BILL ANALYSIS Ó AB 845 Page 1 Date of Hearing: April 29, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 845 (Cooley) - As Amended April 21, 2015 ----------------------------------------------------------------- |Policy |Health |Vote:|17 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill authorizes the board of the Exchange, referred to as Covered California, to construct, manage, and maintain a separate website to provide standardized information about vision plans available for consumers to purchase. It also: AB 845 Page 2 1)Authorizes the board to receive funds from providers of ancillary vision care products and any other nongovernmental source for the purpose of the website. 2)Prohibits federal funds, user fees, and other assessments imposed for the purposes of the Exchange from being used for the purpose of the website, and prohibits other federal and state funds from being comingled with funds made available for the website. 3)Requires the website to facilitate an option for consumers to obtain more information about, and enrollment in, a vision plan through a licensed agent. FISCAL EFFECT: 1)One-time cost pressure of in the hundreds of thousands to low millions to Covered California to construct, design, and test a website that meets the criteria of the bill. Costs depend on the functionality of the site. Although the bill authorizes, and does not require, Covered California to create the website, codifying such a directive places clear cost pressure on the state to create it. The bill authorizes Covered California to receive private funds for the purpose and does not allow the use of their other funding sources for the purpose. It is unclear whether resources would be available. 2)Ongoing costs to maintain the website in the low hundreds of thousands of dollars. If the website is built with private funds, there would be cost pressure to the state to maintain the site even if private funds later dry up. AB 845 Page 3 COMMENTS: 1)Purpose. According to the author, this bill will provide California consumers the opportunity to shop for adult, individual vision care. The author states that Covered California currently offers pediatric-only vision benefits, and adult consumers do not have access to affordable vision coverage when purchasing a health plan through Covered California. The author states that vision is a critical part of everyday life, with the added preventative benefit that routine eye exams can disclose many serious underlying health conditions. 2)Background. Federal law requires state Exchanges, including Covered California, to facilitate enrollment in qualified health plans that provide a set of 10 "essential health benefits" (EHBs) including inpatient and outpatient care, pharmacy, maternity services, and behavioral health care, among others. In addition, pediatric oral and vision care is included as an EHB. In 2012, the Covered California board intended to pursue the offering of supplemental insurance plans, including standalone vision and dental plans for adults and families. However, on March 29, 2013, the federal Center for Consumer Information and Insurance Oversight (CCIIO), released guidance stating an Exchange could not offer certain supplemental products, including vision plans. However, Covered California would be able to partner and share infrastructure with a separate non-Exchange state program in order to offer supplemental products such as vision plans, provided several conditions were met. For example, the non-Exchange state program must be supported by a separate funding stream and have a separate legal status. The federal guidance allows such an entity to AB 845 Page 4 share infrastructure with the Exchange, provided that if an Exchange resource is used for non-Exchange purposes, the cost of using the resource must be paid by the other, non-Exchange state program. In a letter dated February 2, 2015, from the federal Department of Health and Human Services to Congresswoman Doris Matsui, the Centers for Medicare and Medicaid Services Administrator, Marilyn Tavenner, clarified that a separate state entity does not need to be created in order for the Exchange to provide a Website link to a marketplace for adult vision care. The website is, however, required to state disclaimers that the plans are not QHPs and do not qualify for tax credits and subsidies. This bill requires such disclaimers. 3)Previous Legislation. AB 1877 (Cooley) would have created in state government the California Vision Care Access Council, modeled after the Exchange, to create a marketplace for the purchase of vision plans by individuals and employers. This bill was vetoed. In his veto message, the Governor stated that, "Creating a new state bureaucracy to inform consumers about vision plans isn't necessary, nor is it advisable to divert Covered California's focus with a new scheme, the governance of which may be impermissible under federal rules." This bill partially addresses the veto message, in that it does not create a new state bureaucracy. However, the issue of diverting Covered California's focus from its core mission appears to stand. Analysis Prepared by:Lisa Murawski / APPR. / (916) 319-2081 AB 845 Page 5