BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 289 (Mitchell) - Telephonic and electronic patient management services ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: May 4, 2015 |Policy Vote: HEALTH 6 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 18, 2015 |Consultant: Brendan McCarthy | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: SB 289 would mandate that health insurers and health plans provide coverage for telephonic and electronic patient management services provided by a contracted physician or non-physician health care provider. Fiscal Impact: Increased health-care cost to CalPERS between $650,000 and $2.9 million per year due to overall increased utilization of health care services (General fund and special funds). (See below for more detail.) SB 289 (Mitchell) Page 1 of ? No anticipated increase in health care costs to the Medi-Cal program (General Fund and federal funds). The California Health Benefits Review Program indicates that the requirement for health plans to pay for telephonic and electronic patient management services would apply to Medi-Cal managed care plans. However, Program staff indicate that they do not believe that Medi-Cal managed care plans would be able to pass those costs along to the state, given the state's considerable bargaining power in contract negotiations. Rather, Medi-Cal managed care plans are likely to either absorb the costs of the bill or include provisions in their contracts with providers that bundle telephonic and electronic patient management services with other covered services. Additional costs of $60,000 in 2016-17 and $20,000 per year thereafter for review of plan filings and responding to complaints by the Department of Insurance (Insurance Fund). Additional costs of $150,000 in 2016-17, $80,000 in 2017-18, and $41,000 per year thereafter to develop regulations, review plan filings, respond to complaints, and take enforcement actions by the Department of Managed Health Care (Managed Care Fund). Background: Under current law, health insurers are regulated by the Department of Insurance and health plans are regulated by the Department of Managed Health Care. Under current law, health insurers and health plans are prohibited from requiring an in-person visit between an enrollee and an health care provider before paying for services that are appropriately provided through telehealth. Similarly, current law prohibits health insurers or health plans from limiting the setting where services are provided through telehealth. Alternatively, current law prohibits health insurers and health plans from requiring the use of telehealth when a health care provider determines that telehealth is not appropriate. Under current law, individuals purchasing coverage provided through health benefit exchanges (including Covered California) are eligible to receive federal subsidies based on household income. Federal law and regulation requires a state to bear the proportionate share of the cost to provide subsides for any SB 289 (Mitchell) Page 2 of ? additional benefit mandates the state imposes on qualifying health plans sold through an exchange, if the benefit mandate goes beyond the benefits included in the benchmark plan. (California has selected the 2012 Kaiser Small Group HMO as its benchmark plan. Any benefit mandates that are covered under that plan are "grandfathered" in, and do not require state subsidy.) Proposed Law: SB 289 would mandate that health insurers and health plans provide coverage for telephonic and electronic patient management services provided by a contracted physician or non-physician health care provider. Specific provisions of the bill would: Beginning on January 1, 2017, require a health insurer or health plan to cover telephonic and electronic patient management services provided by a contracted physician or non-physician health care provider; Prohibit a health insurer or health plan from requiring telephonic or electronic patient management services when a health care provider determines it is not appropriate; Exclude patients in correctional facilities; Limit the required reimbursement for services when the telephonic or electronic patient management service is related to another service or procedure provided to the patient, when the telephonic or electronic patient management service leads to a related service or visit, when the health care provider receives a bundled or capitated payment, or when the telephonic or electronic patient management service is not initiated by the patient. Related Legislation: AB 1771 (V.M. Perez, 2014) would have required health insurers and health plans to provide coverage for telephone visits provided by a contracted physician or contracted non-physician health care provider. That bill was held on this committee's Suspense File. Staff Comments: As is described in the analysis of the bill provided by the California Health Benefits Review Program, there is a good deal of uncertainty about how the behavior of patients and providers will change under the bill. By requiring SB 289 (Mitchell) Page 3 of ? reimbursement to providers for telephonic and electronic patient management services, the bill is very likely to increase providers' willingness to use such services with their patients, increasing utilization. Some of the increased utilization of telephonic and electronic patient management services will reduce in person visits with providers. For example, a patient may find it more convenient to call or email a provider with a question about an ongoing health issue, rather than making an in person appointment. In that case, the bill will not reduce overall utilization of services: it will result in a substitute visit. On the other hand, the ability to communicate with a provider on the phone or through electronic means will also result in supplemental visits (i.e. more utilization than would occur under current law). For example, a patient with a minor question or who is experiencing a minor illness that would not necessarily lead to an in person visit with a provider would be more likely to make a phone call or use an electronic means to communicate with a provider. In those cases, the bill will result in an increase in overall utilization of health care services. The California Health Benefits Review Program modelled a variety of scenarios for utilization. Under all scenarios, there is both substitution and supplementation of in person visits. In all scenarios, however, the supplementation results in an overall increase of utilization of services and therefore an increase of health care costs. The overall increase in health care costs, statewide, is projected to be between $47 million per year and $207 million per year. Those costs are covered by a variety of public and private payers and includes additional patient costs due to copayments and coinsurance paid by patients. Because the bill does not expand essential health benefits, as defined in the Affordable Care Act and mandated in state law, the bill is not expected to result in costs to the state to subsidize health care coverage through Covered California. The only costs that may be incurred by a local agency under the bill relate to crimes and infractions. Under the California Constitution, such costs are not reimbursable by the state. SB 289 (Mitchell) Page 4 of ? -- END --