BILL ANALYSIS                                                                                                                                                                                                    Ó






                             SENATE COMMITTEE ON HEALTH
                          Senator Ed Hernandez, O.D., Chair

          BILL NO:       SB 1446
          AUTHOR:        DeSaulnier
          AMENDED:       April 28, 2014
          HEARING DATE:  May 7, 2014
          CONSULTANT:    Boughton

          SUBJECT  :  Health care coverage: small employer market.
           
          SUMMARY  :  Authorizes a small employer health plan or health  
          benefit plan (another name for health insurance policy) in  
          effect on October 1, 2013, and renewed by December 31, 2013,  
          that does not qualify as a grandfathered health plan or health  
          benefit plan, to avoid compliance with specified provisions of  
          the Affordable Care Act (ACA) and related state law, and, be  
          renewed until October 2016, at which time compliance with the  
          ACA and state law is required.  Contains an urgency clause that  
          will make this bill effective upon enactment.
          
          Existing law:
          1.Regulates health plans through the Department of Managed  
            Health Care (DMHC) and health insurance policies through the  
            California Department of Insurance (CDI).  Health plans  
            include Health Maintenance Organizations (HMOs) and some  
            Preferred Provider Organizations (PPOs).  Health insurance  
            policies include PPOs, but not HMOs.

          2.Requires on or after October 1, 2013 a non-grandfathered plan  
            or insurer to fairly and affirmatively offer, market, and sell  
            all of the plan's small employer health plan contracts and  
            insurance policies for plan years on or after January 1, 2014  
            to all small employers in each service area in which the plan  
            provides or arranges for health care services.  This is  
            referred to as "guarantee issue."

          3.Prohibits a plan or insurer from rejecting an application from  
            a small employer for a small employer health plan contract or  
            insurance policy if certain conditions are met.
                       
          4.Requires health plans and health insurers to consider as a  
            single risk pool for rating purposes the claims experience of  
            all insureds and enrollees in all non-grandfathered health  
            benefit plans in this state, whether offered as a health plan  
            contract or health insurance policy, including those insureds  
                                                         Continued---



          SB 1446 | Page 2




            and enrollees who enroll in individual coverage through  
            Covered California and enrollees and insureds outside of  
            Covered California.  This requirement applies separately for  
            individual market products and small group products.

          5.Requires the premium rate for a small employer health plan or  
            insurance policy issued, amended, or renewed after January 1,  
            2014 to vary only by age, not more than three to one for like  
            individuals of different ages, as specified, geographic  
            region, as specified, and whether the contract or policy  
            covers an individual or family, as specified.

          6.Requires individual and small group health plans and insurance  
            policies issued, amended, or renewed, on or after January 1,  
            2014, to cover at a minimum, essential health benefits (EHBs)  
            as specified in state and federal law.

          7.Requires, on or after January 1, 2015, for non-grandfathered  
            health plan contracts or health insurance policies in the  
            individual and small group markets to provide for a limit on  
            annual out-of-pocket (OOP) expenses for all covered benefits  
            that meet the definition of EHBs, including out-of-network  
            emergency care, as specified.  

          8.Requires the maximum OOP limit to apply to any copayment,  
            coinsurance, deductible and any other form of cost sharing for  
            all covered benefits that meet the definition of EHBs.  

          9.Requires the limit, described in 8) above, to result in a  
            total maximum OOP limit for all EHBs equal to the dollar  
            amounts in effect under the Internal Revenue Service, as  
            specified, as adjusted by the ACA, as specified.

          10.Prohibits small employer health plan contracts and insurance  
            policies offered, sold, or renewed on or after January 1, 2014  
            from containing deductibles that exceed $2,000 for a single  
            individual and $4,000 for any other plan contract or policy.

          11.Defines levels of coverage for the non-grandfathered small  
            group market as Bronze, Silver, Gold, Platinum, as specified.

          12.Establishes premium rate rules for small employer health plan  
            and insurance contracts including, that effective July 1,  
            1996, the employee risk adjustment factor may not be more than  
            110 percent or less than 90 percent, and requires plans and  
            insurers to apply standard employee risk rates consistently  




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            with respect to all small employers.
          
