BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 332 (Calderon) - Long-term care insurance
          
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          |Version: June 15, 2015          |Policy Vote: INS. 6 - 1         |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: July 6, 2015      |Consultant: Brendan McCarthy    |
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          This bill does not meet the criteria for referral to the  
          Suspense File.


          Bill  
          Summary:  AB 332 would create a task force within the Department  
          of Insurance to examine issues relating to long-term care  
          insurance.


          Fiscal  
          Impact:  One-time costs of $115,000 per year for two years to  
          provide staff support to the task force (Insurance Fund). The  
          bill prohibits the payment of per diems or other compensation  
          for participation by task force members.


          Background:  Long-term care supports and services are nonmedical services  
          that are needed when an individual is not capable of performing  
          the normal activities of daily living. Long-term term care  
          services can be provided in an individual's home or can be  
          provided in a facility, such as a skilled nursing facility.  
          Long-term care insurance is available in the state, but a  
          relatively small portion of the population has such coverage. In  







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          recent years, due to increasing claims and declining  
          participation by consumers, the premium costs for long-term care  
          insurance have increased, further reducing participation.
          For individuals who do not have long-term care insurance, when  
          such care is needed they must either spend their own money for  
          such services or (if they meet income and asset requirements)  
          apply for public coverage through the Medi-Cal program. It is  
          common for individuals who need long-term care services to  
          "spend down" their savings and income on needed long-term care  
          services until they qualify for Medi-Cal.




          Proposed Law:  
            AB 332 would create a task force within the Department of  
          Insurance to examine issues relating to long-term care  
          insurance. The bill would specify the membership of the task  
          force, including state agency directors, gubernatorial  
          appointments, and appointments by the Speaker of the Assembly  
          and the President pro Tempore of the Senate. The bill would  
          specify the issues to be addressed by the task force and require  
          the task force to report to the Governor and the Legislature by  
          January 1, 2017.


          Related  
          Legislation:  SB 1438 (Alquist, 2012) was similar to this bill.  
          That bill was held on this committee's Suspense File.


          Staff  
          Comments:  The bill requires the Department of Insurance and  
          other state departments to implement the bill within existing  
          budgetary resources. While this requirement would likely prevent  
          the Department of Insurance from requesting additional funding  
          through the annual budget act, the Department will still incur  
          costs to provide staff support to the task force. Precluding  
          additional funding will likely result in other mandated  
          activities being delayed by the Department.
          The bill requires the task force to report to the Governor and  
          the Legislature by January 1, 2017. Given the time it will take  
          to appoint the members of the task force and the time necessary  
          to adequately consider the policy issues required in the bill, a  








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          deadline of January 1, 2017 is probably not feasible.




          Recommended  
          Amendments:  Staff recommends the bill be amended to delay the  
          deadline for providing the report until July 1, 2017. Staff also  
          recommends a technical amendment to require appointment of one  
          of the task force members to be made by the Senate Rules  
          Committee rather than the President pro Tempore, per Senate  
          policy. 


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