BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                    THIRD READING


          Bill No:  SB 546
          Author:   Leno (D)
          Amended:  6/2/15  
          Vote:     21  

           SENATE HEALTH COMMITTEE:  5-2, 4/22/15
           AYES:  Hernandez, Mitchell, Monning, Pan, Wolk
           NOES:  Nguyen, Nielsen
           NO VOTE RECORDED:  Hall, Roth

           SENATE APPROPRIATIONS COMMITTEE:  5-2, 5/28/15
           AYES:  Lara, Beall, Hill, Leyva, Mendoza
           NOES:  Bates, Nielsen

           SUBJECT:   Health care coverage:  rate review


          SOURCE:    California Labor Federation
                     California Teamsters Public Affairs Council
                     UNITE HERE


          DIGEST:  This bill establishes a rate review process for a  
          health plan's or insurer's aggregated large group market  
          products and requires the Department of Managed Health Care and  
          the California Department of Insurance to conduct a public  
          meeting regarding large group rate changes for each plan or  
          insurer that offers coverage in the large group market between  
          November 1, 2016, and March 1, 2017, and annually thereafter.  
          This bill establishes a rate review process for specific large  
          group health insurance products prior to the implementation of  
          any rate increase that is 150% greater than the average rate  
          increase for the large group market enrollees covered in the  
          aggregated filing or if the rate increase would trigger the  
          excise tax.  








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          ANALYSIS:   Existing law requires health plans and health  
          insurers for their large group market products, to file with the  
          Department of Managed Health Care (DMHC) and the California  
          Department of Insurance (CDI), at least 60 days prior to  
          implementing any rate change, specified rate information related  
          to unreasonable rate increases, including all information that  
          is required by the Affordable Care Act (ACA).  These provisions  
          have never been implemented.


          This bill:

          1)Requires health plans and insurers to include in a notice  
            required 60 days before contract renewal the amount that a  
            rate change is greater than the average rate increase for  
            individual market products approved by the California Health  
            Benefit Exchange, the amount that a rate change is greater  
            than the average rate increase approved by CalPERS, and  
            whether the rate change would trigger the excise tax.  

          2)Requires health plans and insurers for their large group  
            market products to file required rate information for rate  
            changes aggregated for their entire large group market on or  
            before October 1, 2016, and on or before October 1, annually  
            thereafter.

          3)Establishes large group rate filing requirements including  
            that health plans and health insurers report the average rate  
            increase for the large group market enrollees or insureds  
            covered in the filing with the average rate weighted by the  
            number of covered lives.

          4)Requires large group product rate filings 60 days prior to  
            implementing any rate increase that is:

             a)   Greater than150% of the average rate increase determined  
               in 3) above; or
             b)   Causes the plan for the large group purchaser to incur  
               the excise tax.









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          5)Requires plans and insurers to disclose specified information  
            for each rate filing required in 4) above similar to the  
            requirements applicable to the aggregate rate filings and  
            requires additional disclosures.

          6)Requires a plan to submit any other information required under  
            the ACA, and any other information required pursuant to any  
            regulation adopted by DMHC or CDI to comply with this bill.

          7)Requires DMHC and CDI to conduct a public meeting regarding  
            large group rate changes for each plan or insurer that offers  
            coverage in the large group market between November 1, 2016,  
            and March 1, 2017, and annually thereafter between November 1  
            and March 1 of the subsequent year.  Requires the public  
            meeting to be scheduled based on the number of covered lives  
            for each plan with the largest plan first, and the smallest  
            last.

          Comments

          1)Author's statement.  According to the author, the rising cost  
            of health care is a major concern for large purchasers in  
            California, and the lack of transparency in pricing for the  
            large group market has contributed to uncontrolled cost  
            increases for large employers and union trusts. According to  
            the 2014 California Employer Health Benefits Survey, health  
            premiums in California rose by 185% since 2002, more than five  
            times the state's overall inflation rate. In addition, one in  
            four California employers reported that they reduced benefits  
            or increased employee cost sharing in the last year because of  
            the rising cost of health care.

