BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 332


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          Date of Hearing:   April 8, 2015


                           ASSEMBLY COMMITTEE ON INSURANCE


                                   Tom Daly, Chair


          AB 332  
          (Calderon) - As Introduced February 13, 2015


          SUBJECT:  Long-term Care Insurance Task Force


          SUMMARY:  Establishes a task force to design a statewide, public  
          long-term care insurance program.  Specifically, this bill:  


          1)Requires the Insurance Commissioner (commissioner) to appoint  
            a task force to design a statewide long-term care (LTC)  
            insurance program.


          2)Requires the task force to explore the following aspects of  
            the program:


               a)     Program design options for eligibility, enrollment,  
                 benefits, financing, administration and interaction with  
                 Medi-Cal and other public programs.


               b)     The feasibility of including a LTC benefit in the  
                 State Disability Insurance program (SDI).


               c)     Payroll deductions for premiums.








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               d)     Mandatory enrollment options.


               e)     Coordination of benefits with other private  
                 insurance.


               f)     Impact on the LTC workforce.


          1)Requires the commissioner to appoint senior health policy and  
            LTC insurance stakeholders to the task force including one  
            representative of a labor union representing LTC workers, the  
            Department of Health Care Services, and the Employment  
            Development Department.


          2)Requires the Department of Insurance and other participating  
            governmental agencies to fund the task force with existing  
            resources.


          3)Requires the task force to issue its report on or before  
            January 1, 2017.


          4)Permits the commissioner to seek private funds to pay for the  
            task force.


          5)Makes numerous findings and declarations regarding LTC costs. 


          EXISTING LAW:  


           1) Provides for the regulation of LTC insurance by the  








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             commissioner and prescribes various requirements and  
             conditions governing the delivery of individual or group  
             long-term care insurance in the state.

           2) Establishes the California Partnership for Long-Term Care  
             Program to link private long-term care insurance and health  
             care service plan contracts that cover long-term care with  
             the In-Home Supportive Services program and Medi-Cal and to  
             provide Medi-Cal benefits to certain individuals who have  
             income and resources above the eligibility levels for receipt  
             of medical assistance, but who have purchased certified  
             private long-term care insurance policies and subsequently  
             exhausted the benefits of these private policies.

          FISCAL EFFECT:  Undetermined


          COMMENTS:  


           1)Purpose of the Bill  .  According to the author, Californian's  
            have two options for the elderly to receive the care and  
            personal assistance they need to remain in their home.  The  
            first is for a person to qualify for Medi-Cal.  By qualifying  
            for Medi-Cal, seniors and persons with disabilities may  
            qualify for many programs administered by the state such as  
            In-Home Supportive Services.  The second option is for a  
            person to earn and/or save enough disposable income to hire a  
            private home care aide or pay for residential care.  Recent  
            public opinion research shows over 60 percent of working  
            adults fear they will not be able to afford long-term care and  
            health care costs during their golden years. The majority of  
            participants indicated they could not afford more than 3  
            months of care at a nursing facility with an average cost of  
            $6,000 per month, while 40 percent of participants indicated  
            they could not afford a single month of care in a nursing  
            home.  Among the Latino population, 88 percent of participants  
            do not have long-term care insurance and are unaware if they  
            qualify for public benefits.  A long-term care insurance task  








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            force would be the first step towards building a robust  
            long-term care system in California.



           2)Long Term Care  .  LTC services provide individuals who, because  
            of illness or disability, are generally unable to perform  
            activities of daily living, such as bathing, dressing,  
            toileting, and getting around the house, or suffer from  
            cognitive impairments.  LTC services are provided in a variety  
            of settings, such as nursing homes, assisted living  
            facilities, and private residences.  Only about 20 percent of  
            the elderly who need LTC services live in an institutional  
            setting.  The roughly 80 percent living in the community  
            primarily live in private homes, but a small number live in  
            residential communities catering to the needs of elderly  
            people.  For those living at home, most receive assistance  
            from unpaid family members and friends (referred to as  
            informal care) while some pay for assistance (referred to as  
            formal care) from home health aides.  Elderly people with  
            severe functional and cognitive limitations who require  
            around-the clock assistance often live in institutional  
            settings.  According to data from the Medicare Current  
            Beneficiary Survey, the elderly nursing home population has  
            declined over the past 10 years as more elderly people are  
            living in residential care facilities, community-based housing  
            with supportive services, and in their homes.  

