BILL ANALYSIS Ó HR 26 Page 1 Date of Hearing: July 14, 2015 ASSEMBLY COMMITTEE ON HEALTH Rob Bonta, Chair HR 26 (Low) - As Introduced June 24, 2015 SUBJECT: Department of Managed Health Care. SUMMARY: Commends the Department of Managed Health Care (DMHC) on 15 years of operation. Specifically, this resolution: 1)Commends the DMHC for 15 years of operation on behalf of California's patients. 2)Encourages all Californians to learn about their legal right to timely access to high quality health care. 3)Authorizes the Chief Clerk of the Assembly transmit copies of this resolution to the author for appropriate distribution. EXISTING LAW: 1)Establishes the DMHC, effective January 1, 2000, to protect consumer health care rights and ensure a stable health care delivery system. HR 26 Page 2 2)Establishes the Knox-Keene Health Care Service Plan Act of 1975 (Knox-Keene Act), the body of law governing health care service plans which provides for the licensure and regulation plans by DMHC. FISCAL EFFECT: None COMMENTS: 1)PURPOSE OF THIS RESOLUTION. According to the author, this resolution is an important recognition of DMHC and its 15 years of operation on behalf of California's patients. DMHC has provided invaluable service to the people of California in protecting patients' rights and navigating the changing health care landscape. The author notes the importance for all Californians to learn about their legal rights to timely access to high quality health care and to appreciate DMHC's continued commitment to this issue. 2)BACKGROUND. DMHC licenses and regulates health maintenance organizations and some preferred provider organizations. As an organization designed for consumer protection, the mission of DMHC is to regulate and provide quality of care and fiscal oversight of plans. DMHC achieves this mission, in part, by administering and enforcing the Knox-Keene Act. DMHC performs medical surveys of all of the Medi-Cal Managed Care plans with a Knox-Keene Act license every three years, also evaluating the plans' compliance with Knox-Keene Act licensure requirements, including quality of care, and overall performance in providing health care benefits and meeting the health care needs of enrollees. In its audits, DMHC reviews HR 26 Page 3 numerous aspects of plan operation and performance, including plan utilization management, access and availability of services, quality management, grievances and appeals, case management and coordination of care, access to emergency services and payment, and prescription drug benefits and authorization process. DMHC monitors and evaluates the financial viability of health plans to ensure continued access to health care services for the enrollees/patients of California. This is accomplished by reviewing financial statements, analyzing financial arrangements and other information submitted as part of the licensing, material modification, and amendment process; and by performing routine and non-routine examinations. DMHC reviews proposed health plan premium rate increases, analyzes the justification for such increases, educates the public to expand consumer understanding of how premium rates are established and promotes more accountability within the health care industry. It also monitors the financial stability of Risk Bearing Organizations through the analyses of financial data and corrective action plans. DMHC investigates and provides meaningful and appropriate regulatory resolutions to claim payment disputes through identifying unfair payment practices and unfair billing patterns. In order to provide direct consumer assistance, DMHC also operates the Help Center, which provides information to consumers enrolled in Knox-Keene Act licensed plans, and assists them in resolving complaints, including complaints involving plan denials of services based on medical necessity or coverage decisions. According to a 2001 report by the California HealthCare Foundation, entitled "Making Sense of Managed Care Regulation in California," as providers, consumers, and consumer advocates witnessed dramatic changes in health care delivery precipitated by growth in managed care throughout the 1980's, HR 26 Page 4 they increasingly sought legislative and regulatory changes in how managed care plans operated and were regulated. In 1999, the Legislature passed a series of managed care reforms, including AB 78 (Gallegos), Chapter 525, Statutes of 1999, which created DMHC. Additionally, a number of other bills referred to by consumer advocates as the "Patient Bill of Rights," were enacted that same year, and included protections such as guaranteed coverage for second opinions; time limits on utilization review and mandated disclosure of criteria health plans use in denying coverage; independent medical review to resolve disputes related to denials, delays, or modifications of coverage; and, standards to assure the plan solvency. Over the years, the Knox-Keene Act has been amended to include additional consumer protections, including requirements relating to timely access and provider networks. Additionally, the recent passage of the Patient Protection and Affordable Care Act (ACA) enacted numerous insurance market reforms for health plans to meet and for DMHC to enforce. 3)PREVIOUS LEGISLATION. a) AB 78 established a new Department of Managed Care (DMC) and transferred the regulation of health care service plans from the Department of Corporations to DMC. b) AB 138 (Knox), Chapter 941, Statutes of 1975, created the Knox-Keene Act which transferred regulation of health care service plans from the Attorney General to the Commissioner of the Department of Corporations. Enacted standards related to basic health care services, administrative and financial systems, marketing and advertising, forms for plan contracts issued, among other things. HR 26 Page 5 REGISTERED SUPPORT / OPPOSITION: Support None on file. Opposition None on file. Analysis Prepared by:Rylan Gervase / HEALTH / (916) 319-2097 HR 26 Page 6