BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 8, 2014

                            ASSEMBLY COMMITTEE ON HEALTH
                                 Richard Pan, Chair
                AB 1962 (Skinner) - As Introduced:  February 19, 2014
           
          SUBJECT  :  Dental plans: medical loss ratios: rebates.

           SUMMARY  :  Requires specialized health plans and insurers of  
          dental coverage to maintain a minimum medical loss ratio (MLR)  
          or provide an annual rebate to enrollees or insureds in those  
          policies, as specified.  Specifically,  this bill  :  

          1)Requires dental health plans and insurers to provide an annual  
            rebate to each enrollee in such coverage, on a pro rata basis,  
            if the amount of the premium revenue expended for clinical  
            services and quality improvement activities is less than 85%  
            for health plans and insurers offering large group dental  
            coverage or less than 80% for health plans and insurers  
            offering individual and small group dental coverage.

          2)Establishes the rebate calculation as the percentage by which  
            the exceeds the required minimum ratios in 1) above,  
            multiplied by total premium revenue, excluding from the  
            premium revenue federal and state taxes, licensing or  
            regulatory fees and payments for risk adjustment risk  
            corridors and reinsurance.

          3)Requires dental health plans and insurers to provide any  
            rebate owing by August 1 of the calendar year following the  
            year for which the ratio is calculated.

          4)Authorizes the California Department of Insurance (CDI) and  
            the Department of Managed Health Care (DMHC) to adopt  
            regulations to implement this bill, including emergency  
            regulations, requires the regulations to be parallel to the  
            regulations adopted by CDI and DMHC related to the MLRs and  
            rebates for health coverage and requires the two departments  
            to consult in the adoption of the regulations and  
            implementation of this bill.

          5)Excludes dental plan coverage in specified  
            government-sponsored programs from the requirements in this  
            bill, including Medi-Cal and Medicare.









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           EXISTING LAW  :  

          1)Establishes the CDI to regulate health insurers and the DMHC  
            to regulate to regulate health plans, including specialized  
            health plan contracts and health insurance policies covering a  
            single benefit or service, such as dental or vision care.

          2)Requires health plans and insurers to provide an annual rebate  
            to each enrollee, on a pro rata basis, if the amount of the  
            premium revenue expended for clinical services and quality  
            improvement activities is less than 85% for health plans and  
            insurers offering large group health coverage or less than 80%  
            for health plans and insurers offering individual and small  
            group health coverage.

          3)Establishes the rebate calculation as the percentage by which  
            the MLR exceeds the required minimum ratios in 1) above,  
            multiplied by total premium revenue, excluding from the  
            premium revenue federal and state taxes, licensing or  
            regulatory fees, and payments for risk adjustment risk  
            corridors and reinsurance.

          4)Requires health plans and insurers to provide any rebate owing  
            by August 1 of the calendar year following the year for which  
            the ratio is calculated.

          5)Requires the MLR and rebate requirements in state law to be  
            implemented only to the extent they are required in federal  
            law and to comply with and not exceed the implementing federal  
            rules and requirements.

          6)Establishes in federal law the Patient Protection and  
            Affordable Care Act (ACA) which enacts comprehensive reforms  
            of health insurance markets, including, among other things,  
            the requirement that issuers of health insurance comply with  
            the medical loss ratio standards in 1) above and pay rebates  
            to enrollees as required.

           FISCAL EFFECT  :  This bill has not been analyzed by a fiscal  
          committee.

           COMMENTS  :

           1)PURPOSE OF THIS BILL  .  According to the author, this bill  
            would apply to dental health plans the current MLR  








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            requirements that are in place for health care coverage,  
            providing critical consumer protections for patients with  
            dental insurance.  The author argues that this bill will allow  
            for greater transparency in dental plan premiums, increase the  
            overall value of the benefit, and potentially result in a  
            reduction in premiums for dental insurance.  The author points  
            to the MLR for health coverage and the billions of dollars in  
            benefits for consumers in the form of rebates and reduced  
            premiums.  The author states that dental plan consumers should  
            be able to expect the same level of efficiency and value in  
            dental coverage as they now expect in health insurance.

