BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 248


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          Date of Hearing:  April 22, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          248 (Roger Hernández) - As Amended April 14, 2015


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:


          This bill prohibits, with specified exemptions for "limited  
          wraparound coverage," the marketing, offering, amendment, or  
          renewal of a large-group health care service plan or insurance  








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          policy that provides a minimum value of less than 60 percent of  
          expected health care costs.


          FISCAL EFFECT:


          Minor and absorbable costs to the California Department of  
          Insurance and the Department of Managed Health Care to verify  
          plans and policies comply with this requirement.  The large  
          majority of plans and policies already comply.


          COMMENTS:


          1)Purpose.  According to the author, large employers, unlike  
            individual and small employers, are not required to provide  
            essential health benefits to their workers, resulting in some  
            health insurers selling limited benefit health plans, such as  
            prevention-only or indemnity insurance to large employers,  
            primarily those with low-wage workers.  The author states that  
            through a loophole in federal law, these large employers have  
            financial incentives to offer limited benefit plans, often  
            referred to as "skinny plans," to their employees, leaving  
            workers with substandard coverage.  The author argues that  
            this bill closes this federal loophole by ensuring that a  
            limited benefit plan can only be sold as supplemental to  
            comprehensive coverage. 



          2)Employer Responsibility provisions under the federal Patient  
            Protection and Affordable Care Act (ACA) require businesses  
            with 50 or more employees to either: (a) offer affordable  
            health coverage that covers at least 60% of the total expected  
            benefits cost, or (b) pay an Employer Shared Responsibility  
            payment, if at least one of its full-time employees receives a  
            premium tax credit for purchasing individual coverage on a  








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            health insurance exchange.  The rationale for these payments  
            is to encourage businesses to maintain coverage for employees.



            If businesses do not offer coverage, the Employer Shared  
            Responsibility payment is equal to the number of full-time  
            employees for the year (minus up to 30) multiplied by $2,000.   
            If businesses do offer coverage, but the coverage does not  
            meet the minimum value, the payment is equal to 1/12 of $3,000  
            on a monthly basis, times the number of employees receiving a  
            premium tax credit for that month.  However, there are no  
            penalties for businesses whose employees are eligible for  
            coverage through Medicaid.   Thus, by offering "skinny" plans,  
            thereby providing an incentive to their employees to seek  
            coverage through Medicaid instead of accepting  
            employer-sponsored coverage, a California employer with  
            low-wage workers could, theoretically, minimize its overall  
            financial responsibility, avoiding the higher penalties  
            associated with not offering coverage at all and reducing  
            their employee health care costs by shifting their employees'  
            health care costs to Medi-Cal.  





            Furthermore, if employees accept employer-provided coverage  
            that does not meet "minimum essential coverage" requirements,  
            recent Internal Revenue Service guidance prohibits employees  
            from seeking coverage through the a state Health Insurance  
            Exchange (such as Covered California).  Thus, even a free  
            "skinny plan" offered to an employee comes with a hefty cost -  
            employees who accept it forfeit their ability to get  
            subsidized comprehensive coverage that offers true financial  
            protection.  On top of this, individuals that lack minimum  
            essential coverage are subject to a tax penalty for each month  
            in which they lacked coverage.  









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          3)Opposition. Opponents, primarily health insurance brokers,  
            state that this bill would unnecessarily bar employers from  
            combining health care insurance products to create a health  
            benefit package for their workers unless the core plan meets  
            at least 60% minimum value requirements.  Opponents argue that  
            nothing in the ACA dictates just how a large employer may  
            construct their health care benefits package in order to reach  
            60% minimum value, and that this bill inappropriately attempts  
            to stop large employers from using legally permissible  
            building blocks of coverage when the first building block is  
            not a 60% minimum value plan.  The author indicates  
            conversations are ongoing about potential ways to address this  
            concern.



          Analysis Prepared by:Lisa Murawski / APPR. / (916)  
          319-2081