BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2752


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          Date of Hearing:  April 19, 2016


                            ASSEMBLY COMMITTEE ON HEALTH


                                   Jim Wood, Chair


          AB 2752  
          (Nazarian) - As Amended April 12, 2016


          SUBJECT:  Health care coverage:  continuity of care.


          SUMMARY:  Requires a health care service plan (health plan) or a  
          health insurer to annually notify an enrollee or insured that  
          the enrollees's or insured's drug treatment or provider is no  
          longer covered by the plan or policy.  Specifically, this bill: 


          1)Requires a health plan or insurer, upon annual renewal of a  
            health plan contract or insurance policy that is issued,  
            renewed, or amended on or after January 1, 2017, to include in  
            renewal materials: 


             a)   A notice to an enrollee or insured if that enrollee's or  
               insured's current drug treatment is no longer covered by  
               the plan or has changed tiers in the health plan's or  
               insurer's formulary; and, 


             b)   Information regarding the health plan's or health  
               insurer's provider directory or directories.


          2)Exempts specialized health plans and specialized health  








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            insurers that cover dental or vision services.  


          EXISTING LAW:  


          1)Regulates health plans through the Department of Managed  
            Health Care (DMHC) under the Knox-Keene Act and health  
            insurance policies through the California Department of  
            Insurance (CDI) under the Insurance Code.  

          2)Requires health plans and insurers that provide prescription  
            drug benefits and maintain drug formularies to post the  
            formulary or formularies for each product offered by the plan  
            or insurer on the plan's or insurer's Website in a manner that  
            is accessible and searchable by potential enrollees and  
            insureds, enrollees, insureds and providers.

          3)Requires DMHC and CDI to develop a standard formulary template  
            that contains specified information by January 1, 2017.   
            Requires health plans and insurers to use the standard  
            formulary template within six months of the date the template  
            is developed by DMHC and CDI.

          4)Requires health plans and insurers to update their posted  
            formularies with any change to those formularies on a monthly  
            basis.

          5)Requires health plans, for certain contracts, to provide 60  
            days' notice prior to the effective date of the contract  
            renewal for any change in premium rate or coverage. 

          6)Requires a health plan, and a health insurer that contracts  
            with providers for alternative rates of payment, to publish  
            and maintain a provider directory or directories with  
            information on contracting providers that deliver health care  
            services to the health plan's enrollees or the health  
            insurer's insureds, and would require the health plan or  
            health insurer to make an online provider directory or  








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            directories available on the health plan or health insurer's  
            Internet Web site, as specified.

          FISCAL EFFECT:  This bill has yet to be analyzed by a fiscal  
          committee.  


          COMMENTS:  


          1)PURPOSE OF THIS BILL. According to the author, this bill  
            requires, at the time of renewal,  a health care service plan  
            or a health insurer to annually notify an enrollee or insured  
            that the enrollee's or insured's prescription drug is no  
            longer covered by the plan or policy or has changed tiers in  
            the plan's drug formulary, if that is the case.  For people  
            with serious and chronic conditions, making sure that the  
            health insurance plan they choose covers the prescription  
            drugs they need is important.  Making sure that the health  
            insurance plan with which they renew covers their prescription  
            drug is equally as important. Typically, the health insurance  
            plan was initially chosen because of the plan's decision to  
            cover his or her prescription drug. Often times, an enrollee  
            assumes that if the plan or policy covered his or her drug  
            before, then the plan will cover the drug for the new benefit  
            year. This bill takes the first step to guarantee consumers  
            are aware of formulary changes that affect their specific  
            prescription drugs by ensuring that, at least at the point of  
            plan/policy renewal, an enrollee or insured is notified of a  
            change if one has taken place.  This bill also builds upon  
            recent legislation relating to provider directories and  
            requires the plan or insurer to provide information about the  
            plan's or insurer's provider directories.

          2)BACKGROUND.

              a)    Prescription drug notices.  Recent legislation and  
                California's Health Benefit Exchange (also known as  
                Covered California) have made changes to prescription drug  








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                benefits, identifying prescription drug tiers and setting  
                cost-sharing limits.  For example, beginning in 2016,  
                Covered California plans will be required to limit  
                enrollee deductibles for prescription drugs to $250 for a  
                30-day supply of drugs in tier 4 ($500 for enrollees in a  
                bronze plan).  Covered California will also require  
                formularies to include at least one drug in tiers 1, 2, or  
                3 if all Food and Drug Administration approved drugs in  
                the same class would otherwise be included in the plan's  
                tier 4 and at least three drugs in that class are  
                available.  Generally, a drug in tier 1 has the lowest  
                cost sharing with tier 4 being the highest.  Recent  
                legislation defines the drugs tiers as follows:

