BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 125| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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. SB 125 Page 2 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 SB 125 Page 3 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 SB 125 Page 4 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. SB 125 Page 5 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. SB 125 Page 6 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 SB 125 Page 7 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 SB 125 Page 8 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. SB 125 Page 9 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) SB 125 Page 10 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. SB 125 Page 11 Prepared by:Melanie Moreno / HEALTH / (916) 651-4111 4/15/15 16:28:55 **** END ****