BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 19, 2016


                            ASSEMBLY COMMITTEE ON HEALTH


                                   Jim Wood, Chair


          AB 2209  
          (Bonilla) - As Amended April 7, 2016


          SUBJECT:  Health care coverage:  clinical care pathways.


          SUMMARY:  Establishes the Patient-Centered Clinical Care Pathway  
          Act of 2016 and sets requirements for health care service plans  
          (health plan) and health insurers when implementing clinical  
          care pathways (CCPs).   Specifically, this bill:  


          1)Defines CCP as a multidisciplinary management tool based on  
            evidence-based practices used by providers involved in patient  
            care, for a defined patient group with a particular disease or  
            condition, or undergoing a particular procedure, that is used  
            by the provider as a tool to make medical treatment decisions  
            to manage the enrollee's care, in which the different tasks,  
            interventions, or treatment regimens used by the provider  
            involved in the enrollee's care are defined, optimized, and  
            sequenced.  Specifies that the use of a CCP by a provider  
            relates to the practice of medicine and is not a coverage  
            decision.

          2)References the definition of coverage decision in existing  
            law.  

          3)Requires a health plan or health insurer that adopts a CCP to  
            do all of the following:








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             a)   Ensure that each CCP is developed in accordance with the  
               following procedures:

               i)     The CCP is developed by a multidisciplinary group of  
                 actively practicing physicians with clinical expertise in  
                 the therapeutic area or an organization generally  
                 recognized within the relevant medical community as a  
                 body with clinical expertise in the therapeutic area.  A  
                 health plan or health insurer may collaborate with  
                 prescribing practitioners to include CCPs that are  
                 already established or integrated into the prescribing  
                 practitioners' treatment patterns, as required; and,

               ii)    Prior to finalization, the CCP is reviewed and  
                 endorsed by a formal, identified review panel as  
                 specified and is subject to an opportunity for review by  
                 stakeholders, as specified.

             b)   Ensure that each CCP specifies that a prescribing  
               practitioner participating in a CCP should make  
               recommendations concerning the treatment, management, or  
               prevention of the relevant disease or condition for a  
               specific patient in accordance with the prescribing  
               practitioner's clinical judgment and the individual  
               patient's needs and medical circumstances.

             c)   Review and update, as appropriate, but not less than  
               annually, each CCP, and establish and maintain a procedure  
               by which prescribing practitioners may seek a review or an  
               update of a CCP, as specified; and,

             d)   Provide prescribing practitioners, enrollees or  
               subscribers, and the public with readily available access  
               to all of the following:
               i)     Each CCP;

               ii)    All scientific data and evidence summaries evaluated  
                 in the development of the pathway; and,








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               iii)   The names of the physicians and other members who  
                 conducted the research, developed the analysis, and  
                 assessed the CCP.

          4)Prohibits a health plan or health insurer adopting a CCP that  
            hinders education, research, patient screening, or patient  
            access to clinical trials or requiring any practitioner  
            participation in a pathway protocol or adherence to specific  
            treatments within the CCP.

          5)Provides that a health plan that adopts the use of a CCP shall  
            make publicly available for each CCP all of the following  
            information:

             a)   The scope of the CCP, as specified;

             b)   The key clinical features of the CCP, as specified;

             c)   The names, qualifications, and any conflicts of interest  
               of the physicians or organization that developed the CCP;

             d)   A listing of all panel members who participated in the  
               review of the CCP, including the institutional  
               affiliations, medical specialties, and any conflicts of  
               interest of the panel members;

             e)   The sources of evidence on which the CCP is based,  
               including the identification of the differences between the  
               CCP and the underlying clinical practice guideline or  
               similar document, if any, and explanation why the CCP  
               excludes particular items or services;

             f)   A narrative providing a comprehensive summary of the  
               evidence on which the CCP is based, including important  
               issues the physicians or organization considered in  
               interpreting the evidence and developing the CCP; and,

             g)   Information on the process for, and timing of, the  








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               health care service plan's review and update of CCPs, as  
               required.
          


