BILL ANALYSIS                                                                                                                                                                                                    �



                                                                            



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                                    THIRD READING


          Bill No:  AB 2X1
          Author:   Pan (D)
          Amended:  4/1/13 in Senate
          Vote:     21

           
          SENATE HEALTH COMMITTEE  :  8-1, 4/10/13
          AYES:  Hernandez, Anderson, Beall, De Le�n, DeSaulnier, Monning,  
            Pavley, Wolk
          NOES:  Nielsen

           SENATE APPROPRIATIONS COMMITTEE  :  7-0, 4/15/13
          AYES:  De Le�n, Walters, Gaines, Hill, Lara, Padilla, Steinberg

           ASSEMBLY FLOOR  :  53-25, 2/28/13 - See last page for vote


           SUBJECT  :    Health care coverage

           SOURCE  :     Author


           DIGEST  :    This bill reforms Californias individual market in  
          accordance with the federal Patient Protection and Affordable  
          Care Act (ACA) and applies its provisions to insurers regulated  
          by the Department of Insurance (DOI) in the individual market;  
          requires guaranteed issue of individual market health insurance  
          policies; prohibits the use of preexisting condition exclusions;  
          establishes open and special enrollment periods consistent with  
          the California Health Benefit Exchange (Covered California);  
          prohibits conditioning issuance or offering based on specified  
          rating factors; prohibits specified marketing and solicitation  
          practices consistent with small group requirements; requires  
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          guaranteed renewability of plans; and permits rating factors  
          based on age, geographic region and family size only.  Makes  
          conforming changes to California's small group law enacted in
          AB 1083 (Monning, Chapter 852, Statutes of 2012).

           ANALYSIS  :    

          Existing federal law:

          1. Establishes the ACA, which imposes various requirements on  
             states, issuers, employers, and individuals regarding health  
             care coverage.

          2. Requires each health insurance issuer that offers coverage in  
             the individual or group market to accept every employer and  
             individual that applies for that coverage and to renew that  
             coverage at the option of the employer or the individual.  
             This is known as guaranteed issue and guaranteed  
             renewability.

          3. Prohibits a group health plan and a health insurance issuer  
             offering group or individual health insurance coverage from  
             imposing any preexisting condition exclusion with respect to  
             that plan or coverage.

          4. Allows the premium rate charged by a health insurance issuer  
             offering small group or individual coverage to vary only as  
             specified, and prohibits discrimination against individuals  
             based on health status. 

          5. Defines "grandfathered plan" as any group or individual  
             health insurance product that was in effect on March 23,  
             2010.

          Existing state law:

          1. Provides for regulation of health insurers by DOI under the  
             Insurance Code and provides for the regulation of health  
             plans by the Department of Managed Health Care (DMHC)  
             pursuant to the Knox-Keene Health Care Service Plan Act of  
             1975, collectively referred to as insurers.  This bill  
             applies to insurers regulated by DOI. 

          2. Establishes Covered California, to facilitate the purchase of  

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             Qualified Health Plans (QHPs) through Covered California by  
             qualified individuals and qualified small employers by  
             January 1, 2014.

          3. Requires, as a condition of participation in Covered  
             California, insurers that sell any products outside Covered  
             California to fairly and affirmatively offer, market, and  
             sell all products made available in Covered California to  
             individuals and small employers purchasing coverage outside  
             of Covered California.

          4. Requires health plans to fairly and affirmatively offer,  
             market, and sell health coverage to small employers, known as  
             "guaranteed issue."  

          5. Defines a preexisting condition provision as a contract  
             provision that excludes coverage for charges or expenses  
             incurred during a specified period following the employee's  
             effective date of coverage, as a condition for which medical  
             advice, diagnosis, care, or treatment was recommended or  
             received during a specified period immediately preceding the  
             effective date of coverage.

          6. Prohibits a plan contract for group coverage from imposing  
             any preexisting condition provision upon any child under 19  
             years of age.

          7. Prohibits a plan contract for individual coverage that is not  
             a grandfathered health plan, as defined by the ACA, from  
             imposing any preexisting condition provision upon any  
             children under 19 years of age.

          8. Prohibits, with respect to the individual market coverage for  
             children, except to the extent permitted by federal law,  
             insurers from conditioning the issuance or offering of  
             individual coverage on certain factors.

          9. Defines a "rating period."

          10.Establishes risk categories for rating purposes in the small  
             group market and specifies age categories, family size  
             categories, and up to nine geographic regions, as determined  
             by the insurers. 


