BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de León, Chair


          AB 2299 (Nazarian) - Developmental services: health insurance  
          copayments, coinsurance, and deductibles.
          
          Amended: August 4, 2014         Policy Vote: Human Services 4-0
          Urgency: No                     Mandate: No
          Hearing Date: August 11, 2014                           
          Consultant: Brendan McCarthy    
          
          This bill meets the criteria for referral to the Suspense File.
          
          
          Bill Summary: AB 2299 would broaden the eligibility for regional  
          centers to pay copayments, coinsurance, and/or deductibles  
          associated with private insurance coverage on behalf a regional  
          center consumer.

          Fiscal Impact: It is uncertain how many regional center  
          consumers would be eligible to have copayments, coinsurance, or  
          deductibles paid on their behalf under the bill. The bill  
          broadens eligibility to have such payments made by a regional  
          center by making the requirement that the service or support be  
          necessary to prevent institutionalization one of several  
          criteria that would allow payments to be made (rather than that  
          requirement being a prerequisite for potentially making such  
          payments). Additionally, the bill would allow regional centers  
          to make payments on a consumer's behalf if doing so would  
          prevent the consumer from being dropped from private health care  
          coverage. It is not known how many consumers fall into either of  
          those categories. The following cost estimates are based on the  
          current population receiving behavioral health treatments, the  
          current costs to the regional centers to pay for copayments and  
          deductibles, and assume that 30 percent to 50 percent of  
          consumers with family incomes over 400 percent of the federal  
          poverty level receive payments authorized in the bill.
              
              Ongoing administrative costs from $3 million to $5 million  
              per year for regional centers to review consumer eligibility  
              under the bill and to process reimbursements to consumers  
              for copayments, coinsurance, and deductibles (General Fund  
              and federal funds).

              Ongoing costs from $2 million to $3 million per year for  








          AB 2299 (Nazarian)
          Page 1


              regional centers to pay copayments and coinsurance costs for  
              services and supports provided to consumers with family  
              incomes over 400 percent of the federal poverty level who  
              are not currently eligible for such payments (General Fund  
              and federal funds).

              Unknown costs for regional centers to pay for deductibles  
              charged for services and supports provided to consumers with  
              family incomes over 400 percent of the federal poverty level  
              who are not currently eligible for such payments (General  
              Fund and federal funds). The regional centers have only  
              recently been authorized to pay consumers' deductibles.  
              Therefore, no information is available about the average  
              cost to do so. Given the variety of health care coverage  
              benefit designs available, it is difficult to project the  
              costs to make such payments. However, if a significant  
              number of consumers who are eligible for payments under the  
              bill have health care coverage with a high deductible, the  
              annual costs could be in the tens of millions per year.
              
              Potential avoided costs to the regional centers from $5  
              million to $10 million per year, providing that the payments  
              made by regional centers under the bill allow consumers to  
              keep their private health care coverage. There are  
              indications that some consumers have dropped their private  
              health care coverage, rather than pay high copayments,  
              coinsurance, or (particularly) deductibles. If a consumer  
              drops his or her private health care coverage then the  
              regional center becomes responsible for paying the entire  
              cost services and supports the consumer is entitled to. If 5  
              percent to 10 percent of eligible consumers were to drop  
              their private coverage, the costs to the regional centers  
              would be $5 million to $10 million per year.

          Background: California provides community-based services to  
          approximately 250,000 persons with developmental disabilities  
          and their families through a statewide system of 21 regional  
          centers. Regional centers are private, nonprofit agencies under  
          contract with the Department of Developmental Services for the  
          provision of various services and supports to people with  
          developmental disabilities. As a single point of entry, regional  
          centers provide diagnostic and assessment services to determine  
          eligibility; convene planning teams to develop an Individual  
          Program Plan for each eligible consumer; and either provide or  








          AB 2299 (Nazarian)
          Page 2


          obtain from generic agencies appropriate services for each  
          consumer in accordance with the Individual Program Plan. 

          Over the past several years, there have been a number of medical  
          entities that have concluded that intensive behavioral  
          treatments are effective in treating children and adults with  
          autism. There are a several different types of behavioral health  
          treatment. One of the best-known and most commonly accepted as  
          being an evidence-based practice is Applied Behavioral Analysis.  