           2)BACKGROUND  .  

             a)   MLR under the ACA.  The federal ACA includes numerous  
               provisions that change the way commercial health insurance  
               is offered and regulated in an effort to provide better  
               value to consumers and increase transparency, including the  
               MLR standards.  MLR limits the portion of premium that  
               health insurers may spend on administration, marketing and  
               profits.  Under the ACA, health insurers must publicly  
               report the MLR in each state where they offer coverage and  
               if they fail to meet the minimum MLR standards must pay  
               rebates to consumers.  The MLR is a basic financial  
               indicator, traditionally referring
               to the percentage of insurance premium revenues health  
               insurers spent on enrollee medical claims. The MLR  
               definition in the ACA differs from the traditional MLR
               definition, most notably because it allows insurers to  
               include in their expenses spending on activities to improve  
               health care quality and to deduct from their revenues  
               certain tax payments and fees.

             b)   Government Accountability Office (GAO).  According to a  
               2010 analysis of data from the National Association of  
               Insurance Commissioners, GAO found that the majority of  
               health insurers with credible claims experience would have  
               met or exceeded the ACA MLR standard in 2010 if it had been  
               in effect.  However, the GAO also found that MLR compliance  
               varied by market, with less than half of insurers in the  
               individual market meeting the ACA MLR standard, compared to  
               70% in the small group market and 77% in the large group  
               market.  MLR under the ACA applies to all of an insurer's  
               commercial health insurance business, including coverage  
               sold to associations and members of associations, and  








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               coverage that is grandfathered under the ACA.  Self-funded  
               plans are not considered insurers and the MLR does not  
               apply to self-funded plans or insurers that administer such  
               coverage for the employer or plan sponsor.

             c)   MLR in California.  California adopted the ACA MLR  
               requirement in state law and implemented the federal rules  
               for standardizing the reporting and calculation of MLR.  In  
               2012, California health plans and insurers paid a total of  
               $74 million in MLR rebates to California consumers.    
               According to the Center for Medicare and Medicaid Services  
               (CMS), in 2013, health plans and insurers paid rebates of  
               $65.5 million to 1.4 million California consumers with an  
               average rebate of $74 per family; average rebates were $67  
               in the individual market, $105 in small employer coverage  
               and $23 for large group.   

             d)   Dental Loss Ratios (DLRs) in California dental plans.   
               According to DMHC, dental health plans under their  
               jurisdiction reported average loss ratios of just over 60%  
               in 2012.  However, the range varies substantially by health  
               plan from a low of 31% to a high of 81% and is not broken  
               down by market, individual, small or large group.  DMHC  
               points out that the reported DLRs are not based on  
               standardized measurement or calculation as is required for  
               MLR and that a relatively low DLR does not necessarily mean  
               that the dental plan is in strong financial condition or  
               that the plan is earning huge profits.   

           3)SUPPORT  .  The California Dental Association (CDA) is the  
            sponsor of this bill and argues that a minimum DLR will ensure  
            dental consumers are afforded value for dental premiums in the  
            same way that the MLR for health coverage protects consumers  
            and has returned millions in rebates for consumers from health  
            plans that exceed the limit.  CDA states that the DLR  
            requirement will encourage administrative efficiency, allow  
            for greater transparency, increase the overall value of the  
            benefit and possibly reduce premium costs.  Blue Sky  
            Consulting, an independent consulting firm, developed a report  
            for CDA entitled, "Dental Loss Ratios: Factors to Consider in  
            Establishing a Minimum Loss Ratio for Dental Insurance."  Blue  
            Sky found that a minimum loss ratio can deliver important  
            consumer protections and benefits as well as administrative  
            efficiencies to the market which has occurred for medical  
            insurance since the institution of the ACA MLR. Blue Sky also  








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            pointed out that while clear differences exist between dental  
            plans and health plans, none of these differences preclude the  
            development of a DLR requirement.  

          Health Access California writes in support of this bill and an  
            MLR for dental plans, but recommends that the bill be amended  
            to impose a DLR that more properly reflects benefits offered  
            by dental plans rather than medical plans.  Health Access  
            acknowledges that dental coverage is different than medical  
            coverage, is not generally required to cover medical necessary  
            dental care and can include benefit designs that have set  
            dollar limits ($1,000 or $2,000 per year).  The difference in  
            the benefit designs will affect loss ratios and will need to  
            considered in the formula and method for establishing a loss  
            ratio for dental coverage.    

