BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 751| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 751 Author: Gaines (R), et al Amended: 5/11/11 Vote: 21 SENATE HEALTH COMMITTEE : 9-0, 5/4/11 AYES: Hernandez, Strickland, Alquist, Anderson, Blakeslee, De León, DeSaulnier, Rubio, Wolk SUBJECT : Health care coverage: provider contracts SOURCE : Author DIGEST : This bill prohibits a contract by or on behalf of a licensed health care facility, as defined, and a health care service plan (health plan) or health insurer from containing a provision that restricts the ability of the health plan or insurer to furnish information to enrollees and insureds on the cost range of procedures at the hospital or facility or the quality of services performed by the hospital or facility. This bill states that the cost range of a procedure shall not include procedures for enrollees covered by capitated payments in a contract between a health plan and a licensed hospital or a licensed health care facility owned by a licensed hospital. ANALYSIS : Existing law : CONTINUED SB 751 Page 2 1. Provides for the licensure and regulation of health plans and insurers by the Department of Managed Health Care (DMHC) and the California Department of Insurance (CDI), respectively. 2. Requires hospitals to make a written or electronic copy of its charge description master (a list of prices for services) available, either by posting an electronic copy on the hospital's website, or by making a written or electronic copy available at the hospital. 3. Requires hospitals to submit their average charges for 25 common outpatient procedures, as specified, annually to the Office of Statewide Health Planning and Development (OSHPD), who is required to publish this information on its website. 4. Requires OSHPD to publish and update on its website, a list of the 25 inpatient procedures most commonly performed in California hospitals, along with each hospital's average charges for those procedures. 5. Defines "licensed hospital" as an institution, place, building, or agency that maintains and operates organized facilities for one or more persons for the diagnosis, care, and treatment of human illnesses to which persons may be admitted for overnight stay, including any institution classified under regulations issued by the State Department of Public Health (DPH) as a general or specialized hospital, as a maternity hospital, or as a tuberculosis hospital, but does not include a sanitarium, rest home, a nursing or convalescent home, a maternity home, or an institution for treating alcoholics. This bill: 1. Prohibits a contract issued, amended, renewed or delivered on or after January 1, 2012, by or on behalf of a health plan or insurer and a licensed hospital, or any other licensed health care facility owned by a licensed hospital, to provide inpatient hospital services or ambulatory care services, from containing a provision that restricts the ability of the plan or CONTINUED SB 751 Page 3 insurer to furnish information to subscribers or enrollees concerning the cost range of procedures or the quality of services performed by the hospital or facility. 2. Makes any contractual provision that is inconsistent with this bill void and unenforceable. 3. Defines "licensed hospital," consistent with existing law. 4. States that a health care service plan shall, at a minimum, on an annual basis, provide the hospital or facility a reasonable opportunity to review and validate data provided to subscribers or enrollees. 5. States that if the information proposed to be furnished to enrollees and subscribers on the quality of services performed by a hospital or facility is data that the plan has developed and compiled, the plan shall utilize appropriate risk adjustment factors to account for different characteristics of the population, such as case mix, severity of patient's condition, comorbidities, outlier episodes, and other factors to account for differences in the use of health care resources among hospitals and facilities. 6. States that the cost range of a procedure shall not include procedures for enrollees covered by capitated payments in a contract between a health plan and a licensed hospital or a licensed health care facility owned by a licensed hospital. 7. Prohibits specified fines and penalties, established in existing law, from applying to the provisions in this bill. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 5/11/11) Aetna, Inc. America's Health Insurance Plans CONTINUED SB 751 Page 4 Association of California Life and Health Insurance Companies Blue Shield of California California Association of Health Plans California Association of Health Underwriters California Association of Joint Powers Authorities California Retailers Association California School Employees Association Pacific Business Group on Health Service Employees International Union OPPOSITION : (Verified 5/11/11) California Healthcare West California Hospital Association Sharp HealthCare University of California ARGUMENTS IN SUPPORT : Blue Shield states that people routinely receive quality and cost data on a variety of goods and services they purchase, yet that is not the case with something as important as the health care someone receives. Blue Shield argues that this bill makes a modest step in the right direction towards unlocking the mystery behind rising hospital costs, which represents one of the biggest cost drivers in the system. The California Association of Health Plans (CAHP) concurs, stating