BILL ANALYSIS                                                                                                                                                                                                    Ó



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          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.









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          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  








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            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,  








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            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.








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          REGISTERED SUPPORT / OPPOSITION:




          Support


          None on file.




          Opposition


          None on file.




          Analysis Prepared by:Rylan Gervase / HEALTH / (916) 319-2097




















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