BILL ANALYSIS Ó SENATE COMMITTEE ON HEALTH Senator Ed Hernandez, O.D., Chair BILL NO: SB 137 --------------------------------------------------------------- |AUTHOR: |Hernandez | |---------------+-----------------------------------------------| |VERSION: |March 26, 2015 | --------------------------------------------------------------- --------------------------------------------------------------- |HEARING DATE: |April 15, 2015 | | | --------------------------------------------------------------- --------------------------------------------------------------- |CONSULTANT: |Teri Boughton | --------------------------------------------------------------- SUBJECT : Health care coverage: provider directories SUMMARY : 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. Prohibits a provider directory from including information on a provider that does not have a current contract with the plan or insurer. Requires the plan or insurer to update the provider directory or directories at least weekly, with any change to contracting providers and ensure that the provider directory meets or exceeds a 97 percent accuracy rate. Existing law: 1.Requires a health plan to provide, upon request, a list of the following contracting providers, within the enrollee's or prospective enrollee's general geographic area: a. Primary care providers; b. Medical groups; c. Independent practice associations; d. Hospitals; and, e. All other available contracting physicians and surgeons, psychologists, acupuncturists, optometrists, podiatrists, chiropractors, licensed clinical social workers, marriage and family therapists, professional clinical counselors, and nurse midwives to the extent their services may be accessed and are covered through the contract with the plan. SB 137 (Hernandez) Page 2 of ? 2.Requires this list to indicate which providers have notified the plan that they have closed practices or are otherwise not accepting new patients at that time, and that the list is subject to change without notice. 3.Requires the list to include a telephone number that enrollees can contact to obtain information regarding a particular provider and information on whether or not that provider has indicated that he or she is accepting new patients. 4.Requires the plan to provide this information in written form to its enrollees or prospective enrollees upon request. Permits a plan, with the permission of the enrollee, to direct the enrollee or prospective enrollee to the plan's provider listings on its Internet Web site. 5.Requires plans to ensure that the information provided is updated at least quarterly. Permits a plan to satisfy this update requirement by providing an insert or addendum to any existing provider listing. 6.Requires insurers to provide group policyholders with a current roster of institutional and professional providers under contract to provide services at alternative rates under their group policy and make such lists available for public inspection during regular business hours at the insurer's or plan's principal office within the state. This bill: 1.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, as specified. Prohibits a provider directory from including information on a provider that does not have a current contract with the plan or insurer. 2.Requires a plan or insurer to provide the directory or directories for the specific network offered for each product using a consistent method of network and product naming, numbering, or other classification method that ensures the public, enrollees, potential enrollees, the regulators, and other state or federal agencies can easily identify which providers participate in which networks for which products. SB 137 (Hernandez) Page 3 of ? 3.Requires a health plan or insurer to use the same consistent classification method in provider contracts and communications to ensure that providers can identify the products and networks that they are legally contracted to provide services in. Requires the classification to be consistent across plans in order to permit the regulators and other state or federal agencies to construct multi-plan directories. 4.Requires the provider directory or directories to be available on the plan's or insurer's Internet Web site and available without any requirement that a member of the public or potential enrollee indicate intent to obtain coverage from the plan or insurer, without demonstrating coverage with the plan or insurer, providing a policy number, providing any other identifying information, or creating or accessing an account, and accessible through a clearly identifiable link or tab. 5.Requires searches by name, practice address, National Provider Identification number, California license, facility or identification number, product, tier, provider language, medical group or independent practice association, hospital or clinic, as appropriate. 6.Requires the Department of Managed Health Care (DMHC) to direct the plan and the California Department of Insurance (CDI) to direct the insurer to make the information available on another technology if one emerges that takes the place of the Internet in a timeframe that allows for implementation not to exceed six months. 7.Requires the plan or insurer to make a paper copy of the directory or directories available upon request. 