          EXISTING LAW:  


          1)Establishes the Department of Managed Health Care (DMHC) to  
            regulate health plans and the California Department of  
            Insurance (CDI) to regulate health insurers.

          2)Requires health plans to maintain the following:  

             a)   Complete drug formulary or formularies, including a list  
               of prescription drugs on the formulary of the plan by major  
               therapeutic category with an indication of whether any  
               drugs are preferred over other drugs;

             b)   Records developed by the pharmacy and therapeutic  
               committee of the health plan that fully describe the  
               reasoning behind formulary decisions; and,

             c)   Health plan arrangements with entities that are  
               associated with activities of the health plan to encourage  
               formulary compliance or otherwise manage prescription drug  
               benefits.  

          3)Requires health plans to disclose or provide for the  
            disclosure the process the health plan, its contracting  
            provider groups, or any entity with which the plan contracts  
            for services that include utilization review or utilization  
            management functions, uses to authorize, modify, or deny  
            health care services under the benefits provided by the health  
            plan, including coverage for sub-acute care, transitional  
            inpatient care, or care provided in skilled nursing  
            facilities.   Requires health plans to disclose those  
            processes to enrollees or persons designated by an enrollee,  
            or to any other person or organization, upon request.   








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            Provides that the criteria or guidelines used by health plans,  
            or any entities with which plans contract for services that  
            include utilization review or utilization management  
            functions, to determine whether to authorize, modify, or deny  
            health care services shall:

             a)   Be developed with involvement from actively practicing  
               health care providers;

             b)   Be consistent with sound clinical principles and  
               processes; and,

             c)   Be evaluated, and updated if necessary, at least  
               annually. 

          4)Requires health plans to demonstrate that medical decisions  
            are rendered by qualified medical providers, unhindered by  
            fiscal and administrative management.  


          5)Establishes the Independent Medical Review (IMR) process as  
            part of the DMHC or CDI appeal process.

          6)Requires health plans or insurers or specialized dental plan  
            or insurance contracts that issue, sell, renew, or offer  
            contracts to, no later than September 30, 2015, and each year  
            thereafter, to file a report, to be known as the Medical Loss  
            Ratio (MLR) annual report, with the departments that contains  
            the same information required in the 2013 federal MLR Annual  
            Reporting Form.  Requires the DMHC or the CDI, as applicable  
            and, if a financial examination is determined to be necessary  
            to verify the representations in the MLR annual report, to  
            provide the health plan or health insurer with a notification  
            before conducting the examination, and would require the  
            health plan or health insurer to electronically submit to the  
            appropriate department specified requested records, books, and  
            papers.  Declares the intent of the Legislature that the data  
            reported pursuant to these provisions be considered by the  
            Legislature in adopting a MLR standard for health plans and  








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            specialized health insurance policies that cover dental  
            services that would take effect no later than January 1, 2018.  
            Authorizes the DMHC and the CDI, until January 1, 2018, to  
            issue guidance to health plans and health insurers of  
            specialized health insurance policies subject to these  
            provisions regarding compliance with these provisions, as  
            specified.



          FISCAL EFFECT:  This bill has not yet been analyzed by a fiscal  
          committee.  


          


          COMMENTS:  


          1)PURPOSE OF THIS BILL.  According to the author, CCPs are  
            structured care plans used to detail the care of patients for  
            a specific disease and dictate the exact sequence of  
            treatments that physicians should follow.  Medical groups and  
            hospitals develop CCPs in a scientific and transparent manner  
            by publicly convening a committee of subject matter experts  
            from varying professional backgrounds and recommending best  
            patient treatment practices.  Once developed, the CCP is  
            continually reviewed and modified to reflect the latest  
            breakthroughs in research and treatment practices. The author  
            notes that the method of development, experts consulted, and  
            reviewed research are all open to scrutiny.  Additionally, the  
            author states that CCPs dictate what cancer drugs will and  
            will not be used to treat a specific cancer type.   
            Capitalizing on the ability to influence and limit cancer drug  
            usage, health plans have begun to develop their own CCPs.  
            Health plans refuse to fully disclose how they develop  
            pathways, making it impossible to determine if health plans  
            prioritize maximum cost savings over quality cancer care. 








