BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 125|
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                                    THIRD READING


          Bill No:  SB 125
          Author:   Hernandez (D)
          Amended:  4/6/15  
          Vote:     27 - Urgency

           SENATE HEALTH COMMITTEE:  8-0, 3/25/15
           AYES:  Hernandez, Nguyen, Hall, Mitchell, Monning, Nielsen,  
            Pan, Wolk
           NO VOTE RECORDED:  Roth

           SENATE APPROPRIATIONS COMMITTEE:  6-0, 4/13/15
           AYES:  Lara, Bates, Beall, Leyva, Mendoza, Nielsen
           NO VOTE RECORDED:  Hill

           SUBJECT:   Health care coverage


          SOURCE:    Author


          DIGEST:  This bill requests the California Health Benefit Review  
          Program (CHBRP) to analyze the impact of specified legislation  
          on essential health benefits and Covered California, as well as  
          legislation that impacts health insurance benefit design, cost  
          sharing, premiums, and other health insurance topics.  Requests  
          the analyses to be provided to the Legislature in a manner  
          pursuant to a timeline agreed upon by CHBRP and the Legislature.  
           Extends the fee assessed on health plans and insurers for this  
          purpose until fiscal year 2016-17.  Extends the sunset date of  
          CHBRP to June 30, 2017.  Establishes an annual open enrollment  
          period for purchasers in the individual health insurance market  
          for the policy year beginning on January 1, 2016, from November  
          1, of the preceding calendar year, to January 31, of the benefit  
          year, inclusive.









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          ANALYSIS:   


          Existing law:


          1)Requests the University of California (UC) to establish the  
            CHBRP to assess, as specified and not later than 60 days from  
            receiving a request by the Legislature, legislation proposing  
            to mandate or repeal a health plan or health insurance benefit  
            or service for public health, medical, and financial impacts.


          2)Requires health plans, except specialized health plans, and  
            health insurers, for fiscal years 2010-11 to 2014-15, to be  
            assessed an annual fee to fund CHBRP, as specified, not to  
            exceed $2 million.


          3)Sunsets CHBRP on June 30, 2015.


          4)Requires health plans and insurers to limit enrollment in  
            individual health benefit plans to open enrollment periods,  
            annual enrollment periods, and special enrollment periods.


          5)Requires plans and insurers to provide an initial open  
            enrollment period from October 1, 2013, to March 31, 2014,  
            inclusive, an annual enrollment period for the policy year  
            beginning on January 1, 2015, from November 15, 2014, to  
            February 15, 2015, inclusive, and annual enrollment periods  
            for policy years beginning on or after January 1, 2016, from  
            October 15 to December 7, inclusive, of the preceding calendar  
            year.


          This bill:


          1)Requests CHBRP, in addition to analyzing the public health  








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            impacts, medical effectiveness, and financial impacts of  
            legislation proposing to mandate or repeal a benefit or  
            service, to also analyze the impact on essential health  
            benefits (EHBs) and Covered California.


          2)Requests CHBRP to assess legislation that impacts health  
            insurance benefit design, cost sharing, premiums, and other  
            health insurance topics.


          3)Requests analyses to be provided to the appropriate committees  
            of the Legislature in a manner pursuant to a timeline agreed  
            upon by the Legislature and CHBRP.


          4)Extends the fee assessed on health plans and insurers to  
            fiscal year 2016-17.


          5)Requests CHBRP to submit a report to the Governor and  
            Legislature by 


          January 1, 2017, regarding the implementation of the program.
          6)Extends the sunset date of CHBRP to June 30, 2017.


          7)Establishes an annual open enrollment period for the policy  
            year beginning on or after January 1, 2016, from November 1,  
            of the preceding calendar year, to January 31, of the benefit  
            year, inclusive.


          8)Contains an urgency clause that will make this bill effective  
            upon enactment.


          Background


          Affordable Care Act (ACA).  The ACA represents a major expansion  








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          of U.S. health care coverage through an expansion and  
          simplification of the Medicaid program and the adoption of major  
          reforms of the health insurance market.  Most transformational  
          are changes to the small group and individual insurance markets,  
          such as mandating guaranteed issuance of coverage, eliminating  
          pre-existing condition exclusions, limiting factors upon which  
          premium rates can be developed, and authorizing the creation of  
          health benefit exchanges either at the state or federal level.


