BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 137


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          SENATE THIRD READING


          SB  
          137 (Hernandez)


          As Amended  August 31, 2015


          Majority vote


          SENATE VOTE:  35-0


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Health          |17-2 |Bonta, Maienschein,   |Lackey, Patterson   |
          |                |     |Bonilla, Burke,       |                    |
          |                |     |Chávez, Chiu, Gomez,  |                    |
          |                |     |Gonzalez, Roger       |                    |
          |                |     |Hernández, Nazarian,  |                    |
          |                |     |Ridley-Thomas,        |                    |
          |                |     |Rodriguez, Santiago,  |                    |
          |                |     |Steinorth, Thurmond,  |                    |
          |                |     |Waldron, Wood         |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |12-2 |Gomez, Bloom, Bonta,  |Bigelow, Jones      |
          |                |     |Calderon, Nazarian,   |                    |
          |                |     |Eggman, Eduardo       |                    |
          |                |     |Garcia, Holden,       |                    |
          |                |     |Quirk, Rendon, Weber, |                    |
          |                |     |Wood                  |                    |








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          |                |     |                      |                    |
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          SUMMARY:  Requires health care service plans (plans) and health  
          insurers (insurers), collectively referred to as carriers, to  
          publish and maintain printed and online provider directories,  
          and sets requirements carriers must meet to maintain accurate  
          provider directories.  Specifically, this bill:


          1)Requires carriers, commencing July 1, 2016, to publish and  
            maintain written and online provider directories with  
            information on contracting providers that deliver health care  
            services to enrollees, as specified.


          2)Requires carriers to update printed provider directories at  
            least quarterly and online provider directories at least  
            weekly, or more frequently if required by federal law, and  
            specifies when carriers must update provider information and  
            when to delete providers from the directories.


          3)Requires provider directories for full-service health plans  
            and policies, mental health, vision, dental, and other  
            specialized plans to include specified information for various  
            provider and facility types, including provider contact  
            information; practice locations; non-English languages spoken  
            by providers or qualified medical interpreters on the  
            provider's staff; and, identification of providers no longer  
            accepting new patient's for a carrier's product.


          4)Details policies and procedures carriers must follow to update  
            provider directories, including requirements for affirmative  
            responses from providers confirming or updating their  
            information in the provider directories within specified  








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            timeframes, and a process to allow providers to submit changes  
            or updates.  


          5)Requires providers to verify or submit changes to their  
            information in the provider directories using a process as  
            required by carriers, and within specified timeframes.   
            Authorizes carriers to delay payment to providers for up to  
            one month, remove providers from the provider directory, or  
            terminate contracts based on provider nonresponse to carrier  
            requests to verify or update provider directory information,  
            within specified timeframes.


          6)Requires carriers to establish a process for an individual to  
            identify and report possible inaccurate, incomplete, or  
            misleading information listed in the provider directory, as  
            specified, and requires carriers to, within specified  
            timeframes, investigate such reports and update the  
            information in the provider directory as applicable.


          7)Requires carriers to use a consistent method of network and  
            product naming, numbering, or classification method to ensure  
            proper identification of networks and plan products in which a  
            provider participates; and, requires online provider  
            directories to be accessible through a clearly identifiable  
            link or tab and in a manner that is searchable by specified  
            informational elements including provider name, practice  
            address, language, distance from a specified address,  
            California license number, National Provider Identifier  
            number, and others.


          8)Requires, on or before December 31, 2016, the Department of  
            Manages Health Care (DMHC) and the Department of Insurance  
            (CDI) to develop uniform provider directory standards to  
            permit consistency for naming, numbering, the classification  
            methods of, and ability to search a directory, as well as the  








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            development of a multi-plan directory by another entity.   
            Exempts no more than two revisions of the standards developed  
            by DMHC and CDI from the Administrative Procedures Act until  
            January 1, 2021.


          9)Requires carriers, by July 31, 2017, or 12 months after the  
            date the standards are developed, whichever is later, to  
            comply with the standards in 8) above.


          10)Authorizes DMHC and CDI to require a carrier to provide  
            coverage for all health care services provided to an enrollee,  
            and to reimburse an enrollee for any amount beyond what the  
            enrollee would have paid for services provided by a  
            contracting provider, if DMHC or CDI find that the enrollee  
            reasonably relied upon materially inaccurate, incomplete, or  
            misleading information contained in a provider directory and,  
            as a result, obtained services from a non-contracting  
            provider.  


          11)Requires plans to file an amendment to its plan application  
            with DMHC whenever it determines, as a result of the  
            provisions of this bill, that there has been a 10% change in  
            the network for a product in a region.


          12)Provides that carriers are not prohibited from requiring  
            provider groups or contracting specialized health care plans  
            to provide information required by the carrier for each of the  
            providers that contract with the group or specialized plan, as  
            specified.  Requires, under this arrangement, the carrier to  
            retain the responsibility for ensuring that the provisions of  
            this bill are satisfied.


