BILL ANALYSIS Ó AB 2299 Page A ASSEMBLY THIRD READING AB 2299 (Nazarian) As Amended May 23, 2014 Majority vote HUMAN SERVICES 6-0 APPROPRIATIONS 13-0 ----------------------------------------------------------------- |Ayes:|Stone, Maienschein, |Ayes:|Gatto, Bocanegra, | | |Ammiano, | |Bradford, | | |Ian Calderon, Garcia, | |Ian Calderon, Campos, | | |Hall | |Eggman, Gomez, Holden, | | | | |Linder, Pan, Quirk, | | | | |Ridley-Thomas, Weber | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- SUMMARY : Deletes the means test related to a regional center's authority to pay applicable copayments and coinsurance necessary to ensure a consumer can receive services and supports identified in his or her individual program plan (IPP) or individualized family service plan (IFSP). Specifically, this bill : 1)Deletes the requirement that a regional center only pay the applicable coinsurance or copayment associated with services in a consumer's IPP or IFSP that are paid for, in whole or in part, by the health care service plan or health insurance policy of the consumer or the consumer's parent, guardian, or caregiver if the consumer or his or her family's gross income is less than 400% of the federal poverty level. Deletes the associated requirements to self-certify gross income information and provide regional centers with information related to changes in income that would cause a change in eligibility for regional center payment of a copayment or coinsurance. 2)Authorizes a regional center to pay a deductible associated with a service provided to the consumer that is paid for by the health care service plan or health insurance policy of the consumer or the consumer's parent, guardian, or caregiver only if the service or support is necessary to keep the child consumer at home or the adult consumer in the least restrictive setting and payment of the deductible is not AB 2299 Page B feasible, as specified, for the consumer or the consumer's parent, guardian, or caregiver. EXISTING LAW : 1)Establishes an entitlement to services for individuals with developmental disabilities under the Lanterman Developmental Disabilities Services Act (Lanterman Act). (Welfare and Institutions Code (WIC) Section 4500 et seq.) 2)Grants all individuals with developmental disabilities, among all other rights and responsibilities established for any individual by the United States Constitution and laws and the California Constitution and laws, the right to treatment and habilitation services and supports in the least restrictive environment. (WIC Section 4502) 3)Establishes a system of 21 nonprofit regional centers throughout the state to identify needs and coordinate services for eligible individuals with developmental disabilities and requires the Department of Developmental Services (DDS) to contract with regional centers to provide case management services and arrange for or purchase services that meet the needs of individuals with developmental disabilities, as defined. (WIC Section 4620 et seq.) 4)Requires the development of an IPP for each regional center consumer, which specifies services to be provided to the consumer, based on his or her individualized needs determination and preferences, and defines that planning process as the vehicle to ensure that services and supports are customized to meet the needs of consumers who are served by regional centers. (WIC Section 4512) 5)Establishes that an infant or toddler under age 3 who is eligible for regional center services shall have an IFSP to direct services, as specified, and defines the types of services, supports and staffing that should be considered when creating the plan. (Government Code Section 95020) 1)Requires regional centers to identify and pursue all possible sources of funding for consumers receiving regional center services, as specified. (WIC Sections 4659 (a) and (b)) AB 2299 Page C 2)Prohibits a regional center from purchasing a service that would otherwise be available from a health care service plan or private insurance when a consumer or family meets the criteria for coverage but chooses not to pursue that coverage. (WIC Section 4659(c)) 3)Requires health care service plan contracts and health insurance policies to cover behavioral health treatment for pervasive developmental disorder or autism, as specified, and provides that coverage for such treatment shall not affect services for which a regional center consumer is otherwise eligible. (Health and Safety Code Section 1374.73, Insurance Code Section 10144.51) 4)Authorizes a regional center to, when it is necessary to ensure a consumer receives a service or support, pay the coinsurance or copayment associated with services in the consumer's IPP or IFSP that are paid for, in whole or in part, by the health care service plan or health insurance policy of the consumer's parent, guardian, or caregiver or the adult consumer, provided that the gross income of the family or the consumer does not exceed 400% of the federal poverty level and other specified criteria are met. (WIC Sections 4659.1 (a) and (b)) 5)Authorizes a regional center to, when it is necessary to ensure a consumer receives a service or support, pay the coinsurance or copayment associated with services in the consumer's IPP or IFSP that are paid for, in whole or in part, by the health care service plan or health insurance policy of the consumer's parent, guardian, or caregiver or the adult consumer, in cases where the gross income of the family or the consumer exceeds 400% of the federal poverty level if the service or support is necessary to successfully maintain the child at home or the adult consumer in the least-restrictive setting and other specified criteria are met. (WIC Section 4659.1(c)) 6)Requires the parent, guardian, or caregiver of a consumer, or an adult consumer with a health care service plan or health insurance policy to self-certify the family's gross annual income to the regional center, as specified, and to notify the regional center when a change in income occurs that would change in the consumer's eligibility for regional center AB 2299 Page D payment of copayments or coinsurance. (WIC Sections 4659.1 (d) and (e)) 7)Prohibits regional centers from paying health care service plan or health insurance policy deductibles. (WIC Section 4659.1(g)) FISCAL EFFECT : According to the Assembly Appropriations Committee: 1)Potential ongoing costs in the range of $2 to $4 million (General Fund (GF)) to pay for additional regional center consumers' health insurance copayments/coinsurance. 