          California took early steps to establish Covered California,  
          pass rate review requirements, establish EHBs, and adopt  
          insurance market reforms to implement aspects of the ACA, in  
          some cases before federal regulatory guidance was issued or  
          finalized.  An overarching objective in the development of  
          California implementing legislation was to ensure, to the extent  
          possible, that laws applicable to plans and insurers  
          participating in Covered California were also applied to plans  
          and insurers not participating in Covered California in order to  
          keep a level, regulatory playing field.  For example, open and  
          special enrollment periods not only apply to qualified health  
          plans (QHPs) but also to health plans and insurers not  
          participating in Covered California.  As such, for the  
          individual market, an initial open enrollment period of October  
          1, 2013, to March 31, 2014, and annual open enrollment period of  
          November 15, 2014, to February 15, 2015, for the 2015 benefit  
          year apply to QHPs and health plans and insurers not  
          participating in Covered California.  The federal Department of  
          Health and Human Services (HHS) initially issued a regulation to  
          maintain an annual open enrollment period, for policy years  
          beginning on or after January 1, 2016, from November 1 to  
          December 15, inclusive, of the preceding calendar year.  On  
          February 20, 2015, HHS issued the "Final HHS Notice of Benefit  
          and Payment Parameters for 2016," which requires the annual open  
          enrollment period for the 2016 policy year to be November 1, of  
          the preceding calendar year, to January 31, of the benefit year.  
          HHS made these changes to give health insurance carriers  
          additional time before they would need to set their 2016 rates  
          and submit their QHPs applications, give states and HHS more  
          time to prepare for open enrollment, and give consumers more  
          time to shop for coverage.









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          EHBs.  Among many other provisions, the ACA requires Medicaid  
          benchmark and benchmark-equivalent plans, plans sold through the  
          Exchange, and health plans and health insurers providing  
          coverage to individuals and small employers to ensure coverage  
          of EHBs, as defined by 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.  Under  
          federal law, EHBs must include 10 general categories and the  
          items and services covered within specified categories.


          On December 16, 2011, the HHS Center for Consumer Information  
          and Insurance Oversight released a bulletin proposing that EHBs  
          be defined using a benchmark approach.  SB 951 (Hernandez,  
          Chapter 866, Statutes of 2012) and AB 1453 (Monning, Chapter  
          854, Statutes of 2012) designated the Kaiser Small Group HMO as  
          California's benchmark plan to serve as the EHB standard.   The  
          state has to defray the costs of federal subsidies to cover any  
          mandate enacted that is beyond what is contained in EHBs  
          pursuant to SB 951 and AB 1453.  The 2016 Notice of Benefit and  
          Payment Parameters final rule includes a definition of  
          habilitative, which differs from California's definition, and  
          proposes that states select new benchmark plans for 2017 based  
          on plans available in 2014.  SB 43 (Hernandez) has been  
          introduced to update California's EHB benchmark selection.


          Covered California.  Through SB 900 (Alquist, Chapter 659,  
          Statutes of 2010) and AB 1602 (Perez, Chapter 655, Statutes of  
          2010), California was the first state in the nation to establish  
          a Health Benefit Exchange (known as Covered California).   
          Adopting its Board of Directors in October 2011, Covered  
          California's vision is to improve the health of all Californians  
          by assuring their access to affordable, high quality care.   
          According to Covered California, it is an easy-to-use  
          marketplace where individuals can get financial assistance to  
          make coverage more affordable and where people can compare and  
          choose health coverage.  As of March 31, 2014, approximately 3.2  
          million Californians have enrolled in coverage since October 1,  
          2013, including 1.9 million in Medi-Cal.









