BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 1763 (Gipson) - Health care coverage: colorectal cancer: screening and testing ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: June 27, 2016 |Policy Vote: HEALTH 7 - 1 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 1, 2016 |Consultant: Brendan McCarthy | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: AB 1763 would require health insurers and health plans to provide coverage for specified colorectal cancer screening examinations and laboratory tests with no cost sharing. Fiscal Impact: No fiscal impact on the Medi-Cal program is anticipated, as program beneficiaries are not subject to cost sharing. Increased costs of $1.3 million per year to CalPERS, due to increased utilization of screening tests (various funds). According to an analysis of a prior version of this bill by the California Health Benefits Review Program, prohibiting cost sharing for specified screening will modestly increase utilization of screening examinations. Overall, the Program projects that about 2,500 additional individuals per year will receive colorectal screening exams due to the elimination of cost sharing. The proportional impact of that increased utilization on the CalPERS system is $1.3 million. According AB 1763 (Gipson) Page 1 of ? to the Program, subsequent amendments to the bill since that analysis was prepared will not substantially change the projected costs. No state cost to subsidize health care coverage through Covered California is anticipated. Under federal law, any new mandated health benefit that exceeds the benefits in the state's essential health benefits benchmark plan would be a state responsibility. In other words, to the extent that the state imposes a new benefit mandate that exceeds the essential health benefits benchmark, the state would be responsible for paying for the cost to subsidize that benefit for those individuals who receive subsidized coverage through Covered California. Because this bill does not mandate a new benefit, but only change the terms of an existing benefit, the bill is not expected to result in the state being responsible for subsidizing coverage. One-time costs of about $90,000 over the first two years and ongoing costs of $25,000 per year for reviews of insurance plan compliance by the Department of Insurance (Insurance Fund). Ongoing costs of less than $50,000 per year for review of health plan compliance by the Department of Managed Health Care (Managed Care Fund). Background: Under current law, health insurers are regulated by the Department of Insurance and health plans are regulated by the Department of Managed Health Care. Under current federal and state law, health insurers and health plans are required to provide coverage without cost sharing for certain preventative services. One category of covered preventative are those services that have been rated either "A" or "B" by the United States Preventive Services Task Force. The United States Preventive Services Task Force has given an "A" rating to colorectal screening for individuals aged 50 to 75, including fecal occult blood test, flexible sigmoidoscopy, and colonoscopy. Draft recommendations for an update to the recommendations includes an "A" rating for fecal immunochemical test. AB 1763 (Gipson) Page 2 of ? While current law requires all recommended screening to be covered without cost sharing, in some circumstances recommended screening tests are not currently being covered. For example, patients can receive a fecal occult blood test without any cost sharing. If the test comes back positive, current guidelines recommend a follow-up colonoscopy. However, some health insurers or health plans characterize the follow-up colonoscopy as a diagnostic test, rather than a screening test. In those cases, the patient may have a copayment or coinsurance requirement. Proposed Law: AB 1763 would require health insurers and health plans to provide coverage for specified colorectal cancer screening examinations and laboratory tests with no cost sharing. Specific provisions of the bill would: Require every health insurance policy or health care service plant contract (except a specialized health care service plan) to provide coverage without any cost sharing for all colorectal cancer screening examinations and laboratory tests assigned either a grade of "A" or "B" by the United States Preventive Services Task Force for individuals at average risk; For enrollees at high risk for colorectal cancer, the bill would require coverage without cost sharing for additional colorectal cancer screening examinations listed by the United States Preventive Services Task Force, at the frequency required under Medicare; Impose the above requirements beginning on January 1, 2018; For an enrollee between 50 and 75 years of age, prohibit cost sharing for colonoscopies when the colonoscopy is a screening procedure not occasioned by a positive result from another test or when a colonoscopy has been scheduled due to a positive result from another test; Specify that the bill does not require a health insurer or health plan to provide coverage for services provided by an out-of-network provider or prohibit a health insurer or health plan from imposing cost sharing requirements for services provided by an out-of-network provider. AB 1763 (Gipson) Page 3 of ? Staff Comments: According to an analysis of a prior version of the bill by the California Health Benefits Program, there is a preponderance of evidence that recommended screening tests for colorectal cancer are medically effective for the detection and prevention of colorectal cancer. At the individual level, the bill is likely to result in health and quality of life improvements due to earlier identification of colorectal cancer when it is more treatable. At the population level, the Program did not find that the bill will result in measureable public health impacts, because a relatively small number of individuals would receive additional screening under the bill. The only costs that may be incurred by a local agency relate to crimes and infractions. Under the California Constitution, such costs are not reimbursable by the state. -- END --