BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 332|
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                                    THIRD READING


          Bill No:  AB 332
          Author:   Calderon (D)
          Amended:  7/7/15 in Senate
          Vote:     21  

           SENATE INSURANCE COMMITTEE:  6-1, 6/24/15
           AYES:  Roth, Glazer, Hernandez, Liu, Mitchell, Wieckowski
           NOES:  Berryhill
           NO VOTE RECORDED:  Gaines, Hall

           SENATE APPROPRIATIONS COMMITTEE:  5-0, 7/6/15
           AYES:  Lara, Beall, Hill, Leyva, Mendoza
           NO VOTE RECORDED:  Bates, Nielsen

           ASSEMBLY FLOOR:  59-16, 5/11/15 - See last page for vote

           SUBJECT:   Long-term care insurance


           SOURCE:    California State Council of the Service Employees  
                     International Union and United Long-Term Care Workers

          DIGEST:   This bill creates 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 with its recommendations to the Insurance  
          Commissioner (IC), the Governor, and the Legislature by July 1,  
          2017.

          ANALYSIS:

          Existing law:









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          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.

          This bill:

          1)Creates a task force within the CDI to be led by the 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 (DHCS);  
            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 Senate Committee on Rules 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)Makes findings and declarations related to the public  
            perception of the anticipated need for long-term care services  
            and challenges in financing those services.

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

          6)Requires CDI and any participating state agency to operate  
            within its existing budgetary resources for purposes of  







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            implementing this section.

          7)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 July 1, 2017.

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

          9)Sunsets on January 1, 2019.

          Background
          
          Long-term care support and services are the nonmedical services  
          needed by a person unable to take care of him or herself.  The  
          services are expensive and may be covered by long-term care  
          insurance (LTCI).  But LTCI is looking less viable as a  
          financing means 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.

          In January of this year, the Senate Select Committee on Aging  
          and Long Term Care released a report finding that California has  
          fragmented system of providing long-term care.  The report notes  
          that the number of individuals age 65 and older in California is  
          projected to increase almost 100 percent in the next 20 years.   
          Despite the burgeoning need for long-term care services for both  
          the elderly and dependent adults and children, only a small  
          portion of that population have purchased, or can afford, LTCI  
          policies.

          This bill creates a task force within CDI to consider the  
          feasibility and components of building a statewide long-term  
          care insurance program.  While the framework of the proposal is  
          posed as a public program, it is also designed to explore the  
          potential for private solutions, as well as consider potential  
          reforms to existing regulations that may increase availability  
          of fully private options.  Participants have been chosen to  
          reflect critical issue areas: the IC and insurance industry to  
          address LTCI standards and the potential for public/private  
          partnerships; the directors of DHCS and Department of Aging to  







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          consider the potential interaction with existing public  
          programs; caregiver representatives to provide input relative to  
          the availability of affordable services; and others.

          SB 1438 (Alquist, 2012) proposed a similar task force, but was  
          held in the Senate Appropriations Committee.  AB 332 takes a  
          broader approach by inviting greater private sector  
          participation. 
          
          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No

          According to the Senate Appropriations Committee, this bill  
          involves one-time costs of $115,000 per year for two years to  
          provide staff support to the task force (Insurance Fund).


          SUPPORT:   (Verified7/8/15)


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


          OPPOSITION:   (Verified7/8/15)


          None received


          ARGUMENTS IN SUPPORT:     According to the author, California  







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          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.  
          To qualify for the first option, a person must meet the federal  
          income requirements, proving they earn wages 100 percent below  
          poverty level to qualify for Medi-Cal or Medicaid and, in turn,  
          qualify for many programs administered by the state such as  
          In-Home Supportive Services (IHSS).   Otherwise, a person must  
          earn or save enough disposable income to hire a private home  
          care aide - at times paying an average of $30 per hour.  Without  
          alternatives, the aging middle class must decide whether to  
          spend down their assets in order to qualify for safety net  
          services or exhaust personal assets. 


          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 groundbreaking, fiscally sound options that  
          combine and integrate multiple payments sources to finance long  
          term care.   


           

          ASSEMBLY FLOOR:  59-16, 5/11/15
          AYES:  Achadjian, Alejo, Bloom, Bonilla, Bonta, Brown, Burke,  
            Calderon, Campos, Chau, Chiu, Chu, Cooley, Cooper, Dababneh,  
            Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia,  
            Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Hadley, Roger  
            Hernández, Holden, Irwin, Jones-Sawyer, Lackey, Levine,  
            Linder, Lopez, Low, Maienschein, Mathis, McCarty, Medina,  
            Mullin, Nazarian, O'Donnell, Perea, Quirk, Rendon,  
            Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark  
            Stone, Thurmond, Ting, Weber, Wilk, Williams, Wood
          NOES:  Travis Allen, Baker, Bigelow, Brough, Chávez, Dahle, Beth  
            Gaines, Grove, Harper, Jones, Kim, Mayes, Melendez, Obernolte,  







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            Wagner, Waldron
          NO VOTE RECORDED:  Chang, Gallagher, Olsen, Patterson, Atkins

          Prepared by:Hugh Slayden / INS. / (916) 651-4110
          7/9/15 9:05:04


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