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          California Health Benefits Review Program.  CHBRP was  
          established under AB 1996 (Thomson), Chapter 795, Statutes of  
          2002, which requested the University of California (UC) to  
          assess legislation that proposes a mandated benefit or service  
          (referred to as "mandate bills") and prepare a timely written  
          analysis within 60 days with relevant data on the medical,  
          economic, and public health impacts of proposed health plan and  
          health insurance benefit mandate legislation.  Current law  
          requires health plans, except specialized health plans, and  
          health insurers, for fiscal years 2010-11 to 2014-15, to be  
          assessed an annual fee to fund CHBRP; this amount is to not to  
          exceed $2 million.  CHBRP is administered in the UC Office of  
          the President and has staff that supports a task force of  
          faculty from six UC campuses (Berkeley, Davis, Irvine, Los  
          Angeles, San Diego, and San Francisco) and three private  
          universities (Loma Linda University, the University of Southern  
          California, and Stanford University).  CHBRP is set to sunset on  
          December 31, 2015.  The Governor's proposed budget provides $2  
          million for CHBRP.


          Number of mandate bills. Since CHBRP's inception, the number of  
          bills mandating benefits and services has fluctuated, and in the  
          last year has decreased significantly.  When AB 1996 was being  
          considered by the Legislature, the author stated that during the  
          2001-2002 legislative session, more than 14 mandate bills were  
          introduced.  The author believed that UC would facilitate the  
          provision of quality, cost-effective health services by  
          providing current, accurate data and information to the Governor  
          and the Legislature for the purpose of determining  
          health-related programs and policies in connection with proposed  
          legislation.  In 2003, the first year that the UC received  
          requests for analysis of mandate bills, only four were  
          introduced and analyzed.  The following year, there were 13  
          mandate bills analyzed.  Between 2005 and 2014, the number of  
          mandate bills introduced has varied, with the largest number (15  
          mandate bills) in 2011.  With the passage of the ACA, and the  
          establishment of EHBs, policymakers have worked to ensure the  
          successful implementation of the ACA and Covered California, and  
          have endeavored to discourage any additional legislation to  
          alter state mandated benefits until the implications on EHBs  








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          were known.


          New ways to tweak coverage requirements. In the 11 years since  
          CHBRP has been analyzing mandate bills, various stakeholders and  
          interest groups have developed legislative proposals other than  
          mandates to have a similar effect on coverage requirements.   
          These have included:


           SB 639 (Hernandez, Chapter 316, Statutes of 2013) places in  
            California law provisions of the ACA relating to out-of-pocket  
            limits on health plan enrollee and insured cost-sharing,  
            health plan and insurer actuarial value coverage levels and  
            catastrophic coverage requirements, and requirements on health  
            insurers with regard to coverage for out-of-network emergency  
            services.  Applies health plan enrollee and insured  
            out-of-pocket limits to specialized products that offer EHBs.


           AB 1800 (Ma, 2012) would have implemented provisions of the  
            ACA related to prohibitions on health plans and health  
            insurers from imposing out-of-pocket maximum caps which exceed  
            specified levels.  The bill was held in the Senate  
            Appropriations Committee.


           AB 310 (Ma, 2011) would have prohibited health plan contracts  
            and health insurance policies that cover outpatient  
            prescription drugs from requiring coinsurance, as defined, as  
            a basis for cost sharing for outpatient prescription drug  
            benefits and imposes specified limitations on copayments, as  
            defined, and out-of-pocket expenses for outpatient  
            prescription drugs.  The bill was held in the Assembly  
            Appropriations Committee.


          60-day timeline.  AB 1996 and subsequent legislation that  
          extended CHBRP included a request that analyses be provided to  
          the Legislature within 60 days.  CHBRP developed a model that  
          has resulted in analyses not being completed prior to that  
          60-day deadline.  According to CHBRP's 2013 report to the  








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          Legislature, it uses a 60-day timeline that details which  
          activities occur on what day.  The 60-day clock is initiated by  
          CHBRP upon receipt of a request from the Senate or Assembly  
          Health Committee. According to CHBRP, it must have sufficient  
          capacity to do multiple (e.g., eight or more) analyses on  
          simultaneous 60-day timelines. CHBRP faculty, actuaries,  
          librarians, reviewers, and staff must produce and review  
          multiple drafts on multiple bills in what they consider a very  
          compressed timeframe, given their model.  This timeline has led  
          to challenges for incorporating CHBRP's assessment into the  
          policy committee analysis used by legislators and the public at  
          the time of the bill hearing.  Oftentimes mandate bills are  
          introduced close to the bill introduction deadline, which is  
          also about 60 days before deadline for policy committees to hear  
          bills, meaning mandate bills are almost always scheduled for the  
          final hearing prior to the policy committee deadline for fiscal  
          bills.  Therefore, there is a tight window between the time the  
          CHBRP analysis is received and the Committee analysis must be  
          completed.


