BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 845


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          Date of Hearing:  April 29, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          845 (Cooley) - As Amended April 21, 2015


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          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:








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          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.








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          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  








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            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









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