BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1102


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          Date of Hearing:  May 13, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          1102 (Santiago) - As Amended May 5, 2015


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:


          This bill allows women to enroll in health insurance, or change  
          their private health insurance plans, when they become pregnant.  









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          FISCAL EFFECT:


          1)Costs to update the California Healthcare Eligibility,  
            Enrollment and Retention System (CalHEERS) with appropriate  
            business rules and logic to effectuate the addition of  
            pregnancy as a triggering event would be in the low hundreds  
            of thousands (federal/ California Health Trust Fund). 


          2)This bill has a limited fiscal impact on the state's purchase  
            of health care, because eligible women can enroll in  
            state-sponsored coverage throughout the year.  The state could  
            even realize some (likely small) level of cost savings if some  
            women eligible for state-sponsored coverage decided to  
            purchase coverage through the exchange, based on provider  
            networks or health plan choices.  However, it would have  
            significant fiscal impacts and could lead to disruption in the  
            private health insurance market.  


          COMMENTS:


          1)Purpose. According to the author, maternity care is an  
            essential health benefit under the federal Patient Protection  
            and Affordable Care Act (ACA), and special enrollment exists  
            for women who give birth.  Because of this, it makes sense to  
            ensure that access to prenatal care is granted.  The author  
            contends that, if pregnancy qualifies as a triggering event,  
            women will be afforded the opportunity of important preventive  
            measures that, in the long run, would save lives and money.


          2)Background. The ACA requires all individuals to be insured or  
            pay a penalty.  One way the ACA encourages individuals to  
            purchase insurance before needing health care is by specifying  
            open enrollment periods.  According to recently released  
            federal regulations, for 2016, the open enrollment period will  







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            run from November 1, 2016 to January 31, 2016.  Individuals  
            can purchase health insurance outside this period only when  
            experiencing a qualifying life event such as getting married,  
            losing a job, or moving to the state.  None of the qualifying  
            events are based on a change in health status.  


            Special enrollment periods based on a change in health status  
            undermine the fundamental nature of insurance risk pools and  
            pricing, in the same sense that one cannot purchase car  
            "insurance" after an accident.  In contrast, Medi-Cal and  
            other state-sponsored programs have no defined enrollment  
            periods; individuals can apply on a rolling basis.


          3)Related Federal and State Action. At the federal level, the  
            U.S. Department of Health and Human Services (HHS)  is being  
            urged by advocates and lawmakers to add pregnancy as a  
            qualifying life event for a special enrollment period outside  
            of open enrollment.  In March 2015, 37 U.S. Senators sent a  
            letter to HHS Secretary Sylvia Mathews Burwell, encouraging  
            her to institute a special open enrollment period for  
            pregnancy. On April 10, 2015, Secretary Burwell responded in a  
            letter that, after reviewing federal statute and regulations,  
            HHS does not have the legal authority to establish such an  
            exception.


            In March 2015, U.S. Senators Barbara Boxer and Dianne  
            Feinstein sent a letter urging Covered California to add  
            pregnancy as a qualifier for special enrollment through  
            Covered California.  On April 15, 2015, Covered California  
            issued a response to this letter stating, "absent HHS  
            guidelines, Covered California is unable to even consider  
            making pregnancy a qualifying life event that would trigger a  
            special enrollment period."  The letter also stated that,  
            moving forward, Covered California will continue to "stress  
            the importance of making sure that all consumers, regardless  
            of health status, understand the benefits of enrolling during  
            the Open Enrollment period as well as potential tax penalties  







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            for not having coverage through the year."


          4)CHBRP Review.  In their accelerated review of this bill, the  
            California Health Benefits Review Program (CHBRP) notes  
            several important potential points and consequences:


             a)   Women affected would most likely be of midrange to  
               higher incomes, considering the existing public program  
               coverage options for women of lower incomes (coverage  
               through Medi-Cal and the Medi-Cal Access Program is  
               available for women up to 322% of the federal poverty  
               level).  


             b)   CHBRP's review of premium impact focused only on Covered  
               California.  They found if 10% of women dropped coverage,  
               and later added coverage after becoming pregnant, Covered  
               California would experience an increase in premiums of 0.4%  
               amounting to $22.8 million.  If 25% of women took the same  
               actions, premiums would increase by 1.2% or $75.8 million.   
               CHBRP estimates these marginal price impacts would lead to  
               thousands of people being priced out of coverage. Although  
               CHBRP's accelerated review did not allow time to assess the  
               impact on the individual market outside Covered California,  
               it would likely experience similar impacts.


             c)   CHBRP also estimated that 3.6% of women aged 19 to 44  
               become pregnant each year, and about a quarter of those  
               with higher incomes would be expected to temporarily add  
               coverage for maternity and childbirth expenses.  CHBRP  
               estimated that 489 women would newly enroll in Covered  
               California, generating a net cost impact of approximately  
               $5,822,339.


             d)   CHBRP notes a significant difference in initiation of  
               prenatal care between insured versus uninsured individuals.  







