BILL ANALYSIS                                                                                                                                                                                                    Ó



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

          SB 388 (Mitchell) - Solicitation and enrollment
          
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          |Version: February 25, 2015      |Policy Vote: HEALTH 8 - 0       |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: May 4, 2015       |Consultant: Brendan McCarthy    |
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          This bill meets the criteria for referral to the Suspense File.



          


          Bill  
          Summary:  SB 388 would designate the uniform summary of benefits  
          and coverage information, which must be provided to consumers by  
          health plans and health insurers, a vital document. That would  
          require health plans and health insurers to provide the document  
          in certain languages other than English.


          Fiscal  
          Impact:  
           One-time administrative costs likely between $150,000 and  
            $300,000 to develop policies and translate template documents  
            by the Department of Insurance (Insurance Fund).

           One-time administrative costs of about $200,000 to develop  
            policies and translate template documents by the Department of  
            Managed Health Care (Managed Care Fund).







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          Background:  Under current law, health insurers and health plans  
          (collectively referred to as "carriers") are required to provide  
          consumers with certain vital documents, such as application  
          forms, consent forms, and certain notices, in "threshold  
          languages".  The threshold depends on the size of the plan's  
          enrollment and the number of limited-English proficient  
          enrollees. Currently there are ten threshold languages in the  
          state (Spanish, Vietnamese, Chinese, Korean, Tagalog, Russian,  
          Armenian, Khmer, Arabic, and Hmong).
          In addition, state law requires carriers to translate certain  
          documents, including the uniform summary of benefits and  
          coverage, into non-English languages if the carrier markets  
          coverage in that non-English language. This requirement applies  
          to languages which are not threshold languages.


          Federal law requires carriers to provide enrollees with a  
          uniform summary of benefits and coverage, which provides  
          information about covered services, cost sharing, and other key  
          information about the enrollee's health care coverage. Federal  
          law requires the uniform summary of benefits and coverage to be  
          translated into non-English languages when 10 percent or more of  
          the population of the enrollees county speaks that language. 


          The federal standard is less stringent than state law for  
          translation of vital documents. Under federal law, only Spanish  
          and Chinese meet the thresholds requiring translation of the  
          uniform summary of benefits and coverage into those languages.  
          Whereas, current state law requires vital documents to be  
          translated into ten languages.




          Proposed Law:  
            SB 388 would designate the uniform summary of benefits and  
          coverage information, which must be provided to consumers by  
          health plans and health insurers, a vital document. That would  
          require health plans and health insurers to provide the document  
          in certain threshold languages other than English.
          The bill would require the Department of Insurance and the  








          SB 388 (Mitchell)                                      Page 2 of  
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          Department of Managed Health Care to post written translations  
          of the template uniform summary of benefits and coverage in the  
          threshold languages by January 1, 2016.




          Related  
          Legislation:  SB 353 (Lieu, Statutes of 2013) requires the  
          translation of specified documents into a non-English languages  
          when a carrier markets or advertises health care coverage in  
          that language.


          Staff  
          Comments:  The only costs that may be incurred by a local agency  
          relate to crimes and infractions. Under the California  
          Constitution, such costs are not reimbursable by the state.





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