BILL ANALYSIS                                                                                                                                                                                                    Ó
                                                                  AB 1526
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 1526 (Monning)
          As Amended August 24, 2012
          Majority vote
           
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          |ASSEMBLY:  |75-0 |(May 30, 2012)  |SENATE: |32-3 |(August 30,    |
          |           |     |                |        |     |2012)          |
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           Original Committee Reference:    HEALTH  
           SUMMARY  :  Allows the Managed Risk Medical Insurance Board 
          (MRMIB) to further subsidize the premium contributions paid by 
          individuals receiving coverage in the Major Risk Medical 
          Insurance Program (MRMIP) from January 1, 2013, to December 31, 
          2013.
           The Senate amendments:  
          1)Permit MRMIB, for the period from January 1, 2013, to December 
            31, 2013, to further subsidize MRMIP subscriber contributions 
            so that the amount paid by each MRMIP subscriber is below 
            125%, but no less than 100%, of the standard average 
            individual risk rate for comparable coverage.
          2)Clarify that the increased subsidy is not to be construed to 
            affect the subsidies or subscriber contributions permitted for 
            other specified plans, health care contracts or coverage.
          3)Delete the provision that added documentation, satisfactory to 
            MRMIB, from a specified licensed health care professional, to 
            verify 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.
          4)Delete the authorization for MRMIB to remove 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.
          5)Delete provisions that created the Major Risk Medical 
            Insurance Reconciliation Fund and required all remittances 
            received on or after January 1, 2013, from participating 
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            health plans to be deposited in the fund and to be available 
            for appropriation by the Legislature, but prohibits the fund 
            from being used to pay for increase program costs resulting 
            from the elimination of the annual or lifetime benefit limits. 
           AS PASSED BY THE ASSEMBLY  , this bill eliminated the limits on 
          lifetime and annual benefits on coverage in MRMIP and revised 
          eligibility documentation. 
           FISCAL EFFECT  :  According to the Senate Appropriations Committee 
          analysis of the previous version of this bill:
          1)One-time costs of about $16 million (Proposition 99 funds) in 
            2013 due to elimination of annual and lifetime benefit caps. 
          2)On average over the last year, the program has seen about 150 
            new enrollees per month. Assuming that the changes to the 
            enrollment process in the bill speed the enrollment process by 
            one month, costs would be about $100,000 (Proposition 99 
            funds) in 2013.
          3)Minor costs to change program eligibility and cost sharing 
            rules (Proposition 99 funds).
           COMMENTS  :  This bill is needed to allow MRMIB to reduce the 
          premiums in MRMP to more closely align MRMIP premiums with 
          premiums in the federally subsidized Pre-Existing Condition 
          Insurance Program (PCIP).  The premiums in the PCIP program are 
          significantly lower than in MRMIP (although MRMIP has a lower 
          deductible) and in some cases, approximately 1/2 to 1/4 of those 
          in the MRMIP.  The most common reason MRMIP subscribers 
          disenroll from MRMIP coverage is the inability to afford the 
          program's premiums.  In January 2011, MRMIP surveyed 395 
          subscribers who disenrolled from MRMIP, and of the 115 
          individuals who responded to the survey, 52 individuals (45%) 
          indicated the reason for disenrollment was that they could not 
          afford the MRMIP program costs.  
          In addition, for states to be eligible to run a PCIP, the state 
          must agree to not reduce the annual amount the state expended 
          for the operation of its high-risk pool (known as a maintenance 
          of effort or MOE).  While California's MOE requires the state to 
          maintain funding for MRMIP at $31.8 million during the time PCIP 
          is in operation, MRMIP enrollment has gradually declined since 
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          PCIP has been in effect, and current MRMIP enrollment (5,971) is 
          over 2,000 individuals less than the program's 8,000 person 
          enrollment cap.  In addition, these funds were originally Prop 
          99 funds or premium payments that were designated for a very 
          specific purpose - the MRMIP program.  Directing the funds to 
          other purposes runs the risk of using Prop 99 inappropriately 
          and using subscriber premiums for other programs.  Because 
          current state law requires premiums to be set based on at least 
          125% of the standard rate in the private market for a similar 
          level of benefits, MRMIB cannot reduce MRMIP premiums without 
          this bill.  
          This bill was substantially amended in the Senate but the 
          subject was heard in the Assembly policy committee.  The 
          amendments taken were based on comments in the analysis prepared 
          by the Department of Finance that suggested reducing premiums as 
          an alternative to eliminating the lifetime and annual cap on 
          benefits as this bill did in the Assembly version.  
           Analysis Prepared by  :    Marjorie Swartz / HEALTH / (916) 
          319-2097
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