BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 289 (Mitchell) - Telephonic and electronic patient management  
          services
          
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          |Version: May 4, 2015            |Policy Vote: HEALTH 6 - 0       |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: May 18, 2015      |Consultant: Brendan McCarthy    |
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          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.)








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           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  








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          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  








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          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.










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