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            The author contends that high quality patient care should  
            remain the priority when designing treatment plans.  When  
            health plans design their own CCPs, top priorities get shifted  
            towards cost management.  This bill will protect patients by  
            ensuring that CCPs developed by health plans are based on  
            cutting edge science and clinical experience and each  
            patient's specific circumstances where the top priority is to  
            provide high quality patient care.


            According to the sponsors of this bill, Association of  
            Northern California Oncologists, Medical Oncology Association  
            of Southern CA, and California Medical Association, in January  
            2015, the American Society of Clinical Oncology (ASCO)  
            established the Task Force on Clinical Pathways to review the  
            current landscape of oncology pathway use and recommended a  
            set of principles for the development and use of CCPs in  
            cancer care.  The Task Force gathered and reviewed extensive  
            information regarding the rapidly evolving environment of  
            oncology pathways in the United States.  The deliberations of  
            the Task Force have been reviewed and were approved by ASCO's  
            Board of Directors on August 12, 2015, as recommendations by  
            ASCO for the development and use of CCPs in oncology.  As part  
            of the nine items recommended, ASCO indicated that oncology  
            pathways should be developed through a process that is  
            consistent and transparent to all stakeholders.  ASCO  
            concluded that when used appropriately, oncology pathways can  
            be instrumental in managing value-based payment models being  
            proposed and used going forward.  However, oncology pathways  
            must be developed and used appropriately and efficiently to  
            guide care recommendations and coverage policies. 


          2)BACKGROUND.  


             a)   California Health Benefits Review Program (CHBRP)  
               analysis.  AB 1996 (Thomson), Chapter 795, Statutes of  








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               2002, requests the University of California to assess  
               legislation proposing a mandated benefit or service and  
               prepare a written analysis with relevant data on the  
               medical, economic, and public health impacts of proposed  
               health plan and health insurance benefit mandate  
               legislation. CHBRP was created in response to AB 1996. SB  
               125 (Ed Hernandez), Chapter 9, Statutes of 2015, added an  
               impact assessment on essential health benefits, and  
               legislation that impacts health insurance benefit designs,  
               cost sharing, premiums, and other health insurance topics.   



               The Committee requested CHBRP to conduct an analysis of  
               this bill but states that it is unaware of any standard  
               clinical or legal definition of CCPs and the definitions  
               provided in literature vary.  Based upon the definition as  
               introduced in the bill (this bill was subsequently amended  
               on April 7, 2016), CHBRP noted that it was unable to  
               identify the extent to which this bill would prohibit  
               health plans and insurers use of utilization management  
               techniques so it was unable to provide a traditional  
               analysis of the potential medical effectiveness, cost, or  
               utilization impacts of this bill.  As such, CHBRP prepared  
               a brief that provides background and discusses the impact  
               on health outcomes and health interventions identified in  
               medical literature and cautions the introduced language  
               could have much broader impacts.  


               i)     Defining CCPs.  CHBRP is unaware of any standard  
                 clinical or legal definition of CCPs, and the definitions  
                 provided in the literature vary greatly.  A literature  
                 review by De Bleser et al. (2006) identified 84 different  
                 definitions for CCPs.  These definitions included broad  
                 terms such as care pathway, protocol, and guideline. A  
                 team of Cochrane Review authors reviewed the 84  
                 definitions of CCPs and put forth several criteria that  
                 they suggested be used as a basis for development of a  








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                 standardized, internationally accepted definition of  
                 CCPs:


                  (1)       The intervention consists of a structured  
                    multidisciplinary plan of care; 
                  (2)       The intervention is used to assist the  
                    translation of guidelines or evidence into practice; 


                  (3)       The intervention details a set of necessary or  
                    recommended steps in a course of treatment or care in  
                    a plan, pathway, algorithm, guideline, protocol, or  
                    other "inventory of actions;"


                  (4)       The intervention describes timeframes or  
                    criteria-based progression to proceed through the  
                    steps; and,


                  (5)       The intervention aims to standardize care for  
                    a specific clinical problem, procedure, or episode of  
                    health care in a specific population.