2)Potential ongoing costs in the low millions (GF) to pay for regional center consumers' health insurance deductibles. 3)Unknown, ongoing administrative costs (GF) to manage payments to families or insurance companies and health plans by the regional centers. COMMENTS : This bill seeks to reduce financial hardship for regional center consumers receiving services that are covered under health care service plans or health insurance policies by deleting the prohibition on regional centers paying copayments and coinsurance for such services based on the financial means of the consumer or his or her family. Background: The Lanterman Act guides the provision of services and supports for Californians with developmental disabilities. Each individual under the Act, typically referred to as a "consumer," is legally entitled to treatment and habilitation services and supports in the least restrictive environment. Lanterman Act services are designed to enable all consumers to live more independent and productive lives in the community. The term "developmental disability" means a disability that originates before an individual attains 18 years of age, is expected to continue indefinitely, and constitutes a substantial disability for that individual. It includes intellectual disabilities, cerebral palsy, epilepsy, and pervasive developmental disorder/autism spectrum disorder (PDD/ASD). Other developmental disabilities are those disabling conditions similar to an intellectual disability that require treatment (i.e., care and management) similar to that required by AB 2299 Page E individuals with an intellectual disability. Regional centers: Direct responsibility for implementation of the Lanterman Act service system is shared by the DDS and 21 regional centers, which are private nonprofit entities, established pursuant to the Lanterman Act, that contract with DDS to carry out many of the state's responsibilities under the Act. The 21 regional centers throughout the state serve over 270,000 consumers who receive services such as residential placements, supported living services, respite care, transportation, day treatment programs, work support programs, and various social and therapeutic services and activities. Approximately 1,300 consumers reside at one of California's four Developmental Centers-and one state-operated, specialized community facility-which provide 24-hour habilitation and medical and social treatment services. Services provided to people with developmental disabilities are determined through an individual planning process. Under this process, planning teams-which include, among others, the consumer, his or her legally authorized representative, and one or more regional center representatives-jointly prepare an IPP based on the consumer's needs and choices that promotes community integration and maximizes opportunities for each consumer to develop relationships, be part of community life, increase control over his or her life, and acquire increasingly positive roles in the community. The IPP must give the highest preference to those services and supports that allow minors to live with their families and adults to live as independently as possible in the community. Autism Spectrum Disorders: Defined as a group of neurodevelopmental disorders linked to atypical biology and chemistry in the brain that generally appears within the first three years of life, autism is a growing epidemic among children. While there are many "autisms," the diagnosis is often characterized by delayed, impaired or otherwise atypical verbal and social communication skills, sensitivity to sensory stimulation, atypical behaviors and body movements, and sensitivity to changes in routines. Although symptoms and severity differ among individuals with an autism diagnosis, all individuals affected by the disorder have impaired communication skills, difficulties initiating and sustaining social interactions and restricted, repetitive patterns of behavior AB 2299 Page F and/or interests. ASD is one of the commonly-used terms to describe the various "autisms" and other PDDs, and it more appropriately captures the array of symptoms and varying levels in the severity of symptoms experienced by individuals with a diagnosis within ASD. Information released in March 2014 by the Centers for Disease Control (CDC) Autism and Developmental Disabilities Monitoring (ADDM) Network, estimates prevalence of ASD for children born in 2002 and surveyed in 2010 to be 14.7 per 1,000 children, which translates to one in 68 children. This is a drastic increase from CDC data for children born in 2000 and surveyed in 2008, which estimated the prevalence of children with ASD to be one in 88. Average prevalence for children surveyed in 2006 was one in 110 children. ASD continues to be five times more prevalent for boys than for girls.