BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 703
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          Date of Hearing:  July 5, 2011

                            ASSEMBLY COMMITTEE ON HEALTH
                              William W. Monning, Chair
                  SB 703 (Ed Hernandez) - As Amended:  June 28, 2011

           SENATE VOTE  :  25-14
           
          SUBJECT  :  Health care coverage:  Basic Health Program.

           SUMMARY  :  Creates the Basic Health Plan (BHP), administered by 
          the Managed Risk Medical Insurance Board (MRMIB), which will 
          serve individuals with income up to 200% of the federal poverty 
          level (FPL) who would otherwise be eligible for subsidies in the 
          California Health Benefit Exchange (Exchange).  Specifically, 
           this bill  :  

          1)States legislative intent to establish a BHP to implement the 
            option contained in the federal Patient Protection and 
            Affordable Care Act (PPACA).  Finds and declares that the BHP:
             a)   Requires eligible individuals and their dependents 
               enrolled in the BHP to be provided a health plan containing 
               essential health benefits (EHBs) at a monthly premium price 
               that does not exceed the amount of the premium that the 
               eligible individual would have been required to pay if the 
               individual had enrolled in the applicable second lowest 
               cost silver plan offered to the individual through the 
               Exchange.
             b)   Prohibits the cost sharing an eligible individual is 
               required to pay under the BHP from exceeding the cost 
               sharing required under a platinum plan for individuals with 
               a household income at or below 150% FPL for the size of the 
               family involved.
             c)   Prohibits the cost sharing an eligible individual is 
               required to pay under the BHP from exceeding the cost 
               sharing required under a gold plan for an individual with a 
               household income above 150% FPL but at or below 200% FPL 
               for the size of the family involved.
             d)   Requires the medical loss ratio for coverage products in 
               the BHP to be 85%, instead of 80% as required for products 
               in the individual and small group market.

          2)Defines "health plan" as a private health insurer holding a 
            valid outstanding certificate of authority from the California 
            Department of Insurance (CDI) or a health care service plan 








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            licensed by the Department of Managed Health Care (DMHC).

          3)Requires MRMIB to enter into a contract with the United States 
            Secretary of the Department of Health and Human Services 
            (DHHS) to implement the BHP to provide coverage to eligible 
            individuals and permits enrollment on January 1, 2014.

          4)Requires MRMIB to administer BHP in conjunction with the 
            Healthy Families Program (HFP), and to provide an eligibility 
            and enrollment process that allows an individual, or his or 
            her natural or adoptive parent, legal guardian, caretaker 
            relative, foster parent, or stepparent with whom the child 
            resides, to enroll in the BHP at the same time an individual, 
            or his or her natural or adoptive parent, legal guardian, 
            caretaker relative, foster parent, or stepparent with whom the 
            child resides, applies for enrollment in HFP for the child.  
            Permits an individual to enroll in the same health plan, or a 
            different health plan, than his or her child or children who 
            are enrolled in HFP.

          5)Provides MRMIB authority to take actions in conjunction with 
            administering the BHP, including the following:
             a)   Determine eligibility criteria, requirements for 
               coverage and health plan participation, premiums, and 
               cost-sharing amounts;
             b)   Collect premiums and provide or make available 
               subsidized coverage through participating health plans;
             c)   Provide for the processing of applications and 
               enrollment of eligible individuals;
             d)   Determine and approve the benefit designs and cost 
               sharing required by health plans;  
             e)   Maintain enrollment and expenditures to ensure that 
               expenditures do not exceed amounts available in the fund, 
               and, if sufficient funds are not available to cover the 
               estimated cost of program expenditures, requires MRMIB to 
               institute appropriate measures to reduce costs;
             f)   Issue rules and regulations, and until January 1, 2016, 
               provide emergency regulation authority; and,
             g)   Make application assistance payments to individuals who 
               have successfully completed the requirements of a Certified 
               Application Assistant in HFP and who successfully enroll 
               eligible individuals in BHP.

          6)Authorizes MRMIB to determine benefits, if any, to offer BHP 
            participants that are in addition to the EHB packages required 








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            by PPACA, including benefits provided through specialized 
            health care service plans and specialized health insurance 
            policies, to the extent PPACA authorizes the inclusion of such 
            plans or policies in the BHP.

          7)Requires MRMIB, in conjunction with state Department of Health 
            Care Services (DHCS), to conduct a community outreach and 
            education campaign to assist in notifying eligible individuals 
            of the availability of coverage through BHP.  

