BILL ANALYSIS Ó AB 2436 Page 1 Date of Hearing: May 18, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 2436 (Roger Hernández) - As Amended April 27, 2016 ----------------------------------------------------------------- |Policy |Health |Vote:|11 - 5 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: YesReimbursable: No SUMMARY: This bill requires health plans and insurers that provide coverage for prescription drug benefits to notify an enrollee of the following information at the time of delivery or within 30 days of purchase of a prescription drug: AB 2436 Page 2 1)The enrollee's share of the cost for the prescription drug, including any copayment, coinsurance, or other cost sharing, and the accumulation of that cost sharing to the enrollee's deductible, if any, or out-of-pocket maximum. 2)The publicly available, nonproprietary wholesale acquisition cost (WAC) of a prescription drug. This bill also requires the Department of Managed Health Care (DMHC) to adopt regulations regarding the manner in which plans will implement these requirements by January 1, 2018. FISCAL EFFECT: This bill will result in regulatory costs to both DMHC and the California Department of Insurance (CDI), to implement and establish a standardized process and notice requirements. 1)Costs to CDI of $40,000-$50,000 in FY 2016-17 and $40,000-$50,000 in FY 2017-18. 2)Costs to the DMHC's Office of Legal Services (OLS) of around $65,000 in FY 2016-17, $68,000 in FY 2017-18, and $65,000 in FY 2018-19. COMMENTS: AB 2436 Page 3 1)Purpose. The author states that this bill takes an important step towards transparency on prescription drug pricing for consumers. 2)Background. Rising prescription drug costs have recently been a subject of intense media scrutiny and public discussion. Gilead's Sovaldi, a breakthrough Hepatitis C treatment gained the moniker "the $1,000 pill." The CEO of Turing Pharmaceuticals, Martin Shkreli, became a household name after the company was widely criticized for raising the price of daraprim, a drug that treats toxoplasmosis in HIV patients, by over 5000% following its acquisition of rights to the drug in 2015. Health care coverage is a delicate balancing act between providing high-quality care at a cost that is affordable for both consumers and for other payers (generally employers and government). Under current law, health plans and pharmaceutical benefit managers attempt to meet patient needs for medication in a way that minimizes drug costs through negotiations with manufacturers, while meeting clinical standards of appropriate care. It is also recognized that some pharmaceutical profits are invested in innovation that potentially benefits consumers through new or better drug treatments, and that the development costs and failure rates for new drugs are high. According to the Organization for Economic Cooperation and Development (OECD), the United States is a clear outlier in pharmaceutical spending, spending significantly more than all other highly developed countries on pharmaceutical drugs, although U.S. drug spending is modest as a percentage of U.S. total health spending. Pharmaceutical costs have recently grown quickly, however. According to the Centers for Medicare and Medicaid Services (CMS), prescription drug spending AB 2436 Page 4 increased 12.2% to $297.7 billion in 2014, faster than the 2.4% growth in 2013. The increase is attributable to, among other factors, price inflation, reduced competition in the generic market, and the introduction of new high-cost specialty drugs. 3)Support. Health Access California, the sponsor of this bill, states that this bill would inform consumers about the costs of their prescription medications. The sponsor states that the United States is unusual among nations in relying on health plans and health insurers to negotiate prices for prescription drugs, and that those prices are far higher than in other countries. This bill is supported by other groups including Western Center on Law and Poverty, SEUI California, California Labor Federation, and Consumers Union. 4)Opposition Health plans and insurers, the California Chamber of Commerce, and the California Life Sciences Association oppose this bill. Blue Shield of California (BSC) states that this bill imposes duplicative requirements on health plans to disclose information to members, and that reporting the accumulation of cost sharing is an unworkable requirement. 5)Related Legislation. SB 1010 (Ed Hernandez), requires health plans and health insurers to file with regulators specified cost information regarding covered prescription drugs and requires notification by manufacturers of drug price increases. 6)Prior Legislation. a) AB 463 (Chiu) of 2015 would have required pharmaceutical companies to file an annual report with the Office of Statewide Health Planning and Development AB 2436 Page 5 containing specified information regarding the development and pricing of prescription drugs. The Assembly Health Committee hearing was canceled at the request of the author. b) AB 339 (Gordon), Chapter 619, Statutes of 2015, among other provisions, capped co-payments for prescription drugs. 7)Staff Comment. The fiscal estimate assumes CDI issues regulations, but the bill should be amended to grant CDI the explicit authority needed to issue the regulations. Analysis Prepared by:Lisa Murawski / APPR. / (916) 319-2081