BILL ANALYSIS Ó ENATE COMMITTEE ON HEALTH Senator Ed Hernandez, O.D., Chair BILL NO: SB 43 --------------------------------------------------------------- |AUTHOR: |Hernandez | |---------------+-----------------------------------------------| |VERSION: |April 20, 2015 | --------------------------------------------------------------- --------------------------------------------------------------- |HEARING DATE: |April 29, 2015 | | | --------------------------------------------------------------- --------------------------------------------------------------- |CONSULTANT: |Teri Boughton | --------------------------------------------------------------- SUBJECT : Health care coverage: essential health benefits SUMMARY :1) Updates California law related to the definition of essential health benefits to make it consistent with recent federal regulations under the Patient Protection and Affordable Care Act. Health plans and health insurers are required to cover essential health benefits for products sold in the individual and small group health insurance market, which includes plans offered through Covered California. Existing law: 1)Provides for the regulation of health plans by the Department of Managed Health Care (DMHC) and regulation of health insurers by the California Department of Insurance (CDI). 2)Establishes as California's essential health benefits (EHBs) the Kaiser Small Group HMO plan along with the following 10 federally mandated benefits under the Patient Protection and Affordable Care Act (ACA) as well as other state mandated benefits: a. Ambulatory patient services; b. Emergency services; c. Hospitalization; d. Maternity and newborn care; e. Mental health and substance use disorder services, including behavioral health treatment; f. Prescription drugs; g. Rehabilitative and habilitative services and devices; h. Laboratory services; i. Preventive and wellness services and chronic disease management; and, SB 43 (Hernandez) Page 2 of ? j. Pediatric services, including oral and vision care. 3)Defines "habilitative services" as medically necessary health care services and health care devices that assist an individual in partially or fully acquiring or improving skills and functioning and that are necessary to address a health condition, to the maximum extent practical. These services address the skills and abilities needed for functioning in interaction with an individual's environment. Examples of health care services that are not habilitative services include, but are not limited to, respite care, day care, recreational care, residential treatment, social services, custodial care, or education services of any kind, including, but not limited to, vocational training. 4)Requires habilitative services to be covered under the same terms and conditions applied to rehabilitative services under the plan contract. 5)Requires, with respect to habilitative services, coverage to also be provided as required by federal rules, regulations, and guidance issued pursuant to ACA. 6)Requires, with respect to pediatric vision care, the same health benefits for pediatric vision care covered under the Federal Employees Dental and Vision Insurance Program (FEDVIP) vision plan with the largest national enrollment as of the first quarter of 2012. 7)Requires, with respect to pediatric oral care, the same health benefits for pediatric oral care covered under the dental plan available to subscribers of the Healthy Families Program in 2011-2012, including the provision of medically necessary orthodontic care provided pursuant to the federal Children's Health Insurance Program (CHIP) Reauthorization Act of 2009. This bill: 1)Updates existing law to reflect that the Kaiser Foundation Health Plan Small Group HMO 30 plan as offered during the first quarter of 2014 (rather than 2012) is California's EHB benchmark and makes a similar update with respect to the pediatric vision care benchmark plan offered during the first quarter of 2014. SB 43 (Hernandez) Page 3 of ? 2)Prohibits, for plan years commencing on or after January 1, 2017, limits on habilitative and rehabilitative services from being combined. 3)Replaces the existing definition of habilitative services with the following: "Habilitiative Services" means health care services and devices that help a person keep, learn, or improve skills and functioning for daily living. Examples include therapy for a child who is not walking or talking at the expected age. These services may include physical and occupational therapy, speech-language pathology, and other services for people with disabilities in a variety of inpatient or outpatient settings, or both. 4)Extends emergency regulation authority for DMHC and CDI and makes this authority inoperative on July 1, 2018. FISCAL EFFECT : This bill has not been analyzed by a fiscal committee. COMMENTS : 1.Author's statement. According to the author, in 2012 the California Legislature established California's benchmark EHB plan through a process that recognized the importance of existing state-mandated benefits and incorporated as many state mandates as possible; protected California's commitment to reproductive services; embraced the consumer-oriented regulatory framework in place at DMHC; and maintained affordability for consumers. Using these principles and through a process of comparison, SB 951 (Hernandez), Chapter 866, Statutes of 2012, paired with AB 1453 (Monning), Chapter 854, Statutes of 2012, designated the Kaiser Small Group HMO to serve as the state's benchmark plan. Additionally, the legislation established a definition for habilitative services. Habilitative services are federally mandated EHBs but, at the time, were not federally defined. The federal government has since established a definition of habilitative services, which is contained in this bill. California's Secretary of Health and Human Services sent a letter recently notifying the federal government of California's proposed 2017 EHB benchmark which remains the Kaiser Small Group HMO plan. California must update our law to keep California EHBs in SB 43 (Hernandez) Page 4 of ? compliance with federal requirements. 