8.Requires the plan or insurer to update the provider directory or directories, at least weekly, with any change to contracting providers, including all of the following: a. Instances where a contracting provider is no longer accepting new patients, or that the provider moved or relocated from the contracted service area of the plan or insurer or has retired or has otherwise ceased to practice; b. Instances where the contracting provider group, if any, has identified that the provider is no longer associated with the group or is no longer SB 137 (Hernandez) Page 4 of ? accepting new patients; c. Instances where the plan or insurer identified a change based on an enrollee complaint that a provider was not accepting new patients or was otherwise not available; and, d. Any other relevant information that has come to the attention of the plan or insurer affecting the content of the provider directory. 9.Requires the provider directory or directories to include both an email address and a telephone number for members of the public and providers to notify the plan if the provider directory information appears to be inaccurate. 10.Requires a full service health plan and insurer to include all of the following in the directory or directories: a. Provider's name, location(s), and contact information; b. Type of practitioner; c. National Provider Identification number; d. California license number and type of license; e. The area of specialty, including board certification, if any; f. For physicians, the medical group, if any; g. Nurse practitioners, physician assistants, psychologists, acupuncturists, optometrists, podiatrists, chiropractors, licensed clinical social workers, marriage and family therapists, professional clinical counselors, and nurse midwives, to the extent their services may be accessed and are covered through the contract with the plan or insurer; h. For federally qualified health centers (FQHCs) or primary care clinics, the name of the FQHC or clinic; i. The name of the provider and the name of the FQHC or clinic for any provider described in f or g above who is employed by a FQHC or primary care clinic; j. Hospital admitting privileges, if any, for physicians and other health professionals contracted with the plan or insurer whose scope of services for the plan include admitting patients and who have admitting privileges at a hospital; aa. Non-English language, if any, spoken by a health professional as well as non-English language, SB 137 (Hernandez) Page 5 of ? if any, spoken by staff to the provider; bb. Whether a provider is accepting new patients with the product selected by the enrollee or potential enrollee; cc. Network tier to which the provider is assigned, if applicable. Defines "Tiered provider network" as a network of participating providers that has been divided into subgroupings differentiated by the health plan or insurer according to enrollee cost sharing levels or quality scores. dd. A disclosure that enrollees are entitled to full and equal access to covered services, including enrollees with disabilities as required under relevant federal law; and, ee. All other information necessary to conduct a search pursuant to 5 above. 11.Establishes similar requirements as in 10) above for specialized health plans. 12.Requires by March 15, 2016, DMHC and CDI to develop provider directory standards that are sufficient to permit a single uniform electronic directory that would allow a member of the public to determine whether a physician or other provider is available to an enrollee of the California Health Benefit Exchange (Covered California), a beneficiary of the Medi-Cal program enrolled in a Medi-Cal managed care plan, or an enrollee or potential enrollee of group coverage. Requires by September 15, 2016, or no later than six months after the date that provider directory standards are developed by DMHC and CDI, a plan or insurer to use the standards for each product offered by the plan or insurer. 13.Requires a directory or directories to be provided to DMHC or CDI in a format required by DMHC or CDI. 14.Requires the plan or insurer to demonstrate no less than quarterly that the information is consistent with information required under existing law related to timely access to care and for DMHC plans adequate provider networks. 15.Requires the plan or insurer to ensure that the accuracy of the provider directory meets or exceeds 97 percent. SB 137 (Hernandez) Page 6 of ? 16.Requires the plan or insurer to contact any provider listed in the directory which has not submitted a claim or encounter data, if claims are not submitted, in the past three months for primary care providers, or six months for specialty care providers, to determine whether the provider is accepting patients or referrals from the plan or insurer. Requires a provider who does not respond within 30 days to be removed from the provider directory. 17.Requires the plan or insurer to make available an electronic copy of the directory, or upon request, one physical copy, to the Department of Health Care Services (DHCS) for Medi-Cal managed care plans, to Covered California for the networks of the products offered through the exchange, as required by contract, on request to the Public Employees' Retirement System, the regulators, and on request by a group purchaser. 18.Requires a plan or insurer to undertake immediate corrective action to ensure the accuracy of the directory or directories if informed of a possible inaccuracy. 