BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 388


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          Date of Hearing:  June 30, 2015


                            ASSEMBLY COMMITTEE ON HEALTH


                                  Rob Bonta, Chair


          SB  
          388 (Mitchell) - As Amended June 23, 2015


          SENATE VOTE:  40-0


          SUBJECT:  Health care coverage: solicitation and enrollment.


          SUMMARY:  Makes the uniform summary of benefits and coverage  
          (SBC) document, provided by health care service plans (plans)  
          and health insurers (insurers) to consumers, a vital document  
          subject to specified language translation requirements.  
          Specifically, this bill:  


          1)Makes, commencing July 1, 2016, the uniform SBC a vital  
            document for the purposes of language translation requirements  
            for plans and insurers.


          2)Requires, not later than July 1, 2016, the Department of  
            Managed Health Care (DMHC) and the California Department of  
            Insurance (CDI) to develop written translations of SBC  
            templates in all language groups identified by the Department  
            of Health Care Services (DHCS) in all plan letters as of  
            August 27, 2014 (commonly referred to as Medi-Cal threshold  
            languages), except for any language group for which the United  
            States Department of Labor (DOL) has already prepared a  








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            written translation.


          3)Requires DMHC and CDI, not later than July 1, 2016, to make  
            the written translations of the template uniform SBC available  
            on their websites, as well as any written translations  
            prepared by the DOL, if available.


          EXISTING LAW:   


          1)Requires, under the Patient Protection and Affordable Care Act  
            (ACA), federal agencies, as specified, to develop standards  
            for an SBC that accurately describes the benefits and coverage  
            under an applicable plan or coverage.  Requires health plans  
            and insurers to provide the uniform SBC to enrollees.


          2)Requires DMHC and CDI to develop and adopt regulations  
            establishing standards and requirements to provide enrollees  
            and insureds with appropriate access to language assistance in  
            obtaining health care services.


          3)Requires DMHC and CDI to require plans, and insurers to assess  
            the linguistic needs of the enrollee or insured population,  
            excluding Medi-Cal enrollees, and to provide for translation  
            and interpretation for medical services, as indicated,  
            including translating vital documents in threshold languages  
            based on the sizes of enrollment and the needs assessment, as  
            specified.  


          4)Specifies the type of vital documents produced by the plan  
            that are required to be translated, including:


             a)   Applications;








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             b)   Consent forms;


             c)   Letters containing important information regarding  
               eligibility and participation criteria;


             d)   Notices pertaining to the denial, reduction,  
               modification, or termination of benefits, and the right to  
               file a grievance or appeal; and,


             e)   Notices advising limited-English-proficient persons  
               (LEP) of the availability of free language assistance and  
               other outreach materials that are provided to enrollees.


          5)Specifies that vital documents shall not include an  
            explanation of benefits or similar claim processing  
            information sent to the enrollee or insured, unless the  
            document requires a response by the enrollee or insured.


          6)Establishes various consumer disclosure requirements on health  
            plans, including a requirement for plans to provide a uniform  
            health plan benefits and coverage matrix (matrix) containing  
            the plan's major provisions in order to facilitate comparisons  
            between individual and small group market plans.


          7)Requires insurers to provide to insureds summary information  
            about each disability insurance policy offered by the insurer  
            for full and fair disclosure of the provisions of the policy.


          8)Permits plans and insurers subject to ACA uniform SBC  
            requirements to satisfy requirements to provide the matrix  








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            referenced in 5) above and the summary information referenced  
            in 6) above by providing the uniform SBC, as specified.


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, this bill, as introduced, will result in:


          1)One-time administrative costs likely between $150,000 and  
            $300,000 to develop policies and translate template documents  
            by CDI (Insurance Fund).



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


          COMMENTS:


          1)PURPOSE OF THIS BILL.  According to the author, the ACA  
            requires plans and insurers to provide consumers with an easy  
            to understand SBC to help them evaluate and compare their  
            health insurance options.  The SBC includes key features of  
            coverage such as covered benefits, cost-sharing provisions,  
            and coverage limitations as well as a standard glossary of  
            terms.  The author states that the ACA requires this  
            information to be provided in a culturally and linguistically  
            appropriate manner, but, unfortunately, federal standards on  
            translating the SBC are inconsistent with California's  
            translation requirements.  The author states that this bill  
            makes clear that translation of the SBC must be consistent  
            with California's current language access laws, helping to  
            ensure that more Californians are informed about their health  
            coverage options and have equal access to critical information  
            about their health care.