                 To date, it appears that CCPs are used by payers/insurers  
                 for educational purposes or to offer incentives for  
                 adherence to the pathway; CHBRP found no published  
                 evidence of payers/insurers requiring adherence to CCPs  
                 or reducing payments if providers used treatments not on  
                 the pathway.  CHBRP identified multiple issues that  
                 complicate the assessment of the effectiveness of CCPs.   
                 The first issue relates to the portion of a physician's  
                 practice affected by any specific CCP used by a health  
                 plan or health insurer.  When providers are paid by  
                 several plans or health insurers that use different CCPs  
                 for a specific condition, the possibility of conflicting  








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                 CCPs could substantially diminish any positive effects.   
                 By contrast, when a CCP for a specific condition is used  
                 by a group of providers, it has the potential to be  
                 consistently implemented for all patients in the practice  
                 or group for whom the CCP is applicable.  A second  
                 complicating factor in assessing the effectiveness of  
                 CCPs is that published studies of health plan or insurer  
                 use of CCPs are much more limited and have focused on  
                 oncology in the outpatient setting, where treatment often  
                 spans several months or longer.  By contrast, published  
                 studies of provider use of CCPs are more variable in the  
                 diseases and conditions studied and the length of a  
                 treatment episode.  CHBRP states that the heterogeneity  
                 of the studies limits the generalizability of the  
                 findings, and the available evidence is insufficient to  
                 conclude that CCPs are more effective when implemented at  
                 the initiation of providers than at the initiation of  
                 plans/insurers.





               ii)    Impacts on health outcomes, processes of care, and  
                 costs.  Additionally, CHBRP states the evidence on the  
                 impacts of CCPs on health outcomes, processes of care,  
                 and costs tends to be condition-specific, so study  
                 results cannot be generalized beyond the  
                 diseases/conditions studied.  For health plan or health  
                 insurer use of CCPs, there are very few published  
                 studies, and the evidence is insufficient to assess the  
                 impacts on health outcomes. There is limited evidence  
                 from three studies with weak research designs using data  
                 from two health plans showing reduced oncology costs for  
                 oncology patients, and there is insufficient evidence to  
                 draw conclusions about cost impacts when CCPs are used  
                 for other conditions.  For provider use of CCPs, there is  
                 stronger evidence from higher-quality research studies  
                 that their use leads to improved health outcomes and  








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                 improved processes of care.  There is also evidence from  
                 studies with moderate to weak research designs that  
                 provider use of CCPs lowers costs.  The available  
                 evidence is insufficient to conclude that CCPs are more  
                 effective when implemented by providers than by  
                 plans/insurers.

             b)   Conflict of Interest.  This bill requires the health  
               plans and health insurers to identify any conflicts of  
               interest of the physicians or organization that developed  
               the CCP.  The federal Department of Health and Human  
               Services, Office of Inspector General has expressed concern  
               regarding the Centers for Medicare & Medicaid Services  
               (CMS) lack of oversight of Medicare Part D Pharmacy and  
               Therapeutics (P&T) Committees conflicts of interest.  As  
               the entities responsible for making Medicare Part D  
               formulary decisions, P&T Committees must ensure that their  
               decisions are made based on scientific evidence and not  
               based on the personal financial interests of committee  
               members.  Federal regulations require that Medicare Part D  
               sponsors follow their P&T Committee's decisions regarding  
               which drugs to place on formulary.  However, sponsors  
               ultimately can determine the tier placement of such drugs  
               based on P&T Committee recommendations. With respect to  
               conflicts of interest, federal laws and regulations  
               stipulate that at least one physician and at least one  
               pharmacist on the P&T Committee must be free of conflict  
               relative to the Part D sponsor, Part D plan, and  
               pharmaceutical manufacturers.



