BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON HEALTH
                          Senator Ed Hernandez, O.D., Chair

          BILL NO:                    AB 2115             
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          |AUTHOR:        |Wood                                           |
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          |VERSION:       |May 11, 2016                                   |
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          |HEARING DATE:  |June 29, 2016  |               |               |
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          |CONSULTANT:    |Teri Boughton                                  |
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           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  







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            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.









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           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  :  
          
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          |Assembly Floor:                     |71 - 0                      |
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          |Assembly Appropriations Committee:  |14 - 0                      |
          |------------------------------------+----------------------------|
          |Assembly Health Committee:          |19 - 0                      |
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          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,  








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            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  








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            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  








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            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  








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            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  








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            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


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