           3)Retirement Readiness  .  It is well accepted that the average  
            American worker has inadequate retirement savings. A worker is  
            considered to be at risk for serious economic hardship in old  
            age if his or her retirement income falls under 200% of the  
            poverty threshold for individuals.   A study of retirement  
            readiness published in 2011 by the UC Berkeley Center for  
            Labor Research and Education found that 47% of Californians  
            are projected to have retirement incomes below 300% of the  
            poverty level ($34,470 in 2013).  Individuals who have not  
            been able to save enough to provide adequate retirement income  
            are unlikely to be able to support the added cost of LTC  








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            insurance premiums either before or, especially, during  
            retirement.  Individuals with low retirement incomes who need  
            LTC services are most likely going spend down their assets and  
            rely on Medi-Cal to pay for those services.  

           4)How is LTC Paid For  ?  More than half of LTC services are  
            provided as informal care.  The Congressional Budget Office  
            estimates that the value of informal care provided in 2011 was  
            approximately $234 billion.  Of the $192 billion spent on  
            formal LTC services in 2011 roughly two-thirds is paid by  
            Medicare and Medicaid (with the remainder paid out-of-pocket  
            by consumers or by private insurance).  Medi-Cal (sometimes  
            with a little Medicare added in) is the de facto LTC insurance  
            policy for those who aren't wealthy enough to afford LTC  
            insurance premiums or to pay LTC costs out-of-pocket.   
            Creating a public LTC insurance product as envisioned by the  
            bill would be protective of the state General Fund (which pays  
            for 50% of Medi-Cal costs for most recipients) to the extent  
            that consumers elect to buy the insurance.  However, given  
            that a reasonably affordable LTC policy will cover only a part  
            of the LTC expenses for most people, it is likely that a great  
            many of those who buy the policy will spend down their assets  
            and become Medi-Cal eligible at some point.  For most  
            Californians, buying an LTC insurance policy shifts the  
            financial burden for the LTC services away from the General  
            Fund and onto the individual.  



           5)Problems in the LTC Market  .  The long-term care insurance  
            marketplace is problematic for both insurers and consumers.   
            In the past five years 10 of the top 20 LTC insurers have  
            stopped selling new LTC policies.  Insurers have struggled  
            with setting premiums adequate to cover their costs in the  
            absence of sufficient claims data.  LTC insurance is a  
            relatively new product that requires years of paying premiums  
            before claims are made.  Only in recent years have the  
            insurers begun to receive claims for many of the policies sold  
            early on, and those claims have been much higher than the  








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            insurers anticipated.  In addition to misjudging the cost of  
            claims, insurers have struggled with anticipating policy lapse  
            rates, LTC inflation, and life span increases.  All of those  
            factors, and others, have led to LTC insurance being much more  
            expensive than previously expected.  The early mistakes in  
            pricing LTC policies has led to rounds of major premium  
            increases which adds marketing challenges to a product that is  
            already, according to insurance agents, difficult to sell.   
            CalPERS is a recent example of an LTC insurer that  
            underestimated the cost of insuring LTC.  It has pushed  
            through multiple premium increases (30% in 2003, 43.8% in  
            2007, and 85% in 2015) in an attempt to set premiums in line  
            with its costs.  While premium increases of this size are  
            difficult to absorb for those who are still working, it can be  
            impossible for retirees on a fixed income to absorb the higher  
            premiums.
             
             Genworth is the largest issuer of private LTC insurance and it  
            has suffered massive financial losses on the product in the  
            past year.  It has added nearly $1 billion to the loss  
            reserves for its LTC policies and has had its bonds reduced to  
            junk status by multiple rating agencies. These losses are  
            occurring despite Genworth having significantly increased the  
            premiums charged for its existing policies.  Losses in LTC  
            insurance previously caused both MetLife and Prudential to  
            exit the market.  



           6)Previous Legislation  .  A very similar bill was introduced in  
            2002 (SB 1438 by Senator Alquist) and was held on the Senate  
            Appropriations Committee suspense file.  



           7)CLASS Act  .  The federal Patient Protection and Affordable Care  
            Act (also known as Obamacare) established the Community Living  
            Assistance Services and Supports program (CLASS).  The CLASS  
            program was intended to be a national, voluntary insurance  








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            program designed to provide assistance to qualified  
            individuals to obtain help with many basic daily living  
            activities.  On October 14, 2011, the federal Department of  
            Health and Human Services announced that the CLASS Act was not  
            financially viable.  The CLASS Act was subsequently repealed.  
           


          REGISTERED SUPPORT / OPPOSITION:




          Support


          California State Council of the Service Employees International  
          (co-sponsor)


          United Long-Term Healthcare Workers (co-sponsor)


          Congress of California Seniors (CCS)


          United Domestic Workers of America




          Opposition


          None received












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          Analysis Prepared by:Paul Riches / INS. / (916) 319-2086