BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 2115| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 2115 Author: Wood (D) Amended: 8/2/16 in Senate Vote: 21 SENATE HEALTH COMMITTEE: 7-0, 6/29/16 AYES: Hernandez, Nguyen, Hall, Mitchell, Nielsen, Pan, Roth NO VOTE RECORDED: Monning, Wolk SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 ASSEMBLY FLOOR: 71-0, 5/23/16 - See last page for vote SUBJECT: Health care coverage: disclosures SOURCE: California Life Science Association DIGEST: This bill requires health plans and health insurers to inform an individual who ceases to be enrolled in coverage that additional information on low- or no-cost programs for health care and prescription medicines may be found on the Office of the Patient Advocate's Internet Web site but these programs may not meet the requirements of the individual mandate under the federal Patient Protection and Affordable Care Act (ACA). ANALYSIS: Existing law: AB 2115 Page 2 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 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 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. AB 2115 Page 3 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) to 6) above. This bill: 1)Adds to notices required of health plans and health insurers when an individual ceases to be enrolled in coverage a statement indicating that additional information on low- or no-cost programs for health care and prescription medicines may be found on the Office of the Patient Advocate's Internet Web site but these programs may not meet the requirements of the individual mandate under the ACA. 2)Requires this notice to be provided on and after January 1, 2018. 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 AB 2115 Page 4 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, 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 Web site. 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 AB 2115 Page 5 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 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 of the study 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; and the author 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. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: Yes AB 2115 Page 6 SUPPORT: (Verified 8/9/16) California Life Science Association (source) National Multiple Sclerosis Society OPPOSITION:(Verified 8/9/16) Association of California Life and Health Insurance Companies Blue Shield of California California Association of Health Plans Kaiser Permanente ARGUMENTS IN 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, this bill has been amended to delete sections applicable to Cal-COBRA (a California specific version of the federal Consolidated Omnibus Budget Reconciliation Act) 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. ARGUMENTS IN 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 AB 2115 Page 7 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 drug use should be obtained. The Association of California Life and Health Insurance Companies (ACLHIC) writes that it is unclear 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. ASSEMBLY FLOOR: 71-0, 5/23/16 AYES: Achadjian, Alejo, Travis Allen, Atkins, Baker, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Frazier, Beth Gaines, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, McCarty, Medina, Melendez, Mullin, Nazarian, O'Donnell, Olsen, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon NO VOTE RECORDED: Arambula, Bigelow, Brough, Eggman, Gallagher, Jones-Sawyer, Mayes, Obernolte, Patterson Prepared by:Teri Boughton / HEALTH / (916) 651-4111 8/10/16 16:00:46 **** END **** AB 2115 Page 8