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          2)BACKGROUND.  


             a)   SBC.  The ACA sets forth specified disclosure  
               requirements to help consumers better understand their  
               health coverage, as well as to gain a better understanding  
               of other coverage options and an ability to compare plans.   
               One such disclosure requirement is for plans and insurers  
               to provide SBCs, and a uniform glossary of common terms  
               used in health coverage and medical care, to consumers so  
               that they may obtain summarized information about plan  
               benefits and coverage, and evaluate and compare their  
               health coverage options. 


               The SBC provides basic information regarding benefits and  
               coverage including specific cost-sharing information;  
               coverage limitations and exclusions; and, information  
               regarding continuity of coverage and grievances and  
               appeals.  Under the ACA, consumers have the right to obtain  
               an SBC and uniform glossary when shopping for or enrolling  
               in coverage, and plans and insurers must provide the SBC  
               and uniform glossary in a culturally and linguistically  
               appropriate manner.   


               The ACA requires the federal Health and Human Services, the  
               Treasury, and the DOL (collectively referred to as the  
               Departments) to develop SBC and uniform glossary standards  
               for use by plans and insurers offering group and individual  
               coverage.  The Departments published proposed regulations  
               in December 2011 to implement the SBC standards, along with  
               a proposed SBC template to be used by plans and insurers.   
               After consideration of comments from the public, the  
               Departments published joint final regulations implementing  
               specified disclosures, accompanied by an SBC template,  
               instructions, and related material.








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               On December 30, 2014, the Departments issued a new set of  
               proposed regulations, as well as a revised SBC template.   
               The Departments released final SBC regulations on June 12,  
               2015.  However, the new SBC template will not be finalized  
               until January 2016 in order to allow for consumer testing  
               and more public comment.  Once finalized, the new SBC  
               template will apply to coverage that would renew or  
               commence for plan years on or after January 1, 2017.  


             b)   FEDERAL AND STATE LANGUAGE ACCESS.  Under federal  
               language access rules, plans and insurers must translate  
               the SBC and uniform glossary if 10% or more of the  
               population in a county is literate in the same non-English  
               language.   According to the Centers for Medicare and  
               Medicaid Services, based on these rules, two languages in  
               California would meet the thresholds for written  
               translations:  Spanish and Chinese.  Twenty-five California  
               counties meet the 10%t threshold requirement to translate  
               SBCs in Spanish.  Those counties are: Colusa, Fresno,  
               Glenn, Imperial, Kern, Kings, Los Angeles, Madera, Merced,  
               Monterey, Napa, Orange, Riverside, San Benito, San  
               Bernardino, San Diego, San Joaquin, San Mateo, Santa  
               Barbara, Santa Cruz, Stanislaus, Sutter, Tulare, Ventura,  
               and Yolo.  One county, San Francisco, meets the 10%  
               threshold requirement to translate SBCs in Chinese.


               California law requires vital documents to be translated  
               when an LEP enrollee represents a certain percentage of the  
               plan's enrollment.  Specifically, plans and insurers must  
               assess the linguistic needs of the enrollee or insured  
               population, and translate vital documents in threshold  
               languages based on the sizes of enrollment and the needs  
               assessment.  For example, a plan with enrollment of 1  
               million or more is required to translate vital documents  
               into the top two languages other than English as determined  








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               by the needs assessment, and any additional languages when  
               0.75% or 15,000 enrollees, whichever is less, indicates a  
               preference for written materials in their language.


               According to DMHC, 10 languages qualify as meeting language  
               access thresholds under California's translation  
               requirements for vital documents. Those languages are  
               Spanish, Vietnamese, Chinese, Korean, Tagalog, Russian,  
               Armenian, Khmer, Arabic, and Hmong.  


               This bill requires DMHC and CDI to develop and post  
               templates of the SBC translated into Medi-Cal threshold  
               languages, except for those already translated by the DOL  
               (Chinese, Spanish, Navajo, and Tagalog).  DHCS is  
               responsible for promulgating standards that Medi-Cal  
               managed care health plans must apply to determine which  
               languages, at a minimum, they must use to provide  
               translated materials to enrollees.  Specifically, DHCS  
               qualifies a language as a threshold language for the  
               purposes of translation when 3,000, or 5% of the  
               beneficiary population in a service area indicate a primary  
               language other than English; or when 1,000 beneficiaries in  
               a single zip code, or 1,500 in two contiguous zip codes  
               speak a primary language other than English.


