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 




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            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 




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            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 




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            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 




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            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 you   may  will  be responsible 
               for any difference between the out-of-network 
               dentist's usual fee and   your 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




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