BILL ANALYSIS Ó AB 1831 Page 1 Date of Hearing: April 19, 2016 ASSEMBLY COMMITTEE ON HEALTH Jim Wood, Chair AB 1831 (Low) - As Introduced February 9, 2016 SUBJECT: Health care coverage: prescription drugs: refills. SUMMARY: Requires health plans and insurers to allow early refills of eye drops and ointments. Specifically, this bill: 1)Requires health care service plan contracts and health insurance policies issued, amended, or renewed on or after January 1, 2017, that provide coverage for prescription drug benefits to allow for early refills of covered topical ophthalmic products (TOPs) at 70% of the predicted days of use. 2)States that nothing in this bill shall be construed to establish a new mandated benefit or to prevent the application of deductible or copayment provisions in a plan contract or insurance policy. EXISTING LAW: 1)Requires health care service plans to be regulated by the Department of Managed Health Care (DMHC) and health insurers AB 1831 Page 2 to be regulated by the California Department of Insurance (CDI). 2)Requires health care plans and health insurers that cover prescription drug benefits to provide notice in the evidence of coverage and disclosure form to enrollees/insureds regarding whether the plan uses a formulary. 3)Mandates the 10 federally required Essential Health Benefits (EHBs) including prescription drug coverage and establishes Kaiser Small Group health plan as California's EHB benchmark plan for non-grandfathered individual and small group health plan contracts and insurance policies. FISCAL EFFECT: This bill has not yet been analyzed by a fiscal committee. COMMENTS: 1)PURPOSE OF THIS BILL. According to the author, poor medication adherence is a major barrier to achieving better patient outcomes. TOPS are used to treat a variety of conditions including: uveitis, conjunctivitis, dry eye, and glaucoma. Successful and effective treatment for these eye-related conditions requires proper administration of the medication. Eye drops can be difficult to self-administer; a shaky hand can cause drops to hit the patient's cheeks or make two eye drops come out at once. This unavoidable waste is one reason that some patients run out of their eye drops too soon. Interruptions in drug therapy for eye-related conditions potentially have serious consequences, including irreversible vision loss. Glaucoma patients are often elderly and have difficulty dispensing the appropriate amount of eye drops, AB 1831 Page 3 thereby requiring early refills of their medication. When patients run out of eye drops before the scheduled refill, they may have to pay the full cost of the prescription. But when faced with the option of paying full price for the prescription or waiting until the scheduled refill date, many choose to go without the medication for a week or more instead of paying out of pocket. A study on glaucoma treatment adherence cited an inadequate amount of medication available between scheduled prescription refills as a central barrier to patient compliance. By allowing early refill for users of TOPs, patients are able to manage the disease and prevent interruptions in drug therapy that can potentially have serious consequences. This bill seeks to provide better patient outcomes by improving a patient's ability to adhere to their prescribed medication regimen. Moreover, this bill aligns state law with federal Medicare guidelines as it relates to refill standards for TOPs. 2)California Health Benefits Review Program (CHBRP) analysis. AB 1996 (Thomson), Chapter 795, Statutes of 2002, requests the University of California to assess legislation proposing a mandated benefit or service and prepare a written analysis with relevant data on the medical, economic, and public health impacts of proposed health plan and health insurance benefit mandate legislation. CHBRP was created in response to AB 1996. SB 125 (Hernandez), Chapter 9, Statutes of 2015, added an impact assessment on EHBs, and legislation that impacts health insurance benefit designs, cost sharing, premiums, and other health insurance topics. Highlights of the CHBRP analysis are as follows. a) Background. TOPs, which include eye drops and ointments, are prescribed for both acute and chronic conditions, but this bill would most likely affect only patients who require multiple refills to treat chronic AB 1831 Page 4 diseases and conditions, including ocular hypertension, glaucoma, uveitis, and chronic dry eye disease. TOPs are applied to the eyes as drops or small amounts of ointment. TOPs are not dispensed in a pre-set, quantifiable dose (such as a pill). Accidental over-use or wastage (too many drops at once or drops outside of the eye) can result in early exhaustion: exhaustion before the projected period of use for a bottle or tube of