             ------------------------------------------------------------- 
            |Tie|    Covered California    |       AB 339 (Gordon)        |
            | r |                          |                              |
            |---+--------------------------+------------------------------|
            | 1 |Most generic drugs and    |Most generic drugs and        |
            |   |low cost preferred brands |low-cost preferred brand name |
            |   |                          |drugs                         |
            |---+--------------------------+------------------------------|
            | 2 |Non-preferred generic     |Non-preferred generic drugs,  |
            |   |drugs; or preferred brand |preferred brand name drugs,   |
            |   |name drugs or recommended |and any other drugs           |
            |   |by the plan's pharmacy    |recommended by the health     |
            |   |and therapeutics (P&T)    |care service plan's P&T       |
            |   |committee based on drug   |committee based on safety,    |
            |   |safety, efficacy and      |efficacy, and cost.           |
            |   |cost.                     |                              |
            |---+--------------------------+------------------------------|
            | 3 |Non-preferred brand name  |Non-preferred brand name      |
            |   |drugs; or recommended by  |drugs or drugs that are       |
            |   |the plan's P&T committee  |recommended by the health     |
            |   |based on drug safety,     |care service plan's P&T       |
            |   |efficacy and cost; or     |committee based on safety,    |
            |   |generally have a          |efficacy, and cost, or that   |
            |   |preferred and often less  |generally have a preferred    |
            |   |costly therapeutic        |and often less costly         |








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            |   |alternative at a lower    |therapeutic alternative at a  |
            |   |tier.                     |lower tier.                   |
            |---+--------------------------+------------------------------|
            | 4 |The Food and Drug         |Drugs that are biologics,     |
            |   |Administration (FDA) or   |that the FDA or the           |
            |   |drug manufacturer limits  |manufacturer requires to be   |
            |   |distribution to specialty |distributed through a         |
            |   |pharmacies; or self-      |specialty pharmacy, that      |
            |   |administration requires   |require the enrollee to have  |
            |   |training, clinical        |special training or clinical  |
            |   |monitoring; or drug was   |monitoring for                |
            |   |manufactured using        |self-administration, or that  |
            |   |biotechnology or plan     |cost the health plan more     |
            |   |cost (net of rebates) is  |than six hundred dollars      |
            |   |more than $600.           |($600) net of rebates for a   |
            |   |                          |one-month supply.             |
             ------------------------------------------------------------- 



               Additionally, existing law requires the DMHC and CDI to  
               jointly develop a standard formulary template by January 1,  
               2017, and requires plans and insurers to use that template  
               to display formularies, as specified, and requires the  
               standard formulary template to include specified  
               information.


              b)    Provider network notices.  Recent legislation also  
                addresses provider directories, specifically that the DMHC  
                and CDI develop uniform provider directory standards in SB  
                137 (Hernandez), Chapter 649, Statutes of 2015, beginning  
                July 1, 2016.  SB 137 would also require a health plan or  
                health insurer to take appropriate steps to ensure the  
                accuracy of the information contained in the plan or  
                health insurer's directory or directories, and would  
                require the plan or health insurer, at least annually, to  
                review and update the entire provider directory or  
                directories for each product offered, as specified.   








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                Additionally, SB 137 would require a health plan or health  
                insurer, at least weekly, to update its online provider  
                directory or directories, and would require a plan or  
                insurer, at least quarterly, to update its printed  
                provider directory or directories. 


          3)SUPPORT.  California Chronic Care Coalition (CCCC), the  
            sponsor of this bill, states that this bill will fill a  
            continuity of care gap by providing an important information  
            tool for consumers to better understand health plan changes.   
            CCCC additionally states that this bill takes the first step  
            to ensure at least at the point of plan or policy renewal that  
            an enrollee or insured is notified of formulary and network  
            changes.  Epilepsy California states that this bill will  
            ensure that people with epilepsy will be informed of any  
            formulary changes that affect their medications to avoid a  
            delay in treatment.  The California Pharmacists Association  
            (CPhA) states that despite recent legislation to help  
            consumers better understand their prescription drug costs and  
            standardize provider directories, significant gaps in  
            awareness and notification still exist.   CPhA contents that  
            as a result, consumers are left unaware of such changes until  
            they pick up a prescription or make an appointment with their  
            provider.  Pharmacists see firsthand the frustration of  
            patients and understand the economic burden that this places  
            on their patients especially with the rising costs of drugs.   
            CPhA states that this bill sets fair practices to ensure that  
            Californians are aware of any changes within t4)heir plan  
            network, so that they can take action on getting the right  
            health care coverage that they need.  The California Primary  
            Care Association states that this bill would provide greater  
            consumer protections regarding continuity of care consistent  
            with the intent of the Patient Protection and Affordable Care  
            Act.  The California Hepatitis C Task Force states that  
            changes in coverage and networks during a course of curative  
            treatments to resolve chronic disease in a hepatitis C  
            infected patient population could have devastating  
            consequences with a patient achieving the outcomes intended by  








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            medications now available, if interrupted or delayed, and  
            therefore states that these reforms will help consumers better  
            reach their wellness goals.  