          This bill:
          1.Authorizes a small employer health plan or health benefit plan  
            in effect on October 1, 2013, including those renewed by  
            December 31, 2013, and still in effect as of the effective  
            date of this bill, that does not qualify as a grandfathered  
            health plan or health benefit plan, to be renewed until  
            October 2016, and continue to be in force until after  
            September 30, 2017, subject to applicable federal law, and any  
            other requirements imposed by this bill.

          2.Authorizes a small employer health plan contract or health  
            benefit plan described in 1) above, to continue to be in force  
            after September 30, 2017, if the contract or plan is amended  
            to comply with all of the provisions, listed in 4) below, by  
            October 1, 2017, and if the contract or plan complies with all  
            other applicable provisions of law.

          3.Requires, prior to renewing a small employer health plan  
            contract or health benefit plan pursuant to 1) above, the  
            health plan or health benefit plan to provide notice to the  
            group contract holder regarding the option to renew coverage  
            using a specified notice issued by the United States  
            Department of Health and Human Services, Centers for Medicare  
            and Medicaid Services (CMS) on March 5, 2014.

          4.Exempts a small employer health plan contract or health  
            benefit plan, described in 1) above, from the following  
            provisions in existing California law:

                  a.        Requirements to guarantee issue;
                  b.        Prohibitions against rejecting applications;
                  c.        Requirements for a single risk pool;
                  d.        Rating limitations associated with age, family  
                    size, and geographic regions;
                  e.        Requirements to provide EHBs;
                  f.        Maximum limitations on OOP expenses and  
                    deductibles; and,
                  g.        Definitions on levels of coverage and  
                    actuarial value.

          5.Requires a small employer health plan contractor health  
            benefit plan, pursuant to 1) above, to be subject to risk  
            adjustment factors of not more than 110 percent and not less  




          SB 1446 | Page 4




            than 90 percent and consistent employee risk rates with  
            respect to all small employers.  Requires the small employer  
            health plan contract or health benefit plan to continue to be  
            subject to all other requirements on non-grandfathered small  
            employer plans and the Knox-Keene Act or laws applying to life  
            and disability insurance.

          6.Requires, no later than October 1, 2017, a small employer  
            health plan contract or health benefit plan to be amended to  
            comply with the provisions, described in 4) above.

          7.Defines a small employer health plan contract as a group  
            health care service plan contract other than a specialized  
            health plan, issued to a small employer, as defined.  

          8.Defines a health benefit plan as a policy of health insurance,  
            as defined, for the covered eligible employees of a small  
            employer and their dependents.  The term does not include  
            coverage of Medicare services pursuant to contracts with the  
            United States government or coverage that provides excepted  
            benefits, as specified.

          9.Contains an urgency clause that will make this bill effective  
            upon enactment.
             
           FISCAL EFFECT  :  This bill is keyed non-fiscal.

           COMMENTS  :  
           1.Author's statement.  According to the author, state law is not  
            consistent with the ACA transition policy announced by  
            President Obama, which can lead to consumer confusion and  
            policyholders asking why they aren't allowed to keep their  
            existing health insurance coverage that their employees are  
            happy with when the President announced that they may do so.   
            A significant percentage of small business owners will choose  
            to move to ACA compliant products by the end of 2014, but this  
            bill allows those who wish to avail themselves of President  
            Obama's transition policy to do so.
            
          2.ACA, Risk Pools and California Implementation.  The ACA, enacted  
            on March 23, 2010 and amended on March 30, 2010 represents a major  
            expansion of U.S. health care coverage through an expansion and  
            simplification of the Medicaid program and the adoption of major  
            reforms of the health insurance market.  Most transformational are  
            changes to the small group and individual insurance markets, such  
            as mandating guaranteed issuance of coverage, eliminating pre-




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            existing condition exclusions, limiting factors upon which premium  
            rates can be developed, and authorizing the creation of health  
            benefit exchanges either at the state or federal level. 
            Beginning in 2014, individuals are required to maintain health  
            insurance or pay a penalty, with exceptions for financial  
            hardship (if health insurance premiums exceed eight percent of  
            household adjusted gross income), religion, incarceration, and  
            immigration status.   Large businesses (those with 50 or more  
            full-time workers) that do not provide adequate health  
            insurance are required to pay an assessment if their employees  
            receive premium tax credits in Exchanges to buy their own  
            insurance.  