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                To the extent this bill could increase utilization of  
               effective prenatal care that can reduce outcomes such as  
               preterm births and related infant mortality, it has  
               potential to reduce morbidity and mortality and associated  
               societal costs.  CHBRP states that reducing out-of-pocket  
               costs could, in turn increase pregnant women's use of  
               prenatal care, and that there is clear and convincing  
               evidence that certain prenatal care services produce better  
               outcomes for mothers and infants.


          3)Support.  Maternal and Child Health Access, Western Center on  
            Law and Poverty, and SEIU California support this bill.  
            Supporters state half of all pregnancies are unintended, note  
            the importance of prenatal care, and state this bill would  
            help bridge a narrow, but significant gap in access to health  
            coverage.



          4)Opposition. Health plans and insurers oppose this bill.   
            Opponents state that annual open enrollment periods are  
            designed to provide a period of open access into any health  
            plan of an enrollee's choice, while protecting against  
            individuals waiting to enroll until they need health care.   
            Opponents argue that special enrollment periods allow  
            individuals to enroll outside of this annual open enrollment  
            period, but only for narrow, qualifying events in a person's  
            life, such as the loss of coverage through divorce.  Opponents  
            state that adding additional special enrollment periods not  
            intended by the ACA potentially drives up the cost of health  
            care and provides disincentives for individuals to enroll  
            under the normal timeframe.
             


          1)Staff Comments.  No one disputes it is important for pregnant  
            women to access prenatal care; however, this bill is not about  
            whether care should be denied to pregnant women, it is about  
            whose responsibility it is to pay for the care.  Medi-Cal and  







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            the Medi-Cal Access Program (formerly Access for Infants and  
            Mothers) already cover pregnant women in California on a  
            rolling basis up to 322% of the federal poverty level, or  
            nearly $38,000 for a single individual. The fundamental  
            question posed by this bill, then, is whether or not a  
            pregnant woman, with annual income levels $2,000 higher than  
            the median income in the state, should have the right, upon  
            becoming pregnant, to benefit from the array of services  
            provided through health insurance plans she did not choose to  
            purchase before she needed to use health care services.  This  
            essentially allows a woman to skip paying premiums while she  
            does not need health care, and only pay premiums during the  
            time health care is needed, in which case the premiums cover a  
            small portion of the $18,000 cost of a normal childbirth. 



            Adding a health status-based open enrollment event, opponents  
            may argue, is a slippery slope to adding other conditions.   
            Adding health conditions as triggering events for open  
            enrollment is anathema to the nature of insurance markets.  As  
            long as our health care delivery and finance system is based  
            on an insurance model, adding such conditions as triggering  
            events will fundamentally undermine the entire system and  
            should not be taken lightly.   


              


            On the other hand, despite the negative impacts of adverse  
            selection on the insurance market, pregnancy is a special case  
            that poses a unique ethical dilemma, because the quality and  
            amount of prenatal care impacts not only the mother, but her  
            child. The potential societal benefits of healthier children  
            and issues of equity to children add a complex wrinkle to an  
            otherwise more straightforward issue of adverse selection.  In  
            the case of an individual who experiences a change in health  
            status such as developing a chronic disease, only the  
            individual's health is directly at risk based on the quality  







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            and amount of health care available to him or her.  This is  
            obviously not the case for pregnancy.  





            There are issues of gender equity raised as well-a woman is  
            the one who incurs costs related to pregnancy.  Is it fair  
            that under current law, a young woman, who is otherwise  
            similarly situated to a young man who chooses to go without  
            coverage, pays a higher price for the lack of coverage because  
            she is the one bearing the child?  In our current health care  
            system, being a young woman is inherently financially riskier  
            than being a young man.  This bill would allow younger women  
            to shift financial risk to other payers.  





            Finally, this bill poses two separate questions that should  
            perhaps be thought of separately: (1) whether an individual  
            should be able to enroll in an insurance product at all upon  
            becoming pregnant (in which preventive care is covered with no  
            cost-sharing), and (2) whether an individual currently  
            enrolled in a plan (in which preventive care is covered with  
            no cost-sharing), should be able to change her existing plan  
            upon becoming pregnant.  This bill allows for both.  In both  
            scenarios, prenatal care is covered with no cost-sharing.   
            However, in scenario (1), a woman is gaining access to free  
            prenatal care, with corresponding positive impact on her  
            future child's health.  In scenario (2), a woman would not be  
            gaining access to prenatal care; she would simply be able to  
            enroll in a higher-actuarial value plan, reducing her  
            cost-sharing for the delivery event and other medical services  
            without the corresponding positive impact on her future  
            child's health. 









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           Analysis Prepared by:Lisa Murawski / APPR. / (916)  
          319-2081