          8)Requires DHCS and the Exchange to include information on the 
            availability of coverage through the BHP in all eligibility 
            outreach efforts, and MRMIB to also include information on the 
            availability of coverage in the Medi-Cal Program and Exchange.

          9)Requires MRMIB to ensure that written enrollment information 
            issued or provided, and telephone services provided, by the 
            BHP are available to program subscribers and applicants in 
            each of the Medi-Cal threshold languages.  

          10)Requires MRMIB to ensure that subscribers are provided 
            information within provider network directories of available 
            linguistically diverse providers, and participating health 
            plans, specialized health plans and specialized insurance 
            policies, provided documentation on how linguistically and 
            culturally appropriate services are provided, including 
            marketing materials, to subscribers.

          11)Requires MRMIB to contract with a broad range of health plans 
            in an area, if available, to ensure that subscribers have a 
            choice of health plans from among a reasonable number and 
            different types of competing health plans.  

          12)Requires MRMIB to take all reasonable steps to ensure that 
            the range of choices of health plans available to each 
            applicant includes health plans that include in their provider 
            networks, and have signed contracts with, traditional and 
            public and private safety net providers.

          13)Requires a participating health plan to annually submit to 
            MRMIB a report summarizing its provider network, including 
            information on geographic access for subscribers, linguistic 
            services, the ethnic composition of providers, the number of 
            subscribers who selected traditional and public and private 
            safety net providers.








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          14)Prohibits MRMIB from relying solely on a determination by 
            DMHC and the CDI of a health plan network's adequacy or 
            geographic access to providers in the awarding of contracts 
            under this bill.  

          15)Requires MRMIB to collect and review demographic census, and 
            other data to provide to prospective local initiatives, health 
            plans, or specialized health plans, and identify specific 
            provider contracting target areas with significant numbers of 
            uninsured individuals with incomes that would make them 
            eligible for the BHP.  

          16)Requires MRMIB to give priority to those health plans, on a 
            county-by-county basis, that demonstrate that they have 
            included in their prospective plan networks significant 
            numbers of providers in these geographic target areas.

          17)Requires MRMIB to designate a community provider plan (CPP) 
            in each geographic area that is the participating health plan 
            that has the highest percentage of traditional and public and 
            private safety net providers in its network.  Requires that 
            subscribers selecting such a health plan be given a premium 
            discount in an amount determined by MRMIB.  Includes 
            specialized health plans and insurance policies in this 
            provision and provisions 11) through 16) above. 

          18)Continues enrollment for an eligible individual enrolled in 
            the BHP for a period of 12 months from the month eligibility 
            is established, to the extent permitted by federal law.

          19)Authorizes MRMIB to disenroll an eligible individual enrolled 
            in BHP after two consecutive months of nonpayment of premiums, 
            and a reasonable written notice period of not less than 30 
            days.  Authorizes MRMIB to conduct or contract for collection 
            actions.

          20)Requires MRMIB to make sure of a simple and easy to 
            understand mail-in and Internet application process, provide 
            for the operation of a toll-free telephone hotline to respond 
            to requests for assistance, maintain an Internet Website, 
            utilize a standardized format for presenting health benefits 
            plan options, as specified, and establish a process to inform 
            individuals who lose eligibility for the BHP of the 
            availability of coverage through Medi-Cal, and the Exchange 








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            and to transmit their eligibility-related information to those 
            programs electronically to facilitate enrollment.

          21)Requires MRMIB in the event that MRMIB reasonably expects 
            that the cost of BHP will exceed the available funds, to 
            transfer individuals at their annual redetermination to 
            coverage in the Exchange.  

           EXISTING FEDERAL LAW  :  

          1)Establishes federal PPACA, which among other private market 
            insurance reforms, authorizes states to establish an American 
            Health Benefit Exchange by January 1, 2014, that makes 
            qualified health plans available to qualified individuals and 
            employers.
          2)Provides states an option to establish BHP to enter into 
            contracts to offer one or more health plans providing at least 
            EHBs, as specified, to eligible individuals in lieu of 
            offering such coverage in the Exchange.  