19.Requires plans or insurers to ensure processes are in place to allow providers to promptly verify or submit changes to demographic information and participation status that at a minimum, include an online interface for providers to submit verification or changes electronically and to allow providers to receive an acknowledgement of receipt from the plan or insurer. 20.Requires providers to verify or submit changes to demographic information and participation status using this process according to the terms of their contract with the contracted health plan or insurer. 21.Requires plans or insurers to allow enrollees to request the information required by this bill through their toll-free telephone number, electronically, or in writing. Permits information provided in written form to be limited by the geographic region in which the enrollee or potential enrollee resides or intends to reside. FISCAL EFFECT : This bill has not been analyzed by a fiscal committee. SB 137 (Hernandez) Page 7 of ? COMMENTS : 1.Author's statement. According to the author, Californians shopping for health insurance must have confidence in provider directory information in order to make coverage decisions, especially when health insurance coverage is required by government for most of the population. For too long, Californians have been unable to rely on information provided by health insurance carriers and health care providers about which carriers their existing health care providers are contracted with, and if a provider is taking new patients. California's provider directory law also needs to be updated to reflect technological advancements away from paper-based directories. Federal and state health insurance regulations have established requirements on different segments of health insurance carriers, but uniform standards are necessary to ensure consistency among carriers, markets and programs. This bill would establish uniform provider directory standards and require weekly updates of online directories. 2.Federal Regulations. The following regulations have been issued by the federal government relative to health plans and insurers participating in exchanges under the Patient Protection and Affordable Care Act (ACA). These plans and insurers are referred to as qualified health plans (QHPs). Each QHP that uses a provider network must ensure that the network of contracted providers meets the following standards: a. The QHP provider directory must be available to an exchange for publication online in accordance with guidance from the federal Department of Health and Human Services (HHS) and to potential enrollees in hard copy upon request; b. A QHP must identify providers that are not accepting new patients; and, c. For plan years beginning on or after January 1, 2016, a QHP must publish an up-to-date, accurate, and complete provider directory, including information on which providers are accepting new patients, the provider's location, contact information, specialty, medical group, and any institutional affiliations, in a manner that is easily accessible to plan enrollees, prospective enrollees, the state, the exchange, HHS and United States Office of Personnel Management. A provider directory is easily accessible when: SB 137 (Hernandez) Page 8 of ? i. The general public is able to view all of the current providers for a plan in the provider directory on the QHP's public Web site through a clearly identifiable link or tab and without creating or accessing an account or entering a policy number; and ii. If a carrier maintains multiple provider networks, the general public is able to easily discern which providers participate in which plans and which provider networks. 3.CDI Regulations. Recently approved emergency regulations issued by CDI require network provider directories to be offered to accommodate individuals with limited English proficiency or disabilities, and require an insurer to post its current network provider directory on its internet web site, updated weekly, and available online to both covered persons and consumers shopping for coverage without requirements to log on or enter a password or a policy number. The CDI regulations require an insurer to maintain accurate provider directories for its networks and demonstrate the accuracy of its directories to CDI. Insurers must inform its covered persons of the availability of a paper copy of the network provider directory at no cost in its coverage material and on its internet web site, and requires the paper copy of the network provider directory to be printed annually and updated quarterly during the calendar year. The regulations require, if an insurer has more than one provider network, that it be reasonably clear to a covered person which network applies to each insurance product. Covered persons must be informed of the availability of translations and interpreter services in languages other than English. The regulations require the following listing for each provider: the name of the provider, the specialty area or areas of the provider, whether the provider is currently accepting new patients, whether the provider may be accessed without referral, the location(s), including address, and contact information for the provider, the gender of the provider, languages spoken by the provider, languages spoken by office staff, list of network