BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 751|
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                                 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  :

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          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 

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             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

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          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 

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          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 

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          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 

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          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

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