          3)SUPPORT.  The California Retired Teachers Association (CalTRA)  
            states that this bill would ensure that health plans and  
            insurers cannot implement CCPs that would limit access to  
            necessary care and insurance payment for that necessary care.   
            CalTRA believes that medical professionals and patients should  
            be able to determine the best appropriate care for individuals  
            based on sound medical practices.  California Chronic Care  








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            Coalition (CCCC) states that pathways are structured care  
            plans used to detail the care of patients for a specific  
            disease and dictate the exact sequence of treatments that  
            physicians should follow.  CCCC contends that health plans  
            have begun to develop their own pathways to capitalize on the  
            ability to influence and limit cancer drug usage and focus on  
            cost rather than patient care. CCCC contends that health plans  
            refuse to say how they develop pathways, making it impossible  
            to determine if health plans prioritize maximum cost savings  
            over quality cancer care.  Additionally, CCCC states that when  
            health plans design their own pathways, top priorities get  
            shifted towards cost management. The CCCC supports this bill  
            because it will protect patients by ensuring that when a  
            health plan develops pathways, they are doing so with 100%  
            transparency and accountability, using cutting edge science  
            and clinical experience and each patient's specific  
            circumstances where the top priority is to provide high  
            quality patient care.


            The Association of Northern California Oncologists (ANCO)  
            state that extensive research from clinical trials and  
            peer-reviewed publications is used in the development of the  
                                                                                       CCP and once developed, it is continually reviewed and  
            modified to reflect the latest breakthroughs in research and  
            treatment practices.  ANCO further states that the method of  
            development, experts consulted, and research reviewed are all  
            open to scrutiny.  The Medical Oncology Association of  
            Southern California (MOASC) also describes the ideal pathway  
            process and states that pathways can also be a dangerous  
            slippery slope that allows for insurance plans to dictate  
            medical treatments and can lead to social injustice where  
            treatment is determined by the insurance care in your pocket.   
            MOASC contends that these pathways focus on cost containment,  
            rather than optimal patient care, which is appropriate for a  
            for-profit corporation beholden to shareholder interest.   
            MOASC also states that health plans refuse to say how they  
            develop pathways, criteria for selecting treatments, the  
            identities, qualifications, affiliations, or conflicts of who  








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            develops the pathway, and goals and objections such that it is  
            impossible to determine if health plans prioritize max cost  
            savings over quality cancer care.  


          4)OPPOSITION.  The California Association of Health Plans  
            (CAHP), the Association of California Life and Health  
            Insurance Companies, and America's Health Insurance Plans  
            contend that health insurance mandates threaten efforts of all  
            health care stakeholders to provide consumers with meaningful  
            health care choices and affordable coverage options.  They  
            state that the Patient Protection and Care Act (ACA) requires  
            the state to pay for the increased cost associated with the  
            mandate for those enrollees who purchase health insurance on  
            the Exchange.  They also state that benefit mandates eliminate  
            the ability of health insurers and HMOs to provide unique  
            benefit packages aimed at the needs of consumers by requiring  
            individuals and employers to purchase benefits prescribed by  
            the Legislature, not driven by consumer choice.  Finally, the  
            opposition note that health benefit mandates stifle the use of  
            innovative, evidence based medicine.


            Blue Shield of California (BSC) states that this bill would  
            create unnecessary barriers to health plans implementing CCPs,  
            which are evidence-based practices used by providers to treat  
            some of the most serious illnesses.  BSC contends that the  
            health plan and its provider partners utilize evidence-based  
            programs across a range of services, covering everything from  
            joint replacement to cancer treatment.  California Association  
            of Provider Groups (CAPG) contends that CCPs are hard to  
            define; are a primary tool to reduce variation in practice  
            among providers; and, tying CCPs to financial incentives is an  
            effective way to improve quality of care.  


            Kaiser Permanente (Kaiser) states that this bill is vague and  
            broadly written that could enact onerous new reporting  
            requirements on the use of CCPs.  Kaiser states it does not  








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            require the use of or dictate CCPs, however it contends that  
            the collaborative nature of its model could be included in  
            this bill.  Kaiser notes that because its medical groups may  
            develop pathways in collaboration with health personnel  
            employed by the health plan and Kaiser Foundation Hospital  
            system, Kaiser's medical group must assume that any of  
            Kaiser's clinical guidelines, work flows and other practice  
            pattern could fall under this bill.  This includes its KP  
            HealthConnect, the electronic medical record system, and the  
            development of pharmaceutical formularies.  Finally, Kaiser  
            raises concerns with respect to the comment and review from  
            external groups indicating that this unprecedented process can  
            hinder appropriate changes to Kaiser's medical group's  
            practices based on new research.  