that there is a growing recognition at the state and federal level that the only way to control health care costs is to focus on the costs and quality of medical services. CAHP points out that rising hospital costs have contributed to rising premiums, and that hospitals have shortfalls in funding for services provided to the uninsured and government programs. However, that should not mean that insured patients should be barred from receiving cost and quality information. Service Employees International Union (SEIU) asserts that SEIU members and California consumers are increasingly being required to pay more for health care as costs continue to increase. SEIU states that as members are forced to shoulder the burden of higher co-pays and deductibles, it is critical that they be personally armed CONTINUED SB 751 Page 5 with data and tools to make informed decisions about the costs of the services they are receiving and the quality of those services. The California Retailers Association supports this bill and states that when deciding which products and services to buy, most consumers base their decisions on price and quality. Health care should be no different, and in fact, transparency rises to an even more important level for consumers making what can literally become life-changing health care decisions. ARGUMENTS IN OPPOSITION : The University of California (UC) states that, while UC endorses the concept of transparency, it believes that the bill as written will result in consumers receiving misleading information that will not assist them in making informed choices about their medical care. UC argues that a robust risk-adjustment methodology is necessary to enable meaningful comparisons across hospitals and providers that have a very different mix of services and roles in the community. For example, the cost and quality of complex second and third hip replacements performed at an academic medical center should not be compared to a simple first-time hip replacement that is commonly performed in community hospitals. Although UC contracts do not contain confidentiality clauses, UC believes that quality and cost information should be risk-adjusted or "normalized" to ensure that consumers can make apples-to-apples comparisons of services across hospitals. Catholic Healthcare West (CHW) states that hospitals support providing meaningful, accurate and reliable information to consumers. However, without appropriate standards on how that information is provided, insurance companies could potentially provide patients with information that is wrong or misleading. Although most insurance companies already choose to provide bundled cost information for an episode of care, as recommended in the aforementioned 2008 CHCF report, this bill does not make this best practice mandatory, thereby allowing an insurance company the option to selectively post disaggregated information that may be misleading. CHW argues that insurers should be required to provide consumers with data CONTINUED SB 751 Page 6 that provides an accurate comparison and tells the whole story. The California Hospital Association (CHA) concurs with CHW's assertions, and points out that many hospitals report that health plans frequently post false information on their websites regarding hospital costs and quality. If hospitals are to be prohibited from addressing this common problem contractually, insurers should be required to use a scientifically valid and unbiased methodology that applies to all hospitals, instead of allowing this to be negotiated on a contract-by-contract basis. CHA argues that consumers and hospitals should not be placed in the position of having to trust that the insurance company's rating methodology is accurate and unbiased, and that providers who are being rated should be given an opportunity to review and make corrections to inaccurate data prior to the distribution of ratings. Furthermore, CHA states that presentation of hospital costs should properly address capitation and that exclusion of capitation rates in price information can materially skew the results. Sharp HealthCare opposes this bill and writes, "SB7 51 lacks clarity on how insurers will calculate and appropriately display cost of care by providers who are paid under a capitated payment methodology. Capitation is currently excluded from the bill, meaning that it is possible this care option is not represented at all. Should insurers choose to go ahead and display capitated cost information, it is not clear how they will calculate and treat these products in the disclosure. SB 751 should be amended to ensure that consumers have relevant information and that providers who are providing capitated products are fairly presented in any disclosure. Additionally at a minimum we believe that consumer should be given meaningful cost information while also preserving the confidentiality and competitive nature of the negotiated rates under which the current insurance model operates. Consumers want to know what their out- of-pocket costs and co-pays are for an entire episode of care. As drafted this bill would allow disaggregation of the various components of that episode of care. Both the California HealthCare Foundation and National Quality Forum agree that CONTINUED SB 751 Page 7 all expenses associated with an episode of care be bundled or combined in order to be meaningful for the consumer and to prevent the disclosure of any single expense. CTW:do 5/16/11 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED