BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1305


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          Date of Hearing:  April 28, 2015


                            ASSEMBLY COMMITTEE ON HEALTH


                                  Rob Bonta, Chair


          AB 1305  
          (Bonta) - As Introduced February 27, 2015


          SUBJECT:  Limitations on cost sharing:  family coverage.


          SUMMARY:  Requires family health plan contracts and insurance  
          policies to include a per-individual deductible and  
          out-of-pocket cost sharing limit that is no greater than the  
          amount for an individual plan or policy.  Specifically, this  
          bill:  





          1)Requires, for family coverage, a limit on annual out-of-pocket  
            expenses for coverage of essential health benefits (EHBs) to  
            include a maximum out-of-pocket limit for each individual  
            covered by the plan that is less than or equal to the maximum  
            out-of-pocket limit for individual coverage.

          2)Requires a health care service plan or health insurance policy  
            for family coverage that includes a deductible to include a  
            deductible for each individual covered by the plan that is  
            less than or equal to the deductible for individual coverage.

          3)Requires a high deductible health plan to include a deductible  
            for each individual covered by the plan that is less than or  








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            equal to the higher of the amount set forth in federal law  
            (Add in amount here), or the deductible for individual  
            coverage under the plan contract.



          EXISTING LAW:  



          1)Establishes the federal Patient Protection and Affordable Care  
            Act (ACA), which enacts various health care coverage market  
            reforms including annual limits on specified forms of cost  
            sharing, including deductibles, on all essential health  
            benefits for individual and group health insurance coverage.

          2)Establishes the Knox-Keene Health Care Service Plan Act of  
            1975, which provides for the licensure and regulation of  
            health care service plans by the Department of Managed Health  
            Care.

          3)Provides for the regulation of health insurers by the  
            California Department of Insurance.

          4)Establishes, in state government, the California Health  
            Benefits Exchange (Exchange), referred to as Covered  
            California, as an independent public entity not affiliated  
            with an agency or department, and requires the Exchange to  
            compare and make available through selective contracting  
            health insurance for individual and small business purchasers  
            as authorized under the ACA.

          5)Requires, under both federal and state law, that health plans  
            and insurers issuing health benefit plans in the individual  
            and small group market comply with specified requirements  
            regarding the offering, sale, and scope of coverage provided,  
            including requirements to cover the following 10 categories of  
            EHBs: ambulatory patient services; emergency services;  
            hospitalization; maternity and newborn care; mental health and  








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            substance use disorder services, including behavioral health  
            treatment; prescription drugs; rehabilitative and habilitative  
            services and devices; laboratory services; preventive and  
            wellness services and chronic disease management; and,  
            pediatric services, including oral and vision care. 

          6)Requires a non-grandfathered health care service plan (plan)  
            and health insurance policy (policy) in the individual or  
            small group market that is issued, amended, or renewed on or  
            after January 1, 2015, to provide for a limit on annual  
            out-of-pocket expenses for all EHBs, including out-of-network  
            emergency care.  Non-grandfathered plans and policies must  
            comply with all ACA requirements.

          7)Requires a non-grandfathered plan or policy in the large group  
            market that is issued, amended, or renewed on or after January  
            1, 2015, to provide for a limit on annual out-of-pocket  
            expenses for essential health benefits, including  
            out-of-network emergency care to the extent that the limit  
            does not conflict with federal law or guidance on  
            out-of-pocket maximums for non-grandfathered plans or policies  
            in the large group market.

          8)Limits deductibles for plans and policies in the small group  
            market to $2,000 for an individual, and $4,000 for a family.  

          9)Specifies that the maximum out-of-pocket limit shall apply to  
            any copayment, coinsurance, deductible, and any other form of  
            cost sharing for all EHBs, shall not exceed limits set forth  
            in federal law and regulations, and shall result in a total  
            maximum out-of-pocket limit for all covered EHBs equal to the  
            dollar amounts prescribed by federal law.  


          FISCAL EFFECT:  This bill has not yet been analyzed by a fiscal  
          committee.


