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:  8/24/15 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.

          Senate Floor Amendments of 8/24/15 eliminated the requirement  
          that the task force consider the premium necessary to provide an  
          adequate benefit within a solvent program and added the  
          requirement that CDI produce an actuarial analysis of the task  








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          force recommendations by July 1, 2018, which, if approved by the  
          task force, would be submitted to the Legislature.  The  
          amendments were taken at the suggestion of the CDI in response  
          to recent opposition by the Department of Finance (DOF).  The  
          amendments lower the estimated costs from one-time costs of  
          $115,000 per year for two years to one-time costs of $70,000 per  
          year for two years.
          
          ANALYSIS:

          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.

          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 voting members,  
             including the IC, Director of the 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.








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           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.

           6) Requires CDI and any participating state agency to operate  
             within its existing budgetary resources for purposes of  
             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) Requires CDI to produce an actuarial report by July 1, 2018,  
             that analyzes the task force recommendations to be submitted  
             to the Legislature if approved by the task force.

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

           10)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.   







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          Despite the burgeoning need for long-term care services, 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  
          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. 
          
          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No

          According to the Senate Appropriations Committee, this bill  
          involves one-time costs of $70,000 per year for two years to  
          provide staff support to the task force and perform the required  
          analysis (Insurance Fund).


          SUPPORT:   (Verified 8/26/15)


          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







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          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:   


          Department of Finance (Verified 8/26/15)


          ARGUMENTS IN SUPPORT:     According to the author, 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.   


          ARGUMENTS IN OPPOSITION:  DOF notes that the IC already has the  
          authority to establish a task force and is concerned that  
          implementing the bill may divert resources away from  







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          mission-critical CDI programs.

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

          Prepared by:Hugh Slayden / INS. / (916) 651-4110
          8/26/15 17:01:50


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