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          11.Prohibits a plan in the small group market from, directly or  
             indirectly, entering into any contract, agreement, or  
             arrangement with a solicitor that provides for or results in  
             the compensation paid to a solicitor for the sale of a health  
             plan contract to be varied because of the health status,  
             claims experience, industry, occupation, or geographic  
             location of the small employer. 

          12.Prohibits a policy or contract that covers two or more  
             employees from establishing rules for eligibility, including  
             continued eligibility of an individual or dependent of an  
             individual, to enroll under the terms of the plan based on  
             health status-related factors, as defined.

           Specifics of AB 2X1  

          This bill:

          1. Prohibits an insurer (except grandfathered plans, as  
             specified) from imposing any preexisting condition provision  
             upon any individual.

          2. Requires guaranteed issue of individual market health  
             insurance policies.

          3. Requires insurers to fairly and affirmatively offer, market,  
             and sell all of the insurer's health benefit plans that are  
             sold in the individual market to all individuals in each  
             service area in which the insurer provides or arranges for  
             the provision of health care services.

          4. Requires an insurer to provide an initial open enrollment  
             period from October 1, 2013, to March 31, 2014, inclusive,  
             and after January 1, 2015, annual enrollment periods from  
             October 15 to December 7, inclusive of the preceding calendar  
             year.


          5. Requires insurers to set premium rates based only on the  
             following:


             A.    Age, using age bands established by the Secretary of  
                Health and Human Services (HHS) and the age-rating curve  

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                established by the Centers for Medicare & Medicaid  
                Services;


             B.    Geographic region as described in #23 below; and 

             C.    Whether the contract covers an individual or family, as  
                defined in the ACA.


          6. Requires an insurer to allow an individual to enroll in or  
             change individual health benefit plans as a result of the  
             following triggering events:


             A.    Loses minimum essential coverage (MEC), as defined in  
                the Internal Revenue Code, as specified. Loss of MEC does  
                not include loss of that coverage due to the individual's  
                failure to pay premiums on a timely basis, or situations  
                allowing for a rescission;


             B.    Gains a dependent or becomes a dependent through  
                marriage, birth, adoption, or placement for adoption;


             C.    Becomes a resident of California;


             D.    Released from incarceration;


             E.    Health benefit plan substantially violated a material  
                provision of the contract;


             F.    Gains access to a new health benefit plan as a result  
                of a move; or

             G.    Meets any of the requirements listed in federal  
                regulations, as specified, with respect to individual  
                health benefit plans offered through Covered California.

          7. Establishes, for special enrollment effective dates, coverage  

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             to be effective no later than the first day of the first  
             calendar month beginning after the date the plan receives the  
             request, except in the case of birth, adoption, or placement  
             for adoption, which is the effective date of the birth,  
             adoption, or placement for adoption.

          8. Requires an individual, with respect to plans offered inside  
             or outside Covered California, to have 60 days from the date  
             of a triggering event identified above to apply for coverage.  


          9. Requires an insurer, with respect to individual health plans  
             offered outside Covered California, after an individual  
             submits a completed application form for a plan, to notify  
             the individual of the individual's actual premium charges for  
             that plan within 30 days.  Requires the individual to have 30  
             days in which to exercise the right to buy coverage at the  
             quoted premium charges.


          10.Prohibits an insurer from conditioning the issuance or  
             offering of an individual health benefit plan on any of the  
             following factors:


             A.    Health status;


             B.    Medical condition, including physical and mental  
                illness;


             C.    Claims experience;


             D.    Receipt of health care;


             E.    Medical history;


             F.    Genetic information;



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             G.    Evidence of insurability, including conditions arising  
                out of acts of domestic violence;


             H.    Disability; and

             I.    Any other health status-related factor as determined by  
                federal regulations, rules, or guidance.

          11.Requires an insurer to consider the claims experience of all  
             insured in its non-grandfathered individual health benefit  
             plans to be part of a single-risk pool and to consider the  
             claims experience of all insured in non-grandfathered small  
             employer health benefit plans to be part of another  
             single-risk pool.  Student health coverage is exempt from the  
             risk-pool requirements. 

          12.Requires all individual health plans to conform to specified  
             requirements, and to be renewable at the option of the  
             enrollee except as permitted to be canceled, rescinded, or  
             not renewed, as specified.  Requires any plan that ceases to  
             offer for sale new individual health benefit plans, as  
             specified, to continue to be governed by specified law with  
             respect to business conducted under the specified law.


