BILL ANALYSIS                                                                                                                                                                                                    Ó






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                                   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:










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          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.







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          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  







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            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  







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            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







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          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  







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          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


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