BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                   THIRD READING 


          Bill No:  AB 248
          Author:   Roger Hernández (D), et al.
          Amended:  6/29/15 in Senate
          Vote:     21  

           SENATE HEALTH COMMITTEE:  6-2, 6/24/15
           AYES:  Hernandez, Mitchell, Monning, Pan, Roth, Wolk
           NOES:  Nguyen, Nielsen
           NO VOTE RECORDED:  Hall

           SENATE APPROPRIATIONS COMMITTEE:  Senate rule 28.8

           ASSEMBLY FLOOR:  51-27, 4/30/15 - See last page for vote

           SUBJECT:   Health insurance: minimum value: large group market  
                     policies


          SOURCE:    Health Access California

          DIGEST:   This bill prohibits non-grandfathered health plans or  
          health insurers that offer, amend, or renew a large group health  
          plan contract or health insurance policy from marketing,  
          offering, amending, or renewing a large group plan contract or  
          health insurance policy that provides a minimum value of less  
          than 60%.  

          ANALYSIS: 
          
          Existing law:

          1)Enacts, in federal law, the Affordable Care Act (ACA) to,  
            among other things, impose a penalty on employers, with at  
            least 50 full-time employees, that do not offer qualifying  
            coverage of minimum value (which means the plan's share of the  








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            total allowed costs of benefits provided under the plan is  
            less than 60% of such costs), or that offer coverage that is  
            not affordable (employee's premium is more than 9.5% of annual  
            household income) if at least one full-time employee qualifies  
            for premium tax credits to purchase insurance in a health  
            benefit exchange.  

          2)Applies the employer responsibility provisions described above  
            to firms with 100 or more full-time equivalent employees  
            starting in 2015 and employers with 50 or more full-time  
            equivalent employees starting in 2016.

          3)Requires effective January 1, 2014, that all individuals with  
            access to affordable coverage have minimum essential coverage  
            or pay a penalty of $325 or 2% of income for 2015, $695 or  
            2.5% of income (up to a cap of the premium for a Bronze plan)  
            for 2016, and caps adjusted by increases in cost of living  
            after 2016.

          4)Establishes as minimum essential coverage, health insurance  
            coverage provided by an employer, health insurance purchased  
            through an exchange, coverage provided under a  
            government-sponsored program (including Medicare, Medicaid,  
            and health care programs for veterans), health insurance  
            purchased directly from an insurance company, and other health  
            insurance coverage that is recognized by the Department of  
            Health and Human Services (HHS) as minimum essential coverage.

          5)Requires employers with over 50 employees to report to HHS  
            whether it offers minimum essential coverage to its employees  
            and their dependents.

          6)Defines grandfathered plans as coverage in place in 2010 when  
            the ACA was enacted.

          7)Provides, in state law, for the regulation of health plans by  
            the Department of Managed Health Care under the Knox-Keene  
            Act, including a requirement that health plans cover basic  
            health care services such as physician, inpatient and  
            ambulatory services, and provides for the regulation of health  
            insurers by the California Department of Insurance under the  
            Insurance Code.








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          8)Establishes California's Health Benefit Exchange (Covered  
            California) as an independent entity in state government not  
            affiliated with any state agency or department, governed by a  
            five member board.  Requires the Covered California board to  
            establish and use a competitive process to select  
            participating carriers and other contractors.  

          This bill:

          1)Prohibits a non-grandfathered health plan or health insurer  
            that offers, amends, or renews a large group health plan  
            contract or health insurance policy from marketing, offering,  
            amending, or renewing a large group plan contract or health  
            insurance policy that provides a minimum value of less than  
            60%.  

          2)Excludes from the prohibition in 1) above a health plan  
            offering a specialized health plan contract, or an insurer  
            issuing a specialized health insurance policy.  Excludes  
            limited wraparound coverage, as specified, otherwise referred  
            to as "excepted benefits" such as accidental death or  
            dismemberment coverage or disability income coverage.   
            Excludes a grandfathered health insurance policy that provides  
            basic health care services, as defined, without annual or  
            lifetime limits for any of the basic health care services.

          3)Finds and declares that an employee of a large employer who  
            accepts health coverage from his or her employer that is less  
            than 60% minimum value is barred by federal guidance from  
            obtaining federal tax credits for affordable health coverage  
            through Covered California.

