BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1954


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          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


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          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


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          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.  












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          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