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 throughthe state Medicaid program that is known asMedi-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 beeligibleable to be added on that benefit plan. SB 503 (Hernandez) Page 6 of ? Be aware that theremayisbea deadline to enroll insome of these optionsCovered 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 --