<1> March 2014 DDS data shows that 65,706 regional center consumers have an autism diagnosis, which is more than double the number of individuals with the same diagnosis served by regional centers in 2006. An additional 4,562 regional center consumers are on the autism spectrum with a diagnosis of PDD. Among the individuals with ASD/PDD served by the regional centers, 12,481 are female and 57,787 are male, and nearly 40% of the population with an autism or PDD diagnosis is 0 to 9 years old.<2> Insurance coverage of behavioral health treatment for autism: In 2011, Governor Brown signed SB 946 (Steinberg), Chapter 650, Statutes of 2011, which required health care service plans and health insurance companies in California to begin covering behavioral health treatment for pervasive developmental disorders or autism by July 1, 2012. State law defines behavioral health treatment, for purposes of the coverage mandate, as professional services and treatment programs, including applied behavior analysis (ABA) and evidence-based behavior intervention programs, that develop or restore, to the maximum extent practicable, the functioning of an individual with pervasive developmental disorder or autism and that meet specified criteria related to who prescribes and provides the treatment. The delivery of behavioral health treatment is varied based on a consumer's needs and can be delivered in a --------------------------- <1> http://www.cdc.gov/ncbddd/autism/data.html <2> http://www.dds.ca.gov/FactsStats/docs/QR/March2014_Quarterly.pdf AB 2299 Page G one-to-one or small group format based on the appropriateness for the individual(s) being treated. The coverage mandate resulted in savings to the state, as regional centers were required to purchase most behavioral health services provided for in consumers' IPPs and IFSPs prior to passage of the mandate. As insurers and health plans began paying for services pursuant to SB 946 requirements, some families reported their inability to access the amount of behavioral services approved in the consumer's IPP or IFSP due to the out-of-pocket expenses related to the insurance coverage. The copayments paid by the insured directly to the health care provider for each service or visit, the coinsurance paid by the insured for services in excess of what the policy covers, and deductibles associated with the treatments covered in their policies, became too costly for some families. In response to this emerging issue, most regional centers paid copayments and deductibles on a discretionary basis when a regional center determined that payment was critical for a consumer to receive the necessary and approved treatment and services. However, due to the varied practices around copayments and deductibles between regional centers, DDS argued that statutory clarification was necessary to establish a clear statewide policy. As a result, the developmental services trailer bill included in the 2013-14 state Budget Act (AB 89, Chapter 25, Statutes of 2013) provided increased funding to regional centers for the payment of copayments and coinsurance tied to services in a consumer's IPP or IFSP covered by health plans and insurance policies for cases in which the adult consumer, or the family of a consumer, has income at or below 400% of the federal poverty level and there is no third party responsible for payment. Trailer bill language also provided some flexibility for the payment of copayments and coinsurance for adult consumers or child consumers in families with income above 400% of FPL under extraordinary circumstances and when needed to successfully maintain the child at home or adult consumer in the least restrictive setting. The trailer bill prohibited regional center payment of health care service plan and health insurance policy deductibles. Regional center payment of deductibles: While this bill eliminates the means-test for regional center payment of AB 2299 Page H copayments and coinsurance, which would otherwise be out-of-pocket expenses for consumers and their families, the most controversial issue in recent years has been the desire to allow regional centers to also pay consumers' deductibles for services covered by health plans and health insurance. During budget conversations leading to passage of the 2013-14 developmental services trailer bill, DDS indicated that administering deductible coverage could be more complex than copayments and coinsurance because deductibles are not as directly linked to utilization of a specific service that is included in an IPP or IFSP and may apply to an entire family, not just the developmental services consumer. Some stakeholders have disagreed with this characterization, indicating that billings for deductibles can, and sometimes already do, specify both the service and the recipient of that service. Need for this bill: Prior to the insurance and health plan coverage mandate for certain behavioral health treatment, regional centers were obligated to pay the full cost of those services if they were included in consumers' IPPs and IFSPs. The author notes that since the passage of the developmental services trailer bill in 2013, families have been required to pay for services that used to be free to them. The author states, "There have been several challenges to AB 89 at the Office of Administrative Hearings by families who cannot afford the co-pay or deductible. In those cases, judges have consistently sided with families and have required the regional center to either pay the cost of the co-payment or the full cost of treatment, if the family cannot afford the deductible." Analysis Prepared by : Myesha Jackson / HUM. S. / (916) 319-2089 FN: 0003830