BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                UNFINISHED BUSINESS 


          Bill No:  SB 43
          Author:   Hernandez (D), et al.
          Amended:  8/17/15  
          Vote:     21  

           SENATE HEALTH COMMITTEE:  9-0, 4/29/15
           AYES:  Hernandez, Nguyen, Hall, Mitchell, Monning, Nielsen,  
            Pan, Roth, Wolk

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 5/28/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           SENATE FLOOR:  37-0, 6/1/15
           AYES:  Allen, Anderson, Bates, Beall, Berryhill, Block,  
            Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall,  
            Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno,  
            Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach,  
            Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Stone, Vidak,  
            Wieckowski
           NO VOTE RECORDED:  Hancock, Runner, Wolk

           ASSEMBLY FLOOR:  79-0, 9/1/15 - See last page for vote

           SUBJECT:   Health care coverage: essential health benefits


          SOURCE:    Author

          DIGEST:   This bill updates Californias essential health  
          benefits (EHB) law to make it consistent with new federal  
          requirements promulgated under the Affordable Care Act (ACA),  
          which includes adoption of the federally required definition of  
          habilitative services and devices.  

          Assembly Amendments clarify that the federally required  








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          definition of habilitative services takes effect for plan years  
          commencing on or after January 1, 2016, that the dental benefit  
          received by children under Medi-Cal as of 2014 is the benchmark  
          benefit for pediatric oral services, and that the 2014 benchmark  
          plans are in effect on or after January 1, 2017.

          ANALYSIS: 
          
          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 EHBs the Kaiser Small Group HMO  
            plan, other state mandated benefits, and the following 10  
            federally mandated benefits required under ACA:

             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
             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,  








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            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 for plan contracts and policies issued, amended, or  
            renewed on or after January 1, 2017 and makes a similar update  
            with respect to the pediatric vision care benchmark plan  
            offered during the first quarter of 2014. 

          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 for  
            plan years commencing on or after January 1, 2016 with the  
            following:

          "Habilitative Services" means health care services and devices  








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          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.  

          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  
            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  








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            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.

          3)2014 EHB selection.  A recent federal regulation issued by  
            CCIIO, requires states to use 2014 plans to define EHB,  
            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  








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            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 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.

          4)Milliman, 2015.  The California Health Benefits Review Program  
            asked Milliman to analyze and compare the health services  
            covered by the 10 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.  The  
            analysis was presented to stakeholders on May 15, 2015.   
            Milliman found relatively small differences in average  
            healthcare costs among the 10 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% higher.  The  
            estimated average costs for the three federal Employees Health  
            Benefits Program options are approximately 0.8-1.2% higher  
            than the current California EHB plan.









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          5)Several organizations, such as the California Orthotic and  
            Prosthetic Association and the California Children's Health  
            Coalition have submitted letters of support if amended, to  
            request California choose the CalPERS large group plan as the  
            EHB benchmark as it offers coverage for additional benefits  
            such as hearing aids (with coverage limits), infertility  
            treatment, prosthetic and orthotic devices, and eye glasses or  
            contact lenses following cataract surgery.  Not all of these  
            coverage differences were factored into the Milliman cost  
            estimate.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes

          According to the Assembly Appropriations Committee:

          1)One-time costs over $150,000 to revise regulations by CDI  
            (Insurance Fund).

          2)One-time costs over $150,000 to revise regulations by DMHC  
            (Managed Care Fund).

          3)No anticipated impact to state health care program such as  
            Medi-Cal or CalPERS.  This bill's provisions make minor  
            changes to statute governing the individual and small group  
            health care markets, which do not include those programs.

          4)No cost to the state to provide subsidies for additional costs  
            to Covered California plans, due to the change to the  
            definition of habilitative services. Recent federal guidance  
            indicates that states are not obligated to defray any  
            additional subsidy costs in health benefit exchanges due to a  
            change to the definition of habilitative services.


          SUPPORT:   (Verified9/1/15)


          American Federation of State, County and Municipal Employees
          California Teachers Association
          Health Access California
          Mental Health America of California








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          Planned Parenthood Affiliates of California
          Western Center on Law and Poverty


          OPPOSITION:   (Verified9/1/15)


          None received


          ARGUMENTS IN 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. 
           
           ASSEMBLY FLOOR:  79-0, 9/01/15
           AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Harper, Roger Hernández, Holden, Irwin,  
            Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Atkins
           NO VOTE RECORDED: Hadley

          Prepared by: Teri Boughton / HEALTH / 
          9/1/15 21:35:18


                                   ****  END  ****









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