          COMMENTS:  








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          1)PURPOSE OF THIS BILL.  According to the author, this bill  
            prohibits a health plan or insurer from imposing a higher  
            deductible and limit out-of-pocket costs on an individual  
            simply because the individual is a member of a family.  The  
            author explains that health plans and insurance policies often  
            include a deductible amount, as well as limits on the amount  
            out-of-pocket costs a person or family may incur in a year.   
            The author states that some family plans and policies include  
            deductibles and out-of-pocket limits for individual in the  
            plan or policy, so when a family member gets sick, they only  
            have to reach the individual deductible or cost-sharing limit  
            in order for coverage to kick-in.  However, the author states  
            other plans and insurers do not include these individual  
            deductibles and out-of-pocket costs limits within a family  
            plan or policy, which means that families with one member who  
            has more expensive health care needs would have to reach the  
            family limits before coverage kicks in.  The author contends  
            that under this structure, families with one member with high  
            health care costs are forced to pay thousands of dollars in  
            out-of-pocket expenses simply because they are in a family.   
            The author states that this bill creates parity between what  
            consumers pay in individual and family plans by requiring  
            individual deductibles in family plans.  The author asserts  
            that this bill is critical to ensure consumers are not  
            unfairly charged for doing what is right by getting family  
            coverage.  The author concludes that this bill is consistent  
            with federal regulations regarding limits on out-of-pocket  
            cost sharing, and will make California a national leader in  
            terms of deductibles.
          


          2)BACKGROUND.  
          
             a)   Deductibles and other consumer out-of-pocket cost  
               sharing.  Most health plans and insurers require enrollees  
               to pay a portion of the cost of care when they seek  








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               services, in addition to any premium that they must pay for  
               the plan.  Plans and insurers generally have several forms  
               of cost sharing, including deductibles, which must be paid  
               by patients before the plan begins paying toward some or  
               most services, and copayments or coinsurance which must be  
               paid by patients at the time they receive services.

          The ACA sets forth limits on the amount of out-of-pocket cost  
          sharing an individual or family pays for their health coverage.   
          This limit applies for costs related to deductibles,  
          coinsurance, copayments, or similar charges and any other  
          expenditure that is a qualified medical expense for EHBs.  The  
          limit does not count premiums or out-of-network cost sharing, or  
          spending for non-essential health benefits.  The federal maximum  
          out-of-pocket cost limit for 2015 is $6,600 for an individual  
          plan, and $13,200 for a family plan.  Additionally, federal  
          regulations limit maximum out-of-pocket limits for high  
          deductible health plans (HDHPs) to $6450 per person in 2015.

          In a family plan, deductibles and maximum out-of-pocket limits  
          may be structured in two ways.  Some plans and policies impose  
          an aggregate deductible or out-of-pocket maximum in family  
          coverage.  Under the aggregate structure, the total family  
          deductible must be paid out-of-pocket before health insurance  
          starts paying for health care services incurred by any family  
          member.  Take, for example, a plan or policy that has a $1,500  
          deductible for individual coverage, and a $3,000 deductible for  
          a family coverage.  Under this structure of aggregate  
          deductibles, an individual in the family who falls ill would  
          have to reach the $3,000 deductible before coverage would start,  
          even though that same individual would have a $1,500 deductible  
          if they had an individual plan.

          In contrast, most family plans and policies, in addition to an  
          overall family deductible and out-of-pocket limit, embed lower  
          deductibles and out-of-pocket limits for each individual in the  
          family plan.  Under this structure, one individual in the family  
          plan has to reach his or her own lower individual deductible or  
          out-of-pocket limit for coverage to commence, regardless of  








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          whether the larger family deductible is met.  Using the same  
          example in the preceding paragraph, the individual in the family  
          who falls ill would only have to meet a $1,500 deductible before  
          his or her coverage kicks in.  This bill would require plans and  
          policies to use this structure of embedded deductibles and  
          out-of-pocket limits.

             b)   Federal regulations.  Current federal regulations set  
               policy with regard to maximum out-of-pocket costs for  
               individuals in a family plan.  Specifically, on February  
               27, 2015, the U.S. Department of Health and Human Services  
               (HHS) issued a notice of final regulations regarding cost  
               sharing parameters, clarifying in a preamble that the  
               annual limit on cost-sharing for individual coverage  
               applies to all individuals regardless of whether the  
               individual is covered by an individual plan or a group  
               plan.  HHS states that in both of these cases, an  
               individual's cost sharing for EHBs may never exceed the  
               individual cost sharing limits, and it is finalizing a  
               technical correction to existing regulations to implement  
               it.  According to HHS, the clarification is an important  
               consumer protection considering that some consumers have  
               been confused by the applicability of the annual limitation  
               on cost sharing in group plans, and the annual limitation  
               on cost-sharing applies to all individuals regardless of  
               whether the individual is covered by an individual plan or  
               a group plan.  These federal regulations do not apply to  
               deductibles.

             c)   Covered California standard benefit plan design.  Each  
               year, the Exchange sets a standard benefit design that  
               plans and insurers must use when selling products through  
               Covered California.  With standardized benefits, consumers  
               can more accurately compare plans and policies because the  
               benefits are the same for all plans offered in the Exchange  
               marketplace.  Additionally, standardizing benefits ensures  
               that the selected health insurance plans define what  
               consumers get and limit the consumer's out-of-pocket costs  
               by type of service.








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          The Exchange's standard benefit design for 2015, which was  
          adopted into regulations by the Exchange board, contained  
          provisions similar to those proposed in this bill.   
          Specifically, it required that, in a family plan, an individual  
          is responsible for only the individual deductible and the  
          individual out-of-pocket maximum amount.  For HDHPs linked to a  
          health savings account (HSA), in a family plan, each individual  
          in the family must meet a deductible of $2,600, as required by  
          federal law, and each individual must meet individual  
          out-of-pocket maximum that is the same for individual coverage.

          In January 2015, the Exchange released its proposed standard  
          benefit design for 2016, which included similar provisions.   
          Specifically, the proposed standard benefit design requires that  
          for all group plans and policies, including high deductible  
          health plans linked to health savings accounts, an individual's  
          payment toward a deductible is limited to the individual annual  
          deductible amount.  Additionally, an individual's out-of-pocket  
          contribution is limited to the individual's annual out-of-pocket  
          maximum.

             d)   California Health Benefits Review Program (CHBRP)  
               analysis.  CHBRP conducted an evidence-based assessment of  
               this bill which was published on April 22, 2015.  
          According to the analysis, over 97% of enrollees in plans or  
          policies subject to this bill are covered by plans and policies  
          that have no deductible, or already have an embedded deductible.  
           According to CHBRP, all plans and insurance policies offered  
          through Covered California have embedded deductibles and  
          out-of-pocket limits.

          CHBRP found that HDHPs, which can be paired with tax-advantaged  
          HSAs or health reimbursement accounts would be the only products  
          affected by this bill.  As such, this bill would affect the  
          insurance of approximately 2.1% (506,722) of the 24.6 million  
          Californians who have health insurance regulated by the state  
          that may be subject to any state health benefit mandate law.  









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          Under federal rules, deductibles for individual HDHP plans may  
          be no less than $1,300.  Family HDHPs may not have deductibles  
          less than $2,600 whether paid for a single member of the family,  
          or by multiple members of the family.  For this reason, CHBRP  
          found that, because the bill would require a per-individual  
          deductible of $1,300 embedded the family plan, it could put  
          family HDHPs out of compliance with federal regulations.  As a  
          result families who have an HDHP would not be permitted to use  
          an HSA because the plan is not HSA-compliant.

          In response to this issue, CHBRP assumed that plans and insurers  
          would either i) continue to offer HSA-compatible HDHPs for  
          individual enrollees with deductibles of $1,300 allowing  
          families to continue to purchase an HDHP, but without the HSA;  
          or, ii) raise the minimum deductible for both individuals and  
          families to $2,600, making the plans compliant with federal  
          rules and HSA-compatible.

          CHBRP based its cost-estimate of the bill on the second  
          assumption that plans and insurers would raise the HDHP  
          deductible to $2,600 for both individuals and families, and  
          determined that this bill would decrease total net annual  
          expenditures by consumers of $37.7 million.  The majority of  
          these savings (over $20 million) would come from reduced  
          premiums in the individual market.  CHBRP estimated that  
          approximately $12 million of the savings would be due to a  
          reduction in cost-shares as individuals may reduce utilization  
          due to a higher deductible, and families benefitting from having  
          the embedded individual deductible in their plan.  

          3)SUPPORT.  Health Access California (HAC), the sponsor of this  
            bill, states that this bill would assure that no Californian  
            has a deductible or out-of-pocket limit higher than the  
            individual deductible or out-of-pocket limit, respectively.   
            HAC states that one of the most important protections of the  
            ACA is the maximum out-of-pocket limit, which will save  
            Americans from medical bankruptcy.  HAC asserts that this bill  
            will further protect Californians by assuring that no  
            individual with family coverage will have higher medical costs  








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            simply because they belong to a family.  Other supporters  
            state that this bill removes the inequality between  
            individuals and families, by limiting deductibles and  
            out-of-pocket maximums to the individual limit when the  
            individual is a member of a family, will make sure that  
            individuals are not financially penalized because they get  
            sick and are in a family plan, and will prevent financial  
            insecurity and overwhelming debt for families when one family  
            member has significant health needs.


