BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 339


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          339 (Gordon)


          As Amended  September 4, 2015


          Majority vote


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          |ASSEMBLY:  |48-30 |(June 3, 2015) |SENATE: |25-13 | (September 10,  |
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          Original Committee Reference:  HEALTH


          SUMMARY:  Requires health plans and health insurers that provide  
          coverage for outpatient prescription drugs to have formularies  
          that do not discourage the enrollment of individuals with health  
          conditions, and requires combination antiretrovirals drug  
          treatment coverage of a single-tablet that is as effective as a  
          multitablet regimen for treatment of Human immunodeficiency  
          virus infection and acquired immune deficiency syndrome  
          (HIV/AIDS), as specified.  This bill places in state law,  
          federal requirements related to pharmacy and therapeutics  
          committees, access to in-network retail pharmacies, standardized  
          formulary requirements, formulary tier requirements similar to  
          those required of health plans and insurers participating in  
          Covered California and copayment caps of $250 and $500 for a  
          supply of up to 30 days for an individual prescription, as  
          specified.


          The Senate amendments: 








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          1)Require plans and insurers to cover all medically necessary  
            prescription drugs.


          2)Limit the requirement to cover single-tablet regimens of a  
            drug to only combination antiretroviral drug treatments that  
            are medically necessary for the treatment of AIDS/HIV. 


          3)Delete a provision that required all drug formularies to  
            include at least one drug in the lower cost tiers if all  
            approved drugs would otherwise be in the highest cost tiers  
            and at least three drugs are available in the drug class. 


          4)Cap the copay or coinsurance for a 30-day supply of outpatient  
            prescriptions drugs at $250, or $500 for bronze-level plans,  
            consistent with recently adopted Covered California  
            regulations. 


          5)Make changes to the definitions of tiers in the insurer or  
            plans drug formulary.  


          6)Limit some provisions of the bill to the individual and small  
            group markets. 


          7)Sunset some provisions of the bill (copay/coinsurance cap and  
            formulary definitions) on January 1, 2020. 


          8)Exempt Medi-Cal plans from the provisions of this bill.  


          9)Require, after January 1, 2017, that plans and insurers to  
            maintain a pharmacy and therapeutics (P&T) committee that is  
            responsible for developing, maintaining, and overseeing any  
            drug formulary list. 








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          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, one-time costs of about $750,000 and ongoing costs of  
          about $400,000 per year for the Department of Insurance to adopt  
          policies and regulations, review plan filings, and enforce the  
          requirements of the bill (Insurance Fund).  One-time costs in  
          the low millions and ongoing costs of about $500,000 per year  
          for the Department of Managed Health Care to adopt policies and  
          regulations, review plan filings, and enforce the requirements  
          of the bill (Managed Care Fund).  No significant impact to the  
          Medi-Cal program is anticipated.  The provisions of the bill  
          dealing with cost sharing do not apply to Medi-Cal managed care  
          plans.  The other provisions of the bill are not expected to  
          significantly increase costs to Medi-Cal managed care plans.


          COMMENTS:  In general, health insurers and health plans are  
          required to provide coverage for medically necessary  
          prescription drugs.  Current law required most health insurers  
          and health plans to limit enrollee out-of-pocket expenses for  
          essential health benefits, including prescription drugs.  Health  
          insurers and health plans often use prescription drug  
          formularies with tiers.  Drug formularies typically have one to  
          four tiers, with the first tier including generic and low cost  
          drugs and the fourth tier including specialty and high-cost  
          drugs.  Typically, enrollee cost sharing increases for drugs in  
          the upper tiers.


          Covered California, the state's health benefit exchange,  
          recently adopted regulations that require qualifying health  
          plans sold through Covered California to meet certain  
          requirements relating to prescription drug coverage.  Beginning  
          in 2016, Covered California plans will be required to limit  
          enrollee deductibles for prescription drugs to $250 for a 30-day  
          supply of drugs in tier 4 ($500 for enrollees in a bronze plan).  
           Covered California will also require formularies to include at  
          least one drug in tiers 1, 2, or 3 if all Food and Drug  
          Administration approved drugs in the same class would otherwise  
          be included in the plan's tier 4 and at least three drugs in  
          that class are available.








