BILL ANALYSIS Ó SENATE COMMITTEE ON HEALTH Senator Ed Hernandez, O.D., Chair BILL NO: SB 951 AUTHOR: Hernandez AMENDED: March 26, 2012 HEARING DATE: April 11, 2012 CONSULTANT: Trueworthy SUBJECT : Health care coverage: essential health benefits. SUMMARY : Designates the Kaiser Small Group HMO as California's benchmark plan to serve as the essential health benefit (EHB) standard, as required by federal health care reform. Existing federal law: 1.Requires, under the federal Patient Protection and Affordable Care Act (ACA), health plans and health insurers that offer coverage in the small group or individual market to ensure that coverage includes the EHB package. 2.Requires each state, by January 1, 2014, to establish an American Health Benefit Exchange that facilitates the purchase of qualified health plans by qualified individuals and qualified small employers. Existing state law: 1.Establishes the Department of Managed Health Care (DMHC) to license and regulate health care service plans (health plans) and establishes the Department of Insurance to provide for the regulation of health insurers. 2.Requires health plan contracts and health insurance policies to cover various benefits. 3.Establishes the California Health Benefit Exchange (Exchange) to facilitate the purchase of qualified health plans by qualified individuals and qualified small employers by January 1, 2014. This bill: 1.Requires individual and small group health plans and health insurance policy contracts, both inside and outside of the Exchange, to cover EHBs, as defined. 2.Defines EHBs as the benefits and services covered by Kaiser Continued--- SB 951 | Page 2 Small Group HMO, including the categories identified in the ACA. 3.Requires the services and benefits to be covered to the extent they are medically necessary, and prohibits the scope and duration limits from exceeding the scope and duration limits imposed on those services by the plan contract. 4.Requires habilitative services to be provided for the same services as the plan contract provides for rehabilitative services and under the same terms and conditions of the plan contract for rehabilitative services. 5.Requires the same services and benefits for pediatric oral care as provided by a specified federal plan to be provided as an EHB. 6.Prohibits plans from indicating or implying a contract or policy meets the EHB standard unless it covers EHBs, as defined. 7.Exempts self-insured group health plans, large group market health plans, or grandfathered health plans. FISCAL EFFECT : This bill has not been analyzed by a fiscal committee. COMMENTS : 1.Author's statement. Keeping in mind federal guidance issued to date and federal health care reform, SB 951 uses the following principles to guide the selection of California's benchmark EHB: recognize the importance of existing state-mandated benefits and incorporate as many state mandates as possible; protect California's commitment to reproductive services; embrace the consumer-oriented regulatory framework in place at the DMHC; and maintain affordability for consumers. Using these principles and through a process of comparison, SB 951 designates the Kaiser Small Group HMO to serve as the state's benchmark plan. 2.Background. Effective January 1, 2014, federal law requires Medicaid benchmark and benchmark-equivalent plans, plans sold through the Exchange and the Basic Health Program (if enacted), and health plans and health insurers providing coverage to individuals and small employers to ensure coverage of EHBs, as defined by the Secretary of the SB 951 | Page 3 Department of Health and Human Services (HHS). HHS is required to ensure that the scope of EHBs is equal to the scope of benefits provided under a typical employer plan, as determined by the Secretary. Under federal law, EHBs must include 10 general categories and the items and services covered within the following categories: § 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 and chronic disease management. § Pediatric services, including oral and vision care. 1.EHB Bulletin. On December 16, 2011, the HHS Center for Consumer Information and Insurance Oversight released an EHB Bulletin proposing that EHBs be defined using a benchmark approach. This gives states the flexibility to select a benchmark plan that reflects the scope of services offered by a "typical employer plan." If a state does not choose a benchmark health plan, the default benchmark plan for the state would be the largest plan by enrollment in the largest product in the small group market. EHBs must include coverage of services and items in all 10 statutory categories listed above, but states would choose one of the following benchmark health insurance plans: § One of the three largest small group plans in the state by enrollment-in California, these options are Anthem PPO licensed by CDI, Kaiser HMO licensed by DMHC, or Anthem PPO licensed by DMHC; § One of the three largest state employee health plans by enrollment-in California, these options are CalPERS Blue Shield Basic HMO, CalPERS Choice, or CalPERS Kaiser HMO; § One of the three largest federal employee health plan options by enrollment, which are Government Employee Health Association, Blue Cross and Blue Shield (BCBS) Basic, or SB 951 | Page 4 BCBS Standard; or § The largest HMO plan offered in the state's commercial market by enrollment, which is the Kaiser Large Group Commercial HMO. 1.Frequently Asked Questions for Essential Health Benefits bulletin. HHS issued a Frequently Asked Questions for Essential Health Benefits bulletin to provide additional guidance on HHS's intended approach in defining EHB. The bulletin outlines three categories of benefits not included in many of the health insurance plans - 1) pediatric oral services; 2) pediatric vision services; and 3) habilitative services. The bulletin describes rules to ensure coverage of these categories, and SB 951 implements these rules related to pediatric oral services and habilitative services. Specifically, SB 951 requires a plan to cover pediatric oral services at par with the largest federal plan by enrollment, the federal BCBS Standard Option Service Benefit Plan. The bill also requires habilitative services to be covered at parity with rehabilitative services provided by the Kaiser Small Group HMO. 2.Milliman analysis. In January 2012, the Exchange retained consulting firm, Milliman, to analyze and compare the health services covered by the 10 EHB California benchmark plan options. Milliman found all the plans to be comprehensive and found there to be only a very small cost difference between the optional plans. 