BILL ANALYSIS Ó SENATE COMMITTEE ON HEALTH Senator Ed Hernandez, O.D., Chair BILL NO: AB 1579 AUTHOR: Campos AMENDED: April 23, 2012 HEARING DATE: June 13, 2012 CONSULTANT: Trueworthy SUBJECT : Dental coverage: noncontracting providers: assignment of benefits. SUMMARY : Requires a health care service plan or health insurer that pays a contracting dental provider directly for covered services rendered to an enrollee or insured to also pay a noncontracting dental provider directly for covered services rendered to an enrollee or insured where the provider submits a written assignment of benefits signed by the enrollee or insured, or their legal representative. Existing law: 1.Establishes the Knox-Keene Health Care Service Plan Act of 1975 (Knox-Keene) which establishes licensing standards for health plans, including for specialized health plan contracts for dental care, and provides for the regulation of health plans by the Department of Managed Health Care (DMHC) pursuant to Knox-Keene. Establishes the California Department of Insurance (CDI) which establishes licensing standards for health insurers, including specialized health insurance policies for dental care, and providers for the regulation of health insurers by CDI under the Insurance Code. 2.Requires group contracts administered by Knox-Keene-licensed health plans to authorize and permit assignment of an enrollee's or subscriber's right to reimbursement to the Department of Health Care Services (DHCS) when services are provided to a Medi-Cal beneficiary. 3.Requires health insurers to pay group insurance benefits for, or contingent upon, hospitalization or medical or surgical aid, upon written consent of the insured, to the person or persons having provided or having paid for the services, if the person submits specified information and the insured person or dependent is covered by the policy. Prohibits the amount of the payment from exceeding the amount of benefit provided by the policy with respect to the service or billing Continued--- AB 1579 | Page 2 of the provider of aid, and the amount of expenses incurred on account of the hospitalization, medical, or surgical aid. 4.Requires a health insurer to pay group insurance benefits to DHCS, in the case of a Medi-Cal beneficiary, where DHCS has paid for hospital, medical, or surgical services, as specified. 5.Requires each contract between an issuer and a provider to contain provisions requiring a fast, fair, and cost-effective dispute resolution mechanism under which providers may submit disputes to the issuer and requires issuers to notify providers of the procedures for processing and resolving disputes, including the location and telephone number where information regarding disputes may be submitted. 6.Allows a noncontracted provider to dispute the appropriateness of a Knox-Keene health plan's computation of the reasonable and customary value, and requires the health plan to respond to the dispute through the health plan's mandated provider dispute resolution process. 7.Establishes, pursuant to regulations adopted by DMHC and CDI, similar but not identical requirements issuers must implement in their claims settlement practices with providers. 8.Permits an enrollee, an insured, or a health care provider to file a written complaint with DMHC or CDI with respect to the handling of a claim or other obligation under a health plan contract or health insurance policy, as specified, and requires DMHC and CDI to respond to the complaint in a specified manner within specified timeframes. 9.Prohibits a contracting provider with respect to a contract covering dental services from charging more for dental services that are not covered services than his or her usual and customary rate for those services and specifies that DMHC and CDI are not required to enforce this provision. 10.Establishes the Dental Board of California to license and regulate the practice of dentists. This bill: 1.Defines "assignment of benefits" as the transfer of reimbursement or other rights provided for under a health plan contract or health insurance policy to a treating provider for AB 1579 | Page 3 services or items rendered to an enrollee or an insured. 2.Requires an issuer, if the issuer pays a contracting dental provider directly for covered services rendered to an enrollee or insured, to also pay a noncontracting dental provider directly for covered services rendered to an enrollee or insured where the noncontracting provider submits to the issuer a written assignment of benefits signed by the enrollee or insured. Allows a legal representative to sign the assignment of benefits if the enrollee or insured is a minor or is incompetent or incapacitated. 3.Requires an issuer to give written notice to the enrollee, insured, or legal representative when payment is made to the noncontracting dental provider. Requires the notice to contain the following: a. Notification that the provider is not in the network of the enrollee's plan; b. The estimated full cost of the planned treatment and the estimated amount for which the enrollee is responsible; and c. The estimate of the treatment cost covered by the health plan, if available prior to treatment. 4.States that nothing in this section shall be construed to require a delay in treatment to an enrollee. 5.Requires an issuer, upon inquiry from the provider, to provide treatment cost estimate information as soon as possible but not later than three business days from the date of the request. 