BILL ANALYSIS Ó SENATE COMMITTEE ON HEALTH Senator Ed Hernandez, O.D., Chair BILL NO: AB 2115 --------------------------------------------------------------- |AUTHOR: |Wood | |---------------+-----------------------------------------------| |VERSION: |May 11, 2016 | --------------------------------------------------------------- --------------------------------------------------------------- |HEARING DATE: |June 29, 2016 | | | --------------------------------------------------------------- --------------------------------------------------------------- |CONSULTANT: |Teri Boughton | --------------------------------------------------------------- SUBJECT : Health care coverage: disclosures SUMMARY : Requires health plans and health insurers to inform an individual who ceases to be enrolled in coverage that he or she may be eligible for free or reduced cost prescription medicines through a manufacturer's patient assistance program. Existing law: 1)Provides for the regulation of health plans by the Department of Managed Health Care (DMHC), regulation of health insurers by the California Department of Insurance (CDI), and the administration of the Medi-Cal program by the Department of Health Care Services, which provides health coverage for qualified low income individuals, children, families and individuals who are aged and disabled. 2)Establishes federal and state-based market places or health benefit exchanges, under the federal Patient Protection and Affordable Care Act (ACA), such as Covered California, which make individual and small group health insurance products available for purchase. Exchanges also administer federal premium subsidies and cost-sharing reductions to help qualified purchasers afford health insurance purchased through an exchange. 3)Requires most Americans to have health insurance coverage or pay a tax penalty. Provides for open enrollment periods when individuals can purchase health insurance, and special enrollment periods which allow for the purchase of insurance within 60 days of certain life events including but not limited to marriage, divorce, and loss of group coverage. 4)Requires on and after January 1, 2014, a health plan or health AB 2115 (Wood) Page 2 of ? insurer providing individual or group health care coverage to provide to enrollees, subscribers, policyholders or certificate holders, who cease to be enrolled in coverage, a notice informing them that they may be eligible for reduced-cost coverage through Covered California or no-cost coverage through Medi-Cal. 5)Requires the notice to include information on obtaining coverage pursuant to those programs, and to be in no less than 12-point type, and developed by DMHC and CDI, no later than July 1, 2013, in consultation with Covered California. 6)Permits the notice to be incorporated into or sent simultaneously with and in the same manner as any other notices sent by the health plan or health insurer. 7)Exempts a specialized health plan contract, specialized health insurance policy, or a health insurance policy consisting solely of coverage of excepted health benefits, as specified, or a Medicare supplemental plan contract from the provisions described in 4)-6) above. This bill: 1)Adds to notice requirements of health plans and health insurers when an individual ceases to be enrolled in coverage that he or she may be eligible for free or reduced cost prescription medicines through a manufacturer's patient assistance program, and that the Office of the Patient Advocate also be consulted in the development of the notice. 2)Requires the notice to include a statement clarifying that assistance through a manufacturer's patient assistance program does not constitute coverage under, and will not meet the requirements of the individual mandate under, the ACA. 3)Requires the DMHC and CDI to include information in the notice on locating free or reduced cost programs for health care and prescription medicines, such as through the Internet Web site of the Office of the Patient Advocate. 4)Requires this notice to be provided on and after January 1, 2017. AB 2115 (Wood) Page 3 of ? FISCAL EFFECT : According to the Assembly Appropriations Committee, any impact to DMHC (Managed Care Fund) and CDI (Insurance Fund) is expected to be minor and absorbable. PRIOR VOTES : ----------------------------------------------------------------- |Assembly Floor: |71 - 0 | |------------------------------------+----------------------------| |Assembly Appropriations Committee: |14 - 0 | |------------------------------------+----------------------------| |Assembly Health Committee: |19 - 0 | | | | ----------------------------------------------------------------- COMMENTS : 1)Author's statement. According to the author, despite California's implementation of the ACA, which created or expanded coverage options for many Californians, gaps remain - with an estimated 3.8 million Californians under age 65 remaining without coverage. Compared to their insured counterparts, California's uninsured have reported having a significantly lower health status and a substantially higher rate of not seeking care due to cost concerns. Nationwide, an estimated 125,000 deaths per year and between 33 and 69% of medication-related hospital admissions are a result of patients not getting or taking a prescribed medicine in a timely manner. Washington State established a program using navigators and online resources to assist consumers in finding appropriate patient assistance programs for their respective situations and medication needs, handling over 41 million prescriptions since 2009. A recent study of the Washington program found that patients receiving assistance in finding appropriate programs had nearly half the number of emergency department and hospital encounters as those not receiving such assistance. In helping to ensure Californians leaving coverage understand the programs available to them for free and reduced cost medicines, AB 2115 will help to reduce the potential negative health impact that delays in access to prescribed medicines can cause. 