BILL ANALYSIS Ó AB 2115 Page 1 Date of Hearing: May 18, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 2115 (Wood) - As Amended May 11, 2016 ----------------------------------------------------------------- |Policy |Health |Vote:|19 - 0 | |Committee: | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: YesReimbursable: No SUMMARY: This bill requires health care service plans (health plans) and health insurers, when notifying enrollees who cease to be enrolled in plans or insurance products about other health care coverage options, to also provide information about reduced-cost prescription drugs available through manufacturer patient assistance programs. It also requires information on locating free or reduced-cost programs for health care and prescription medications, such as through the Internet Web Site of the Office of the Patient AB 2115 Page 2 Advocate. FISCAL EFFECT: Any impact to the Department of Managed Health Care (DMHC/ Managed Care Fund) and the California Department of Insurance (CDI/Insurance Fund) is expected to be minor and absorbable. COMMENTS: 1)Purpose. Existing law requires health plans and insurers to notify individuals terminating coverage of their options to continue receiving coverage. This would add information about manufacturer drug assistance programs. The author states this additional information would assist patients who can't afford necessary prescription drugs. 2)Background. The Centers for Medicare and Medicaid Services notes many pharmaceutical manufacturers sponsor programs that provide financial assistance or donation of free product. Patients must generally meet some eligibility criteria, including income and insurance status. Some programs will assist with copayments for insured patients. For instance, the Sovaldi Co-pay Coupon Program is run by Gilead, the maker of Sovaldi, a breakthrough Hepatitis C medication. This program assists patients who are "cash-pay" patients who do not have coverage, as well as patients with commercial insurance, with their share of cost for the drug. This program, for example, states it covers the out-of-pocket costs of prescriptions after the patient pays the first $5 per prescription fill, up to a maximum of 25% of the catalog price of a 12-week regimen. AB 2115 Page 3 Such programs are not without controversy. For instance, a 2014 "Perspective" in the New England Journal of Medicine entitled "Drug Companies' Patient-Assistance Programs - Helping Patients or Profits?" notes, "Assistance programs are a triple boon for manufacturers. They increase demand, allow companies to charge higher prices, and provide public-relations benefits. Assistance programs are an especially attractive proposition for firms that sell particularly costly drugs. Faced with high out-of-pocket costs, some patients may decide against taking an expensive medication. Patient-assistance programs can convert such patients from nonusers to users. Programs must incur costs for patients who would have used the drug even in the absence of a program, but manufacturers can afford to pay a lot of $25 or $50 copayments in return for even a small increase in the sales of a $50,000 drug." For those who are uninsured, patient assistance programs can provide help to afford medication that would otherwise be unaffordable. For insured patients, patient assistance programs change the economics of utilization management for plans and insurers, which can increase patient demand for more expensive drugs. For example, if there are two equally effective drugs available, a cheap generic with a $20 co-payment and a pricey brand-name drug with a $100 co-payment, a plan can encourage utilization of the cheaper drug through offering the lower co-payment. But if a patient assistance program brings the co-payment for the brand-name drug to $10, utilization of the brand-name drug, which is far more costly to the plan, could go up. Under this scenario of two equally effective drugs, the plan might pay far more than the patient would save, for the same therapeutic benefit to AB 2115 Page 4 the patient. 3)Prior legislation. AB 792 (Bonilla), Chapter 851, Statutes of 2012, requires health plans and health insurers to provide a notice informing individuals that they may be eligible for reduced-cost coverage through the Exchange or no-cost coverage through Medi-Cal when an enrollee or subscriber ceases to be enrolled in coverage. 4)Support and Opposition. This bill is supported by the biopharmaceutical industry, who indicates these programs provide financial assistance for lifesaving drugs that otherwise may be inaccessible due to cost. Health plans and insurers oppose this bill, citing; 1) a lack of data on the effectiveness, purpose, and effect on overall drug costs; 2) concern about requiring one industry to promote the activities of another; 3) concern that promoting these programs can have the effect of driving up costs for individuals and employers purchasing health coverage; and 4) current law signed last year that already establishes strict out-of-pocket limitations on prescription drugs and shields individuals from the drugs' astronomical costs. 5)Staff Comment. Concerns have been raised about patient assistance programs. Health policy experts have noted they can increase utilization of expensive drugs even when cheaper therapeutic alternatives are available, which does not appear consistent with principles of cost-effectiveness in health care delivery. Although, in theory, increased utilization of these programs among the insured population could raise health care costs by increasing demand for more costly medications, the effect of the specific notification required by the bill on health care costs is unknown. Many programs exclude AB 2115 Page 5 individuals with Medicaid (Medi-Cal) coverage. Analysis Prepared by:Lisa Murawski / APPR. / (916) 319-2081