          13.Permits an insurer to vary premium rates for a particular  
             plan from its index rate based only on the following  
             actuarially justified plan-specific factors:


             A.    The actuarial value and cost-sharing design of the  
                health benefit plan;


             B.    The health benefit plan's provider network, delivery  
                system characteristics, and utilization management  
                practices; 


             C.    The benefits provided by the insurer that are in  
                addition to the essential health benefits (EHB). These  
                additional benefits are required to be pooled with  
                similar benefits within a single-risk pool and the  

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                claims experience from those benefits to be utilized to  
                determine rate variations for plans that offer those  
                benefits in addition to EHB; and

             D.    With respect to catastrophic plans, the expected  
                impact of the specific eligibility categories for those  
                plans.

          14.Modifies the exceptions from the guaranteed issue requirement  
             in existing small group law and the manner in which an  
             insurer determines premium rates for a small employer health  
             benefit plan, as specified.

          Non-conforming provisions:

          15.Repeals existing law that would have required the rate for  
             any child to be identical to the standard-risk rate.  

          16.Sunsets existing law, on December 31, 2013, related to rating  
             categories for child coverage.

          17.Exempts grandfathered plans from the ACA requirements as  
             allowed under federal law.

          18.Modifies the small employer special enrollment periods and  
             coverage-effective dates for purposes of consistency with the  
             draft federal rules. 


          19.Adds the following triggering events that will require a plan  
             or insurer to allow an individual to enroll in or change  
             individual health benefit plans, as a result of the  
             following:


             A.    Receiving services from a contracting provider and  
                that provider is no longer participating in the health  
                benefit plan;


             B.    Demonstrates that they did not enroll during the  
                available enrollment period because they were  
                misinformed about MEC; or


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             C.    Being a member of the reserve forces of the United  
                States military returning from active duty or a member  
                of the California National Guard returning from active  
                duty service.


          20.Prohibits an insurer, solicitor, agent or broker from,  
             directly or indirectly, engaging in the following activities:


             A.    Encouraging or directing an individual to refrain  
                from filing an application for individual coverage with  
                a plan because of the health status, claims experience,  
                industry, occupation, or geographic location, provided  
                that the location is within the plan's approved service  
                area; and

             B.    Encouraging or directing an individual to seek  
                individual coverage from another plan or health insurer  
                or Covered California because of the health status,  
                claims experience, industry, occupation, or geographic  
                location, provided that the location is within the  
                plan's approved services area.

          21.Prohibits an insurer, from directly or indirectly, entering  
             into contracts, agreement, or arrangement with a solicitor,  
             agent or broker that provides for or results in the  
             compensation paid to a solicitor for the sale of an  
             individual health benefit plan to be varied because of health  
             status, claims experience, industry, occupation, or  
             geographic location of the individual.  Does not apply to a  
             compensation arrangement that provides compensation to a  
             solicitor, agent or broker on the basis of percentage of  
             premium, provided that the percentage cannot vary because of  
             the health status, claims experience, industry, occupation,  
             or geographic area.

          22.Prohibits tobacco use from being a rating factor.


          23.Establishes 19 rating regions, which were approved by the  
             Center for Consumer Information and Insurance Oversight on  
             April 1, 2013.


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          24.Requires, by June 1, 2017, DMHC, Covered California and DOI,  
             to review the geographic rating regions and the impacts of  
             those regions on the health care coverage market in  
             California, and submit a report to the appropriate policy  
             committees of the Legislature.

          25.Requires insurers to provide specified information regarding  
             Covered California to applicants for products offered outside  
             Covered California.

          26.Prohibits insurers from advertising or marketing an  
             individual grandfathered health plan for the purpose of  
             enrolling a dependent of the subscriber or policyholder in  
             the plan. 

          27.Requires insurers to annually issue a specified notice to  
             those enrolled in a grandfathered plan about the availability  
             of other health insurance options. 

          28.Prohibits an insurer from requiring an individual applicant  
             or his or her dependent to fill out a health assessment or  
             medical questionnaire prior to enrollment.  Prohibits an  
             insurer from acquiring or requesting information that relates  
             to a health status-related factor from the applicant or  
             his/her dependent or any other source prior to enrollment.