          Current state law (SB 946, Steinberg, Statutes of 2011)  
          specifically requires health plans and health insurers to cover  
          behavioral health therapy for pervasive development disorder or  
          autism. Under current law, behavioral health treatment includes  
          Applied Behavior Analysis and other evidence-based behavior  
          intervention programs. Because state law now mandates coverage  
          for behavioral health treatment, private insurers and health  
          plans are now responsible for paying for treatments that had  
          previously been paid for by regional centers.

          Under current law, regional center consumers and their families  
          are not required to share in the costs of service for behavioral  
          health treatments provided by regional center vendors. As  
          consumers with private health care coverage have shifted to  
          receiving behavioral health treatment from private health care  
          coverage, consumers and their families have become liable to pay  
          for copayments, coinsurance, and/or deductibles required by  
          their coverage. Advocates have raised the issue that this  
          requirement has imposed a financial hardship on many families,  
          as the high cost of behavioral health treatments can result in  
          significant out-of-pocket expenditures by consumers and their  
          families.

          As part of the 2013 Budget Act, the state authorized regional  
          centers to pay copayments and/or coinsurance for consumers whose  
          family income is up to 400 percent of the federal poverty level.

          The recently enacted 2014 Budget Act expanded this eligibility  
          to include the payment of deductibles for consumers whose family  
          income is up to 400 percent of the federal poverty level.

          In addition, current law authorizes regional centers to pay for  
          copayments, coinsurance, and/or deductibles on behalf of  








          AB 2299 (Nazarian)
          Page 3


          consumers whose family income exceeds 400 percent of the federal  
          poverty level if certain conditions are met. Specifically, those  
          payments can be made if the services is necessary to maintain  
          the consumer at home or in the least-restrictive setting and if  
          1) there is an extraordinary that impacts the family's ability  
          to make the payments, or 2) there is a catastrophic loss that  
          limits the family's ability to make the payments, or 3) the  
          family has significant unreimbursed medical costs associated  
          with the consumer or another child.

          Proposed Law: AB 2299 would broaden the eligibility for regional  
          center consumers to have copayments, coinsurance, and/or  
          deductibles associated with private insurance coverage paid on  
          behalf of the consumer by a regional center.

          Specifically, the bill would:
              Delete the requirement that payments can only be made by a  
              regional center on behalf of a consumer with family income  
              over 400 percent of the federal poverty level only if the  
              service is necessary to maintain the consumer in the home or  
              in the least restrictive setting;
              Authorize regional centers to make payments on behalf of  
              consumers with family incomes over 400 percent of the  
              federal poverty level if the services or support is  
              necessary to maintain the consumer in the home or least  
              restrictive setting;
              Authorize regional centers to make payments on behalf of  
              consumers with family incomes over 400 percent of the  
              federal poverty level if the payments made by the regional  
              center will allow the consumer to maintain health care  
              coverage (i.e. the payments will prevent the consumer from  
              dropping his or her private coverage due to the inability to  
              pay the copayments, coinsurance, or deductibles).
          
          Related Legislation: 
              SB 163 (Hueso, 2013) would have required regional centers  
              to pay any copayment, coinsurance, or deductible required  
              for services or supports provided to a regional center  
              consumer by private health care coverage. That bill was held  
              on this committee's Suspense File.
              AB 2041(Jones) would define the professional activities and  
              the educational and training requirements necessary for  
              vendorization by a regional center as a Behavior Management  
              Assistant or a Behavior Management Consultant. That bill is  








          AB 2299 (Nazarian)
          Page 4


              on this committee's Suspense File.

          Staff Comments: The bill authorizes regional centers to make  
          payments to pay for copayments, coinsurance, or deductibles if  
          such payments will maintain the consumer's private health care  
          coverage. In other words, a regional center may make payments if  
          the consumer is likely to drop his or her private health care  
          coverage if the regional center does not cover those costs. The  
          intention of this change to current law is to prevent consumers  
          from being dropped from their private coverage because they  
          cannot afford the cost sharing associated with expensive  
          services, such as behavioral health treatments. In practice, it  
          will be very difficult for regional centers to determine which  
          consumers are likely to drop coverage if they do not receive  
          such payments. The regional centers are likely to be put in a  
          position where they will have to analyze the income and  
          household budget information from a consumer's family to  
          determine how likely the family is to maintain the private  
          health care coverage without payments from the regional center  
          for copayments, coinsurance, or deductibles.