BILL ANALYSIS Ó AB 1954 Page 1 ASSEMBLY THIRD READING AB 1954 (Burke) As Amended May 9, 2016 Majority vote ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Health |14-4 |Wood, Maienschein, |Lackey, Patterson, | | | |Bonilla, Burke, |Steinorth, Waldron | | | |Campos, Chiu, | | | | |Dababneh, Gomez, | | | | | | | | | | | | | | |Roger Hernández, | | | | |Nazarian, Olsen, | | | | |Rodriguez, Santiago, | | | | |Thurmond | | | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |15-5 |Gonzalez, Bloom, |Bigelow, Gallagher, | | | |Bonilla, Bonta, |Jones, Obernolte, | | | |Calderon, Chang, |Wagner | | | |Daly, Eggman, Eduardo | | | | |Garcia, McCarty, | | | | |Holden, Quirk, | | | | |Santiago, Weber, Wood | | | | | | | AB 1954 Page 2 | | | | | ------------------------------------------------------------------ SUMMARY: Creates the Direct Access to Reproductive Health Care Act which prohibits health care service plans or health insurance policies from requiring an enrollee or insured to receive a referral before receiving coverage of services for reproductive or sexual health care. Defines reproductive and sexual health care by reference to existing law as specified. Exempts specialized health care service plan contracts or any health care service plan that is governed by the Medi-Cal Benefits Program. FISCAL EFFECT: According to the Assembly Appropriations Committee, costs in the range of $50,000 per year to the Department of Managed Health Care and minor costs to the California Department of Insurance for ensuring and enforcing compliance. The Assembly Appropriations Committee also notes that while this bill could slightly increase utilization of reproductive and sexual health care in the private health care market, it does not appear to result in a noticeable premium impact. Although access to some of these services without a referral varies by plan, the services are covered under current law. COMMENTS: California has a long history of, and commitment to, expanding access to services that aim to reduce the risk of unintended pregnancies, improve reproductive and sexual health outcomes, and reduce costs. The Legislature has also passed measures to help health plan enrollees and insureds access to timely health care by setting standards and policies regarding wait times for an appointment. This bill allows patients in commercial health plans to obtain family planning and sexual health services without referrals from other providers, including advanced practice clinicians, like nurse practitioners and certified nurse-midwives. It is hereby the intent of the AB 1954 Page 3 Legislature in enacting this act to build on current state and federal law to increase timely, equal, and direct access to time-sensitive and comprehensive reproductive and sexual health care services for enrollees in health care service plans or insureds under health insurance policies. The California Family Health Council (CFHC), sponsor of this bill, writes that commercial plans operating in California vary in terms of referral policies and this variance has created a patchwork of coverage and access to time-sensitive reproductive health services. The CFHC also states that requiring referrals triggers potential confidentiality concerns that lead to further delays in obtaining care and for women seeking abortion services, delays in referrals can delay them from receiving time-sensitive information and services. Finally, CFHC notes that this bill would remove unnecessary administrative burdens that cause delays in care, and level the playing field to create greater, more equitable access to services without referrals. This bill is co-sponsored by CFHC and the California Latinas for Reproductive Justice and is supported by other groups. The California Association of Health Plans, the Association of California Life and Health Insurance Companies, and America's Health Insurance Plans (AHIP) were opposed to a prior version of this bill and contended that health insurance mandates threaten efforts of all health care stakeholders to provide consumers with meaningful health care choices and affordable coverage options. Additionally, AHIP writes that California already requires direct access to obstetricians and gynecologists for all women's health care services, including reproductive and sexual health care services. AB 1954 Page 4 The California Catholic Conference (CCC) states that this bill goes a step further than current law in reducing the standard of health care for women and girls because it would bypass the referral process in the health care system. The CCC states that this bill would not be in the best interest of women, nonetheless young girls who are generally less informed about their own reproductive and sexual health care. The California Right to Life Committee, Inc. states that this bill appears to be an attempt to secure a prominent position for Planned Parenthood and is detrimental to women's and children's health, irresponsible spending of health care dollars and an actual barrier to the betterment of lives. Analysis Prepared by: Kristene Mapile / HEALTH / (916) 319-2097 FN: 0002872