          29.Requires any data submitted by insurers to the United States  
             HHS Secretary for purposes of the risk adjustment program  
             required under the ACA to also be submitted to DOI.  Allows  
             DOI to use this information to monitor federal implementation  
             of risk adjustment.

          30.Authorizes an insurer to meet the current summary-benefit  
             disclosure requirements by providing the uniform summary of  
             benefits required by the ACA.  Requires this information to  
             be submitted to DOI.

          31.Requires the provisions of this bill to only be implemented  
             to the extent that it meets or exceeds the requirements set  
             forth in the ACA.


          32.Repeals 12 months after the repeal of the federal individual  

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             mandate the following individual market provisions:


             A.    Guarantee Issue;


             B.    Prohibition on preexisting conditions;


             C.    Community rating; and,

             D.    Prohibition on eligibility rules based on health  
                status and other factors.


          33.Repeals 12 months after the repeal of federal guaranteed  
             issue and federal community rating provisions the following  
             small group provisions:


             A.    Guaranteed Issue;


             B.    Community rating; and,

             C.    Prohibition on eligibility rules based on health  
                status and other factors.

          34.Authorizes the Insurance Commissioner (IC) to adopt  
             regulations to implement the changes made by this bill  
             pursuant to the Administrative Procedures Act, as specified.   
             Requires the IC to consult with the Director of DMHC prior to  
             adopting any regulations for the purposes of ensuring  
             consistency of regulations.

           BACKGROUND
           
           Individual market  .  California's individual and small group  
          health insurance markets together currently serve just fewer  
          than 15% of the state's population, with approximately two  
          million people being covered through individually purchased  
          health insurance.  In California, three insurers serve over 75%  
          of the market:  Anthem Blue Cross PPO, Blue Shield PPO, and  
          Kaiser HMO.  California's two regulators allow variation in  

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          product design.  Plans under DMHC must provide a defined set of  
          basic health care services, while plans under DOI have more  
          flexibility and may offer slimmer benefits.  DOI-regulated  
          products are far more prevalent in the individual market.

          According to a 2011 report published by the California  
          HealthCare Foundation (CHCF), approximately 2 million  
          Californians are covered through individually purchased health  
          insurance.  About 40% of current individual market purchasers  
          would likely qualify for subsidies and another 18% would be  
          eligible for Medicaid (Medi-Cal in California) if the ACA rules  
          were in effect today.  There are between five and seven million  
          uninsured in the state and 39% (2.7 million) may be eligible for  
          Medi-Cal, half (3.5 million) may be eligible for subsidies to  
          purchase individual insurance, and 11% (800,000) will not likely  
          qualify for subsidies.  More than one million of the uninsured  
          are undocumented immigrants, who will not qualify for subsidies  
          and will be excluded from Covered California. 

          At the time, CHCF found that individual premiums varied by age  
          as much as five-fold, meaning a 60-year old will pay five times  
          what a 25-year old might pay.  However, there is evidence that  
          California's individual market premiums are already closer to  
          the 2014 allowable 3:1 ratio.  For example, 2013 premium rate  
          filings for the Anthem Blue Cross three most popular  
          non-grandfathered product families all have age ratios below  
          3.9.  In addition, 2013 premiums in the state high-risk pool,  
          the Major Risk Medical Insurance Program, which bases rates on  
          insurer filings of premiums for open market individual coverage,  
          have an age ratio for 64-year olds that range from 2.3 - 2.9,  
          depending on the health plan.  In the CHCF report, premiums  
          ranged from $113 to $777 a month.

          Individual market insurance provides less comprehensive  
          coverage, with CHCF reporting that individual coverage paid an  
          average of 55% of medical expenses, compared to 80 to 90% of  
                                                             expenses for group coverage. Purchasers in the individual market  
          pay 100% of their coverage; the market is very price sensitive  
          and purchasers are medically screened by insurers concerned  
          about high-risk consumers buying and keeping coverage. 

           Small group market .  AB 1672 (Margolin and Hansen, Chapter 1128,  
          Statutes of 1992), enacted a number of reforms to the small  
          group market, making health insurance more accessible to small  

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          employers through guaranteed issue and renewability provisions,  
          regulating preexisting conditions limitations, underwriting  
          protections, and disclosure requirements.  Before AB 1672, an  
          insurer would examine an employer's health history and could  
          either increase the premiums significantly or decline the entire  
          group.