3.Related legislation. SB 961 (Hernandez) would require a health plan contract to comply with federal requirements in the individual market. SB 961 is pending before the Senate Health Committee. SB 1321 (Harman) would require the Exchange to select the plan with the lowest EHB cost to be the set benchmark for the definition of EHBs. SB 1321 is pending before the Senate Health Committee. AB 1453 (Monning) would select the Kaiser Small Group HMO as California's benchmark plan to serve as the EHB standard, as required by federal law. AB 1453 is pending before the Assembly Health Committee. AB 1461 (Monning) would require a health plan contract to comply with federal requirements in the individual market. AB SB 951 | Page 5 1461 is pending before the Assembly Health Committee. 4. Prior legislation. SB 51 (Alquist), Chapter 644, Statutes of 2011, establishes enforcement authority in California law to implement provisions of the ACA related to medical loss ratio requirements on health plans and health insurers and enacts prohibitions on annual and lifetime benefits. SB 900 (Alquist), Chapter 659, Statutes of 2010, and AB 1602 (Perez), Chapter 655, Statutes of 2010, established the California Health Benefit Exchange. 5.Support. The California Psychiatric Association supports the inclusion of all significant diagnoses in the Diagnostic and Statiscal Manual of the American Psychiatric Association within the EHBs. The California Association for Behavioral Analysis writes in support of SB 951 stating that it makes clear, consistent with the requirements of state and federal law, that applied behavior analysis for autism is a covered benefit in the benchmark benefit package. The California Speech-Language Hearing Association writes in support of the bill including speech therapy and other habilitative services. 6.Support with concern. The Council of Acupuncture and Oriental Medicine Association write they are pleased to see SB 951 recognize acupuncture as an EHB, but they are concerned SB 951 will only apply to acupuncture for treatment of pain and nausea. Western Center on Law and Poverty supports the approach of SB 951 selecting a Knox-Keene licensed plan to serve as the state's EHB benchmark standard. However, they are requesting an amendment to explicitly say plans cannot substitute coverage of services even if such substitutions are actuarially equivalent. Western Center on Law and Poverty also writes they want to ensure that the Kaiser Small Group HMO plan is not the basis for structuring cost-sharing models for individual and small group markets. Health Access writes they strongly support the requirement for an EHB standard and supports the selection of a Knox-Keene plan. However, Health Access is concerned SB 951 does not include the necessary statutory underpinning to assure consumers regulated under the Insurance Code have the same benefits as those with coverage regulated under the SB 951 | Page 6 Knox-Keene Act. Health Access is seeking an amendment to ensure the bill as drafted is not construed to put the burden on the consumer to demonstrate that care is medically necessary. 7.Selection of EHB benchmark plan. Federal guidance states that if a state selects a benchmark plan that does not include all state-mandated benefits, the state must pay the costs of those mandated benefits. Given the impact this could have on the state's budget it is appropriate for the Legislature to select the benchmark plan. Further, given that the EHB benchmark plan impacts plans outside of the Exchange, it is reasonable for the Legislature to select to the benchmark plan. The Kaiser Small Group HMO includes all state mandates which will protect the state budget and many of the items and services are covered within the 10 required categories requiring very few supplements from different plans. Further, according to a recent data analysis complied by Milliman, "the range in estimated plan costs due to the chosen EHB benchmark is about 2.36% (101.87% to 104.23%)." Given this very small difference, cost does not appear to be an influential factor. 8.Amendments to be taken in Committee. a. Listing of benefits. The listing of certain benefits and services covered by the Kaiser Small Group HMO and not all of the benefits and services covered by this plan is confusing and unnecessary. To eliminate confusion, the author has agreed to strike out Page 3, Lines 34 - 40 and Page 4, Lines 1-6. b. Mandated benefits. The PPACA requires states to defray the costs of state-mandated benefits and requires any state-mandated benefit enacted by December 31, 2011, to be a part of the EHB. To provide clarity, the author has agreed to insert on Page 4, after Line 6: "Mandated benefits pursuant to statutes enacted by the Governor before December 31, 2011." c. Pediatric oral and vision care. SB 951 supplements pediatric oral care with the federal BCBS Standard Option Service Benefit Plan. However, this is not the benchmark SB 951 | Page 7 plan option provided by the federal guidance to use as a supplemental plan. SB 951 is silent on vision care which can be supplemented by the same plan. The author has agreed to strike out on Page 4, Lines 19-22: "federal Blue Cross and Blue Shield Standard Option Service Benefit Plan available to enrollees through the Federal Employees Health Benefit Plan (FEHB) as of December 31, 2011." and insert: "Federal Employees Dental and Vision Insurance Program with the largest national enrollment as of the first quarter of 2012." SUPPORT AND OPPOSITION : Support: California Academy of Child and Adolescent Psychiatry California Association for Behavioral Analysis California Psychiatric Association California Speech-Language Hearing Association Council of Acupuncture and Oriental Medicine Associations (with concerns) Health Access (with amendments) Planned Parenthood Affiliates of California Western Center on Law & Poverty Oppose: None received. -- END --