          4)States legislative intent in enacting this act to ensure that  
            employees of large employers who are offered health coverage  
            by their employers are offered coverage that meets or exceeds  
            60% minimum value, the minimum standard for comprehensive  
            employer coverage under federal law. This requirement applies  
            if an employer purchases that health coverage from a health  
            plan or health insurer regulated by the State of California.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  








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          Com.:YesLocal:   Yes


          SUPPORT:   (Verified7/15/15)


          Health Access California (source)
          American Federation of State, County and Municipal Employees,  
          AFL-CIO
          Anthem Blue Cross
          Blue Shield of California
          California Black Health Network
          California Conference Board of the Amalgamated Transit Union
          California Conference of Machinists
          California Immigrant Policy Center
          California Labor Federation
          California Nurses Association
          California Pan-Ethnic Health Network
          California Professional Firefighters 
          California School Employees Association 
          California State Council of the Service Employees International  
          Union
          California Teachers Association
          California Teamsters Public Affairs Council
          Community Clinic Association of Los Angeles County
          Consumers Union
          Engineers & Scientists of California
          International Longshore & Warehouse Union
          Laborers' International Union of North America Local 777
          Laborers' International Union of North America Local 792
          Professional & Technical Engineers
          UNITE-HERE, AFL-CIO
          Utility Workers Union of America
          Western Center on Law and Poverty


          OPPOSITION:   (Verified7/15/15)


          California Association of Health Underwriters 
          California Association of Small Employer Health Plans 
          Independent Insurance Agents and Brokers of California 








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          National Association of Insurance and Financial Advisors of  
          California

          ARGUMENTS IN SUPPORT:  Health Access California, the sponsor of  
          this bill, writes that the rules for large employers are  
          different than the rules for small businesses: small businesses  
          can only purchase coverage that is at least 60% actuarial value.  
           Large employers that offer subminimum coverage to their  
          employees and dependents avoid the employer responsibility  
          penalty and their employees are not eligible for tax credits  
          because they have employer-sponsored coverage. Guidance issued  
          by the Internal Revenue Service means that if a large employer  
          offers coverage that "fails to provide minimum value" and the  
          employee accepts that subminimum coverage, the employer escapes  
          the employer penalty and the employee is not eligible for the  
          premium tax credit.  Blue Shield of California writes that this  
          bill will protect working Californians from being offered  
          substandard health insurance coverage by ensuring that a limited  
          benefit plan can only be sold as supplemental to comprehensive  
          insurance.  Anthem Blue Cross believes these limited benefit  
          plans place their provider partners at much greater risk of bad  
          debt and also places consumers in a position where they are more  
          likely to not understand what their coverage includes.  The  
          California Professional Firefighters writes that this bill  
          protects workers from being offered on-the-job coverage that is  
          below the minimum value standards.  The California School  
          Employees Association makes sure that these barebones plans will  
          not be offered instead of comprehensive health coverage and, if  
          offered at all, they must be supplemental to comprehensive  
          coverage.


          ARGUMENTS IN OPPOSITION:  The California Association of Health  
          Underwriters (CAHU), the Independent Insurance Agents and  
          Brokers of California (IIABCal), the National Association of  
          Insurance and Financial Advisors of California (NAIFA  
          California), and the California Association of Small Employer  
          Health Plans (CASEHP) write that this bill makes providing  
          health care even more expensive for large employers by insisting  
          the employer-plan hit 60% minimum value before other products  
          can be added.   This bill negatively impacts employers with  
          multi-state operations as they would have to have a different  








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          health plan for one state versus all 49 other states, and that  
          nothing in the ACA dictates just how a large employer may  
          construct their health benefit package in order to reach the 60%  
          minimum value.  There are a number of health care products of  
          varying types that can be placed together to create a health  
          care package that meets the minimum value requirements of the  
          ACA.  CAHU, NAIFA, IIABCal and CASEHP believe this bill  
          inappropriately attempts to stop large employers from using  
          legally permissible building blocks of coverage because the  
          first building block is not a 60% minimum value plan.

          ASSEMBLY FLOOR:  51-27, 4/30/15
          AYES:  Alejo, Bloom, Bonilla, Bonta, Brown, Burke, Calderon,  
            Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman,  
            Frazier, Cristina Garcia, Eduardo Garcia, Gipson, Gomez,  
            Gonzalez, Gordon, Gray, Roger Hernández, Holden, Irwin,  
            Jones-Sawyer, Levine, Lopez, Low, McCarty, Medina, Mullin,  
            Nazarian, O'Donnell, Perea, Quirk, Rendon, Ridley-Thomas,  
            Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting,  
            Waldron, Weber, Williams, Wood, Atkins
          NOES:  Achadjian, Travis Allen, Baker, Bigelow, Brough, Chang,  
            Dahle, Beth Gaines, Gallagher, Gatto, Grove, Hadley, Harper,  
            Jones, Kim, Lackey, Linder, Maienschein, Mathis, Mayes,  
            Melendez, Obernolte, Olsen, Patterson, Steinorth, Wagner, Wilk
          NO VOTE RECORDED:  Campos, Chávez

          Prepared by:Teri Boughton / HEALTH / 
          7/15/15 16:05:22


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