          California's small group market has been shaped by guaranteed  
          issue and other protections established in small group reform in  
          1992.  In this market, insurers may impose participation  
          requirements and contribution requirements.  As a result,  
          enrollees in small group coverage typically pay a fraction of  
          their premium. A 2011 CHCF report indicates that 3.4 million or  
          9%, of Californians have health coverage through small group  
          insurance products.  Roughly 67% of small group products are  
          regulated by DMHC, compared to 33 regulated by DOI.  

          The ACA eliminates the pricing of premiums based on health  
          status, limits the range of premiums based on age, adds the  
          self-employed to those eligible for guaranteed issue of  
          coverage, and expands the rules to small group employers with  
          one to 100 employees.  AB 1083 established these reforms in  
          California's small group health insurance market.  This bill  
          updates these reforms to be consistent with federal rules  
          released in November 2012.

           Health Benefit Exchanges  .  The ACA requires each state, by  
          January 1, 2014, to establish an American Health Benefit  
          Exchange that makes QHPs available to qualified individuals and  
          qualified employers or a state may defer to the federal  
          government.  Federal law establishes requirements for the  
          Exchange, for health plans participating in the Exchange, and  
          defines who is eligible to receive coverage in the Exchange.   
          Beginning January 1, 2014, individual taxpayers whose household  
          income equals or exceeds 100%, but does not exceed 400% of the  
          FPL, will receive a refundable tax credit for a percentage of  
          the cost of premiums for coverage under a qualified health plan.  
           The ACA also allows "qualified small employers" to elect a tax  
          credit worth up to 35% of a small business' health insurance  
          premium costs and establishes requirements for a qualifying  
          employer.  The ACA also requires reductions in the maximum  
          limits for out-of-pocket expenses for individuals enrolled in  
          QHPs whose incomes are between 100% and 400% of the FPL.  


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          In 2010, California was the first state to create a state-based  
          exchange, today known as Covered California.  State exchanges  
          are required to certify QHPs, operate a toll-free hotline and  
          Web site, rate QHPs, present plan options in a standard format,  
          inform individuals of the eligibility requirements for Medicaid  
          (Medi-Cal in California) and the Children's Health Insurance  
          Program (Healthy Families in California), provide an electronic  
          calculator to calculate plan costs, and grant certifications of  
          exemption from the individual requirement to have health  
          insurance.   

          According to Covered California's January 2013 annual report,  
          Covered California is currently in the process of choosing  
          health plan offerings and will begin testing the online  
          enrollment portal.  Over the next few months, grants will be  
          awarded to community organizations for public awareness efforts,  
          and assisters will be trained to understand Covered California  
          enrollment offerings.  In November 2012, Covered California  
          released its QHP solicitation and proposed regulations.  Final  
          bids were submitted on March 1, 2013, and Covered California  
          anticipates it will conduct its selection and certification  
          process for QHPs in early to mid-2013 for pre-enrolment on  
          October 1, 2013.

           Individual Mandate  .  The minimum essential coverage provision of  
          the ACA, known as the individual mandate, requires most people  
          to maintain a minimum level of health insurance coverage for  
          themselves and their tax dependents in each month beginning in  
          2014.  The individual mandate can be satisfied by obtaining  
          coverage through employer-sponsored insurance, an individual  
          insurance plan including those to be offered through the new  
          health insurance exchanges, a grandfathered health plan,  
          government-sponsored coverage such as Medicare or Medicaid, or  
          similar federally recognized coverage.  People exempt from the  
          individual mandate include undocumented immigrants, religious  
          objectors, and people who are incarcerated.  There are also  
          income-related carve-outs.  In 2014, people who choose not to  
          buy insurance and do not quality for an exemption from the  
          mandate will have to pay a fine of $95.  The penalty increases  
          to $695 by 2016, and then rises annually based on a  
          pre-determined formula. 

           Final Federal Rule on 2014 Market Rules  .  On February 22, HHS  
          issued a final rule implementing several ACA health insurance  

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          market rules.  Below is a summary of the final rules pertaining  
          to provisions in this bill.

            Guaranteed Availability of Coverage  -As of 2014, issuers  
            cannot decline coverage based on preexisting conditions or any  
            other health factor, and the availability of individual  
            policies will be guaranteed during open enrollment periods, as  
            well as when individuals experience qualifying events, similar  
            to the group market today.  All policies in the group market  
            will be continuously available.


