BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de Le�n, Chair


          AB X1 2 (Pan) - Health care coverage.
          
          Amended: April 1, 2013          Policy Vote: Health 8-1
          Urgency: No                     Mandate: No
          Hearing Date: April 15, 2013                            
          Consultant: Brendan McCarthy    
          
          This bill meets the criteria for referral to the Suspense File.
          
          
          Bill Summary: AB X1 2 would make several changes to the  
          individual market for health care coverage. In particular, the  
          bill would require the guaranteed issue of coverage and prohibit  
          the use of preexisting conditions as a means of setting rates.  
          This bill applies those changes only to the Insurance Code.

          The bill would also make several changes to the recently enacted  
          reforms to the small group market for health care coverage, to  
          conform to recent federal policies or to the policies proposed  
          in this bill for the individual market.

          Fiscal Impact: One-time costs of about $600,000 to the  
          Department of Insurance to adopt regulations and review health  
          policy filings (Insurance Fund). 

          Background: Beginning in 2014, under the federal Patient  
          Protection and Affordable Care Act (Affordable Care Act), health  
          plans and health insurers that offer coverage in the individual  
          market are required to accept every employer or individual that  
          wishes to purchase coverage and to renew coverage at the  
          individual or employer's request. The Affordable Care Act  
          prohibits health plans or insurers from imposing any exclusion  
          of coverage based on a preexisting condition. Federal law also  
          limits the "rating factors" used to determine the price of a  
          health plan or insurance policy to a narrow list of factors,  
          including age, geographic region, family size, and tobacco use.

          Federal law exempts plans in effect on March 23, 2010  
          ("grandfathered plans") from these requirements, as long as no  
          changes are made to those plans.

          Proposed Law: AB X1 2 would make several changes to state law  








          AB X1 2 (Pan)
          Page 1


          governing the individual market for health insurance policies to  
          conform to federal requirements of the Affordable Care Act. The  
          bill would also make certain policy changes to state law  
          governing health insurance, as allowed by the Affordable Care  
          Act.

          Provisions conforming California law relating to the individual  
          market to federal law include:
              Prohibiting insurance policies from imposing preexisting  
              condition exclusions.
              Requiring the guaranteed issue of coverage.
              Requiring insurers to offer for sale all plans sold in the  
              individual market to all individuals in the insurer's  
              service area.
              Prohibiting insurers, agents or brokers from encouraging or  
              directing individuals to or away from certain products due  
              to health status or other factors.
              Allowing insurers to only use age, geographic region, and  
              family size as rating factors when setting rates for  
              individual policies. 

          Provisions implementing policy choices regarding the individual  
          market available to the state include:
              Exempting grandfathered plans from the changes made in the  
              bill.
              Excluding tobacco use as a rating factor.
              Requiring insurers to use open enrollment periods (October  
              15th to December 7th) that align with those to be used in  
              the California Health Benefit Exchange.
              Establishing 19 rating regions for the individual market  
              (the same rating regions that were adopted for the small  
              group market in SB 1083 of 2012).
              Requiring the Department of Managed Health Care, the  
              Department of Insurance, the California Health Benefit  
              Exchange to report to the Legislature by June 1, 2017 on the  
              impact of the rating regions established in the bill.
              Establishing a "tie-back" provision to the federal  
              Affordable Care Act. Under this provision, if the federal  
              individual mandate to maintain health care coverage is  
              repealed or amended, provisions of the bill requiring  
              guaranteed issue, prohibition of preexisting condition  
              exclusions, community rating, and rating factors would be  
              inactive within 12 months.









          AB X1 2 (Pan)
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          Provisions of the bill modifying existing state law governing  
          the small group market (AB 1083, Monning, Statutes of 2012)  
          include:
              Conforming open enrollment periods to federal requirements  
              (October 15th to December 7th).
              Deleting provisions of AB 1083 that made guaranteed issue  
              and community rating requirements contingent on the  
              continued operation of those provisions in the federal  
              Affordable Care Act.

          Enactment of this bill is contingent on the enactment of SB X1 2  
          (Hernandez).


          Related Legislation: 
              AB 1083 (Monning, Statutes of 2012) made changes to the  
              regulation of the small group health care coverage market,  
              in conformity with the Affordable Care Act.
              SB 961 (Hernandez, 2012) and AB 1461 (Monning, 2012) would  
              have enacted reforms to the individual market (substantially  
              similar to this bill). Those bills were vetoed by Governor  
              Brown, because of concern that the bills were not  
              sufficiently contingent on the continued operation of the  
              federal Affordable Care Act.
              SB X1 2 (Hernandez) makes changes to the Health and Safety  
              Code regulating health plans substantially similar to the  
              changes made in this bill. That bill is in the Assembly  
              Health Committee.

          Staff Comments: As noted above, this bill is substantially  
          similar to SB 961and AB 1461 from last session. Differences  
          between this bill and those bills include provisions (such as  
          open enrollment dates) that have been changed to reflect recent  
          federal guidance.