BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2436


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          Date of Hearing:  May 18, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2436 (Roger Hernández) - As Amended April 27, 2016


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          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:











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          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:









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          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  








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            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  








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                 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