          13)Specifies that the provider directory standards apply to  
            Medi-Cal managed care (MCMC) plans to the extent consistent  








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            with federal law and guidance issued after January 1, 2016,  
            and provides that a MCMC plan that complies with this bill is  
            not required to distribute a printed provider directory unless  
            one is requested.


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, this bill would result in:


          1)One-time costs to DMHC in the hundreds of thousands (Managed  
            Care Fund), and in the range of $100,000 for CDI (Insurance  
            Fund) for development of complex regulations related to  
            standard provider directories.


          2)Enforcement costs are unknown but likely significant for both  
            DMHC and CDI.  Most costs would fall on DMHC, as they now  
            regulate the vast majority of the marketplace.  Enforcement  
            and complaint resolution costs would depend on compliance and  
            level of consumer complaints.


          3)Although not a direct state cost, health plans indicate the  
            complex and prescriptive nature of the requirements translate  
            into several million dollars of one-time infrastructure costs  
            per plan, and significant costs ongoing.  Increased  
            administrative costs can be passed on to consumers and  
            purchasers, including the state, as higher premiums and  
            cost-sharing and lower benefits.


          COMMENTS:  According to the author, the reliability of provider  
          directories has recently become a source of policy concern,  
          particularly following the implementation of the Patient  
          Protection and Affordable Care Act (ACA) which establishes an  
          individual mandate to maintain coverage, and which expands  
          Medicaid (Medi-Cal in California) to newly eligible populations.  
           Provider directories serve as a resource for consumers to  








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          evaluate coverage options; determine whether a provider,  
          including primary a care physician, specialist, or hospital they  
          would like to see are contracted in a carrier's network; and, to  
          identify and locate providers and services when seeking care.   
          Californians shopping for health insurance must have confidence  
          in the provider directory information upon which they are basing  
          their decisions, especially when health insurance coverage is  
          required by government for most of the population.  The author  
          states that this bill would establish provider directory  
          standards and routine updates of provider directories.


          Over the last two years, the public, advocates, regulators, and  
          oversight agencies have expressed concerns about patient access  
          to providers and the accuracy of provider directories.  Covered  
          California is California's state health benefit exchange.  In  
          the fall of 2013, Covered California established an online  
          aggregated provider directory which would allow consumers to see  
          which providers belonged to which qualified health plan  
          networks.  However, due to inaccurate information regarding the  
          providers, the Web site was discontinued in February 2014.   
          According to Covered California, while the combined provider  
          directory was a useful service for consumers, some enrollees who  
          located physicians thought to be in their plan, subsequently  
          discovered they were not.  In November 2014, DMHC audits of two  
          large health plans found significant inaccuracies in provider  
          directories.  With regard to provider directories of MCMC plans,  
          a June 2015 California State Auditor report concluded that the  
          Department of Health Care Services (DHCS) did not verify  
          provider network data it received from MCMC plans were accurate,  
          and that flaws in DHCS' process for reviewing provider  
          directories have resulted in DHCS approving provider directories  
          with inaccurate information.


          Regulatory actions at the federal and state levels aim to  
          improve the accuracy of provider directories.  Under federal  
          regulations, carriers participating in health benefit exchanges  
          established under the ACA are required to publish up-to-date,  








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          accurate, and easily accessible provider directories.  Proposed  
          federal MCMC regulations require MCMC plans to update paper  
          provider directories at least monthly and electronic provider  
          directories within three days of learning of changes from  
          providers.  In January 2015, CDI issued emergency regulations  
          requiring provider directories to include specified elements,  
          and to demonstrate the accuracy of its directories as required.


          Health Access California, Consumers Union, and the California  
          Pan-Ethnic Health Network are cosponsors of this bill and argue  
          that it provides critical improvements to provider directories,  
          which are a crucial tool for consumers choosing and using a  
          health plan.  Supporters state that consumers must have accurate  
          information about the doctors, hospitals, and other providers  
          covered by each product's network, and with this information,  
          they can make informed choices about which plans and policies  
          are best for them and avoid exposure to unexpected medical bills  
          by inadvertently obtaining care from out-of-network providers.


          The California Hospital Association (CHA) and a number of  
          physician groups oppose this bill based on provisions allowing  
          plans to delay payments to providers.  CHA states that under  
          this bill, carriers would have the sole authority to determine  
          whether information received from providers is acceptable, and  
          if not, hospitals would face significant financial penalties.   
          CHA states that the provisions related to delayed provider  
          payments are excessive and one-sided.  Physician groups state  
          that payment delays under this bill could have disastrous  
          consequences for their financial stability.  The physician  
          groups request this bill include a reference to the Provider  
          Bill of Rights so that they can fairly negotiate delegation and  
          compliance requirements with contracting health plans prior to  
          implementation.  The California Association of Physician Groups  
          (CAPG) states that it has no objection to this bill moving  
          forward while they continue discussions that may lead to the  
          removal of its opposition to the current language regarding  
          provider payment delays.








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          Health plans have a number of concerns with the previous version  
          of this bill, including implementation timeline, and ensuring  
          provides are held accountable for updating plans when  
          information changes.




          Analysis Prepared by:                                             
                          Kelly Green / HEALTH / (916) 319-2097  FN:  
          0001714