2)Prescription Assistance Programs. According to an April 2016 article in the Journal of Managed Care and Specialty Pharmacy, AB 2115 (Wood) Page 4 of ? there are over 200 Prescription Assistance Programs available from pharmaceutical companies. Use of these programs is hindered by inconsistent eligibility requirements and reported difficulties in identifying and applying for appropriate programs. These programs typically provide brand-name drugs at little or no cost to income-eligible patients. These programs remain underutilized by target populations. In a survey of 215 safety-net facilities in California, Florida, Illinois, and Texas, 22% of the clinics reported not using the programs at all because the enrollment process was too complex and time consuming. A nationwide effort sponsored by America's biopharmaceutical research companies called the Partnership for Prescription Assistance (PPA) has helped nearly 10 million uninsured and underinsured Americans get information about programs that provide prescription medicines for free or nearly free. PPA provides a single point of access to more than 475 patient assistance programs, including nearly 200 offered by biopharmaceutical companies. From April 2009 to May 2016, 320,830 California residents have been helped by PPA, according to its website. 3)Washington State. According to an April 2016 article in the Journal of Managed Care and Specialty Pharmacy in 2008, the Spokane Prescription Assistance Network (SPAN) was started as a pilot project to assist low-income adults with accessing affordable prescription medications. A SPAN patient prescription coordinator accepted referrals from area health clinics, social service organizations, pharmacies, hospitals, etc. The coordinator matched patients with appropriate prescription assistance programs and helped the patients apply for the programs. The coordinator followed-up with the patient and their providers regularly. The aim was to reduce unnecessary and avoidable health care encounters for patients having difficulty accessing prescription medications. Among 310 SPAN participants, emergency department and hospital encounters declined from .38 per participant the year before enrollment to .20 encounters in the year following program entry. SPAN was associated with a 51% decline in the rate of emergency department and hospital utilization. The study concluded a formalized patient prescription coordinator can help patients access prescribed medications at low cost and remain compliant with treatment plans. 4)Other studies. A 2009 study published in Health Affairs AB 2115 (Wood) Page 5 of ? concluded the benefits of patient assistance programs remain unclear. Little is known about these programs. A survey found much variability in their structures and application processes. Most of these programs cover only one or two drugs. Only 4% disclosed how many patients they had directly helped, and half would not disclose their income eligibility criteria. A 2014 perspective in the New England Journal of Medicine indicates that more than 300 drugs have associated patient-assistance programs, and manufacturers spend about $4 billion per year on these programs. The article says these programs increase demand, allow companies to charge higher prices, and provide public-relations benefits. In addition, patient-assistance programs may lead to higher drug prices as a result of the interplay between patent demand and prices. If patient demand is less sensitive to prices, manufacturers of on-patent drugs respond by setting higher prices. The author also points out that the federal Department of Health and Human Services (DHHS) has sent mixed signals about these programs and has discouraged hospitals and other providers from paying premiums or other cost-sharing liabilities for exchange enrollees. The author of the study believes DHHS is right to limit the scope of these programs and that these programs can help individual patients but are associated with hidden costs for insurers and taxpayers. 5)Medicare. Medicare.gov has links to information about patient assistance programs. The following information is on the Medicare.gov website. "Some pharmaceutical companies offer assistance programs for the drugs they manufacture. Click on the first letter of your drug name to see if any programs are available for the drugs you are taking. If your drug is on the list, click on "details" for detailed information about the program." The details provide information about eligibility criteria and benefits assistance as well as contact information for the program. 6)Office of Inspector General Report. The federal Office of Inspector General (OIG) published a report in September of 2014 on pharmaceutical manufacturers that offer copayment coupons to reduce or eliminate the cost of patients' out-of-pocket copayments for specific brand-name drugs. The federal anti-kickback statute prohibits the knowing and willful offer or payment of remuneration to a person to induce the purchase of any item or service for which payment may be made by a federal health care program. Manufacturers may be AB 2115 (Wood) Page 6 of ? liable under the anti-kickback statute if they offer coupons to induce the purchase of drugs paid for by federal health care programs, including Medicare Part D. The use of coupons by Medicare beneficiaries could impose significant costs on the Part D program because many coupons encourage beneficiaries to choose more expensive brand-name drugs over less expensive alternative drugs. In two surveys by outside groups, approximately 6-7% of seniors surveyed reported using coupons to purchase prescription drugs. The OIG concluded pharmaceutical manufacturers' current safeguards may not prevent all copayment coupons from being used for drugs paid for by Part D. 7)Related legislation. SB 1010 (Hernandez), would require health plans and health insurers that report health insurance rate information to also include information regarding covered prescription drugs. Requires DMHC and CDI to compile and report this data in an aggregated report to demonstrate the overall impact of drug costs on health care premiums. Requires any manufacturer of a prescription drug, who sells to or is reimbursed by a state purchaser, health plan, health insurer, or pharmacy benefit manager, to provide notice describing a price increase. Requires the Legislature to conduct an annual public hearing on aggregate trends in prescription drug pricing. SB 1010 is set to be heard in the Assembly Health Committee on June 28, 2016, AB 463 (Chiu of 2015), would have required pharmaceutical companies to file an annual report with OSHPD containing specified information regarding the development and pricing of prescription drugs. AB 463 was referred to the Assembly Health Committee but was never heard. 