          3)Requires, as part of the BHP, the state to establish to the 
            satisfaction of DHHS, that the amount of the monthly premium 
            an eligible individual is required to pay for coverage under a 
            standard health plan (in BHP) for the individual and the 
            individual's dependents does not exceed the amount of the 
            monthly premium that the eligible individual would have been 
            required to pay if the individual had enrolled in the 
            applicable second lowest cost silver plan, as specified, 
            offered to the individual through an Exchange; that the 
            cost-sharing an eligible individual is required to pay under 
            the standard health plan does not exceed the cost-sharing 
            required under a platinum plan in the case of an eligible 
            individual with household income not in excess of 150% FPL; 
            and, the cost-sharing required under a "gold plan" in the case 
            of an eligible individual with household income between 150% 
            FPL and 200% FPL and the benefits provided under the standard 
            health plans offered through the program covers at least the 
            essential health benefits (EHBs).

          4)Defines EHBs to include: ambulatory patient services, 
            emergency services, hospitalization, maternity and newborn 
            care, mental health and substance use disorder services, 
            including behavioral health treatment, prescription drugs, 
            rehabilitative and habilitative services and devices, 
            laboratory services, preventive and wellness services, chronic 








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            disease management, and pediatric services, including oral and 
            vision care, and requires the Secretary of DHHS to further 
            define EHBs, and ensure that the scope of EHBs is equal to 
            those provided under a typical employer plan.

          5)Provides for premium assistance credits for the purchase of 
            health insurance in the Exchange.  Credits are calculated on a 
            sliding scale capped at 2% of income for those at or above 
            133% FPL and phasing out at 9.8% for those at 400% FPL.  The 
            premium credit is based on the second lowest-cost silver plan.

          6)Provides assistance based on standard out-of-pocket (OOP) 
            limits of $5,950 for individuals and $11,900 for families.  
            Limit is reduced to one-third for those with income between 
            100% and 200% FPL, to one-half for those with income between 
            200 and 300% FPL and two-thirds for those with income between 
            300 and 400% FPL.

           EXISTING STATE LAW  :

          1)Establishes HFP, administered by MRMIB, to provide health 
            coverage through health plans to eligible children in families 
            with income up to 250% FPL.

          2)Establishes the CPP in HFP, whereby in each geographic area, 
            MRMIB designates a CPP  that is the participating health plan 
            which has the highest percentage of traditional and safety net 
            providers in its network.  Requires subscribers selecting such 
            a plan to be given a family contribution discount.  Pursuant 
            to regulation, traditional and safety net providers are 
            determined by MRMIB for each county based on providers 
            participating in the Child Health and Disability Prevention 
            Program, outpatient hospital based clinics, Federally 
            Qualified Health Centers (FQHCs), rural, community and free 
            clinics participating in the Medi-Cal Program, and specified 
            public and private hospitals participating in the Medi-Cal 
            Program such as county hospitals, non-profit community 
            hospitals, hospitals operated by the University of California, 
            and designated children's hospitals. 

          3)Authorizes MRMIB to pay designated individuals or 
            organizations an application assistance fee, if the individual 
            or organization assists an applicant to complete the HFP 
            application, and the applicant is enrolled in HFP as a result 
            of the application.








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          4)Provides for the licensure of health plans, through the DMHC, 
            under the Knox-Keene Health Care Service Plan Act of 1975, and 
            for the licensure of health insurers, through the CDI, under 
            the Insurance Code.

          5)Provides for the DHCS, which administers the Medi-Cal Program, 
            a health care services and coverage program for low-income 
            families, pregnant women, children, individuals with 
            disabilities, the elderly, and individuals in long-term care.

          6)Establishes the Exchange in state government, and specifies 
            the duty and authority of the Exchange.  Requires the Exchange 
            to determine the minimum requirements health plans must meet 
            for participation in the Exchange, the standards and criteria 
            for selecting health plans to be offered in the Exchange, to 
            provide, in each region of the state, a choice of qualified 
            plans, at each of the five levels of coverage contained in 
            federal law (platinum, gold, silver, bronze, and 
            catastrophic).

           FISCAL EFFECT  :  According to the Senate Appropriations 
          Committee:

                            Fiscal Impact (in thousands)

           Major Provisions       2011-12        2012-13       2013-14      Fund
           Start-up funding:    unknown, likely in the millions of dollars 
          annually             General*

          Ongoing cost to operate BHP:      likely in the billions of 
          dollars annually     Federal/**
                                                                   Private
          *Permits a General Fund (GF) loan to be repaid by July 1, 2016, 
          with interest.
          **BHP funded by federal funds and subscriber premiums.