TOPs. b) Enrollees. CHBRP estimates that in 2017, 25.2 million Californians will have health insurance that would be subject to this bill. The terms of coverage for 85% of enrollees would change, where coverage had been available for TOPs refills at and after 75% to 85% of projected use, refills would be covered at 70% of projected use. c) Benefit Coverage, Utilization and Cost. Currently, 15% of enrollees have benefit coverage compliant with this bill. The remaining 85% of enrollees have coverage for TOPs refills at and after 75 to 85% of projected use. Although not all enrollees with affected health insurance would make use of the earlier refill coverage. This bill would require refill coverage for a 30-day TOPs prescription at or after day 21 (instead of at or after day 23 or day 26). CHBRP expects that, on average, the post-mandate possibility of earlier refill coverage would result in one additional refill per year among enrollees with a chronic condition and changed benefit coverage. This bill would be expected to increase total expenditures (premiums and cost sharing) by 0.0007% in the 12 months following implementation of the mandate. On a per member per month basis, CHBRP estimates that Medi-Cal Managed Care premiums would increase by $0.0045. For all other plans the increase would be less than $0.003. AB 1831 Page 5 d) EHBs. A number of Patient Protection and Affordable Care Act (ACA) provisions have the potential to interact with state benefit mandates. However, because this bill specifies terms of existing benefit coverage, it appears it would not exceed EHBs, and so would not trigger the ACA requirement that the state defray the cost of additional benefit coverage for enrollees in qualified health plans in Covered California. e) Medical Effectiveness and Public Health Impacts. Along with accidental overuse and wastage, systematic adherence to a treatment regimen contributes to early bottle exhaustion. Therefore, this bill is mostly likely to improve adherence among typically adherent patients. There is insufficient evidence to suggest that the limited number of additional days (often as few as one to three days) of adherence made possible by this bill would measurably impact the effectiveness of treatment. For this reason, CHBRP does not project a measurable impact on the population's health outcomes within the first year of the bill's passage into law. Please note that the absence of evidence is not evidence of no effect. It is possible that an impact (positive or negative) could result, but current evidence is insufficient to inform an estimate. It stands to reason, however, that the reduction in the allowable refill threshold may help those who have the greatest need for the medication; those with severe chronic conditions resulting in diminishing visual acuity. f) Long-Term Impacts. As is the case for the first year, there is insufficient evidence to suggest that the limited number of additional days of adherence made possible by this bill would measurably impact health outcomes in the years following the bill's passage into law. However, the average age of Californians has been increasing, and is AB 1831 Page 6 expected to continue to do so. Resulting increases in age-related chronic eye conditions may lead to greater use of TOPs and so to greater use of the earlier refills that this bill would require. 3)MEDICARE. On June 2, 2010, the Centers for Medicare and Medicaid Services (CMS) re-issued guidance on "Early Refill Edits on TOPs." The reissuance was based on complaints CMS had received regarding the application of early refill edits (i.e. refill-too-soon edits) to TOPs. In the guidance, CMS stated: To assist Part D sponsors in determining proper edits to protect beneficiary access CMS recommends that sponsors allow the following for TOPs: a) Permit refills at 70% of the predicted days of use. By way of an example, for a prescribed medication with an expected duration of 30 days of use, the refills would be permitted at day 21; b) Ensure that the refill allowances are the same regardless of purchase through retail or mail-order sources; and, c) Permit physicians to authorize earlier refills than 70% days of use for particular beneficiaries who continue to have difficulty with inadvertent wastage. 