BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON HEALTH
                          Senator Ed Hernandez, O.D., Chair

          BILL NO:                    SB 503    
           --------------------------------------------------------------- 
          |AUTHOR:        |Hernandez                                      |
          |---------------+-----------------------------------------------|
          |VERSION:       |April 20, 2015                                 |
           --------------------------------------------------------------- 
           --------------------------------------------------------------- 
          |HEARING DATE:  |April 29, 2015 |               |               |
           --------------------------------------------------------------- 
           --------------------------------------------------------------- 
          |CONSULTANT:    |Teri Boughton                                  |
           --------------------------------------------------------------- 
          
           SUBJECT  :  Cal-COBRA:  disclosures

           SUMMARY  :  Deletes an obsolete warning notice required of health plans  
          and insurers providing group coverage and replaces it with a  
          notice providing information about obtaining other health  
          coverage, including through Medi-Cal or Covered California.
           
          Existing law:
          1.Establishes the Department of Managed Health Care (DMHC) to  
            regulate health plans under the Knox-Keene Health Care  
            Services Plan Act of 1975 and the California Department of  
            Insurance (CDI) to regulate health insurers; the California  
            Health Benefit Exchange (referred to as Covered California) to  
            compare and make available through selective contracting with  
            health plans and health insurers, insurance for individual and  
            small business purchasers as authorized under the Patient  
            Protection and Affordable Care Act (ACA); and, the Department  
            of Health Services to administer Medi-Cal, a health care  
            program for qualified low-income adults, children, and people  
            with disabilities.  

          2.Requires every health plan and health insurer disclosure form  
            to covered employees of group benefit plans that the enrollee  
            or insured may be entitled to continuation of group coverage  
            and that additional information regarding eligibility for this  
            coverage may be found in the plan's or insurer's evidence of  
            coverage.

          3.Requires every disclosure issued, amended, or renewed on and  
            after July 1, 2006, for a group benefit plan to include the  
            following notice:

               "Please examine your options carefully before declining  







          SB 503 (Hernandez)                                 Page 2 of ?
          
          
               this coverage. You should be aware that companies selling  
               individual health insurance typically require a review of  
               your medical history that could result in a higher premium  
               or you could be denied coverage entirely."
          
          This bill:
          1.Requires a disclosure issued, amended, or renewed on or after  
            July 1, 2016, for a group benefit plan to include the  
            following notice:

          "In addition to your coverage continuation options, you may be  
            eligible for the following:
          
                  a    Coverage through the state health insurance  
                marketplace, also known as Covered California. By  
                enrolling through Covered California, you may qualify for  
                lower monthly premiums and lower out-of-pocket costs. Your  
                family members may also qualify for coverage through  
                Covered California.

                b.Coverage through Medi-Cal. Depending on your income, you  
                 may qualify for low or no-cost coverage through the state  
                 Medicaid program that is known as Medi-Cal.

                c.Coverage through an insured spouse. If your spouse has  
                 coverage that extends to family members, you may be  
                 eligible to be added on that benefit plan.

                    Be aware that there may be a deadline to enroll in  
                 some of these options. To find out more about how to  
                 apply for Covered California and Medi-Cal, visit the  
                 Covered California Internet Web site at  
                 http://www.coveredca.com."

          2.Requires a group contract between a group benefit plan and an  
            employer that is issued, amended or renewed on or after July  
            1, 2016 to require the employer to give the notice in 1) above  
            to a qualified beneficiary.

          3.Deletes an obsolete warning that companies selling individual  
            health insurance typically require a review of medical history  
            that could result in higher premium or denial of coverage.   
            Reinstates this provision if the ACA requirement to have  
            health insurance is repealed or amended to no longer apply to  
            the individual market 12 months after the date of that repeal  








          SB 503 (Hernandez)                                 Page 3 of ?
          
          
            or amendment.

          4.Makes technical conforming changes to update cross references  
            brought about by the provisions of this bill.

           FISCAL  
          EFFECT  :  This bill has not been analyzed by a fiscal committee.

           COMMENTS  :
          1.Author's statement.  According to the author, the ACA has  
            brought about significant transformation in the health  
            insurance market place providing opportunities for employees  
            to leave group based coverage without the fear of going  
            uninsured.  Prior to the ACA it was very important that people  
            be made aware of the challenges obtaining health insurance in  
            the individual market where medical underwriting and denials  
            of coverage based on health status were permitted.  Those  
            challenges do not exist today.  Consumer notifications need to  
            be updated to reflect coverage options that are now available.  
             This bill simply revises consumer notices to inform people  
            about options for other coverage including through Medi-Cal  
            and Covered California.

          2.COBRA.  Federal law that governs continuation coverage for  
            employees leaving group coverage is called the Consolidated  
            Omnibus Budget Reconciliation Act (COBRA), which applies to  
            employers who have more than 20 employees, and requires the  
            terminated employee to pay 102 percent of the premium in order  
            to maintain coverage.  California law, referred to as  
            Cal-COBRA, applied to employers that have two to 19 employees,  
            and required the terminated employee to pay 110 percent of the  
            premium.  