           COMMENTS  :

           1)PURPOSE OF THIS BILL  .  According to the author, this bill will 
            create affordable health care coverage for hundreds of 
            thousands of people without asking for a single dime more from 
            California's taxpayers.  The BHP will provide low-income 
            Californians with equal or better benefit levels, less 
            expensive health plan premiums, and lower cost-sharing than 








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            would be available to them in the Exchange using exclusively 
            federal dollars, according to a Mercer Government Human 
            Services Consulting (Mercer) financial feasibility analysis.  
            Adopting the BHP option will lead to more individuals 
            receiving health care coverage as a result of lower premiums, 
            greater ability to access health care because of the lower 
            cost-sharing, increased compliance with the federal individual 
            mandate, and a reduction in uncompensated care for health care 
            providers.  Because federal BHP financing is based on the 
            amount spent on premium tax credit and cost-sharing subsidies 
            for commercial Exchange products, the BHP also provides an 
            opportunity to increase funding to certain health plans and 
            providers to amounts that would exceed rates paid to health 
            plans and health care providers through Medi-Cal.  The Mercer 
            feasibility analysis estimates rates paid to providers in the 
            BHP would be 20% to 25% higher than Medi-Cal rates, which will 
            improve the financial viability of safety net providers who 
            will continue to serve the remaining uninsured after full 
            implementation of federal health care reform.  The BHP option 
            also provides participants with a product with a higher 
            medical loss ratio (85% instead of 80%) than in the Exchange, 
            which allows consumers to get more value out of their premium 
            dollar.  Finally, establishing a BHP could also reduce state 
            GF Medi-Cal costs by making it more likely that individuals 
            who qualify for share-of-cost Medi-Cal, because they incur 
            medical costs significant enough to enable them to "spend 
            down" to Medi-Cal eligibility, will shift to the 
            federally-funded BHP. 

           2)FEDERAL HEALTH CARE REFORM  .  On March 23, 2010, President 
            Obama signed the PPACA (Public Law ÝPL] 111-148), which was 
            amended on March 30, 2010 by the Health Care and Education 
            Reconciliation Act of 2010 (PL 111-152), together these laws 
            are referred to as PPACA.  The law includes many provisions 
            including a restructuring of the small and individual group 
            insurance market, setting minimum standards for health care 
            coverage, providing financial assistance to certain 
            individuals and small employers, and enabling and supporting 
            states to establish Health Benefit Exchanges where individuals 
            and small business can shop for insurance and premium credits 
            and cost sharing subsidies will be determined.  

           3)BENEFIT CATEGORIES  . PPACA establishes five benefit 
            categories-bronze, silver, gold, platinum, and catastrophic - 
            all of which will have the EHB package. Policies cannot be 








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            sold in the small-group and individual market or Exchanges 
            that do not meet the actuarial standards (percentage of 
            medical expense paid by insurer) for the benefit categories 
            established by PPACA.  All carriers selling in the individual 
            and small-group markets are at least required to offer silver 
            and gold plans. 
             a)   The bronze package will represent minimum creditable 
               coverage with an actuarial value of 60% (i.e., covering 60% 
               of enrollees' medical costs) with out-of-pocket spending 
               limited to that which is defined for health savings 
               accounts (HSAs), or $5,950 for individual policies and 
               $11,900 for family policies. 
             b)   The silver benefit package will have an actuarial value 
               of 70% and the same out-of-pocket limits. 
             c)   The gold package will have an actuarial value of 80% and 
               the same out-of-pocket limits. 
             d)   The platinum package will cover 90% of costs with the 
               same out-of-pocket limits. 
             e)   A catastrophic benefit package can be made available for 
               adults younger than age 30, similar to HSA-eligible, 
               high-deductible plans, with the EHB package, the cost of 
               preventive services will be excluded from the deductible as 
               under current HSA law, three primary care visits, and 
               cost-sharing to HSA out-of-pocket limits.

