BILL ANALYSIS Ó SENATE HEALTH COMMITTEE ANALYSIS Senator Ed Hernandez, O.D., Chair BILL NO: SB 222 S AUTHOR: Alquist B AMENDED: As Introduced HEARING DATE: April 27, 2011 2 CONSULTANT: 2 Chan-Sawin/jl/mn 2 SUBJECT Health plans: joint ventures SUMMARY Permits a health plan that is governed, owned, or operated by a county board of supervisors, a county special commission, a county-organized health system, a county health authority, or the County Medical Services Program, to form joint ventures for the joint or coordinated offering of health plans to individuals and groups. CHANGES TO EXISTING LAW Existing law: Provides for the regulation of health care services plans (health plans) by the Department of Managed Health Care (DMHC), and for the regulation of health insurers by the California Department of Insurance (CDI). Establishes the Knox-Keene Health Care Service Plan Act of 1975 (Knox-Keene Act) which, among other things, imposes requirements on health plans pertaining to the provision of mandatory basic services, financial stability, availability and accessibility of providers, review of provider contracts, cost sharing, and consumer disclosure and grievance requirements. Continued--- STAFF ANALYSIS OF SENATE BILL 222 (Alquist) Page 2 Establishes various public health benefits programs administered by the Department of Health Care Services (DHCS), the Managed Risk Medical Insurance Board (MRMIB), and various local entities. Establishes the Medi-Cal program, administered by DHCS, which provides comprehensive health benefits to low-income children up to age 21, their parents or caretaker relatives, pregnant women, elderly, blind or disabled persons, nursing home residents, and refugees who meet specified eligibility criteria. Authorizes DHCS to contract, on a bid or non-bid basis, with any qualified individual, organization, or entity to provide services to, arrange for, or case-manage the care of Medi-Cal beneficiaries. Permits the contract to be exclusive or nonexclusive, statewide or on a more limited geographic basis, and requires that the contracts include specified provisions. Provides, through regulations, for the delivery of Medi-Cal services in designated counties through two prepaid health plans, one of which is referred to as a "local initiative or "LI", which is organized by one or more county government(s), or stakeholders, in a region designated by the DHCS director. Authorizes a county or counties to establish a special commission or authority for the delivery of Medi-Cal services, and to negotiate an exclusive contract with the California Medical Assistance Commission to provide or arrange for health care services under the Medi-Cal program. These programs are referred to as county-organized health systems (COHS). Provides for the County Medical Services Program (CMSP), under which counties with a population below 300,000, or as specified, may contract with DHCS to provide health care services to medically indigent adults, as specified. Establishes the Joint Exercise of Powers Act, which permits two or more public agencies to enter into agreements to jointly exercise any power common to the contracting parties. STAFF ANALYSIS OF SENATE BILL 222 (Alquist) Page 3 This bill: Permits a health plan that is governed, owned, or operated by a county board of supervisors, a county special commission, a COHS, or a county health authority to form joint ventures for the joint or coordinated offering of health plans to individuals and groups. Also permits a CMSP governing board to develop and participate in joint ventures, provided that the joint venture is funded separately from the program and does not impair its financial stability. Permits the joint ventures to consist of either: 1. Contractual relationships entered into in order to pool risk or share networks, or both; or, 2. Contractual relationships entered into in order to provide for the joint offering or marketing of health plans to individuals and groups. Requires participating health plans, in forming joint ventures, contracts with designated public hospitals, county health clinics, community health centers, and other traditional safety net providers. Permits a CMSP governing board, if it elects to participate in a joint venture, to contract with a third-party administrator to provide coverage under the joint venture. Requires joint ventures to meet all of the requirements of the Knox-Keene Act. Makes various legislative findings and declarations. FISCAL IMPACT According to the Assembly Appropriations Committee analysis of SB 56 (Alquist) of 2010, which contained provisions identical to those in SB 222, such provisions may incur a one-time fee-supported special fund cost to DMHC of $200,000 to $500,000 to license two to five joint ventures created pursuant to this bill. BACKGROUND AND DISCUSSION According to the author, due to the economic downturn, STAFF ANALYSIS OF SENATE BILL 222 (Alquist) Page 4 hundreds of thousands of Californians are joining the ranks of the uninsured, or are looking to publicly financed programs for their health coverage. Compared to persons with health coverage, the uninsured are less likely to have a regular source of care, are likely to delay seeing a doctor, and are less likely to receive preventive health care services. Based on recent data collected by the Kaiser Family Foundation and other entities, health care costs continue to rise at a faster rate than general inflation and average wage growth. The author believes that this bill takes a step toward making cost-effective health coverage more readily available by facilitating the creation of regional public health insurance plans to provide a cost-saving alternative to private health insurance plans. Because of the cost-effective provider networks these plans use, and their very low levels of overhead, the local health plans have the potential to be a viable coverage alternative for the uninsured, a population they don't currently serve. By clarifying their ability to form joint ventures to serve the uninsured, the author asserts that this bill will tap into the potential these plans offer for providing cost-effective coverage. Local coverage plan models under Medi-Cal managed care According to DHCS, as of February 2011, Medi-Cal managed care served about 4.2 million Medi-Cal beneficiaries in 27 counties (representing 58 percent of the total Medi-Cal population). To provide coverage to this population, California uses three managed care delivery models: