BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 1831 (Low) - Health care coverage:  prescription drugs:   
          refills
          
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          |Version: June 9, 2016           |Policy Vote: HEALTH 9 - 0       |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: August 1, 2016    |Consultant: Brendan McCarthy    |
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          This bill meets the criteria for referral to the Suspense File.

          Bill  
          Summary:  AB 1831 would require health insurers and health plans  
          to provide coverage for early refills of prescription topical  
          ophthalmic products (prescription eye drops).


          Fiscal  
          Impact:  
           Minor costs to review health insurer filings and take  
            enforcement actions, as necessary, by the Department of  
            Insurance (Insurance Fund).

           Minor costs to review health plan filings and take enforcement  
            actions, as necessary, by the Department of Managed Health  
            Care (Managed Care Fund).

           Ongoing costs of about $200,000 per year for increased  
            utilization of covered topical ophthalmic products by Medi-Cal  
            beneficiaries (General Fund and federal funds). The California  
            Health Benefits Review Program analyzed a prior version of the  
            bill that would have required early refills at 70% of  







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            predicted use days. Based on the current version of the bill,  
            which requires early refills at 76% - 77% of predicted days,  
            the costs to the Medi-Cal program are likely to be about  
            one-half of the previously projected costs.

           Minor costs to the CalPERS due to increased prescription drug  
            benefit costs (various funds). Similar to the costs projected  
            for the Medi-Cal program, the costs of the current bill are  
            likely to be about one-half of the previously 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 are receiving subsidized coverage through  
            Covered California. Because this bill does not mandate a new  
            benefit, but only change the terms of an existing benefit  
            (prescription drugs), the bill is not expected to result in  
            the state being responsible for subsidizing coverage.


          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.

          The federal Affordable Care Act and implementing legislation  
          enacted in California make a variety of changes to the  
          individual and group health insurance market. Changes to the  
          market include a requirement for "guaranteed issue" of coverage  
          if premiums are paid, a prohibition on denials of coverage for  
          preexisting conditions, and many other regulatory requirements.  
          In addition, non-grandfathered plans are required to provide  
          specified essential health benefits, including coverage of  
          prescription drugs.

          Topical ophthalmic products (prescription eye drops) are used to  
          treat a variety of conditions of the eye, either acute  
          conditions or chronic conditions. Unlike prescription drugs  
          taken in pill form, a patient may have difficulty accurately  








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          dropping the required number of drops into one or both eyes.  
          Therefore, there is a greater likelihood that accidentally  
          putting too many drops into the eye or missing the eye will  
          result in wastage of the product. In such cases, the patient may  
          run out of the product before the next prescription refill is  
          allowed. According or information included in the California  
          Health Benefits Review Program analysis of this bill, the  
          published literature indicates that 25% of sampled glaucoma  
          patients report experiencing early exhaustion of their  
          ophthalmic product and 5% report early exhaustion five or more  
          times per year.


          Proposed Law:  
            AB 1831  would require health insurers and health plans to  
          provide coverage for early refills of prescription topical  
          ophthalmic products.
          Specific provisions of the bill would:
           Require a health plan contract or health insurance contract  
            issued or renewed after July 1, 2017 that provides  
            prescription drug coverage to allow early refills of topical  
            ophthalmic products;
           For a 30-day supply, allow an early refill at least 23 days  
            from the original prescription or latest refill (77% of  
            expected days);
           For a 90-day supply, allow an early refill at least 68 days  
            from the original prescription or latest refill (76% of  
            expected days);
           Prohibit a requested early refill from exceeding the  
            additional quantities prescribed by the provider (e.g. the  
            allowed refills on the prescription);
           Specify that the bill does not prevent a health insurer or  
            health plan from allowing early refills at 70% of expected  
            days;
           Specify that the bill shall not be construed to establish a  
            new benefit mandate or prevent the application of a deductible  
            or copayment.


          Related  
          Legislation:  AB 2418 (Bonilla, 2014) included language similar  
          to the contents of this bill, amongst other benefit mandate  
          requirements. That bill was vetoed by Governor Brown. However,  
          the Governor's veto message did not reference the portions of AB  








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          2418 that are included in this bill.


          Staff  
          Comments:  According to the California Health Benefits Review  
          Program, the bill is likely to improve adherence amongst  
          patients who are generally adherent to their medical advice, but  
          who face a gap in use due to wastage of their existing  
          prescription. The Program found that there is not sufficient  
          evidence to determine whether the modest increase in medical  
          adherence possible with early refills would measurably impact  
          the effectiveness of treatments.
          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.




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