           1)PREMIUM TAX CREDITS AND SUBSIDIES  .  Depending upon income, 
            PPACA provides premium tax credits, lower cost-sharing and 
            lower maximum out-of-pocket (OOP) limits.  Beginning 2014, 
            advanceable, refundable tax credits will be available in the 
            Exchange.  Tax credits are based on the premium for the second 
            lowest cost silver plan in an Exchange in the area where the 
            person is eligible for coverage.  Premiums are capped on a 
            sliding scale depending upon income:  a person with income up 
            to 133% FPL has a cap of 2% of their income; a person with 
            income up to 200% FPL has a cap of 6.3%; and, a person with 
            income up to 400% FPL has a cap of 9.5%.  As an example, a 
            person with income at 200% FPL ($21,780 in 2011) would have a 
            premium cap of $1,372 (6.3% of income), so if the second 
            lowest cost silver plan premium was $4,000, there would be a 
            premium credit of $2,628 (the difference between the $4,000 
            premium and the $1,372 cap).  Credits are based on annual 
            income.  A year-end reconciliation through the Internal 
            Revenue Service could result in a refund to the enrollee or 
            repayment up to a maximum safe harbor of $300 for an 
            individual and $600 for a family at or below 200% FPL, and a 








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            scaled repayment for those with incomes up to 500% FPL.

          People who qualify for premium credits and are enrolled in an 
            Exchange silver level plan will also be eligible for 
            assistance with cost-sharing requirements.  In addition to the 
            maximum OOP caps ($5,950 per individual and $11,900 per 
            family), cost-sharing subsidies will further reduce OOP 
            maximums by two-thirds for income between 100 and 200% FPL; by 
            one-half for income between 200 and 300% FPL; and, by 
            one-third for income between 300 and 400% FPL.  
                                                                        
           2)BHP  .  PPACA allows states to establish a BHP to support 
            coverage of low-income individuals not eligible for Medicaid 
            (Medi-Cal in California).  BHP eligible individuals are people 
            with income under 200% FPL who would otherwise be eligible for 
            premium credits in the Exchange.  Under the BHP, DHHS will 
            transfer to the state for each fiscal year for which one or 
            more standard health plans are operating within the state the 
            amount equal to 95% of the premium tax credits, and 
            cost-sharing reductions, that will be provided for the fiscal 
            year to eligible individuals enrolled in the Exchange.  States 
            must assure that cost sharing requirements do not exceed those 
            of a platinum Exchange plan (90% actuarial value) for 
            individuals with income under 150% FPL and those of a gold 
            plan (80% actuarial value) for other BHP enrollees.  To 
            qualify, enrollees must be U.S citizens or lawfully present 
            immigrants under age 65, have income that does not exceed 200% 
            FPL, not qualified for Medicare, Medicaid, or Children's 
            Health Insurance Program (CHIP), and not offered employer 
            sponsored insurance that meets PPACA standards for 
            affordability and comprehensiveness.  The University 
            California Los Angeles (UCLA) Center for Health Policy 
            Research estimates there are approximately 829,000 individuals 
            in California who would be eligible for BHP, including 46,000 
            legal immigrants.  

           3)BHP FEASIBILITY  .  At the request of the California HealthCare 
            Foundation, Mercer assessed the financial feasibility of the 
            BHP option in terms of whether the BHP could potentially be 
            implemented in California at existing Medi-Cal managed care 
            payment rates.  The results indicate that California may be 
            able to implement BHP at no cost to the state GF.  Mercer 
            estimates that the average 2014 federal BHP monthly subsidy 
            would be between $441 and $497 per member per month (PMPM).  
            Using conservative estimates, Mercer estimates the average 








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            monthly BHP premium cost to be between $294 and $353 PMPM.  
            Mercer acknowledges that these estimates are speculative and 
            that there are many provisions and details of PPACA that are 
            still unknown.  Another report by the Institute for Health 
            Policy Solutions (IHPS) points out that the federal subsidy 
            amounts are highly sensitive to the benchmark plan in the 
            Exchange and that IHPS and the Congressional Budget Office 
            have estimated a lower premium amount ($392 PMPM), which means 
            federal funding available for BHP could be hundreds of 
            millions of dollars less than is assumed by estimates to date 
            (i.e., Mercer).

           4)IMPACT ON CONSUMERS  .  If the BHP uses Medi-Cal providers and 
            plans, it could provide continuity for populations switching 
            between Medi-Cal and the BHP.  It could also provide coverage 
            at a lower cost than Exchange coverage, assuming Medi-Cal 
            provider rates.  Savings would be passed on to BHP enrollees 
            in the form of lower premiums, cost-sharing, or additional 
            benefits.  BHP enrollees would not be subject to year-end 
            reconciliation.  To the extent that HFP plans participate, 
            parents and their children could enroll in the same plan.  On 
            the other hand, BHP enrollees would not be able to enroll in 
            the Exchange, may be limited in their choice of mainstream 
            health plans, and would not be eligible for tax credits.  In 
            addition, there may still be disruption in coverage as income 
            fluctuates (at slightly higher income levels) and people move 
            between BHP and the Exchange.