            Small businesses with generally fewer than 100 employees can  
            shop in an exchange for qualified health benefit plans (QHPs).  
             Exchanges offer a choice of plans that meet certain benefits  
            and cost standards.

            For the self-employed, the cost of the health insurance may be  
            deductible from federal taxes. Tax credits are available for  
            individual health insurance purchased through an exchange.   
            These tax credits are available to individuals with income  
            between 100 percent and 400 percent of the federal poverty  
            level and who are not eligible for other affordable coverage.

            To stabilize health insurance rates during this market  
            transition and to spread health risk across health plans and  
            insurers, the ACA established programs of risk adjustment,  
            reinsurance and risk corridors. Before the ACA, health plans  
            and insurers often maintained several separate risk pools  
            within their individual and small group market business, often  
            as a way to segment risk and further underwrite premiums.  
            Beginning in 2014, health plans and insurers are no longer  
            able to deny coverage based on applicants' health status and  
            are limited in the types of rating factors they can apply in  
            setting premiums in the individual and small group markets.  
            Without a single risk pool rule, these prohibitions against  
            traditional underwriting could incentivize health plans and  
            insurers to find ways to segment the market into separate risk  
            pools and charge differential premiums based on segmented  
            risk, a de facto mechanism for underwriting. As a result, the  
            ACA requires a health plan or insurer to consider all of its  
            enrollees in all plans and policies (other than grandfathered  
            plans or policies) offered by the health plan or issuer to be  
            members of a single risk pool in the individual market or  




          SB 1446 | Page 6




            small group market, respectively, which prevents plans and  
            insurers from creating separate pools in order to segment high  
            risk and low risk enrollees. While risk adjustment will  
            address some risk segmentation, the single risk pool  
            requirement provides another layer of protection against  
            adverse selection among plans and protects consumers by  
            requiring health plans and insurers to consider the risk of  
            all enrollees when developing and pricing unique plans.

            Pursuant to the ACA, California has established Covered  
            California as a state-based exchange that is operating as an  
            independent government entity with a five-member Board of  
            Directors. California has also enacted legislation to  
            incorporate most of the federal insurance market reforms into  
            state law, including a requirement that in both the individual  
            and small group markets, coverage issued, amended, or renewed  
            on or after January 1, 2014, must be compliant with ACA  
            reforms, such as guaranteed issue, premium limits, and use of  
            a single risk pool for determining rates. 

            Prior to the ACA, California adopted AB 1672 (Margolin and  
            Hansen), Chapter 1128, Statutes of 1992, which enacted  
            guaranteed issue and renewability as well as rating and  
            pre-existing condition limitations affecting small group  
            health insurance.

          3.Plan Cancellations Individual Market.  On May 7, 2013, Covered  
            California adopted model contract requirements that require  
            participating plans, also known as QHPs, to terminate all of  
            their non--ACA compliant policies effective December 31, 2013.  
             In compliance with this requirement, QHPs began sending out  
            cancellation letters to their enrollees and insureds in late  
            September.  However, the Commissioner of CDI did not approve  
            the termination of policies of two companies under CDI's  
            jurisdiction, indicating that the cancellations were not in  
            compliance with notice requirements of existing law. For  
            people insured by these companies, cancellation periods were  
            extended to allow for adequate notice. As such, these policy  
            cancellations were permitted in February and March of 2014.   
            In addition, two carriers chose to withdraw from the market.   
            These QHP contract requirements are specific to individual  
            market health plan contracts and insurance policies, not small  
            group market contracts and policies. 

            On November 14, 2013, President Obama announced and CMS issued  
            a policy giving insurers the option to offer renewals to  




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            people in non--ACA compliant plans who were enrolled on  
            October 1, 2013. However, implementation was deferred to  
            states and is subject to state law. See below for more  
            information about the federal transitional policy.

            In response to the November 2013 federal policy option to  
            allow for renewals of insurance coverage, Covered California's  
            governing board chose to maintain its policy to require the  
            cancellations for individual market QHPs (with the exception  
            of the two CDI regulated carriers) for a number of reasons,  
            including that for the vast majority of Californians, ACA  
            coverage is better coverage. A special consumer assistance  
            unit was established to help consumers through this  
            transition.  