facilities where the provider has admitting privileges, whether the provider is a primary care physician (PCP), and whether the office is accessible under the Americans with Disabilities Act (ADA). The network provider directories, both printed and online, are required to also inform consumers of the insurer's obligation to offer SB 137 (Hernandez) Page 9 of ? consumers primary care and specialty care within the specified time frames. The network provider directories, both printed and online, must identify those contracting providers who are themselves multilingual or who employ other multilingual providers and/or office staff, based on language capability disclosure forms signed by the multilingual providers and/or office staff, attesting to their fluency in languages other than English. The regulations require an insurer to promptly notify those patients seen by a provider within the past year when the provider, for any reason, leaves the insurer's network. This may include, but is not limited to, the provider's decision to retire or stop practicing medicine for other reasons, relocating to an area outside the service area, leaving a group practice that is included as a participant in the network, or withdrawing from a network for any other reason. 4.Medi-Cal Requirements. Plans contracting for Medi-Cal managed care enrollees must meet state and federal provider directory requirements. The following are provisions from contracts between DHCS and Medi-Cal managed care plans. "Contractor shall cooperate with the DHCS Enrollment program and shall provide to DHCS' enrollment contractor a list of network providers (provider directory), linguistic capabilities of the providers and other information deemed necessary by DHCS to assist Medi-Cal beneficiaries, and Potential Enrollees, in making an informed choice in health plans. The provider directory will be submitted every six months and in accordance with MMCD Policy Letter 00-02." Additionally, Medi-Cal managed care plans are required to comply with provider listing requirements applicable to DMHC regulation health plans and they are required to report quarterly and at the time of a significant change to the network affecting provider capacity and services, including: 1) Change in services or benefits; 2) Geographic service area or payments; or 3) Enrollment of a new population. The report is required to identify the number of primary care providers, provider deletions and additions, and the resulting impact to: 1) geographic access for the members; 2) cultural and linguistic services including provider and provider staff language capability; 3) the percentage of traditional and safety-net providers; 4) the number of members assigned to each primary care physician; 5) the percentage of members assigned to traditional and safety-net providers; and 6) the network providers who are not accepting new patients. SB 137 (Hernandez) Page 10 of ? 5.Audit Request. In the summer of 2014, the Joint Legislative Audit Committee approved a request by Senator Ricardo Lara to examine California's Medi-Cal managed care provider directories, provider networks and the current regulatory framework to ensure the accuracy of the provider directories. According to the request, there were several alarming reports about the difficulty some Medi-Cal beneficiaries are having in finding Medi-Cal providers who will accept new patients. The audit conducted by the Bureau of State Audits is expected sometime this summer. 6.Related Legislation. AB 533 (Bonta) requires a health plan contract or health insurance policy issued, amended, or renewed on or after January 1, 2016, to provide that if an enrollee or insured obtains care from a participating facility, as defined, at which, or as a result of which, the enrollee or insured receives covered services provided by a nonparticipating provider, as defined, the enrollee or insured is required to pay the nonparticipating provider only the same cost sharing required if the services were provided by a participating provider. AB 533 is scheduled for a hearing in the Assembly Health Committee on April 21, 2015. 7.Prior legislation. a. SB 964 (Hernandez), Chapter 573, Statutes of 2014, increases the oversight of health plans and compliance with timely access to care requirements by requiring health plans to annually report specified network adequacy data, authorizing health plans to include provisions requiring compliance with timely access in its provider contracts, and requiring DHCS to publicly report its findings of finalized medical audits as soon as possible, as specified, and to share those findings and other information with respect to health plans regulated by DMHC. b. AB 2179 (Cohn), Chapter 797, Statutes of 2002, requires DMHC and CDI to develop and adopted regulations to ensure that enrollees have access to needed health care services. 