4)STATEMENT OF OPHTHALMOLOGY PROFESSIONAL SOCIETIES. In January 2014, the American Academy of Ophthalmology and the American Glaucoma Society issued a joint statement on glaucoma eye drop restrictions. The statement's conclusions include the AB 1831 Page 7 following: a) Eye drops are difficult to administer by over 2/3 of patients with many having trouble accurately administering a single drop onto their eyes; b) Chronic medical therapy of glaucoma is a critical and cost-effective first line of treatment. Gaps in the treatment of glaucoma can lead to vision loss, blindness, and an increased likelihood of surgical intervention for their disease. Surgical intervention carries far greater risk than chronic medical therapy and increases health care costs. Vision loss from glaucoma has been associated with an increase in the rates of falls, depression, difficulty with facial recognition, inability to drive, reading difficulty, reduced physical activity, and nursing home admissions; c) The current monthly volumes of eye drops allowed by health plans are often inadequate due to common and inadvertent wastage of drops when eye drops are applied. Often this leads to patients either stretching out their eye drop prescription (e.g., taking a twice daily medication once a day) or discontinuing the use of eye drops until the next allowable refill under their drug plan; creating a gap in care where the patient's disease may worsen; d) Even in experienced glaucoma patients who self-administer their eye drops, between 53-61% regularly administer more than one drop at a time, many without even realizing it. These numbers are increased in those with poor vision from glaucoma, cataract, or retinal diseases. Eighty percent of these patients with visual comorbidities are unable to adequately instill a single eye drop at a AB 1831 Page 8 time; and, e) Physical disabilities, such as arthritis and tremor, can also interfere with the administration of eye drops. It is particularly difficult for older patients to master and perform this task proficiently. Eye drop administration requires both the technical ability to easily squeeze out a single drop and the hand-eye coordination to find the eye and squeeze the drop onto the eye. 5)SUPPORT. The California Academy of Eye Physicians and Surgeons (CAEPS), a cosponsor of this bill, states in support that this bill is in the patients' best interests, particularly for glaucoma and antibiotic agents that can be viewed as sight-saving. Running out of drops early is particularly common in the elderly who may have difficulty self-administering medications. While some plans allow early refill, this bill would create a uniform requirement. CAEPS notes this bill's current provisions are identical to those contained in AB 2418 (Bonilla and Skinner) of 2014 which passed the Legislature but was vetoed by the Governor because of apparent concerns with other provisions of that bill that were not related to TOPs. The California Optometric Association (COA), also a cosponsor of this bill, argues that TOPS are used to treat a wide array of acute and chronic conditions, such as glaucoma and conjunctivitis. Glaucoma patients are often elderly and have difficulty dispensing the appropriate amount of eye drops, thereby requiring early refills of their medication. It is a common occurrence for patients to have drops hit their cheeks or to have two or more eye drops come out of the bottle at once when only one is needed. This unavoidable waste of drops is a major reason that some patients run out of their drops too soon. 6)OPPOSITION. The California Association of Health Plans (CAHP) AB 1831 Page 9 argues that prescription eye drops are costly and there is no mechanism to verify if a patient's eye drops were lost or spilled. Allowing early refills without conditions attached could lead to improper usage and potential abuse. Allowing the refill to be filled at a certain number of days would be easier to track. CAHP also argues that potential state fiscal exposure, elimination of risk management programs under the ACA and consumer price sensitivity make this a particularly bad time to pass additional benefit mandates. The Association of California Health Insurance Companies and America's Health Insurance Plans oppose all mandate bills introduced this year because of possible state financial exposure, the need for a robust health insurance marketplace offering competition and choice, and the fact that mandates stifle the use of innovative, evidence-based medicine. 7)PREVIOUS LEGISLATION. AB 2418 would have required health plan contracts and health insurance policies to allow for the synchronization of prescription refills, and to permit refill of TOPs at 70% of the predicted days of use. AB 2418 was vetoed by the Governor. REGISTERED SUPPORT / OPPOSITION: Support California Academy of Eye Physicians and Surgeons (cosponsor) California Optometric Association (cosponsor) AB 1831 Page 10 American Federation of State, County and Municipal Employees, AFL-CIO California Congress of Seniors Health Access California Several individuals Opposition America's Health Insurance Plans Association of California Health Insurance Companies California Association of Health Plans Analysis Prepared by:John Gilman / HEALTH / (916) 319-2097 AB 1831 Page 11