           5)IMPACT ON SAFETY NET  .  Traditional and safety net providers 
            are those providers who typically serve Medi-Cal, low-income, 
            and uninsured patients.  They include public hospitals and 
            primary care clinics, including FQHCs.  California, through 
            its Medi-Cal Managed Care Program has three models of managed 
            care delivery; two of those models, Local Initiatives and 
            County Organized Health Systems have networks that include and 
            in some cases are required to include traditional and safety 
            net providers.   The BHP, as contemplated in this bill, 
            creates discount premiums for a plan designated a CPP, which 
            obtains that designation based on the percentage of 
            traditional and safety net providers in its network.  To the 
            extent the BHP preserves a patient base and revenue stream for 
            traditional and safety net providers, those providers will 
            benefit.  FQHCs, however, are not guaranteed higher 
            Prospective Payment System (PPS) rates as they are in Medi-Cal 
            and the Exchange, and may be disadvantaged.  Because of 








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            historically low reimbursement rates, provider access and 
            financial solvency is a concern in Medi-Cal and may be a 
            factor in the ability of Medi-Cal plans and providers to 
            compete in the Exchange, but may not be an issue in BHP.

           6)IMPACT ON EXCHANGE  .  Mercer estimates approximately 1.8 
            million would enroll in the Exchange (even with a BHP).  
            Mercer suggests that the BHP population could represent a less 
            healthy (and more costly) risk profile than the remaining 
            Exchange population above 200% FPL because people with lower 
            incomes tend to have more health issues.  The level of 
            premiums and cost-sharing in BHP and in the Exchange will have 
            a direct impact on the risk of the population that enrolls in 
            either place.  Higher premium and cost-sharing levels increase 
            the level of adverse risk and lead to higher enrolled 
            population risk, because only those people who really need 
            coverage will be willing to pay for it, especially at higher 
            premium and cost-sharing levels.  Lower premiums and 
            cost-sharing levels, as would be offered in the BHP as 
            compared to what the same population would get in the 
            Exchange, could result in better risk in BHP because lower 
            income people with more health issues would not be in the 
            Exchange risk pool.  Mercer indicates that plan participation, 
            consumer choice, and risk dynamics for the Exchange population 
            are complicated and beyond the scope of their analysis.  

          The IHPS report indicates that the BHP would substantially 
            reduce the size of the Exchange's core tax credit population 
            by more than half.  IHPS uses estimates developed by the Urban 
            Institute that indicate that there are over 2.3 million 
            Californians with income up to 400% FPL, and a half of them 
            have income under 200% FPL and would be eligible for BHP.  
            IHPS states that this reduction in the Exchange population 
            would greatly diminish the Exchange's ability to attract and 
            offer high-value health plans that would compete for three out 
            of four individual market purchasers.

          Based on the 2009 California Health Interview Survey, a chart 
            prepared by the UCLA Center for Health Policy Research 
            indicates in the potential BHP eligible population 67% 
            self-report their health status as good or better, and 33% 
            indicate they have a chronic condition (any physical or mental 
            condition that limits daily activities).  This compare to the 
            87% of the potential Exchange eligible population who 
            self-report their health status as good or better, and 20% 








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            indicate they have a chronic condition.
            
           7)SUPPORT  .  The California Association of Health Insuring 
            Organizations (CAHIO) believes BHP is a better option compared 
            to the Exchange because it can offer a more affordable benefit 
            than the Exchange.  CAHIO identifies many advantages to 
            establishing BHP as an extension of HFP, such as, MRMIB 
            already has a competitive health plan selection process, 
            appropriate plan oversight, it would reduce administrative 
            start-up expenses, and could maintain the family unit as 
            existing HFP plans are more likely to participate in BHP.  The 
            Local Health Plans of California (LHPC) supports the BHP 
            because LHPC believes it will offer a better benefit at lower 
            cost to low-income working families, the BHP will provide 
            continuity and convenience of unified care for parents and 
            children who are in HFP, it will allow safety net providers 
            and their health plan networks to preserve their patient base 
            and revenue streams, and the BHP has the potential to raise 
            the level of compensation for those providers participating in 
            HFP and provide a more sustainable funding base.