8.Support. The California Pan Ethnic Health Network (CPEHN), cosponsor of this bill writes, health care coverage alone does not ensure consumers can access care. Consumers rely on SB 137 (Hernandez) Page 11 of ? information supplied by health plan provider directories to make decisions about which plans best meet their needs. Errors and misleading information in provider directories can become a huge obstacle for individuals in accessing care. These obstacles are exacerbated in communities of color who often face an insufficient distribution of providers, transportation barriers, language barriers, and lack of flexible hours. Incorrect or out-of-date provider directories further limit the number of available providers, may delay timely access to care, require excessive amount of travel or prevent a consumer from receiving culturally and linguistically appropriate care. Consumers Union and Health Access California, also cosponsors of this bill, writes without knowing which providers are in the network, consumers cannot keep medical costs under control and avoid the surprise medical bills that can come with getting care from out-of-network providers. California recognized the importance of provider directories by enacting a law on access to them a decade ago. Since that time, technology has transformed, making information once available only in telephone book-sized tomes now more readily accessible online. The statutes have not been updated to reflect both advances in technology and the transformation of the health insurance landscape of active consumers shopping for coverage. The first ACA open enrollment period drew significant attention to the issue of inaccurate and insufficiently accessible provider directories. Some consumers faced difficulty getting accurate provider information prior to enrolling; others once enrolled found that the directories they relied upon were not up to date. These issues prompted DMHC to audit two of California's largest insurers last summer and fall, revealing deficiencies in their provider directories. Health Access California believes this bill is the next logical step now that timely access and network adequacy requirements are in place. The Montebello Unified School District supports this bill indicating that many of their employees selected a certain CalPERS plan based on misinformation by the plan that a community hospital was in the network. This hospital continues to be listed in the network three months later despite CalPERS responding to the district that it was working with the plan "to ensure their website is clear and understandable to our members." 9.Concerns. The California Association of Health Plans (CAHP) writes that the accuracy of the directory should be based on a shared responsibility between plans and practitioners. CAHP SB 137 (Hernandez) Page 12 of ? has concerns regarding the volume of detail that is to be incorporated into an on-line database with a 97 percent accuracy rate. The concern is based on the heavy reliance of practitioners and medical groups to maintain accurate records, such as phone numbers, which will require a higher degree of shared responsibility between practitioners and plans. CAHP states that it would be helpful to collectively consider a mechanism for health plans to utilize, outside of contractual requirements, to ensure that practitioner information contained in the database is accurate. CAHP's other concerns with the bill surround the timeframes and efforts spent in regard to the frequency of the updates and CAHP recommends that only data which will assist enrollees in identifying network practitioners be included in the directory. Some health plans, including smaller regional or Medi-Cal managed care plans, may have issues with implementing the new requirements in the timeframes contained in the bill. Plans will be required to make a significant investment in information technology and possibly new network management staff. There are significant technical issues to be considered for implementation, such as in identifying data processing issues to incorporate on-line practitioner feedback into the on-line directory. CAHP also points out that practitioners have one year to bill for care provided, however the bill requires that a practitioner be contacted if a primary care provider has not submitted a claim or encounter data for three months and specialty providers for six months. 10.Amendments. The author intends to request the committee adopt several technical and clarifying amendments. SUPPORT AND OPPOSITION : Support: California Pan-Ethnic Health Network (co-sponsor) Consumers Union (co-sponsor) Health Access California (co-sponsor) American Cancer Society Cancer Action Network American Federation of State, County, and Municipal Employees, AFL-CIO Asian Law Alliance California Academy of Family Physicians California Black Health Network California Chapter American College of Emergency Physicians California Chapter National Association of Social Workers SB 137 (Hernandez) Page 13 of ? California Council of Community Mental Health Agencies California Coverage and Health Initiatives California Labor Federation California Primary Care Association California Optometric Association CALPIRG California School Employees Association, AFL-CIO Children Now Children's Defense Fund California Montebello Unified School District National Health Law Program National Multiple Sclerosis Society California Action Network The Children's Partnership Southeast Asia Resource Action Center Susan G. Komen, Central Valley Affiliate Susan G. Komen, Inland Empire Affiliate Susan G. Komen, Los Angeles County Affiliate Susan G. Komen, Orange County Affiliate Susan G. Komen, Sacramento Valley Affiliate Susan G. Komen, San Diego Affiliate Susan G. Komen, San Francisco Bay Area Affiliate United Way of California Western Center on Law and Poverty Oppose: None on file -- END --