6.Requires the notice to be made available by the provider in the primary languages of the two largest populations seen by the provider who either do not speak English or who are unable to effectively communicate in English because it is not their native language and who comprise five percent or more of the patients served by the provider. 7.Requires in addition to the notice described in 3) and 4) above, prior to providing treatment, a noncontracting dental provider accepting an assignment of benefits to provide the enrollee on a single page without any additional information the following written notice, in 12-point type, and to obtain a signature from the enrollee or the enrollee's legal representative indicating receipt thereof: AB 1579 | Page 4 Assignment of Benefits Your signature below acknowledges that you have chosen to have your dental services provided by Ýprovider's name] at Ýbusiness name and location] and that you are aware that this provider is not participating in your plan's network. You also acknowledge that when you obtain care from a nonparticipating or out-of-network provider you understand the following: Your plan's benefits and policies may not apply to the treatment you will receive. The provider is not subject to contract requirements or oversight by your health plan as required in state law for participating and network providers. Contact 1-800-HMO-HELP (for CDI: 1-800-927-HELP) for more information. Your out-of-pocket cost may be higher when visiting a dentist who is not in your plan's network due to higher cost sharing requirements under your health insurance and because you may be responsible for any difference between the dentist's usual fee and your plan's payment. You have the right to confirm your dental benefit or insurance information from your plan, insurer, or employer before beginning treatment. 8.Limits the payment amount to an amount not to exceed the amount of the benefit covered by the contract or policy with respect to the provider of the service, the amount of expenses incurred on account of the dental care or treatment provided, and states that the payment discharges the issuer's obligation with respect to the amount paid. 9.Permits a provider accepting an assignment of benefits to only collect from the enrollee the enrollee's estimated cost according to the written treatment plan. Requires a provider to refund any overpayment to the enrollee within 30 business days after receiving the direct payment from the enrollee's plan if the actual payment is more than the estimated payment. 10.Limits this bill to a health plan contract or health insurance policy covering dental services or a specialized health plan contract or policy covering dental services that AB 1579 | Page 5 is a preferred provider organization plan contract, a point-of-service plan contract, or a policy that provides services at alternative rates of payment, as specified, or any other plan contract that provides coverage for out-of-network services. 11.Prohibits anything in this section from being construed to exempt a health plan from the requirements existing law related to payment for out-of-network emergency services and continuity of care provisions. FISCAL EFFECT : According to the Assembly Appropriations Committee, AB 1579 has the following fiscal impact: (1) minor, absorbable costs to DMHC and CDI to ensure plans comply with the new requirement to directly reimburse noncontracting providers; and (2) could potentially lead to indirect state cost pressure associated with the provision of dental plans to its employees. By making it easier for a noncontracting provider to receive payment from a dental plan, this bill is likely to somewhat reduce incentives for dental providers to join or maintain participation in a plan network. If these reduced incentives lead to a significant decrease in the number of participating providers, there could be pressure to increase fees to providers in order to entice a sufficient number of providers to join plan networks, the cost of which could be passed on to consumers as increased premiums. These market effects are difficult to predict and potential state costs are indeterminate. PRIOR VOTES : Assembly Health: 19- 0 Assembly Appropriations:16- 0 Assembly Floor: 74- 1 COMMENTS : 1.Author's statement. There are dental insurance plans that will not honor assignment of benefits and instead send a check directly to the enrollee, who is then responsible for cashing the check and making the payment to the dentist. When dental offices, who are small businesses, do not receive payments for the services they perform, their practices suffer and cost of care increases. It is also unfair to patients for insurance companies not to honor their assignment of benefits to their dental provider. Reimbursement checks often take weeks to come, creating confusion and uncertainty for both patient and dentist. Additionally, patient coverage by two insurance plans AB 1579 | Page 6 increases the complexity and confusion of medical billing with respect to how much each plan covers and what the remaining balance is, if any. AB 1579 allows a patient, at his or her discretion, to request a dental plan to pay the dentist directly for services rendered when the dentist is an out-of-network provider. 