BILL ANALYSIS Ó AB 248 Page 1 Date of Hearing: April 22, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 248 (Roger Hernández) - As Amended April 14, 2015 ----------------------------------------------------------------- |Policy |Health |Vote:|12 - 3 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 AB 248 Page 2 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 AB 248 Page 3 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. AB 248 Page 4 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