COHS, the Two-Plan model, and Geographic Managed Care. a) COHS are managed care plans, organized and operated by a governing board (appointed by a county board of supervisors), that contract with DHCS to provide services to Medi-Cal beneficiaries. In creating these locally-run plans, input can be provided by local government, health care providers, community groups and Medi-Cal beneficiaries. In a COHS county, everyone is in the same managed care plan, including seniors and people with disabilities. Under a COHS model, there is no Medi-Cal fee-for-service option. There are currently five COHS providing services to 864,000 Medi-Cal beneficiaries in 11 counties: Merced, STAFF ANALYSIS OF SENATE BILL 222 (Alquist) Page 5 Monterey, Napa, Orange, Santa Barbara, Santa Cruz, San Luis Obispo, San Mateo, Solano, Sonoma, and Yolo. Ventura's program is in formation. b) Under the Two-Plan model, a public, non-profit LI created by the county competes with a commercial plan, selected through a competitive bidding process. Local government, community groups and health care providers all can give input in creating the LI, which is designed to meet the needs and concerns of the community. California has eight LIs providing health care coverage for California's Medi-Cal and Healthy Families populations. These LIs provide services through networks comprised of county health system providers, safety net providers, and county hospitals. Currently, LIs serve 2.9 million Medi-Cal beneficiaries in 14 counties: Alameda, Contra Costa, Fresno, Kern, Kings, Los Angeles, Madera, Riverside, San Bernardino, San Francisco, San Joaquin, Santa Clara, Stanislaus, and Tulare. Several of the LIs have expanded to offer coverage to In-Home Supportive Services (IHSS) workers, children who are not eligible for other state-sponsored health care coverage, and Medicare beneficiaries. c) Geographic Managed Care (GMC), found only in Sacramento and San Diego counties, allows Medi-Cal beneficiaries to choose among multiple competing commercial health plans. There are 433,000 Medi-Cal patients receiving care through GMC. In addition to the three delivery models for Medi-Cal described above, CMSP is a county-administered coverage program for medically indigent adults in primarily smaller rural counties. CMSP provides medical care services in 34 counties to indigent adults, ages 21 to 64 with incomes at or below 200 percent FPL who are not eligible for Medi-Cal, and who are U.S. citizens or legal residents. Individuals above 200 percent of the federal poverty level (FPL) may be eligible for the program with a share of cost. County welfare departments determine eligibility. Most individuals on CMSP are on the program for only three to seven months and the average monthly enrollment is 40,000. Prior legislation STAFF ANALYSIS OF SENATE BILL 222 (Alquist) Page 6 SB 56 (Alquist) of 2010 was substantively similar to SB 222. Vetoed by the Governor, who raised concerns that the bill is unnecessary as there is nothing in existing law that prohibits a COHS, local initiative or other public entity from entering into a joint venture, and that the bill does not solve the underlying problem for why these entities have been unsuccessful expanding their business in the past. SB 973 (Simitian) and SB 1622 (Simitian) of 2007-2008, contained provisions that were substantially similar to this bill. SB 973 was vetoed by the Governor, who stated that although he agreed with the bill's concept, he could not support the bill as a piecemeal approach to health care reform. SB 1622 was held in the Senate Appropriations Committee. ABX1 1 (Nunez) of 2007-2008, as part of its comprehensive health care reforms, contained provisions that were substantially similar to this bill. Died in the Senate Health Committee. AB 2918 (Wolk), Chapter 905, Statutes of 2006, authorizes COHS to provide health care services to individuals or groups in the service area, other than Medi-Cal and Medicare beneficiaries, including, but not limited to, public agencies, private businesses, and uninsured or indigent persons. AB 2755 (Lee), Chapter 642, Statutes of 2004, provides that a county health authority established to provide services to Medi-Cal beneficiaries may provide services to Medicare patients and to private businesses if it is in compliance with the requirements of the Knox-Keene Act. Arguments in support Writing in support, the California Labor Federation states that California's health care purchasers need an alternative to the state's private health insurers and that publicly administered plans can and do lower costs by eliminating profit and minimizing administrative costs. The American Federation of State, County and Municipal Employees points out that many Californians live in one county and work in another, while the existing public system is tied to county boundaries. By building on STAFF ANALYSIS OF SENATE BILL 222 (Alquist) Page 7 existing LIs and COHS, SB 222 allows the existing Medi-Cal managed care plans to provide regional networks, thus providing more viable coverage options for those who commute. Health Access concurs and points out that by knitting together local LIs and county-based health plans, SB 222 has the potential to create a cost-effective alternative for individuals and employers. The California Pan-Ethnic Health Network also writes in support, stating that local health plans have proven that they can deliver cost-effective care to Medi-Cal and Healthy Families beneficiaries. By removing barriers in current law that limit their ability to form joint ventures, SB 222 allows these plans to integrate their operations and offer coverage on broader geographic basis. Arguments in opposition The Orange County Board of Supervisors write in opposition, stating that allowing public agencies to sell health insurance in competition with private health plans and insurers would introduce the "public option" rejected by the public and Congress in relation to federal health reform. POSITIONS Support: American Federation of State, County and Municipal Employees California Labor Federation United Nurses Association of California/Union of Health Care Professionals California Pan-Ethnic Health Network California School Employees Association Center for Policy Analysis/EQUAL Health Care Consumers Union Having Our Say Health Access California Planned Parenthood Affiliates of California Oppose: Orange County Board of Supervisors STAFF ANALYSIS OF SENATE BILL 222 (Alquist) Page 8 -- END --