2.Background. Regulation and oversight of health insurance in California is split between two state departments, DMHC and CDI. While CDI regulates most of the PPO plans, DMHC also regulates some PPO plans. In a PPO arrangement, the health insurer contracts with a network of providers who agree to accept lower fees and/or to control utilization. PPOs allow patients to practice "self-referral" which means an enrollee can see any provider without prior referral. PPOs typically cover 80 percent of the cost to see an in-network provider and just 50 percent of the cost to see an out-of-network provider. The cost will depend on the plan's maximum allowable amount for the service, which is the most the plan will pay for a service. 3.Assignment of benefits. Assignment of benefits refers to an arrangement where a patient requests their health benefit payments be made directly to a designated person or facility, such as a physician, hospital, or in the case of a dental specialized plan, a dentist. All health plans under Knox-Keene, HMOs and the PPOs subject to DMHC jurisdiction are required to directly reimburse providers for emergency care and services, provided certain statutory and regulatory conditions are met. HMO-model plans generally have no legal obligation to reimburse noncontracted providers, except in an emergency, since the plan contract provides that enrollees must get services from network providers in order for the benefits to be covered. PPO plan enrollees may seek services from noncontracted providers. Traditional indemnity insurance and PPO coverage plans have historically reimbursed the patients directly for covered services but have generally allowed for assignment of benefits to network providers and even for out-of-network providers. In a PPO arrangement, the health insurer contracts with a network of medical providers who agree to accept lower fees and/or to control utilization. Even if a patient authorizes assignment of benefits, the patient is still liable for their share of costs, which can be AB 1579 | Page 7 substantial for a provider outside the PPO network. Even where the patient assigns the benefits to the provider, unless the provider waives the right to payment, the patient remains liable for full payment to the provider. 4.Dental. According to the California Association of Dental Plans website, there are 24 dental plan options in California regulated by DMHC or CDI. DMHC regulates approximately 21.5 million lives of which approximately 82 percent are members of Delta Dental. CDI regulates approximately 4.1 million enrollees as of 2010 but CDI does not have data by plan enrollment. 5.Consumer protections. Licensed health plans and, if applicable, specialized health plans under Knox-Keene must meet certain standards, such as services furnished must be provided in a manner providing continuity-of-care and ready referral of patients to other providers consistent with good professional practice. Additionally, all services shall be readily available at reasonable times to each enrollee consistent with good professional practice. Further, regulations require services to be within reasonable proximity of enrollees' homes or workplaces, and distance may not be an unreasonable barrier to accessibility. Plans must monitor accessibility and have a system designed for correcting problems, if they develop. Regulations also require each dental plan to ensure contracted dental provider networks have adequate capacity and availability to offer enrollees appointments for covered dental services according to specified time frames: within 72 hours of the time of request for urgent appointments; 36 business days of the request for non-urgent appointments; and within 40 business days of the request for appointment for preventive dental care appointments. 6.Related legislation. AB 1742 (Pan) would have required all health care service plans and individual insurers, except specialized health plans and insurers, to permit enrollees to assign benefits directly to health care providers for health care services. AB 1742 failed passage in the Assembly Health Committee. SB 1373 (Lieu) would have required hospitals to provide an enrollee or insured, who seeks services at a hospital for an elective or scheduled procedure, a notice with specified AB 1579 | Page 8 information further requires a plan to either refer the enrollee or subscriber to a contracting provider or authorize the person to obtain services from a noncontracting provider. SB 1373 failed passaged in the Senate Health Committee. 7.Prior legislation. AB 2805 (Ma) of 2008 would have required issuers to permit enrollees to assign benefits directly to health care providers, or pay providers directly, respectively, for health care services in the same way that existing law requires such benefits be assigned or paid directly to providers of beneficiaries of the Medi-Cal program. AB 2805 failed passage on the Assembly Floor. AB 2275 (Hayashi), Chapter 673, Statutes of 2010, prohibits a provider from charging more for non-covered dental services than his or her usual and customary rate for those services. AB 1455 (Scott), Chapter 827, Statutes of 2000, bars Knox-Keene health plans from engaging in unfair payment patterns in the reimbursement of providers. AB 1455 also contains a number of other provisions regarding payment practices of health plans, including requiring health plans to make their dispute resolution process available to noncontracting providers. AB 2309 (Woodruff), Chapter 744, Statutes of 1993, requires health plans and health insurers that cover the expenses of health care services to permit the insured or covered person to assign reimbursement to the provider of services, in which case the insurer shall directly pay the provider, custodial parent, or DHCS for Medi-Cal beneficiaries. 