BILL ANALYSIS                                                                                                                                                                                                    Ó



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          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  








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            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,  








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            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  








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               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.











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             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  








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               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  








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            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  








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               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)  








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            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)









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          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
















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