          Prior Legislation


          AB 1996 (Thomson, Chapter 795, Statutes of 2002) requests UC  
          (which created CHBRP in response), until January 1, 2007, to,  
          within 60 days of receiving a request by the Legislature, review  
          legislation proposing to mandate or repeal a health plan or  
          health insurance benefit or service for public health, medical,  
          and financial impacts.


          SB 1704 (Kuehl, Chapter 684, Statutes of 2006) extended CHBRP's  
          sunset date to January 1, 2011, and added legislation proposing  
          to repeal a mandated benefit or service to the types of  
          legislation that the Legislature requests CHBRP assess.   
          Extended the sunset date of the program to January 1, 2011.


          AB 1540 (Committee on Health, Chapter 298, Statutes of 2009)  
          extends CHBRP's sunset date to June 30, 2015.









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          SB 1465 (Committee on Health, Chapter 442, Statutes of 2014)  
          extends the CHBRP's sunset date to December 31, 2015.


          SB 20 (Hernandez, Chapter 24, Statutes of 2014) requires a plan  
          or insurer to provide annual enrollment periods for policy years  
          beginning on or after January 1, 2016, from October 15 to  
          December 7, inclusive, of the preceding calendar year.


          AB 1578 (Pan, 2014) would have extended CHBRP's sunset date to  
          June 30, 2016.  AB 1578 died in the Assembly.


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

          According to the Senate Appropriations Committee analysis,  
          annual costs of $2 million to support the CHBRP (within the UC),  
          supported by an assessment on health plans and health insurers  
          (Health Care Benefits Fund).

          Minor administrative costs for the California Health Benefits  
          Exchange to revise existing regulations to conform to the  
          updated open enrollment period.  According to the Exchange, the  
          required changes to existing regulations can be included within  
          an existing package of regulations and therefore there is no  
          additional cost anticipated. Similarly, the Exchange has already  
          planned to update information technology systems to accommodate  
          this change, so no new costs are anticipated.


          No significant costs are anticipated for the Department of  
          Insurance or the Department of Managed Health Care.




          SUPPORT:   (Verified4/13/15)










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          Anthem Blue Cross
          California Association of Health Plans
          California Chamber of Commerce
          California Immigrant Policy Center
          Kaiser Permanente
          L.A. Care Health Plan
          Western Center on Law and Poverty


          OPPOSITION:   (Verified4/13/15)




          California Right to Life Committee, Inc.




          ARGUMENTS IN SUPPORT:     Proponents of this bill note the  
          significance of the analyses produced by CHBRP as well as the  
          necessity to maintain consistency between open enrollment  
          periods for health benefit plans in California and federal  
          regulations.  The California Association of Health Plans  
          believes the changes to the individual annual open enrollment  
          periods should be made to conform to federal law and guidance as  
          soon as possible to allow for greater clarity on the matter for  
          health plans, consumers, and regulators.  The California Chamber  
          of Commerce also acknowledges the need to extend the operative  
          date for CHBRP in order to make it possible for the Legislature  
          to fully weigh the potential health benefits and costs to the  
          system related to a particular proposal.


          ARGUMENTS IN OPPOSITION:     The California Right to Life  
          Committee, Inc. opposes the bill because of the request to  
          include EHBs into the CHBRP analyses.  The opponents note that  
          EHBs can include preventative services which encompasses  
          reproductive health and abortion services. The California Right  
          to Life Committee, Inc. continues to oppose any effort to  
          include or require that abortion is an essential service or one  
          called preventative.








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          Prepared by:Melanie Moreno / HEALTH / (916) 651-4111
          4/15/15 16:28:55


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