8.Support. The California Dental Association (CDA) writes that there are many advantages to patients in having the option to assign their right to treatment payments to their dental care providers. For example, the patient can designate to their dentist the responsibility of filling out the claim form and assuring that all the necessary documentation is attached, eliminating confusion that patients often have over using correct insurance codes and procedure descriptions. CDA also argues that the patient does not need to attend to the specific details of financial recordkeeping associated with billing and payment of the care they were provided and any difficulties or disputes arising from a dental insurer's failure to properly reimburse the claim can be handled by the AB 1579 | Page 9 dental office rather than by the patient. CDA writes that assignment of benefit laws have passed in 21 other states and not one of those states has seen their provider networks diminish as a result. CDA contends that the state of Colorado passed legislation is 2005 and according to Delta Dental's 2010 annual report, their provider network saw a net growth of 2.1 percent. 9.Opposition. Delta Dental writes that this bill would compromise the ability of dental plans to maintain networks for the broader enrollee community because it would require Delta to provide a contractual benefit, which they have agreed to provide to the patient, to the dentist instead, even though that dentist has no contractual agreement with Delta. Assignment of benefits erodes the value of contracting for our participating dentists who agree to discount their fees in return for direct payment and higher patient volume. Delta Dental argues AB 1579 would give the ten percent of California dentists who do not contract with Delta the same advantages of direct payment as network dentists. These network dentists not only agree to discounted fees, but also agree to refrain from balance billing patients as well as other patient protections Delta Dental and Knox-Keene require of them. America's Health Insurance Plans writes in opposition that AB 1579 would significantly diminish the ability of health plans to enter into contracts because the bill eliminates incentives for dental providers to contract with health providers. The California Association of Health Plans (CAHP) writes that a dentist that forgoes entering into contracts with a dental plan should not by law enjoy the privileges of participating dentists. CAHP argues that effective provider networks are essential in delivering high quality and affordable care, particularly as California gears up for 2014, when millions of people will be eligible for expanded health coverage through the California Health Benefits Exchange. 10.Author's amendments. a. To address the opposition's concern that a plan would be responsible for finding a means of checking that an out-of-network dentist provided the disclosure required by this bill, the author is proposing to require the provider submit the disclosure form to the plan. On Page 3, Line 4, after "or" insert: "and a copy of the signed written disclosure required pursuant to (c)(4)." AB 1579 | Page 10 b. AB 1579 is intended to be limited to PPOs. To correct a drafting error and ensure AB 1579 is limited to PPOs the author has agreed to the following amendment: On Page 5, Line 14, strike the comma and insert "or:" On Page 5, Lines 15 and 16, strike "or any other plan contract that provides coverage for out-of-network services." 11.Suggested amendments. The author may wish to amend on Page 3, Line 11 that the notice be given at the time of appointment, rather than prior to treatment. The author may also wish to add language to the notification to ensure consumers are aware of the various protections (described in #5 above) they will be losing by receiving services from an out-of-network provider. On Page 4, Lines 11-20 amend as follows: Your plan's benefits and policies may not apply to the treatment you will receive. The provider is not subject to contract requirements or oversight by your health plan as required by state law for participating and network providers. Your health plan may be unable to assist you in obtaining timely access to care, in recovering any out-of-pocket expenses for inappropriate or unnecessary services, or in redressing any complaints you have about the quality or appropriateness of services received. Contact 1-800-HMO-HELP for more information. Your out-of-pocket costs may be higher when visiting a dentist who is not in your plan's network due to higher patient cost-sharing requirements under your health plan and because youmaywill be responsible for any difference between the out-of-network dentist's usual fee andyour plan's payment.what your plan would pay an in-networ dentist for the same service. SUPPORT AND OPPOSITION : Support: California Dental Association (sponsor) Western Dental Services, Inc. Oppose: America's Health Insurance Plans California Association of Dental Plans California Association of Health Plans Delta Dental AB 1579 | Page 11 -- END --