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 
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            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 




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            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 




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               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 




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            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 




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            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 




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                 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.
          
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