BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON INSURANCE
                             Senator Richard Roth, Chair
                                2015 - 2016  Regular 

          Bill No:              AB 332        Hearing Date:    June 24,  
          2015
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          |Author:    |Calderon                                             |
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          |Version:   |June 15, 2015    Amended                             |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Hugh Slayden                                         |
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                         Subject:  Long-term care insurance.


           SUMMARY     Would create a task force within the California Department of  
          Insurance (CDI) to study the components necessary to design a  
          statewide long-term care insurance program and submit a report  
          to the Insurance Commissioner (IC), the Governor, and the  
          Legislature by July 1, 2017.

           
          DIGEST
            
          Existing law


            1.  Provides for the regulation of long-term care insurance by  
              the IC 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 within the Department of Health Care Services (DHCS)  
              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.







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          This bill


            1.  Creates a task force within the California Department of  
              Insurance (CDI) to be led by the Insurance Commissioner (IC)  
              for the purpose of examining the components necessary to  
              design and implement a statewide long-term care insurance  
              program.


           2.  Provides that the task force has nine members, including  
              the IC, Director of the Department of Health Care Services;  
              Director of the Department of Aging; four appointed by the  
              Governor including a certified actuary, a non-government  
              health policy expert, a representative of a long-term care  
              provider association, and a representative of a senior or  
              consumer organization; one appointed by the Speaker of the  
              Assembly from an employee representative organization; and  
              one appointed by the President pro Tempore of the Senate  
              from the long-term care insurance industry. 


           3.  Prohibits task force members from receiving per diem or  
              similar compensation for serving on the task force.


           4.  Subjects the task force to the Bagley-Keene Open Meeting  
              Act.


           5.  Makes findings and declarations related to the public  
              perception of the anticipated need for long-term care  
              services and challenges in financing those services.


           6.  Requires the task force to consider specified factors when  
              making a recommendation.


           7.  Requires CDI and any participating state agency to operate  
              within its existing budgetary resources for purposes of  
              implementing this section.








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           8.  Requires the task force to recommend options regarding the  
              program, comment on the program flexibility, and make  
              recommendations on key regulatory provisions regarding  
              existing insurance programs in a report submitted to the IC,  
              Governor, and Legislature on or before January 1, 2017.


           9.  Permits the IC to seek private funds for purposes of  
              implementing this section.


           10. Sunsets on January 1, 2019.


           COMMENTS
            
          1.  Purpose of the bill   According to the author, California  
              does not have an option for middle class seniors and persons  
              with disabilities to obtain affordable long-term care.  
              Currently, there are two options for the elderly to receive  
              the care and personal assistance they need to remain in  
              their home. First, a person must meet the federal income  
              requirements, proving they earn wages 100% below poverty  
              level to qualify for Medi-Cal and/or Medicaid. 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 (IHSS). 

              Secondly, the author points out that a person must earn  
              and/or save enough disposable income to hire a private home  
              care aide - at times paying an average of $30 per hour, to  
              receive long-term care services. Without an alternative(s)  
              to obtain long-term care, the aging middle class must decide  
              whether to spend down their assets in order to qualify for  
              Medi-Cal and safety net services or to exhaust their  
              personal assets paying for private care services. 

              The author further notes that California's senior  
              population, aged 60 or older, is projected to grow to 12  
              million residents by 2030. 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  








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

           2.  Background   Long-term care support and services are the  
              nonmedical services required when a person is unable to take  
              care of themselves.  The services are covered by long-term  
              care insurance (LTCI).  

              But LTCI has had a volatile history due, in major part, to  
              the challenges of designing and pricing products that  
              accurately anticipate potential losses decades into the  
              future.  As a means of financing long-term care services,  
              LTCI is looking less and less viable, particularly for  
              middle and lower-income people.  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  
              LTCI premiums either before or, especially, during  
              retirement.

              In January of this year, the Senate Select Committee on  
              Aging and Long Term Care ("Senate Select Committee") chaired  
              by Senator Liu released a report, A Shattered System:  
              Reforming Long-Term Care in California that discusses  
              California's fragmented system of providing long-term care  
              and makes several recommendations related to the  
              organization and improvement of existing programs.  AB 332  
              is only one bill of a package of over 30 proposals  
              implementing the report's recommendations.  

              According to the Senate Select Committee report, in  
              California, the number of individuals age 65 and older is  
              projected to increase almost 100% in the next 20 years.  The  
              burgeoning need for long-term care services for both the  
              elderly and dependent adults and children remains a pressing  
              public policy concern.  Demographic trends starkly  
              demonstrate the need for access to services, but only a  








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              small portion of the population purchase LTCI policies.

              These challenges are no surprise to LTCI carriers; every  
              year fewer carriers are actively issuing new policies.  Some  
              insurers are exploring options to traditional LTCI that may  
              make coverage more affordable.  Some life and disability  
              insurers offer alternative products that provide cash  
              benefits while the insured suffers from a qualifying  
              disability.  At least one LTCI carrier has publicly  
              expressed interest in developing a public-private  
              partnership that would coordinate an affordable private  
              policy that offers coverage for the first years of need with  
              a public program that provides long-term support once the  
              private benefits are exhausted. 