2.2012 EHB Selection. Under the ACA, plans sold through Covered California and those providing coverage to individuals and small employers not through Covered California are required to ensure coverage of EHBs, as defined by the federal Secretary of the Department of Health and Human Services (HHS). HHS is required to ensure that the scope of EHBs is equal to the scope of benefits provided under a typical employer plan, as determined by the Secretary. In 2011, the federal Center for Consumer Information and Insurance Oversight (CCIIO) released an EHB Bulletin proposing that EHBs be defined using a benchmark approach, which gave states the flexibility to select a benchmark plan that reflected the scope of services offered by a "typical employer plan." If a state did not choose a benchmark health plan, the default benchmark plan for the state would be the largest plan by enrollment in the largest product in the small group market as of the first quarter of 2012. EHBs must include coverage of services and items in all 10 statutory categories required in the ACA. States were permitted to choose among the following benchmark health insurance plan options: a. One of the three largest small group plans in the state by enrollment; b. One of the three largest state employee health plans by enrollment; c. One of the three largest federal employee health plan options by enrollment; or d. The largest HMO plan offered in the state's commercial market by enrollment. In January 2012, Covered California retained a consulting firm, Milliman, to analyze and compare the health services covered by the 10 EHB California benchmark plan options. Milliman found all the plans to be comprehensive and found there to be only a very small cost difference between the optional plans. The Legislature, with stakeholder input, chose the Kaiser Small Group HMO, which was also the default plan had California not made an affirmative choice. 1.2014 EHB Selection. A recent federal regulation issued by CCIIO, requires states to use 2014 plans to define EHB, SB 43 (Hernandez) Page 5 of ? starting with the 2017 plan year. The process will largely mirror the prior benchmark selection process conducted in 2012. The benchmark options and default plan are the same 10 types as in 2012. If a benchmark plan does not include items or services within one or more of the 10 federally required EHB categories, the EHB must be supplemented by the addition of the entire category of such benefits offered under any other benchmark plan option. If the benchmark does not include coverage of habilitative services, the state may determine which services are included in that category. The federal guidance indicates states should consider the new definition of habilitative services and devices to determine if coverage exists, and indicates there is no need to defray qualified health plan (QHP) subsidy costs if a mandate is passed to supplement the habilitative coverage category. States that plan to select an EHB benchmark must identify their proposed benchmark plan (including supplementation if necessary) and send supporting documents by June 1, 2015. As was the case in 2012, states that do not make a plan selection will default to the largest product by enrollment in the state's small group market. Final benchmark plans will be published in the Federal Register in fall of 2015. On April 17, 2015, the Secretary of California's Health and Human Services Agency sent a letter to CCIIO selecting the Kaiser Small Group HMO as the state's proposed benchmark plan. Additionally, the state has selected the state's CHIP program for pediatric oral services and the FEDVIP with the largest national enrollment as of the first quarter of 2014 as the pediatric vision services benchmark. 2.Milliman, 2015. The California Health Benefits Review Program asked Milliman to analyze and compare the health services covered by the ten plans available to California as options for California's EHB benchmark effective January 1, 2017, similar to the analysis completed for Covered California in 2012. Milliman found relatively small differences in average healthcare costs among the ten benchmark options. Milliman did find differing coverage of acupuncture, infertility treatment, chiropractic care, and hearing aids. The three California small group plans are essentially the same average cost as the current California EHB plan and the California large group and CalPERS plans are approximately 0.2-1.0 percent higher. The estimated SB 43 (Hernandez) Page 6 of ? average costs for the three FEHBP options are approximately 0.8-1.2 percent higher than the current California EHB plan. 3.Prior legislation. SB 951 (Hernandez), Chapter 866, Statutes of 2012 and AB 1453 (Monning), Chapter 854, Statutes of 2012 select the Kaiser Small Group HMO as California's benchmark plan to serve as the EHB standard, as required by federal law. SB 1321 (Harman), of 2012, would have required Covered California to select the plan with the lowest EHB cost to be the set benchmark for the definition of EHBs. SB 1321 failed passage in the Senate Health Committee. SB 51 (Alquist), Chapter 644, Statutes of 2011, established enforcement authority in California law to implement provisions of the ACA related to medical loss ratio requirements on health plans and health insurers and enacts prohibitions on annual and lifetime benefits. SB 900 (Alquist), Chapter 659, Statutes of 2010, and AB 1602 (Perez), Chapter 655, Statutes of 2010, established the California Health Benefit Exchange. 4.Support. Health Access California supports this bill because it has a more comprehensive definition of habilitative consistent with federal guidance adopted in February 2015. The Western Center on Law and Poverty writes that they support the provisions in SB 43 to conform the definition of habilitative services to the federal definition and keeping the parity language with rehabilitative services and adding language indicating that for plan years on or after 2017, limits on habilitative and rehabilitative services shall not be combined. Additionally, while the bill selects the 2014 Kaiser Small Group HMO plan as the benchmark plan Western Center understands that an analysis of the ten California benchmark plans is being conducted and looks forward to reviewing that analysis and having stakeholders assess at that point if a different plan should be chosen as the benchmark. There may be other needed changes to the bill including regarding prescription drug coverage based on federal regulatory requirements in that arena as well. SB 43 (Hernandez) Page 7 of ? 5.Support if amended. California Chiropractic Association requests this bill be amended to include language specific to EHB plan that would require the Covered California governing board to offer additional benefits. The California Chiropractic Association believes amending this bill as such would make the EHB the minimum of covered services and allow plans to offer any other services or benefits they would like provide their insured patient. SUPPORT AND OPPOSITION : Support: Health Access California California Primary Care Association Western Center on Law and Poverty Oppose: None received -- END --