------------------------------------------------- 
             --------------------------------------------------------------- 
            |                        BENEFITS/COVERAGE                      |
            |                                                               |
             --------------------------------------------------------------- 
             --------------------------------------------------------------- 
            |ü  Average share of total     | ü   Comprehensive benefits with |
            |                              |                                |
            |  costs of required benefits  |   annual $500 household        |
            |                              |                                |
            |  must be at least 65% of     |   deductible                   |
            |                              |                                |
            |  costs                       |                                |
            |                              |                                |
             --------------------------------------------------------------- 
            |ü  No pre-existing condition  | ü   Allows a 3 month waiting   |
            |                              |                                |
            |  exclusion allowed           |   period or pre-existing       |
            |                              |                                |
            |                              |   condition exclusion          |
            |                              |                                |
             --------------------------------------------------------------- 
            |ü Limits out-of-pocket        | ü  Limits out-of-pocket        |
            |                              |                                |
            |  maximum per year to $2,500  |   maximum per year to $2,500   |
            |                              |                                |
            |  for individual (no          |   for individuals and $4,000   |
            |                              |                                |
            |  dependent coverage)         |   for an entire household      |
            |                              |                                |
            |ü Limits annual medical       |   covered by the MRMIP (Must   |
            |                              |                                |
            |  deductible to $1,500        |   be in network provider,      |








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            |                              |                                |
            |ü  Limits brand name drug     |   out-of-plan charges allowed) |
            |                              |                                |
            |  deductible to $500          | ü   No brand name drug         |
            |                              |                                |
            |                              |deductible                      |
            |------------------------------+--------------------------------|
            |ü  No limit on lifetime or    | ü   Benefit limits of $75,000  |
            |                              |                                |
            |  annual benefits             |   per calendar year and        |
            |                              |                                |
            |                              |   $750,000 in a lifetime       |
            |                              |                                |
             --------------------------------------------------------------- 
             --------------------------------------------------------------- 
            |                            PREMIUMS                           |
            |                                                               |
             --------------------------------------------------------------- 
             --------------------------------------------------------------- 
            |ü  No more than 100% of the   | ü   125% to 137% of the        |
            |                              |                                |
            |  standard rate for the       |   standard rate that a carrier |
            |                              |                                |
            |  benefits in the commercial  |   would charge for MRMIP       |
            |                              |                                |
            |  market                      |   benefits in the commercial   |
            |                              |                                |
            |                              |   market                       |
            |                              |                                |
            |------------------------------+--------------------------------|
            |ü Limits rate variation by    | ü  12 age variations with no   |
            |                              |                                |
            |  age to a maximum of 4 to 1  |   limit on differences         |
            |                              |                                |
            |ü  Rate variations allowed    | ü  3 possible family sizes     |
            |                              |                                |
            |  based on regions and for    | ü   Six geographic regional    |
            |                              |                                |
            |  tobacco use but limited to  |variations                      |
            |                              |                                |
            |  1.5 to 1                    |                                |
            |                              |                                |
             --------------------------------------------------------------- 
           1)FUTURE OF MRMIB  . In addition to PCIP and MRMIP, MRMIB 
            administers; the Healthy Families Program (HFP) which is 








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            California's State Children's Health Insurance Program; Access 
            for Infants & Mothers (AIM), a comprehensive perinatal care 
            program for pregnant women with family incomes between 200% 
            and 300% of the Federal Poverty Level; and the County 
            Children's Health Initiative Matching Program (CHIM).  The 
            2012-13 Budget proposes to transition HFP children to Medi-Cal 
            beginning October 2012.  The proposal also includes 
            transferring CHIM, AIM, MRMIP and PCIP to the Department of 
            Health Care Services (DHCS) by July 2013.  This is essentially 
            the same proposal as was in the Governor's May revision to the 
            2011-12 budget and was not adopted by the Legislature.  If the 
            current proposal is adopted, the elimination of MRMIB would 
            require the duties of this bill to be transferred to DHCS.  

           2)SUPPORT  .  The American Federation of State, County and 
            Municipal Employees (AFSCME), AFL-CIO writes in support that 
                                                                                 this bill seeks to eradicate limitations that have proven to 
            be detrimental to providing health care for all by eliminating 
            annual and lifetime limits on benefits and by allowing 
            documentation from a provider verifying the applicant's 
            pre-existing condition.  AARP writes in support that the 
            federal PCIP program is more generous than MRMIP in terms of 
            premiums, but not everyone may qualify.  According to AARP, 
            these dynamics may result in a state-funded program that may 
            not spend enough to meet the federal MOE requirements.  AARP 
            supports this bill because it wisely allows the benefit to 
            more closely reflect those provided under the PCIP. 

            MRMIB writes in support that this bill would eliminate two 
            significant inequities in MRMIP that do not exist in PCIP; one 
            is the limit on benefits and the other is documentation 
            required for proof of a pre-existing condition.  With regard 
            to the benefit limit, MRMIB states that although less than 1% 
            of MRMIP subscribers reach the annual or lifetime limits each 
            year, those who do are by definition, very sick and in 
            immediate need of medical services.  According to MRMIP, they 
            risk either being unable to access medical care or incurring 
            debt as a result of receiving needed health care.  In 
            addition, MRMIB states, in order to maintain coverage for the 
            following benefit year, individuals must continue paying 
            subscriber contributions in addition to all their other health 
            care bills, when they can afford it least.  MRMIB also 
            supports this bill because it would permit administrative 
            efficiencies by further aligning benefits and eligibility 
            between PCIP and MRMIP. 








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           3)PREVIOUS LEGISLATION  .  

             a)   SB 227 (Alquist), Chapter 31, Statutes of 2010, requires 
               MRMIB to enter into an agreement with HHS to administer a 
               qualified high-risk pool to provide health coverage, until 
               January 1, 2014, to individuals who have pre-existing 
               conditions, consistent with the ACA.  SB 227 establishes 
               the authority and requirements for MRMIB in administering 
               the federal pool, consistent with federal law.  SB 227 was 
               operative contingent upon enactment of AB 1887 (Villines), 
               and both bills sunset on January 1, 2020.

             b)   AB 1887 (Villines), Chapter 32, Statutes of 2010, 
               establishes the Federal Temporary High Risk Health 
               Insurance Fund (Fund).  Requires money in the Fund to be 
               continuously appropriated to MRMIB for the purpose of 
               establishing a federal temporary high-risk pool (federal 
               pool) established under SB 227 (Alquist) for individuals 
               with a pre-existing medical condition. 

             c)   SB 57 (Aanestad) of 2009 would have revised and 
               restructured MRMIP, including securing additional funding 
               by requiring each health plan and health insurer to add a 
               surcharge on each individual policy.  SB 57 would also have 
               enacted specified program changes related to eligibility, 
               plan choices, benefits limits, and benefit exclusions, and 
               related changes.  SB 57 failed passage in Senate Health 
               Committee.

           REGISTERED SUPPORT / OPPOSITION  :  

           Support 
           
          AARP
          American Federation of State, County and Municipal Employees, 
          AFL-CIO
          California Managed Risk Medical Insurance Board
          Health Access California
          Kaiser Permanente
          Western Center on Law & Poverty

           Opposition 
           
          None on file.








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          Analysis Prepared by  :    Marjorie Swartz / HEALTH / (916) 
          319-2097