              California has a similar program through the California  
              Partnership for Long-Term Care ("Partnership") in DHCS.   
              These policies coordinate LTCI benefits with Medi-Cal  
              eligibility by offering "lifetime asset protection" meaning  
              that for every dollar the policy pays in benefits the  
              insured has one less dollar to "spend down" to qualify for  
              Medi-Cal.  These companies have agreed to offer policies  
              that meet stringent requirements set by the Partnership.   
              But better benefits means higher costs.  The Partnership  
              program is not viewed as solution to finance services for  
              middle class consumers who cannot afford the underlying  
              policy.  Reflecting trends in LTCI generally, there are  
              fewer insurers participating and sales have dropped  
              significantly over the last several years.

              Recent Collaborative Efforts.  The federal Patient  
              Protection and Affordable Care Act established the Community  
              Living Assistance Services and Supports program (CLASS).   
              The CLASS program was intended to be a national, voluntary  
              insurance program designed to cover long-term care services  
              and support.  However, the federal government determined  
              that the national program established under the CLASS Act  
              would not be viable.  Without a federal solution, the states  
              will have to address this pressing need.  

              Along with the efforts by the Senate Select Committee,  
              several formal and informal working-groups have developed  
              recently to address the issue of financing long-term care  
              services and grown increasingly active.  








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                   Last fall, an informal group that included  
                representatives from the LTCI industry, DHCS, consumer  
                advocates legislative staff, and others met several times  
                to discuss LTCI reform proposals, including those related  
                to the standards applicable Partnership policies.  


                   Last April, the Assembly Committee on Aging and  
                Long-term Care, the Senate Select Committee, and the  
                Senate Human Services Committee held a joint hearing to  
                examine long-term care financing options.  (Both the  
                Assembly and Senate Insurance Committees participated by  
                contributing background material related to LTCI.) 


                   LeadingAge, a nonprofit organization representing  
                not-for-profit organizations that provide aging services,  
                has been holding stakeholder meetings that have included  
                consumer groups, legislative staff, industry and public  
                representative, nonprofit service providers, and others,  
                in order to develop state and federal proposals.  


              A consistent theme running through all of these discussions  
              has been focused on the middle class.  When LTCI was  
              underpriced, LTCI appeared to be a viable option.  Since  
              rates have increased to more realistic levels, it has become  
              increasingly clear that it will likely be beyond the reach  
              of many in the middle class, even those who will not qualify  
              for Medi-Cal/Medicaid.  


              Recognizing the challenges of expanding existing entitlement  
              programs, discussions have explored ways for people with  
              low- to middle-incomes to take advantage of existing  
              resources (without spending themselves to poverty-level),  
              provide necessary, but affordable benefits (particularly  
              in-home care), and encourage lower-cost options to  
              traditional LTCI.  At this time, however, these discussions  
              lack a forum where proposals may be vetted by all necessary  
              stakeholders and prepared as a proposal to the Legislature.   









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              Long-term Care Task Force.  This bill would create a task  
              force within CDI to consider the feasibility and components  
              of a statewide long-term care insurance program.  The  
              membership includes stakeholders from state government, the  
              insurance industry, caregivers, and others.  

              The author pursues a statewide program funded by participant  
              contributions and related proposals as vehicles to address  
              the long-term care financing options for the middle-class.   
              While the framework of the proposal is posed as a public  
              program in addition to or similar to State Disability  
              Insurance, it is also intended to maximize the potential for  
              private solutions, as well as consider potential reforms to  
              existing regulations that may increase availability of fully  
              private options.  For that reason, the participants have  
              been chosen to reflect critical issue areas: the IC and  
              insurance industry to address LTCI standards and the  
              potential for public/private proposals; the directors of  
              DHCS and Department of Aging to consider the potential  
              interaction with existing public programs; caregiver  
              representatives to provide input relative to the  
              availability of affordable services; an actuary to offer  
              considerations as to feasibility; and others.

           1.  Support  

              California Health Advocates (CHA) states that neither  
              privately purchased insurance nor the state's Medi-Cal  
              program can solve the financing dilemma for this kind of  
              care alone.  Commercial insurance is medically underwritten,  
              expensive, subject to huge premium increases, and  
              discriminates in pricing against women, while Medi-Cal is  
              faced with growing numbers of people who are or will become  
              poor.  Neither of these constitutes a way for the majority  
              of people to plan and pay for long term care.  CHA supports  
              this bill because it would create a forum to explore the  
              potential for a groundbreaking, fiscally sound options that  
              combine and integrate multiple payments sources to finance  
              long term care.   

              LeadingAge California believes that AB 332 will provide a  
              platform for expanding long-term care insurance options in  








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              California, which is an essential part of the solution to  
              solving long-term care financing.

           2.  Opposition  

              None received
               
          3.  Prior and Related Legislation    


              SB 1438 (Alquist, 2012), proposed a task force similar to  
              that proposed by AB 332.  Held in the Senate Appropriations  
              Committee.


              AB 999 (Yamada), Chapter 627, Statutes of 2012, revised LTCI  
              oversight to enhance consumer information and revise rate  
              calculation requirements.


              AB 1553 (Yamada, 2014) would have prohibited the use of  
              gender as a factor to determine the premium for LTC  
              insurance. Held in the Assembly Insurance Committee.
           

          POSITIONS
            
          Support
           
          California State Council of the Service Employees International  
          Union (Co-sponsor)
          United Long-Term Care Workers (Co-sponsor)
          California Commission on Aging
          California Health Advocates
          California State Retirees
          LeadingAge California
          Marin County Board of Supervisors
          Older Women's League (OWL)
          Organization of SMUD Employees
          San Bernardino Public Employees Association
          San Luis Obispo County Employees Association
          United Domestic Workers of America-UDW/AFSCME Local 3930
           









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          Oppose
               
          None received

                                      -- END --