           8)SUPPORT IF AMENDED  .  The California Primary Care Association 
            requests amendments to ensure that FQHCs receive PPS 
            reimbursement in the BHP.  The Western Center on Law and 
            Poverty (Western Center) supports this bill because they 
            believe, based on the Mercer study, that premiums and cost 
            sharing for this low-income group will be much lower than it 
            would be in the Exchange.  However, Western Center believes 
            the BHP should be administered by DHCS or the Exchange in 
            order to provide seamless transitions for this population with 
            volatile income.  The Service Employee International Union 
            requests amendments to house the BHP in the Exchange and 
            address adverse selection scenarios that could make the 
            Exchange or BHP pool unsustainable. 

           9)SEEKS AMENDMENTS  .  Health Access California has a strong 
            policy preference that BHP be operated by the Exchange.  
            Maternal and Child Health Access (MCH) requests an amendment 
            that this bill "shall not diminish the right of a woman to 
            pregnancy-related care under the Medi-Cal Program under 
            Welfare and Institutions Code sections 14132(u) and 14134.5."  
            MCH wants to preserve pregnancy related benefits and 
            protections on cost-sharing and due process for women with 
            income up to 200% FPL who qualify for Medi-Cal pregnancy 
            services.  MCH raises questions about whether these women 








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            would be eligible for BHP for non-pregnancy services and if 
            so, questions, how the programs would coordinate.  The 
            American Federation of State, County and Municipal Employees, 
            AFL-CIO (AFSCME) seeks amendments to put BHP in the Exchange.  
            AFSCME believes the Exchange will be undermined and have less 
            bargaining power without the BHP population, covering some, 
            but not all parents of HFP children further complicates 
            things, and that MRMIB has privatized (enrollment) providing 
            poor customer service.  

           10)OPPOSITION  .  The California Right to Life Committee opposes 
            any health care program that includes abortion and family 
            planning services with tax payer dollars, and any health care 
            programs that would include minors who could obtain these 
            services without parental notification or consent.  The Orange 
            County Board of Supervisors thinks that as many individuals 
            and groups as possible should be served in a competitive, 
            private sector market and that government programs should 
            focus on serving our lowest income individuals who would 
            otherwise be unable to secure coverage.

           11)POLICY QUESTIONS  .

             a)   Should the impacts of pulling a significant federal 
               subsidy population out of the Exchange to create a separate 
               health coverage program be measured and monitored over 
               time?  Mercer, Urban Institute, IHPS and others have 
               anticipated some of the potential impacts of creating a BHP 
               on the Exchange but there is no certainty in any of those 
               studies.  Should California create a BHP it may be useful 
               to conduct an evaluation over a period of time after the 
               program has experience with enrollment, plan participation, 
               federal subsidies, etc., to determine the long-term 
               viability of the program and impact on the Exchange.  A 
               sunset of the program could accompany the evaluation to 
               give policymakers an opportunity to revisit the utility of 
               the BHP.

             b)   Is MRMIB the best entity to administer the BHP?  While 
               MRMIB has demonstrated many accomplishments establishing 
               and operating health coverage programs, there are 
               potentially greater advantages to locating the BHP at 
               either DHCS or the Exchange.  At present, there is 
               uncertainty about the future of the HFP.  A recent proposal 
               by the Governor would have transferred HFP to Medi-Cal to 








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               be operated as a Medi-Cal expansion.  In addition federal 
               authorization of CHIP is time limited.  There may be 
               advantages in leveraging purchasing power of the Medi-Cal 
               program or selective contracting of the Exchange that 
               should be taken into consideration.

             c)   Is there urgency to making a policy decision about the 
               BHP at this time?  Federal rules are expected on the BHP 
               this fall which may help California evaluate with more 
               confidence the tradeoffs associated with implementing a 
               BHP. 

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          Local Health Plans of California (sponsor)
          California Association of Health Insuring Organizations
          California Association of Public Hospitals and Health Systems
          California Chiropractic Association
          Congress of California Seniors
          Disability Rights Legal Center
          Molina Healthcare of California
          Planned Parenthood Affiliates of California
          Santa Clara County
           
          Opposition 
           
          American Federation of State, County and Municipal Employees, 
          AFL-CIO
          California Right to Life Committee, Inc.
          Orange County Board of Supervisors

           Analysis Prepared by  :    Teri Boughton / HEALTH / (916) 319-2097