BILL ANALYSIS                                                                                                                                                                                                    Ó



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

          AB 1954 (Burke) - Health care coverage:  reproductive health  
          care services
          
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          |Version: June 27, 2016          |Policy Vote: HEALTH 7 - 2       |
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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 1954 would prohibit health insurers and health  
          plans from requiring an enrollee to receive a referral before  
          accessing services for reproductive and sexual health care.


          Fiscal  
          Impact:  
           One-time costs of $150,000 and ongoing costs of $20,000 per  
            year for the adoption of regulations and the review of plan  
            filings by the Department of Managed Health Care (Managed Care  
            Fund).

           Ongoing costs of about $10,000 per year for review of health  
            insurer filings by the Department of Insurance (Insurance  
            Fund).

           No impact to the Medi-Cal program is anticipated, as the bill  
            specifically excludes health plans that contract with the  
            Medi-Cal program from the requirements in the bill.








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           No significant cost impact is anticipated for health care  
            coverage paid for by CalPERS. According to an analysis of a  
            prior version of this bill (which would have also required  
            health insurers and health plans to provide access to  
            out-of-network providers of reproductive and sexual health  
            care services), the California Health Benefits Review Program  
            projected that there would not be a significant overall  
            increase in utilization of services. Therefore, the Program  
            projects that the bill will not result in an increase in  
            health care premiums for CalPERS.

           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  
            (access to reproductive and sexual health care services), 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.

          Under current law, reproductive and sexual health care services  
          are covered benefits and must be provided by health insurers and  
          health plans. Current law specifies that health insurers and  
          health plans must provide coverage for approved contraceptive  
          drugs and devices, voluntary sterilization, patient education  
          relating to contraception, and follow up services. 

          Current law requires health insurers and health plans to allow  
          enrollees to seek obstetrical and gynecological services  
          directly from providers in a health insurance or health plan  
          network, without receiving a prior referral for those services.










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          Proposed Law:  
            AB 1954 would prohibit health insurers and health plans from  
          requiring an enrollee to receive a referral before accessing  
          services for reproductive and sexual health care.
          Specific provisions of the bill would:
           Prohibit health insurance policies and health plans from  
            requiring an enrollee to receive a referral prior to receiving  
            coverage or services for reproductive and sexual health care;
           Define reproductive and sexual health care services by  
            reference to existing law;
           Specify that the requirements of the bill apply to minors;
           Authorize health insurers and health plans to establish  
            reasonable utilization protocols for providers in the health  
            insurance or health plan network;
           Authorize health insurers and health plans to establish  
            reasonable provisions governing communication with the  
            enrollee's primary care physician;
           Prohibit health insurers and health plans from imposing  
            utilization controls for contraceptive drugs or devices beyond  
            what is currently authorized in law;
           Exempt specialized health plans, Medi-Cal managed care plans,  
            Medicare plans, and several other specialty health insurance  
            products.


          Staff  
          Comments:  According to an analysis of a prior version of this  
          bill, there are some potential public health benefits associated  
          with providing quicker access to reproductive and sexual health  
          care services. For example, there is evidence that access to  
          emergency contraception, sexually transmitted disease testing  
          and treatment, and the collection of forensic evidence and/or  
          emergency contraception following sexual assault or rape all  
          have public health benefits when provided quickly. Whether or  
          not this bill substantially increases access to those services  
          in a timely way is unclear, therefore the Program was not able  
          to quantify benefits to public health.
          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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