          4)OPPOSITION.  The California Chamber of Commerce (Chamber)  
            states that this bill will drive up premium costs for  
            employers and employees, that stricter caps on cost-sharing  
            requirements do not address overall health care affordability.  
             The Chamber states that this bill will have a  
            disproportionate impact on small-group premiums because small  
            group plans are subject to a deductible limit.  The Chamber  
            argues that, due to the limitations on cost-sharing imposed by  
            this bill, all families would have to pay higher premiums, and  
            it makes little sense to help families afford their  
            out-of-pocket costs if it jeopardizes their ability to afford  
            coverage altogether.  The Chamber concludes that the fact that  
            deductibles, cost-sharing, and premiums are prohibitively  
            expensive for some individuals and families reflects the  
            unsustainable costs of our health care system, and this  
            problem cannot be addressed by simply capping out-of-pocket  
            costs.  


          5)RELEVANT LEGISLATION.  AB 339 (Gordon) requires a plan or  
            insurer to provide coverage for medically necessary  
            prescription drugs, including those for which there is no  
            therapeutic equivalent; establishes limits on cost-sharing for  
            covered outpatient prescription drugs; and, prohibits plans  
            and insurers from placing specified prescription medications  
            on the highest cost tiers of a drug formulary. 










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          6)PREVIOUS LEGISLATION.


             a)   SB 639 (Ed Hernandez), Chapter 316, Statutes of 2013,  
               codifies provisions of the ACA relating to out-of-pocket  
               limits on cost-sharing.  


             b)   AB 1917 (Gordon) of 2014, similar to AB 339, would have  
               established limits on the copayment, coinsurance, or any  
               other form of cost-sharing for a covered outpatient  
               prescription drug for an individual prescription to a  
               specified proportion of the annual maximum out-of-pocket  
               limit with respect to an individual or group plan or  
               policy, as specified.  This bill was ordered to the  
               inactive file at the request of the author.


             c)   AB 1453 (Monning), Chapter 854, Statutes of 2012, and SB  
               951 (Ed Hernandez), Chapter 854, Statutes of 2012,  
               establish California's EHBs.


             d)   AB 1602 (John A Pérez), Chapter 655, Statutes of 2010,  
               and SB 900 (Alquist), Chapter 659, Statutes of 2010,  
               establishes the Exchange and its powers and duties.


          7)POLICY COMMENT.  Federal cost-sharing limits for HDHPs set the  
            minimum deductibles at $1,300 for an individual and $2,600 for  
            a family.  As such, family HDHPs must meet the minimum $2,600  
            deductible regardless of whether that amount is met by all  
            members of the family, or a single member of the family.  This  
            bill would require a per-individual deductible to be embedded  
            within a family HDHP, meaning that an individual in a family  
            HDHP would only have to meet a $1,300 deductible, rather than  
            the federally-required $2,600, for coverage to kick in.  As  
            stated in the CHBRP analysis, this could put family HDHPs out  
            of compliance with federal regulations, and potentially limit  








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            the ability of some to purchase an HDHP linked with an HSA.  


            Additionally, state law limits small group plans and policies  
            to a $2,000 individual deductible and a $4,000 family  
            deductible.  As currently drafted, this bill would require a  
            family HDHP to include a per-individual deductible of $2,000.   
            If an HDHP adhered to federal rules, and kept the $2,600  
            minimum deductible, it would also be out of compliance with  
            state law governing the small group market.   


            In order to avoid potential non-compliance with federal HDHP  
            rules or state law regarding small group deductibles, the  
            author may wish to amend the bill to require HDHPs to include  
            a per-individual deductible that conforms to the federal  
            $2,600 minimum HDHP deductible. 


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Health Access California (sponsor)
          American Cancer Society Cancer Action Network
          American Federation of State, County, and Municipal Employees,  
          AFL-CIO
          California Black Health Network
          California Chronic Care Coalition
          California Labor Federation
          California Pan-Ethnic Health Network
          California Primary Care Association
          California School Employees Association
          California Teachers Association
          CALPIRG








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          Consumers Union
          National Association of Social Workers, California Chapter
          Western Center on Law and Poverty


          Opposition


          California Chamber of Commerce




          Analysis Prepared by:Kelly Green / HEALTH / (916) 319-2097