          3.ACA.  The ACA makes statutory changes affecting the regulation  
            of and payment for certain types of private health insurance.   
            As of 2014, individuals are required to maintain health  
            insurance or pay a penalty, with exceptions for financial  
            hardship (if health insurance premiums exceed 8 percent of  
            household adjusted gross income), religion, incarceration, and  
            immigration status.  Several insurance market reforms are also  
            required, such as prohibitions against health insurers  
            imposing pre-existing health condition exclusions.  These  
            reforms impose new requirements on states related to the  
            allocation of insurance risk, prohibit insurers from basing  
            eligibility for coverage on health status-related factors,  








          SB 503 (Hernandez)                                 Page 4 of ?
          
          
            allow the offering of premium discounts or rewards based on  
            enrollee participation in wellness programs, impose  
            nondiscrimination requirements, require insurers to offer  
            coverage on a guaranteed issue and renewal basis, and  
            determine premiums based on adjusted community rating (age,  
            family, geography, and tobacco use).  Additionally, states  
            have been permitted to establish health benefit exchanges  
            where individuals with income below 400 percent of the federal  
            poverty level can qualify for credits toward their premium  
            costs and subsidies toward their cost-sharing for insurance  
            purchased through an exchange.  California has established  
            Covered California, as a state-based exchange that is  
            operating as an independent government entity with a  
            five-member Board of Directors.

          4.Tie Back.  AB X1 2  (Pan), Chapter 1, Statutes of 2013 and SB  
            X1 2 (Hernandez), Chapter 2, Statutes of 2013 together  
            implement ACA health insurance reforms in California in the  
            individual market, and include tie back provisions requested  
            by the Brown Administration and health insurers.  These ACA  
            tie back provisions make inoperative in state law some ACA  
            provisions 12 months after the repeal of the federal  
            requirement that individuals have health insurance, and  
            reinstate provisions of law that were protective of consumers  
            prior to the ACA.

          5.Prior legislation. AB 1180 (Pan), Chapter 441, Statutes of  
            2013, makes inoperative because of the ACA several provisions  
            in existing law that implement state health insurance laws of  
            the federal Health Insurance Portability and Accountability  
            Act of 1996 (HIPAA) and additional provisions that provide  
            former employees rights to convert their group health  
            insurance coverage to individual market coverage without  
            medical underwriting.  Establishes notification requirements  
            informing individuals affected by AB 1180 of health insurance  
            available in 2014.

            AB 2 1X (Pan) and SB 2 1X (Hernandez), establishes health  
            insurance market reforms contained in the ACA specific to  
            individual purchasers, such as prohibiting insurers from  
            denying coverage based on pre-existing conditions; and makes  
            conforming changes to small employer health insurance laws  
            resulting from final federal regulations.

            SB 961 (Hernandez) of 2012, and AB 1461 (Monning), were  








          SB 503 (Hernandez)                                 Page 5 of ?
          
          
            identical bills that would have reformed California's  
            individual market similar to the provisions in SBX1 2.  SB 961  
            and AB 1461 were vetoed by Governor Brown.

            AB 1083 (Monning), Chapter 854, Statutes of 2012, establishes  
            reforms in the small group health insurance market to  
            implement the ACA.

            AB 2244 (Feuer), Chapter 656, Statutes of 2010, requires  
            guaranteed issue of health plan and health insurance products  
            for children beginning in January 1, 2011.

            SB 900 (Alquist), Chapter 659, Statutes of 2010, and AB 1602  
            (Perez), Chapter 655, Statutes of 2010, establishes the  
            California Health Benefit Exchange.
              
          6.Support.  The Western Center on Law and Poverty supports this  
            bill.  According to Western Center, COBRA is a federal program  
            allowing employees who leave their jobs to buy into their  
            former employer coverage. It applies to employers with 20 or  
            more employees. California has a similar program for  
            continuation coverage for employers with between 2 and 19  
            employees - "Cal COBRA." SB 503 would add to the required Cal  
            COBRA notice information regarding Medi-Cal and Covered  
            California. We have some suggested changes to simplify the  
            language and make it more uniform across programs and support  
            advising consumers of this information so they know all of  
            their health coverage options. For those who are  
            income-eligible for Medi-Cal or subsidies in Covered  
            California, that coverage will likely be more affordable than  
            buying into Cal COBRA.
          
          7.Amendments requested by Western Center on Law and Poverty. 

            Coverage through Medi-Cal. Depending on your income, you may  
            qualify for low or no-cost coverage through  the state Medicaid  
            program that is known as  Medi-Cal.   Your family members may  
            also qualify for Medi-Cal.


             Coverage through an insured spouse. If your spouse has  
            coverage that extends to family members, you may be  eligible   
             able  to be added on that benefit plan.










          SB 503 (Hernandez)                                 Page 6 of ?
          
          
            Be aware that there  may   is   be  a deadline to enroll in  some of  
            these options   Covered California though you can qualify for  
            Medi-Cal anytime  . To find out more about how to apply for  
            Covered California and Medi-Cal, visit the Covered California  
            Internet Web site at  http://www.coveredca.com  ."


           SUPPORT AND OPPOSITION :
          Support:  Health Access California
                    Western Center on Law and Poverty
          
          Oppose:   None received

                                      -- END --