BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 332| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 AB 332 Page 2 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. AB 332 Page 3 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. AB 332 Page 4 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 AB 332 Page 5 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 AB 332 Page 6 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 **** END ****