BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de León, Chair


          SB 20 (Hernandez) - Health care: workforce training.
          
          Amended: February 14, 2013      Policy Vote: Health 9-0
          Urgency: No                     Mandate: No
          Hearing Date: April 15, 2013                            
          Consultant: Brendan McCarthy    
          
          This bill meets the criteria for referral to the Suspense File.
          
          
          Bill Summary: SB 20 would requires all the fines and penalties  
          assessed by the Department of Managed Health Care on health  
          plans to be available for support of the Steven M. Thompson  
          Physician Corps Loan Repayment Program, once the Major Risk  
          Medical Insurance Program becomes inoperative.

          Fiscal Impact: Ongoing costs in the low millions per year to  
          support physician loan repayments (General Fund). Over the last  
          decade, fines and penalties assessed by the Department of  
          Managed Health Care have ranged from a low of $640,000 to a high  
          of $13 million, with an average of about $3.6 million per year.

          Background: Under current law, health plans in the state are  
          regulated by the Department of Managed Health Care, under the  
          Knox-Keene Health Care Service Act of 1975. The Department is  
          authorized to assess administrative fines and penalties on  
          health plans for violations of the Knox-Keene Act. Current law  
          requires the first $1 million in fines and penalties to be  
          transferred to the Medically Underserved Account for Physicians  
          (within the Health Professions Education Fund) to support the  
          Stephen M. Thompson Physician Corps Loan Repayment Program. Any  
          remaining fines and penalties are transferred to the Major Risk  
          Medical Insurance Fund, to support the Major Risk Medical  
          Insurance Program.

          Under Current law, the Steven M. Thompson Physician Corps Loan  
          Repayment Program provides up to $105,000 in loan repayments for  
          physicians who agree to work in medically underserved areas for  
          at least three years

          Under current law, the state operates the Major Risk Medical  
          Insurance Program, which provides health care coverage to  








          SB 20 (Hernandez)
          Page 1


          individuals who are unable to purchase coverage in the  
          individual market due to a pre-existing condition. Premiums in  
          the Program are set at 100 percent of what an equivalent policy  
          would cost in the private market. This program is supported by  
          subscriber premiums and state funds. 

          Proposed Law: SB 20 would requires all the fines and penalties  
          assessed by the Department of Managed Health Care on health  
          plans to be available for support of the Steven M. Thompson  
          Physician Corps Loan Repayment Program, once the Major Risk  
          Medical Insurance Program becomes inoperative.

          Related Legislation: 
              SB 635 (Hernandez) of 2011 would have transferred fine and  
              penalty revenues generated by the Department of Managed  
              Health Care to another account for the support of medical  
              education. That bill was held in the Assembly Appropriations  
              Committee.
              AB 860 (Perea and Bocanegra) would require certain fine and  
              penalty revenues to be transferred for use in a related  
              program to support medical education. That bill is in the  
              Assembly Appropriations Committee.


          Staff Comments: While fines and penalties assessed by the  
          Department of Managed Health Care are deposited in the Managed  
          Care Administrative Fines and Penalties Fund, under law fines  
          and penalties are General Fund revenues.

          The Major Risk Medical Insurance Program was created to allow  
          individuals who are unable to purchase health care coverage in  
          the private market because of a pre-existing condition to  
          purchase affordable coverage. Beginning in 2014, the federal  
          Affordable Care Act (and proposed state legislation) will  
          require insurance plans and health plans to provide "guaranteed  
          issue" coverage to individuals as long as the individual pays  
          his or her premiums. Individuals who have a pre-existing  
          condition should no longer be denied coverage in the private  
          market. Therefore, demand for coverage for the Major Risk  
          Medical Insurance Program is likely to decline significantly  
          after January 1, 2014. However, state law authorizing the  
          program has no sunset and there may be certain individuals (such  
          undocumented immigrants) who wish to continue to participate in  
          the program. The Governor's January budget proposal requests  








          SB 20 (Hernandez)
          Page 2


          full-year funding for the program in 2013-14. At this time it is  
          difficult to predict when demand for program funding will end  
          absent legislative action.