               On April 27, 2014, DHCS released an All-Plan Letter, which,  
               in addition to English, lists the following languages as  
               the current set of Medi-Cal threshold languages:  Arabic,  
               Armenian, Cambodian, Chinese, Farsi, Hmong, Korean,  
               Russian, Spanish, Tagalog, and Vietnamese.


          3)SUPPORT.  The California Pan-Ethnic Health Network (CPEHN) is  
            the sponsor of this bill.  CPEHN states that although the ACA  
            expanded coverage for millions of Californians, consumers are  
            still confused about health insurance terminology and do not  








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            fully understand key details of their plans and policies.   
            CPEHN argues that this bill will ensure LEP consumers can  
            access vital information included in the SBCs by expanding the  
            languages into which it will be translated; ensure health  
            plans are meeting their language access obligations; improve  
            access to language assistance services; and help ensure  
            Californians can access a standardized glossary of insurance  
            terms.  Other supporters state that California is extremely  
            diverse, with over 100 languages spoken and 40% of the  
            population comprised by LEP individuals.  Supporters state  
            that the SBC forms are important tools for consumers, and help  
            them make sense of health care coverage, and that consumers'  
            new right to the SBC under the ACA means they finally have a  
            uniform document that can be used to reliably compare plans  
            and policies, and obtain important coverage information.   
            Supporters argue that this bill ensures that the SBC is  
            available to all Californians, not just those who speak  
            English, and moves California steps forward by ensuring one of  
            the most basic and informative documents is translated and of  
            use to millions of LEP Californians who rely on insurance for  
            their health.  


          4)PREVIOUS LEGISLATION.  


             a)   SB 353 (Lieu), Chapter 447, Statutes of 2013, requires  
               the translation of specified documents by trained and  
               qualified translators when a health plan, insurer, or any  
               other person or business markets or advertises health  
               insurance products in the individual or small group markets  
               in a non-English language that is not a threshold language  
               under existing law. 
              
             b)   SB 853 (Escutia), Chapter 713, Statutes of 2003,  
               required DMHC to adopt, not later than January 1, 2006,  
               regulations establishing standards and requirements to  
               provide health plan enrollees with access to language  
               assistance in obtaining health care services.








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          5)POLICY COMMENTS.

             a)   Timeframes.  This bill would require DMHC and CDI to  
               develop and post translated templates of the SBC no later  
               than July 1, 2016.  According to the author, these  
               requirements are designed to provide assistance to plans  
               and insurers by providing access to translated templates  
               for them to use for their SBCs.  However, by making the SBC  
               a vital document on July 1, 2016, thus requiring the SBC to  
               be translated by that same date, the bill does not appear  
               to allow time for the plans to use the templates unless  
               both DMHC and CDI develop and post the templates in advance  
               of their own deadline.  The author may wish to amend the  
               bill to provide plans and insurers additional time to  
               access and utilize the templates by delaying the date by  
               which the SBC becomes a vital document.  Open enrollment  
               for the 2017 plan year commences on November 1, 2016.   
               Consumers should be able to obtain access to the translated  
               SBCs in advance of the commencement of open enrollment.   
               Thus, the author may wish to amend the bill to make the SBC  
               document a vital document by October 1, 2016.  

             b)   Technical amendment.  The author has asked for the  
               following technical amendments on Page 8, lines 24 to 27 as  
               follows:

                 "?has already prepared a written translation.  Not later  
                 than July 1, 2016, the  department   commissioner  shall make  
                 available on its Internet Web site written translations  
                 of the template uniform summary of benefits and coverage  
                 developed by the  department   commissioner  , and written?"
          


          REGISTERED SUPPORT / OPPOSITION:









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          Support


          California Pan-Ethnic Health Network (sponsor)


          American Cancer Society-Cancer Action Network


          American Federation of State, County and Municipal Employees,  
          AFL-CIO


          Asian Law Alliance


          California Council of the Service Employees International Union


          California Immigrant Policy Center


          Community Health Councils


          Consumers Union


          National Health Law Program


          SEIU-California


          Southeast Asia Resource Action Center









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          Western Center on Law and Poverty




          Opposition


          None on file.




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