           4)OPPOSITION  .  Health and dental plans write in opposition that  
            this bill will dramatically increase dental premiums for  
            Californians because a DLR requirement would not change the  
            costs to administer the dental benefits.  To comply, dental  
            plans would either have to increase premiums or reduce  
            administrative costs, which include customer service,  
            grievances and appeals, prevention, clinical review, timely  
            claims processing, fraud prevention, consumer education,  
            regulatory compliance, and other core functions of the dental  
            plans.  Opponents point out that the ACA did not impose a DLR  
            and federal law recognizes dental coverage as different from  
            medical in terms of the way benefits are offered and premium  
            levels set.  Opponents state that dental plans face  
            disproportionately higher administrative costs (typically  
            4-6%) and typically lower margins.  Since dental coverage is a  
            voluntary purchase dental plans incur additional marketing and  
            outreach costs because purchasers are generally not buying  
            coverage for hundreds or thousands and so the market must be  
            reached group by group, individual by individual.  Plans state  
            that the voluntary nature of the market also forces dental  
            plans to be efficient in order to keep premiums affordable and  
            competitive.  

          The California Chamber of Commerce states that since dental  
            premiums are already low relative to the higher costs of  
            medical premiums dental plans have significantly less to spend  
            for administration.  According to the Chamber, it is one thing  
            to ask a health plan to reduce administrative costs from $80  
            to $100 per enrollee but it is entirely different to require  








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            that dental plan administrative costs be reduced to $3 instead  
            of $5.  The Chamber points out that if dental plans are  
            challenged to reduce costs further the only way to comply with  
            a DLR would be to increase dental provider rates, increasing  
            the costs of coverage.  Anthem suggests that true transparency  
            in dental care would include dentists having to display and  
            provide copies of fee schedules as well as the requirement  
            that dentists who provide cash discounts for some patients  
            provide the same discounts for all patients regardless of  
            payer.  Opponents argue that the potential effect of this bill  
            will be to actually reduce access to dental care if premiums  
            increase and families and employers can no longer secure  
            affordable dental coverage.  

          Liberty Dental writes that while they believe a DLR can work,  
            and as a participating health plan manages DLRs in Medi-Cal  
            and Healthy Families from 70-75%, an 85% loss ratio is too  
            high.  Liberty states that any DLR should only be imposed  
            after a detailed analysis of the market, including geography,  
            accessibility, choice, and competitive factors.

           5)PREVIOUS LEGISLATION  .  AB 18 (Pan) of 2013 initially focused  
            on pediatric oral care offered in the California Health  
            Benefit Exchange and was amended to impose a DLR, rate filing  
            and review requirements and other specific standards on dental  
            plans offering that coverage.  AB 18 stalled in the Assembly  
            Appropriations Committee.

           6)AUTHOR'S AMENDMENTS  .  The author plans to offer amendments to  
            this bill to exempt from the DLR requirement dental insurance  
            that does not reimburse claims or pay providers but pays  
            benefits on a fixed benefit, cash payment-only basis.

           7)POLICY COMMENTS  .  

             a)   Dental and medical plan differences.  Both supporters  
               and opponents of this bill have acknowledged there are  
               differences between medical and dental plans in the  
               benefits, cost structures and premium levels.  The Blue Sky  
               report prepared for the sponsors states that establishing  
               the proper value for a DLR should proceed deliberately,  
               recognizing the potential for market disruption and impacts  
               on consumer costs and choices.  The author may wish to  
               consider a lower DLR level than the MLR for health plans,  
               taking into account the fixed expenses for dental plan  








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               management, including costs associated with customer  
               service, patient protections, and regulatory compliance,  
               and the relative proportion of dental premiums available  
               for administrative costs compared to health insurance  
               premiums.  

             b)   Regulatory Guidance.  This bill specifically requires  
               CDI and DMHC to develop DLR regulations that are "parallel  
               to" the MLR regulations which apply to health plans.  The  
               author may wish to consider amendments that direct CDI and  
               DMHC to collaborate on regulations appropriate for dental  
               plans specifically, rather than requiring them to mirror  
               the MLR requirements. 

           REGISTERED SUPPORT / OPPOSITION  :  

           Support 
          
          California Dental Association (sponsor)
          California Society of Pediatric Dentistry
          California State Association of Electrical Workers
          California State Pipe Trades Council
          California Teachers Association
          Children Now
          PDI Surgery Center

           Opposition 
           
          Aetna
          America's Health Insurance Plans
          Ameritas Life Insurance Corp
          Anthem Blue Cross
          Association of California Life and Health Insurance Companies
          California Association of Dental Plans
          California Association of Health Plans
          California Brokers and Consultants for Affordable Health Care
          California Chamber of Commerce
          Delta Dental
          Guardian Life Insurance Company of America
          Liberty Dental Plan
          Metropolitan Life Insurance Company
          National Association of Dental Plans
          Premier Access Dental and Vision
          Principal Financial Group









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          Analysis Prepared by  :    Deborah Kelch / HEALTH / (916) 319-2097