          4.Federal Transitional Policy.  On November 14, 2013, CMS issued  
            a letter to the State Insurance Commissioners outlining a  
            transitional policy for non-grandfathered coverage in the  
            small group and individual health insurance markets. CMS  
            announced in its November 14, 2013 letter that, if permitted  
            by applicable state authorities, health insurance issuers may  
            choose to continue certain coverage that would otherwise be  
            cancelled, and affected individuals and small businesses may  
            choose to re-enroll in such coverage. CMS further states that,  
            under the transitional policy, non-grandfathered health  
            insurance coverage in the individual or small group market  
            that is renewed for a policy year starting between January 1,  
            2014 and October 1, 2014 will not be considered out of  
            compliance with certain ACA reforms if certain specific  
            conditions are met. The ACA reforms are: 

               a.     Section 2701 (relating to fair health insurance  
                 premiums);

               b.     Section 2702 (relating to guaranteed availability of  
                 coverage); 

               c.     Section 2703 (relating to guaranteed renewability of  
                 coverage); 

               d.     Section 2704 (relating to the prohibition of  
                 pre-existing condition exclusions or other discrimination  
                 based on health status), with respect to adults, except  
                 with respect to group coverage; 





          SB 1446 | Page 8




               e.     Section 2705 (relating to the prohibition of  
                 discrimination against individual participants and  
                 beneficiaries based on health status), except with  
                 respect to group coverage;

               f.     Section 2706 (relating to non-discrimination in  
                 health care); 

               g.     Section 2707 (relating to comprehensive health  
                 insurance coverage); 
               h.     Section 2709 (relating to coverage for individuals  
                 participating in approved clinical trials); and,
               i.     Additionally, policies subject to the transitional  
                 relief are not considered to be out of compliance with  
                 section 1312(c) of the ACA (relating to the single risk  
                 pool requirement). 

            On March 5, 2014, CMS issued another letter extending the  
            transitional policy for two years - to policy years beginning  
            on or before October 1, 2016, in the small group and  
            individual market.  CMS indicates that it will consider the  
            impact of the two-year extension of the transitional policy in  
            assessing whether an additional one-year extension is  
            appropriate. CMS indicates this policy also applies to large  
            businesses that currently purchase insurance in the large  
            group market but that, as of January 1, 2016, will be  
            redefined by the ACA as small businesses purchasing insurance  
            in the small group market. 

            States that did not adopt the November 14, 2013 transitional  
            policy, and that regulate issuers whose 2013 policies renew  
            anytime between March 5, 2014 and December 31, 2014, including  
            any policies that were renewed early in late 2013, may choose  
            to implement the transitional policy for any remaining portion  
            of the 2014 policy year (i.e., this policy could apply to  
            "early renewals" from late 2013). Moreover, states can elect  
            to extend the transitional policy for a shorter period than  
            through October 1, 2016 (but may not extend it to policy years  
            beginning after October 1, 2016). Furthermore, states may  
            choose to adopt both the November 14, 2013 transitional  
            policy, as well as the extended transitional policy through  
            October 1, 2016, or adopt one but not the other, in the  
            following manner: 

               a.     For both the individual and the small group markets;  





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               b.     For the individual market only; or 
               c.     For the small group market only. 

          1.Key Issues.  According to Covered California, there are  
            250,000 employers who now offer health coverage in today's  
            small group market.  These numbers include employers with  
            grandfathered plans that were in place when the ACA was  
            enacted.  These employer-sponsored plans cover about 2.2  
            million individuals.  Based on information provided by Covered  
            California based on aggregated information from multiple  
            carriers, an estimate of how the provisions of the ACA affect  
            the small group market rates, in general, is below.  Twenty  
            percent of the employers in the total small group market  
            (employing 15% of the employees in the total small group  
            market) will see a reduction in rates on average of 10% upon  
            transitioning to ACA compliant coverage. Conversely, 20% of  
            the small group businesses (employing 30% of the employees in  
            the small group market) will see an average  rate increase of  
            35-40%.  
              Rate Impact:  Employers & Employees in Existing Small Group  
                                        Market
          
