BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1163


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          Date of Hearing:  May 6, 2015


                           ASSEMBLY COMMITTEE ON INSURANCE


                                   Tom Daly, Chair


          AB 1163  
          (Rodriguez) - As Amended April 21, 2015


          SUBJECT:  Health plans and health insurers:  agents and brokers  
          contracts


          SUMMARY:  Requires health insurers and health care service plans  
          (health plans) to provide their agents at least 60 days written  
          notice of contract changes.  Specifically, this bill:  





          1)Requires health plans to provide agents and brokers with at  
            least 60 days written notice of any material change in their  
            contract.



          2)Defines material change as one that that causes the contract  
            to no longer reflect the terms the parties intended to be the  
            basis for their mutual contractual obligations.



          EXISTING LAW:  









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          1)Provides for the regulation of insurers and health insurance  
            agents and brokers by the California Department of Insurance.

          2)Defines a health insurance agent as a "life licensee," which  
            is a person authorized to transact insurance coverage for  
            sickness, bodily injury, or accidental death and may include  
            benefits for disability income.   

          3)Establishes the Knox-Keene Health Care Service Plan Act of  
            1975, the body of law governing plans in the state, and  
            provides for the licensure and regulation of plans by the  
            Department of Managed Health Care.

          4)Prohibits, with certain exceptions, a property and casualty  
            insurer from terminating or amending a contract with an agent  
            or broker of property and casualty insurance that has been in  
            effect for at least one year, unless 120 days advanced written  
            notice has been given by the insurer to the agent or broker.  



          FISCAL EFFECT:  Undetermined


          COMMENTS:  


           1)Purpose  .  According to the author, AB 1163 was introduced in  
            response to recent actions by a health insurance carrier that  
            made substantial and material changes to their agreement with  
            health insurance agents only 48 hours before the changes took  
            effect.  AB 1163 would level the playing field and provide for  
            a fair and reasonable notice to agents when their contract is  
            substantially changed.  An agent or producer agreement is a  
            written contract setting out the terms between an insurance  
            agency and the health plan it represents.  Important details  
            such as ownership of renewal, commissions, and general duties  








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            and responsibilities of each party are usually spelled out in  
            this agreement.  Most agent agreements contain provisions that  
            address how and when notice of changes to the agency agreement  
            can be implemented. 
           2)Commissions  .  Health plans pay commissions to licensed agents  
            for selling and servicing the plan contract or insurance  
            policy.  Commissions are paid based on a schedule outlining  
            the amount and timing of payments that is part of the contract  
            between the health plan and the agent.  Health plans sometimes  
            use commissions to drive agents to sell certain products by  
            increasing commissions for products they wish to aggressively  
            market.  Conversely, they may lower commissions to deter  
            agents from selling certain products.  For example, if a  
            health plan has saturated a market with a certain product, or  
            determines that a product is creating losses, they may opt to  
            lower commissions, thus decreasing financial incentives for  
            agents to sell the product.  

           3)Supporters  .  CAHU, Independent Insurance Agents and Brokers  
            Association of California, and the National Association of  
            Insurance and Financial Advisors state that not only does this  
            bill respond to recent actions by a health insurance carrier  
            that made material changes to a contract with only 48 hours'  
            notice, it also levels the playing field and provides fair and  
            reasonable notice to licensed agents when their contract is  
            substantially changed.  The sponsors state that most contracts  
            contain provisions that address how and when notice of changes  
            to the contract can be implemented; however, some contracts  
            contain separate clauses that allow carriers to make  
            substantial changes to the agreement without any notice at  
            all.  The sponsors state that agents understand that business  
            needs can sometimes drive a need for a material change, and  
            this bill ensures that a change desired by the carrier can  
            take effect as soon as proper notice is given.

           4)Opponents  .  The Association of California Life and Health  
            Insurance Companies (ACLHIC) and the California Association of  
            Health Plans (CAHP) oppose this bill, stating that it would  
            unnecessarily interfere with private party contracts and seeks  








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            to offer a legislative remedy to an issue better handled  
            through the course of contractual negotiations and agreements.  
             ACLHIC and CAHP state that this bill usurps current contract  
            negotiation practices which already have self-imposed time  
            frames and notification agreements, and where violations are  
            treated as a breach of contract.  The opposition argues that a  
            vast majority of their member companies currently have a  
            30-day notification agreement built into their existing  
            contract frameworks and deviation from that would result in  
            significant expense and confusion.  Lastly, ACLHIC and CAHP  
            state that the definition of "material" change under this bill  
            is vague and may introduce further confusion into the  
            contractual negotiation process.

             Suggested Amendment  .  The definition of a material change  
            included in the bill is unnecessarily vague and invites  
            needless litigation.  The author should consider amending the  
            bill to define material changes as a change to a provision of  
            the contract relating to:

               a.     Commissions, bonuses, and incentives.
               b.     Right of survivorship.
               c.     Indemnification of the agent.
               d.     Errors and omissions coverage requirements. 

          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Association of Health Underwriters


          Independent Insurance Agents and Brokers of California










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          National Association of Insurance and Financial Advisors




          Opposition


          Association of California Life and Health Insurance Companies


          California Association of Health Plans




          Analysis Prepared by:Paul Riches / INS. / (916) 319-2086