8)Prior legislation. AB 339 (Gordon, Chapter 619, Statutes of 2015), requires health plans and health insurers that provide coverage for outpatient prescription drugs to have formularies that do not discourage the enrollment of individuals with health conditions, and requires combination antiretrovirals drug treatment coverage of a single-tablet that is as effective as a multitablet regimen for treatment of HIV/AIDS, as specified. Places in state law, federal requirements related to pharmacy and therapeutics committees, access to in-network retail pharmacies, standardized formulary requirements, formulary tier requirements similar to those required of health plans and insurers participating in Covered AB 2115 (Wood) Page 7 of ? California and copayment caps of $250 and $500 for a supply of up to 30 days for an individual prescription, as specified. AB 792 (Bonilla, Chapter 851, Statutes of 2012), establishes notification requirements about the availability of reduced-cost coverage in Covered California and no-cost coverage available in Medi-Cal to an individual filing a dissolution or nullity of marriage, divorce or separation, or petitioning for adoption or for an individual who ceases to be enrolled in health coverage through a health plan or health insurer. 9)Support. The California Life Sciences Association (CLSA) writes that this bill is simply adding a new item to a list in an existing notice requirement for health plans and insurers, its costs should be minimal, especially in light of the significant potential for healthcare costs avoided and improvements in patients' health. Greater awareness of patient assistance programs among individuals who are at-risk of becoming uninsured could bring benefits similar to those seen in Washington. In response to concerns raised by health plans, the bill has been amended to delete sections applicable to Cal-COBRA and all specific language requirements for the notices, including website citations. CLSA believes this bill achieves, at a modest cost, a greater awareness of patient assistance programs, helping patients stay on their medications during coverage interruptions and consequently reducing preventable emergency room visits and other care as a result of medication non-adherence. 10)Opposition. The California Association of Health Plans (CAHP) writes that drug company-sponsored assistance programs provide a major advantage for manufacturers of brand name or otherwise costly drugs. These programs increase demand for brand name and costly products over lower cost and equally effective generics, which is why this bill is supported by the pharmaceutical industry. Researchers, government agencies, and payers have expressed a fair amount of skepticism about the intent and utility of these programs. These programs are banned or discouraged in certain public programs. CAHP states that due to a lack of transparency, very little is known about these programs or how they impact the health system. Before California starts promoting these programs, which provide a huge public relations benefit for drug companies, a better understanding of their purpose and impact on cost-effective AB 2115 (Wood) Page 8 of ? drug use should be obtained. The Association of California Life and Health Insurance Companies (ACLHIC) writes that it is unclear to us what problem this bill is intending to solve, and while the increased cost and administrative burden of updating current notices is an issue, even more concerning to ACLHIC's members is the decision to require one industry to promote the activities of another. Especially when taking into consideration that these programs can have a direct impact on driving up the cost of healthcare by steering patients toward higher cost brand name drugs when equally effective generic alternatives are available. Kaiser Permanente writes that federal law prohibits the use of these discount coupons (also known as third party payments in public programs) and discourages their use by health plans participating in ACA exchanges due to their effect of increasing drug spending. 11)Policy Comment. While connecting an uninsured patient with needed medications is clearly in the interest of the patient's health and, as demonstrated in the SCAN pilot, can lead to declines in emergency department use and hospitalizations, it is not clear how a notice about patient assistance programs provided to all enrollees and insured who cease their health coverage would result in these outcomes. Furthermore, if an individual who ceases coverage thinks he or she can get access to free or reduced cost medications, he or she might forgo pursuit of replacement coverage. Lack of health insurance coverage, especially for someone with a chronic condition, will be detrimental to his or her health. A study provided by this bill's sponsor points out that over the next 10 years, per-capita out-of-pocket spending on prescription medication is projected to rise by 34%. A 2015 poll conducted by the Kaiser Family Foundation indicates the top two health care concerns of respondents relate to the price of prescription drugs. Seventy-six percent listed "making sure that high-cost drugs for chronic conditions are affordable to those who need them" and 60% expressed a need for "government action to lower prescription drug prices." There are more meaningful actions pharmaceutical companies can take in order to expand access to their medications for people with chronic conditions, such as lowering their prices. SUPPORT AND OPPOSITION : Support: California Life Science Association (sponsor) AB 2115 (Wood) Page 9 of ? National Multiple Sclerosis Society Oppose: Association of California Life and Health Insurance Companies Blue Shield of California California Association of Health Plans Kaiser Permanente -- END --