             -------------------------------------------------------------- 
            |Statewide    |Statewide       |Range of Rate  |Average        |
            |Percentage   |Percentage of   |Increases/Decre|Increase/Decrea|
            |of Small     |Affected Small  |ases (includes |se             |
            |Group        |Group Employees |4-5 percent    |               |
            |Employers    |                |medical trend  |               |
            |             |                |not due to     |               |
            |             |                |ACA)           |               |
            |-------------+----------------+---------------+---------------|
            |20 percent   |30 percent      |30-100 percent |35-40 percent  |
            |-------------+----------------+---------------+---------------|
            |60 percent   |55 percent      |0-30 percent   |14 percent     |
            |-------------+----------------+---------------+---------------|
            |20 percent   |15 percent      |-40-0 percent  |-10 percent    |
             -------------------------------------------------------------- 
             
            According to Covered California, approximately one-third of  
            the overall California small group market renews in the first  
            half of the year, and approximately 40 to 50 percent of the  
            market renews in November and December.  Employers receive  
            renewal rate information approximately 75 days prior to their  
            effective date.  Therefore notices for November renewals would  
            start going out in August.




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            It is important to keep in mind that some percentage of small  
            employers will already have converted to ACA compliant  
            coverage prior to enactment should this bill be enacted.   
            According to Covered California one-third of the market will  
            have renewed by the end of June.  Additionally, those in  
            grandfathered plans are already permitted to renew their non-  
            ACA compliant coverage.   As such it is difficult to estimate  
            how many employers and employees would be affected by this  
            bill.  The individual insurance carriers are in the best  
            position to know those numbers.

          2.Small Business Health Options.  The Small Business Health  
            Options Program (SHOP) facilitates the purchase of health  
            insurance for small-business owners. SHOP is a second  
            marketplace run by Covered California, separate from the one  
            for individuals.  In 2015, Covered California will expand this  
            program to begin offering health plans to employers with one  
            to 100 employees, for coverage beginning January 1, 2016.  
               Plans participating in the SHOP are: Blue Shield of  
            California, Chinese Community Health Plan, Health Net, Kaiser  
            Permanente, Sharp Health Plan and Western Health Advantage.   
            These plans are sold through licensed insurance agents trained  
            and certified by Covered California. SHOP is administered for  
            Covered California by Irvine-based Pinnacle Claims Management,  
            Inc., which was awarded the contract in April 2013.  The only  
            way for small-business owners to access tax credits available  
            through the ACA is to purchase insurance through Covered  
            California's SHOP. The first phase of tax credits under the  
            law goes through tax year 2013 and provides businesses with  
            fewer than 25 full-time-equivalent employees with a tax  
            credit, provided the employees make less than $50,000 a year.  
            During this first phase, qualifying employers can receive a  
            tax credit of up to 35 percent of their contribution toward  
            their employees' premium (25 percent for non-profits).  The  
            maximum tax credit increases to 50 percent (35 percent for  
            non-profits) in 2014 and is available for a total of two  
            consecutive years. Generally, businesses with 10 or fewer  
            full-time-equivalent employees and wages averaging $25,000 or  
            less a year will qualify for the maximum credits. To qualify  
            for tax credits, employers must also pay at least 50 percent  
            of employee-only premium costs.  Through March 31, 2014, 1,156  
            small businesses (representing about 4,900 employees and their  
            dependents) have enrolled for coverage. Enrollment in SHOP is  
            available year round.
            




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          3.Related legislation. AB 1507 (Logue) would authorize health  
            plans and insurers to renew individual and small group health  
            benefit plans in effect October 1, 2013, as specified, and  
            requires such coverage to be treated as "grandfathered"  
            coverage, exempt from California implementing provisions of  
            the ACA explicitly identified in this bill.  AB 1507 was never  
            heard in Assembly Health Committee.
          
          SB 959 (Hernandez) would prohibit a change in premium rate or  
            coverage for an individual plan contract or policy unless the  
            plan or insurer delivers a written notice of the change at  
            least 15 days prior to the start of the annual enrollment  
            period applicable to the contract or 60 days prior to the  
            effective date of renewal, whichever occurs earlier in the  
            calendar year.  Makes several corrections and clarifications  
            to provisions of law governing individual and small group  
            health insurance, including clarifying that health plans and  
            insurers have a single risk pool for enrollees and insureds.   
            SB 959 was placed on the Senate Appropriations suspense file. 