            Additionally, the Neuropathy Action Foundation states that  
            this bill takes the first step to ensure consumers are aware  
            of formulary changes that affect their specific prescription  
            drugs by ensuring that enrollees are notified of a change at  
            least upon renewal and of provider network changes if their  
            provider has moved out-of-network for the new benefit year.   
            Arthritis Foundation notes that without notification of  
            changes, patients assume that their provider and/or necessary  
            prescription drugs will continue to be covered by their health  
            insurer and could lead to patients going without proper care  
            or treatment for extended periods of time by selecting the  
            wrong plan.  


          5)OPPOSITION.  Blue Shield of California (BSC) states that this  
            bill will cause confusion for consumers and add unnecessary  
            administrative burdens that will increase the cost of  
            premiums.  BSC states that current law requires health plans  
            to notify a member when a drug is moved from formulary to  
            non-formulary.  The Association of California Life and Health  
            Companies is opposed to a prior version of this bill and  
            indicates this bill is duplicative of current practice and  
            would weaken existing consumer protections.   


          6)RELATED LEGISLATION.  


             a)   SB 923 (Hernandez) prohibits, for grandfathered plan  
               contracts and policies and nongrandfathered plan contracts  
               and policies in the individual and small group markets, a  
               health care service plan contract or health insurance  
               policy that is issued, amended, or renewed on or after  
               January 1, 2017, from changing any cost sharing  








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               requirements during the plan year or policy year, except  
               when required by a change in state or federal law.  SB 923  
               is currently pending in the Senate Appropriations  
               Committee.  


             b)   SB 1135 (Monning) requires health plans and insurers to  
               provide information to enrollees and insureds regarding the  
               standards for timely access to health care services and  
               other specified health care access information, including  
               information related to receipt of interpreter services in a  
               timely manner, no less than annually, and would make these  
               provisions applicable to Medi-Cal managed care plans.   
               Requires a health care service plan, including a Medi-Cal  
               managed care plan, or health insurer to provide an enrollee  
               or an insured with information regarding consumer  
               assistance provided by the licensing agency, as specified.   
               Requires a health care service plan or a health insurer to  
               provide a contracting health care provider with specified  
               information relating to the provision of referrals or  
               health care services in a timely manner.  SB 1135 is  
               pending in the Senate Appropriations Committee.  


          7)PREVIOUS LEGISLATION.  

             a)   AB 339 (Gordon), Chapter 619, Statutes of 2015, requires  
               health plans and health insurers that provide coverage for  
               outpatient prescription drugs to have formularies that do  
               not discourage the enrollment of individuals with health  
               conditions, and requires combination antiretrovirals drug  
               treatment coverage of a single-tablet that is as effective  
               as a multitablet regimen for treatment of Human  
               immunodeficiency virus infection and acquired immune  
               deficiency syndrome, as specified.  AB 339 places in state  
               law, federal requirements related to pharmacy and  
               therapeutics committees, access to in-network retail  
               pharmacies, standardized formulary requirements, formulary  
               tier requirements similar to those required of health plans  








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               and insurers participating in Covered California and  
               copayment caps of $250 and $500 for a supply of up to 30  
               days for an individual prescription, as specified. 

             b)   SB 137 (Hernandez), Chapter 649, Statutes of 2015,  
               requires a health plan or insurer to make available a  
               provider directory or directories that provide information  
               on contracting providers, including those that accept new  
               patients and prohibits a provider directory from including  
               information on a provider that does not have a current  
               contract with the plan or insurer.  

             c)   SB 1052 (Torres), Chapter 575, Statutes of 2014,  
               requires health plans and insurers to use a standard drug  
               formulary template to display their drug formularies and to  
               post their formularies on their Web sites and requires  
               Covered California to provide links to the formularies.

          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Chronic Care Coalition (sponsor)


          Arthritis Foundation  


          California Hepatitis C Task Force


          California Pharmacists Association


          California Primary Care Association








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          Neuropathy Action Foundation




          Opposition


          Association of California Life and Health Insurance Companies  
          (prior version)


          Blue Shield of California 




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