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          Payment for covered health benefits is shared between the payer  
          (e.g., health plan/insurer or employer) and the enrollee.  The  
          patient cost-share is the portion that must be paid  
          out-of-pocket directly to the provider, generally at the time of  
          treatment.  Common cost-sharing mechanisms include copayments (a  
          fixed dollar amount), coinsurance (a percentage of actual cost),  
          and/or deductibles (an amount, generally $500 or more, which the  
          patient must pay for health care before the plan pays anything,  
          subject to certain exclusions).  Health plans and insurers use  
          cost-sharing to direct patients toward high-value services.


          The P&T committee is a medical staff advisory group of a  
          hospital, health or insurance plan, or pharmacy benefit manager  
          that decides which drugs will appear on that entity's drug  
          formulary.  The P&T committee is responsible for managing the  
          formulary system.  It is composed of actively practicing  
          physicians, other prescribers, pharmacists, nurses,  
          administrators, quality improvement managers, and other health  
          care professionals and staff who participate in the  
          medication-use process.  The P&T committee serves in an  
          evaluative, educational, and advisory capacity to the medical  
          staff and organizational administration in all matters  
          pertaining to the use of medications.  The P&T committee's  
          primary role is to make clinical decisions based on scientific  
          evidence, such as peer-reviewed medical literature, and  
          standards of practice, such as well-established clinical  
          practice guidelines.  Depending on the size of the entity, the  
          P&T committee may weigh the costs and benefits of each drug and  
          decide which ones provide the best efficacy per dollar.


          Recent state and federal action has been taken on the issue of  
          formulary design and cost-sharing.  A proposed federal rule  
          released on November 26, 2014, and the final rule, released on  
          February 27, 2015, cautioned health plans and insurers that  
          certain examples cited appear discriminatory in their  
          application when looking at the totality of the circumstances,  
          and may be prohibited.  Examples included placing most or all  
          drugs that treat a specific condition on the highest cost tiers,  








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          or refusal to cover a single-tablet drug regimen or  
          extended-release product, absent an appropriate reason for such  
          refusal.  Potential discrimination in plan design is of  
          heightened interest now.  Since health insurers can no longer  
          deny coverage for a preexisting condition, discouraging less  
          healthy individuals by strategically charging high cost-sharing  
          is seen as a way that insurers can avoid enrolling individuals  
          with higher health care needs.


          Health Access California writes that when people can't afford  
          their prescription drugs they skip doses, split pills in half  
          and some just don't pick up their prescriptions.  Health Access  
          indicates that this bill implements and improves upon concepts  
          from the federal rule and regulations and California law and  
          regulations in order to ensure that Californians are better able  
          to afford their prescription drugs and that the  
          anti-discrimination provisions of the Patient Protection and  
          Affordable Care Act remain intact.  Health Access points out  
          that this bill improves federal law by imposing a per-30 day  
          prescription limit on cost sharing so it cannot exceed $250 for  
          most coverage and $500 for bronze, and finally aligns patient  
          protections with Covered California. The National Multiple  
          Sclerosis (MS) Society - California Action Network writes that  
          people living with MS make frequent health care visits and rely  
          on expensive medications to help manage their disease.  There  
          are 10 injectable and three oral medications used to help manage  
          MS.  There are no generic equivalents and these treatments are  
          typically placed on specialty tiers. Those with MS also take  
          four to six other drugs to ease symptoms, monthly out-of-pocket  
          medication costs can become exorbitant.


          Aetna writes that while Covered California has enacted a  
          cost-sharing limitation for individuals utilizing the health  
          insurance exchange, the Legislature is encouraged to study the  
          impact of those regulations before expanding these coverage  
          requirements to all insurance policies.  Blue Shield of  
          California has a number of concerns with the provisions of this  
          bill that exacerbate the drug pricing challenge by giving drug  
          companies seeking to exploit patent protections, preferential  
          placement of expensive single dose drugs over lower cost  








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          multitablet regimes that have the exact same effectiveness.   
          This bill handcuffs negotiations with manufacturers which limit  
          the discount drug companies will be willing to grant. Amgen  
          believes this bill may limit patient access and is overly  
          prescriptive.  Amgen requests an amendment so that biologics are  
          not statutorily defined as tier four products in four-tier  
          formularies.


          Analysis Prepared by:                                             
                          Dharia McGrew / HEALTH / (916) 319-2097  FN:  
          0002303