BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 1831 (Low) - Health care coverage: prescription drugs: refills ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: June 9, 2016 |Policy Vote: HEALTH 9 - 0 | | | | |--------------------------------+--------------------------------| | | | |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 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 AB 1831 (Low) Page 1 of ? 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 AB 1831 (Low) Page 2 of ? 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 AB 1831 (Low) Page 3 of ? 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. -- END --