BILL ANALYSIS Ó SB 388 Page 1 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 SB 388 Page 2 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; SB 388 Page 3 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 SB 388 Page 4 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. SB 388 Page 5 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. SB 388 Page 6 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 SB 388 Page 7 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 SB 388 Page 8 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. SB 388 Page 9 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, thedepartmentcommissioner shall make available on its Internet Web site written translations of the template uniform summary of benefits and coverage developed by thedepartmentcommissioner , and written?" REGISTERED SUPPORT / OPPOSITION: SB 388 Page 10 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 SB 388 Page 11 Western Center on Law and Poverty Opposition None on file. Analysis Prepared by:Kelly Green / HEALTH / (916) 319-2097