          4.Prior legislation. SB 639 (Hernandez), Chapter 316, Statutes  
            of 2013, codifies provisions of the ACA relating to  
            out-of-pocket maximums on cost-sharing, health plan and  
            insurer actuarial value coverage levels and catastrophic  
            coverage requirements, and requirements on health insurers for  
            coverage of out-of-network emergency services. Applies  
            out-of-pocket limits to specialized products that offer  
            essential health benefits and permits carriers in the small  
            group market to establish an index rate no more frequently  
            than each calendar quarter.

            AB 1180 (Pan), Chapter 441, Statutes of 2013, makes  
            inoperative several provisions in existing law that implement  
            the health insurance laws of the federal Health Insurance  
            Portability and Accountability Act of 1996 and additional  
            provisions that provide former employees rights to convert  
            their group health insurance coverage to individual market  
            coverage without medical underwriting. Established  
            notification requirements informing individuals affected by AB  
            1180 of health insurance available in 2014. 

            SB X1 2 (Hernandez), Chapter 2, Statutes of 2013-14 First  
            Extraordinary Session, and AB X1 2 (Pan), Chapter 1, Statutes  
            of 2013-14 First Extraordinary Session, conform California law  
            to the ACA as it relates to the ability to sell and purchase  




          SB 1446 | Page 12




            individual health insurance by prohibiting pre-existing  
            condition exclusions, establishing modified community rating,  
            requiring the guaranteed issue and renewal of health  
            insurance, and ending the practice of carriers conditioning  
            health insurance on health status, medical condition, claims  
            experience, genetic information, or other factors. The bills  
            also update the small group market laws for health plans to be  
            consistent with final federal regulations.
            
            AB 1083 (Monning), Chapter 852, Statutes of 2012, amended  
            California's small group health insurance laws to enact the  
            relevant ACA provisions, such as eliminating pre-existing  
            condition requirements and establishing premium rating factors  
            based only on age, family size, and geographic regions. AB  
            1083 permits a waiting period of no longer than 60 days;  
            requires an affiliation period under a health plan contract to  
            run concurrently with any waiting period under that contract,  
            not to exceed 60 days; and, allows a waiting period for plan  
            years on or after January 1, 2014 to be applied as a condition  
            of employment if applied equally to all full-time employees,  
            consistent with ACA and any rules, regulations, or guidance  
            issued consistent with that law.  

            SB 951 (Hernandez), Chapter 866, Statutes of 2012 and AB 1453  
            (Monning), Chapter 854, Statutes of 2012 establishes  
            California's EHBs benchmark requirements.  

          5.Support.  CDI sponsors this bill to allow pre-2014  
            nongrandfathered small group policies that were sold or  
            renewed in 2013 to be renewed through October 1, 2016.  CDI  
            writes that plans subject to this transitional policy would  
            continue to be subject to existing small group law regarding  
            premiums, risk adjustment factors, and standard employee risk  
            rates; other provisions of existing law, including the  
            prohibition against the use of preexisting condition or  
            waivered condition provisions, the prohibition against  
            establishing rules for eligibility based on health  
            status-related factors, waiting periods and disclosure  
            requirements for solicitation, and sales materials.  According  
            to CDI, the impact of the extension of policies is different  
            in the small group market than the individual market for a  
            number of reasons: 1) Pre-existing condition exclusions were  
            not permitted in the small group market prior to the ACA, and  
            so the small group market is not exposed to an influx of  
            previously uncovered lives; 2) Implementing the transitional  
            policy preserves coverage options because the ACA does not  




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            require small employers to purchase coverage for their  
            employees; 3) The transitional policy would have little impact  
            on the SHOP because it is a small part of the small group  
            insurance market; and, 4) The rate filings for the 2014 ACA  
            compliant small group products indicate that the rate changes  
            associated with adding health benefits to comply with the EHB  
            benchmark are between 0 and 2.7 percent because small group  
            coverage already includes comprehensive benefits, in large  
            part due to the state mandates that were already in place. 
            A number of employer and insurance organizations, such as the  
            California Chamber of Commerce and the California Association  
            of Health Underwriters write that this extended transitional  
            period will give small employers more time to prepare to bear  
            the costs associated with fully ACA compliant plans,  
            minimizing the potentially negative impacts this new burden  
            could have on the continuing economic recovery.