            Insurance Premiums  - Issuers may vary premiums only based on  
            age (within a 3:1 ratio for adults), tobacco use (within a  
            1.5:1 ratio for adults and subject to wellness program  
            requirements in the small group market), family size, and  
            geography.  States can adopt more stringent rating criteria.  


            Guaranteed Renewability  - Individuals' and employers' existing  
            coverage renewal protections while including several  
            additional consumer protections.


            Single-Risk Pools  - Issuers will maintain one statewide risk  
            pool for each of their individual and small employer markets,  
            unless a state chooses to merge the individual and small group  
            pools.


            Geographic Rating Regions  - The November 2012 proposed rule  
            had limited states to no more than seven rating areas based on  
            counties, three-digit zip codes, or metropolitan statistical  
            areas (MSAs) unless HHS permitted a different actuarially  
            justified approach.  The final rule expands state discretion,  
            continuing to require rating areas to be based on counties,  
            three-digit zip codes, or MSAs, but permitting states to use  
            geographic rating areas legally established by January 1,  
            2013, or after January 1, 2013, as long as the number of  
            rating areas does not exceeding the number of MSAs in the  
            state plus one.  States may still establish more geographic  
            rating areas with HHS approval.

            Age Bands  - For all states and markets a single age band for  

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            children 0 to 20, one-year age bands for adults 21 through 64,  
            and a single age band for adults 64 and older.  Age will be  
            determined only once a year, at the time of policy issuance or  
            renewal.  States may adopt their own age-rating curve, but for  
            states that fail to do so, HHS will adopt the default- rating  
            curve found in the proposed rule and a rating factor of .635  
            for children.  This bill defers to the federal age-rating  
            curve.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Appropriations Committee, one-time costs  
          of about $600,000 to the DOI to adopt regulations and review  
          health policy filings (Insurance Fund).

           SUPPORT  :   (Verified  4/17/13)

          100% Campaign
          AARP
          AFSME, AFL-CIO
          American Cancer Society Cancer Action Network
          American Heart Association
          California Academy of Family Physicians
          California Alliance for Retired Americans
          California Chiropractic Association
          California Federation of Teachers
          California Healthcare Institute
          California Optometric Association
          California Pan-Ethnic Health Network
          California Primary Care Association
          California Public Interest Research Group
          Congress of California Seniors
          Consumers Union
          Epilepsy California
          Greenlining Institute
          Health Access California
          Latino Coalition for a Healthy California
          National Association of Social workers, California Chapter
          National Multiple Sclerosis Society - California Action Network
          Transgender Law Center
          United Nurses Associations of California/Union of Health Care  
          Professionals


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           OPPOSITION  :    (Verified  4/17/13)

          Department of Insurance

           ARGUMENTS IN SUPPORT  :    According to the author's office, this  
          bill is necessary to bring California health insurance market  
          rules in line with the ACA.  This bill also contains clean-up  
          provisions to AB 1083 which enacted insurance market reforms  
          consistent with the ACA affecting health insurance sold to small  
          employer purchasers.  More significantly, this bill establishes  
          insurance market reforms consistent with the ACA affecting the  
          health insurance market for individual purchasers.  These  
          reforms eliminate insurance industry practices of denying people  
          insurance who have preexisting medical conditions and charging  
          higher rates because of health history.  It is necessary to put  
          the federal rules in state law for state regulatory enforcement  
          purposes.  An important general objective of this ACA  
          state-implementing legislation is to ensure that the rules in  
          Covered California and outside Covered California, as well as in  
          both the small group and individual markets, are as similar as  
          possible in an effort to avoid adverse selection. 

          Clean-up provisions are necessary because new final federal  
          regulations have been issued which require updating of the AB  
          1083 provisions.  In addition, while the Legislature approved AB  
          1461 (Monning) and SB 961 (Ed Hernandez) in 2012, which would  
          have established insurance market rules for individual  
          purchasers, those bills were vetoed by the Governor because a  
          provision to link or "tie back" state law to federal law was  
          viewed as insufficient.  As a result, Covered California has  
          initiated a QHP solicitation process based on assumptions of  
          what might be the individual market rules in California.  Health  
          insurers bidding to be QHPs must submit premium bids to Covered  
          California by March 31, 2013, in order to ensure they receive  
          regulatory review in time for Covered California to begin  
          marketing and offering those plans in October of 2013.  The  
          rules established and revised by this bill would apply to health  
          insurance sold through Covered California as well as insurance  
          products sold in the commercial market outside of Covered  
          California, and need to be in place as soon as possible in time  
          for the regulatory reviews required for QHPs. 