            According to Anthem Blue Cross (Anthem), it developed the  
            Cancer Care Quality Program (Program) to address issues with  
            respect to medical evidence and best practices; huge cost  
            variations; and current business models for oncologists.   
            Anthem states that its Program creates voluntary pathways that  
            in-network physicians can use to provide patients with  
            clinically appropriate, quality care with minimal side effects  
            at the best cost.  Anthem contends that this bill elects to  
            single out health plan pathways with additional oversight  
            standards.  While some of the provisions of this bill are  
            consistent with Anthem practice, Anthem opposes the  
            requirement that health plans release the names of third party  
            panelists and raises concerns that this is an attempt by drug  
            companies and others to gain access to the names of providers  
            in an attempt to influence the process.  Anthem also raises  
            concerns with the provision of this bill that hinders  
            education, research, patient screening or patient access to  
            clinical trials.  Finally, Anthem notes that this bill should  
            be applied to pathways developed by others, including pathways  
            and clinical drug trials in which providers are paid by drug  
            manufacturers for participation.  










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          5)POLICY COMMENTS.  This bill requires health plans to provide  
            information with respect to the implementation of CCPs as  
            defined in this bill.  However, as the CHBRP background  
            indicates, there is no standard clinical or legal definition  
            of CCPs and there is a lack of CCP studies and cost impacts  
            and the availability of standard elements of a CCP and the  
            process for development.   



             a)   CCP Study.  In an effort to better understand the CCP  
               process and give the Legislature sufficient information to  
               determine the appropriate mechanism or standard to use when  
               regulating CCPs, the Committee recommends that instead of  
               imposing specific requirements on CCP's, this bill should  
               instead require health plans beginning January 1, 2018, to  
               submit to the DMHC their existing procedures and protocols  
               or processes for establishing or administering CCPs.  As  
               part of this reporting requirement, health plans should  
               submit specified information on CCPs, including how they  
               are currently utilized, for what purposes, membership, and  
               any other information that could be relevant.  The DMHC  
               then reviews these filings and submits a report of its  
               findings to the Legislature.  
          


             b)   Definition of CCPs.  The Committee may wish to consider  
               narrowing the definition of CCPs as opponents have raised  
               concerns that the current definition may include practices  
               that are not currently identified as CCP, such as drug  
               formulary determinations and other potential  
               patient-centered assessment tools utilized by health plans  
               as part of the pre-authorization process.  



             c)   Other entities.  Since CCPs are also developed by other  
               entities, like providers and medical groups, hospitals, and  








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               drug manufacturers, the Committee may wish to consider  
               applying this bill to other entities.  



             d)   IMR.  With respect to the coverage decision referenced  
               in the definition of a CCP, the author may wish to consider  
               this reference and its impact on the IMR process in that a  
               particular service within a CCP can potentially be excluded  
               as not a covered benefit and therefore not subject to the  
               IMR process.  



          REGISTERED SUPPORT / OPPOSITION:




          




          Support


          Association of Northern California Oncologists


          Medical Oncology Association of Southern CA


          National Council of Asian Pacific Islander Physicians


          California Medical Association










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          California Chronic Care Coalition 


          California Retired Teachers Association


          Latinas Contra Cancer


          National Council of Asian Pacific Islander Physicians


          Ovarian Cancer Coalition of Greater California




          Opposition


          America's Health Insurance Plans 


          Anthem Blue Cross 


          Association of California Life and Health Insurance Companies


          Blue Shield of California 


          California Association of Health Plans


          California Association of Provider Groups


          Kaiser Permanente 








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          Analysis Prepared by:Kristene Mapile / HEALTH / (916) 319-2097