          6.Support if Amended.  The Bay Area Council writes that a one  
            year extension of non-ACA compliant plans is sufficient time  
            to assist small employers in their transition to new federal  
            regulations, but will minimize the potential negative impact  
            on ACA implementation.  Moreover, the definition of small  
            employer will grow to 100 full time equivalent employees or  
            less in January 2016, potentially putting these new entrants  
            at a significant disadvantage.  A lengthy extension of these  
            exemptions could also threaten the financial viability of the  
            SHOP exchange through Covered California by allowing a certain  
            portion of the small group market to operate under a different  
            regulatory environment.
          
          7.Concerns.  A number of employer groups, including the Silicon  
            Valley Leadership Group, Small Business California and the Los  
            Angeles Area Chamber of Commerce write that this bill could  
            considerably disrupt the small employer health insurance  
            market by fracturing the small group market with some plans  
            complying with the ACA and others operating under a different  
            set of rules.  These employer groups write that this  
            undermines the goals of the ACA and could create instability,  
            leading to higher premiums for business.  This bill would also  
            hurt the SHOP by leading to premium increases and anemic  
            enrollment until at least 2018.  SHOP is required to be  
            self-sustaining, starting in 2015, which will be difficult,  
            perhaps impossible, without strong enrollment growth  
            beforehand.  
          




          SB 1446 | Page 14




          8.Opposition.  The Small Business Majority opposes this bill  
            because it would roll back existing state law by removing  
            protections for the 2.5 million small business owners and  
            employees who purchase health coverage in the small group  
            market.  The Small Business Majority writes that as of January  
            1, 2014 state law provides additional protections to our  
            state's small entrepreneurs by guaranteeing the health  
            insurance products they purchase meet minimum standards,  
            contain limits on out-of-pocket costs and fit into  
            standardized "metal tiers" that provide more transparency when  
            shopping for insurance.  This bill proposes to undo these  
            improvements already in effect for small businesses and their  
            covered employees and delay these provisions until 2017.  This  
            would also hurt the SHOP administered by Covered California  
            because plans outside of Covered California would operate  
            under a different set of rules.  Health Access California  
            writes that this bill would undo numerous consumer protections  
            that assure that covered employees of small businesses will  
            have EHBs, limits on out-of-pocket costs, protection against  
            rescission, the ability to shop for standardized plans based  
            on apples to apples comparisons and limits on deductibles.   
            Consumers Union fears this bill will create a climate for  
            adverse selection against Covered California.
          
          9.Amendments. 
               a.     Specialized health plans and insurance policies are  
                 not subject to the authority provided under this bill.   
                 Specialized health plans are explicitly excluded in the  
                 Health and Safety Code provisions of this bill.  Because  
                 specialized health insurance policies are "excepted  
                 benefits," they are also excluded from the Insurance Code  
                 provisions.  However, to be parallel and explicit, the  
                 sponsor requests an amendment to make this clear.
               b.     The author proposes additional amendments to limit  
                 the renewal of policies to one year only and to establish  
                 specified notices to be issued by the small group health  
                 plans and health care benefit plans.

          
           SUPPORT AND OPPOSITION  :
          Support:  California Department of Insurance (sponsor)
                    Associated Builders and Contractors of California
                    California Asian Pacific Chamber of Commerce
                    California Association of Health Underwriters
                    California Chamber of Commerce
                    California Manufacturer and Technology Association




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          15


          

                    California Restaurant Association
                    California Small Business Association
                    Health Net
                    Independent Agents and Brokers of California
                    National Association of Insurance and Financial  
                    Advisors - California
                    National Federation of Independent Businesses
                    
          Oppose:   American Federation of State, County and Municipal  
                    Employees, AFL-CIO
                    Consumers Union
                    Health Access
                    Small Business Majority



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