          On January 24, 2013, Governor Brown issued a proclamation  
          convening an extraordinary session of the Legislature to  

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          consider and act upon legislation necessary to implement the ACA  
          in the areas of:  (a) California's private health insurance  
          market, rules and regulations governing the individual and small  
          group market; (b) California's Medi-Cal program and changes  
          necessary to implement federal law; and, (c) options that allow  
          low-cost health coverage through Covered California to be  
          provided to individuals who have income up to 200% of the FPL.   
          This bill, along with SB 2 X1 (Hernandez), addresses the first  
          of the three areas identified in the Governor's proclamation. 

          Health Access California (HAC), a statewide health care consumer  
          advocacy coalition, writes in support stating this bill will  
          reform California's individual insurance market to provide  
          guaranteed issue and modified community rating.  HAC writes that  
          the repeal or modification of the protections of the ACA are  
          highly unlikely and, if in the future, the ACA provisions on the  
          individual market are repealed or altered, the first choice  
          should not be to revert to the status quo ante in which  
          consumers may be denied health insurance for any reason or no  
          reason.  The first choice should be to figure out a policy  
          response that protects consumers and gives them the opportunity  
          to obtain affordable coverage.  Other states have done this, and  
          HAC argues California should protect its own consumers and do  
          the same.

          HAC also supports the provision of this bill that limits rate  
          increases to once annually arguing consumers should be able to  
          budget and plan.  HAC is concerned about the limits imposed on  
          guaranteed issue writing that people will not be able to get  
          coverage at any time but only during limited open enrollment  
          periods.  While these restrictions will limit the availability  
          of coverage for Californians during much of the year, HAC  
          reluctantly accepts this given the federal rule on Exchanges  
          which impose the same rules.

          The 100% campaign writes in support stating they are committed  
          to creating an equitable market for consumers and ensuring  
          standardized and consistent premium risk rating rules for  
          children with all types of health insurance coverage.  The 100%  
          campaign also supports and appreciates the interim coverage  
          opportunities created for children and youth in advance of 2014.

          California Public Interest Research Group writes in support of  
          this bill and the importance of ending denials for preexisting  

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          conditions and limiting the ability of insurers to charge  
          consumers different rates.  The Transgender Law Center writes  
          that the bill contains multiple provisions that will optimize  
          coverage for all Californians.  The Greenlining Institute states  
          this bill is of critical importance to communities of color who  
          suffer disproportionally from preventable chronic illnesses but  
          who are less likely to have health insurance.  The Greenlining  
          Institute argues this bill will improve access to and  
          affordability of health insurance for communities of color.   
          AFSCME writes in support that this bill will help expand health  
          insurance coverage in the commercial market.

           ARGUMENTS IN OPPOSITION  :    DOI writes that the selection of the  
          geographic rating regions is one of the most significant choices  
          the state has to make that will impact the affordability of  
          health insurance for consumers.  DOI is greatly concerned that  
          geographic rating regions contained in AB 1083, will result in  
          premium increases and should not be adopted in this legislation.  
           DOI is proposing an alternative 18 geographic ratings region  
          proposal.  
           
           ASSEMBLY FLOOR  :  53-25, 2/28/13
          AYES:  Alejo, Ammiano, Atkins, Bloom, Blumenfield, Bocanegra,  
            Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon,  
            Campos, Chau, Chesbro, Cooley, Daly, Dickinson, Eggman, Fong,  
            Fox, Frazier, Garcia, Gatto, Gomez, Gordon, Gray, Hall, Roger  
            Hern�ndez, Holden, Hueso, Jones-Sawyer, Levine, Lowenthal,  
            Medina, Mitchell, Mullin, Muratsuchi, Nazarian, Pan, Perea, V.  
            Manuel P�rez, Quirk, Quirk-Silva, Rendon, Salas, Stone, Ting,  
            Torres, Weber, Wieckowski, Williams, John A. P�rez
          NOES:  Achadjian, Allen, Bigelow, Ch�vez, Conway, Dahle,  
            Donnelly, Beth Gaines, Gorell, Grove, Hagman, Harkey, Jones,  
            Linder, Logue, Maienschein, Mansoor, Melendez, Morrell,  
            Nestande, Olsen, Patterson, Wagner, Waldron, Wilk
          NO VOTE RECORDED:  Skinner, Yamada


          JL:d  4/17/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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