            SB 1163 (Leno, Chapter 661, Statutes of 2010) requires health  
            plans and insurers to provide regulators and consumers with  
            critical data and information documenting the true drivers of  
            premium increases in the individual and small group markets.  
            Since its enactment in 2011, SB 1163 has saved California  
            consumers over $300 million. However, the same protections  
            have not been implemented for large employers and their  
            employees. SB 546 extends the transparency and reporting from  
            SB 1163 to the large group market and triggers prior approval  
            by a regulator for increases that hit a certain threshold to  








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            protect employers and workers from unjustified rate increases.

          2)ACA and large groups.  Not all of the ACA health insurance  
            reforms apply to issuers in the large group market.  According  
            to a 2014 Congressional Research Report on private market  
            reforms some key provisions of the ACA impacting the fully  
            insured large group market include guaranteed issue and  
            guaranteed renewability, no cost-sharing for preventive health  
            services, coverage of preexisting health conditions, limits  
            for annual out-of-pocket spending, and the prohibition on life  
            time and annual limits.  Large employers are required under  
            the ACA to issue notices about the new insurance market place,  
            and starting in 2015, large employers not offering affordable  
            coverage (or coverage that does not meet minimum value) may be  
            required to pay an assessment if at least one full-time  
            employee (average of at least 30 hours per week) receives a  
            premium tax credit to purchase coverage in an exchange.  There  
            are also reporting requirements on employers with 50 or more  
            full-time employees regarding health coverage offered and tax  
            and withholding requirements which may apply.  According to a  
            2013 Health Affairs Robert Wood Johnson Foundation Health  
            Policy Brief, a 40% excise tax will be assessed, beginning in  
            2018, on the cost of coverage for health plans that exceed a  
            certain annual limit ($10,200 for individual coverage and  
            $27,500 for family coverage) subject to adjustment based on  
            cost increases in the Federal Employees Health Benefits  
            Program.  Health insurance issuers and sponsors of self-funded  
            group health plans must pay the tax of 40% of any dollar  
            amount beyond the cap that is considered "excess" spending.  

          Prior Legislation
          
          SB 1182 (Leno, Chapter 577, Statutes of 2014) requires health  
          plans and insurers to share specified data with purchasers that  
          have 1,000 or more enrollees, insureds or that are multiemployer  
          trusts.

          SB 1163 (Leno, Chapter 661, Statutes of 2010) requires carriers  
          to submit detailed data and actuarial justification for small  
          group and individual market rate increases at least 60 days in  
          advance of increasing their customers' rates.









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          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes

          According to the Senate Appropriations Committee:

          1)One-time costs of $575,000 to develop and adopt regulations by  
            CDI (Insurance Fund).

          2)Ongoing costs of $1.1 million per year to review rate filing  
            information and conduct actuarial reviews of rate filing  
            information by CDI (Insurance Fund).
            
          3)Annual costs of $2.9 million in 2015-16 and $4.9 million per  
            year thereafter to development of regulations, review plan  
            filings, analyze actuarial information, conduct public  
            hearings, and respond to requests for information from the  
            public by the DMHC (Managed Care Fund).


          SUPPORT:   (Verified5/28/15)


          California Labor Federation (co-source)
          California Teamsters Public Affairs Council (co-source)
          UNITE HERE (co-source)
          American Federation of State, County, and Municipal Employees,  
          AFL-CIO
          California Conference Board of the Amalgamated Transit Union
          California Conference of Machinists
          California Federation of Teachers
          California Nurses Association
          California Pan-Ethnic Health Network
          California Professional Firefighters
          California Retired Teachers Association
          California School Employees Association
          California Teachers Association
          CALPIRG
          Campaign for a Healthy California
          Communications Workers of America, District 9, AFL-CIO
          Engineers and Scientists of California, IFPTE Local 20, AFL-CIO
          Gray Panthers of San Francisco
          Health Access California








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          International Longshore and Warehouse Union
          Laborers' International Union of North America Local 777
          Laborers' International Union of North America Local 792
          Professional and Technical Engineers, IFPTE Local 21, AFL-CIO
          SEIU California
          Utility Workers Union of America


          OPPOSITION:   (Verified5/28/15)


          Aetna
          America's Health Insurance Plans
          Anthem Blue Cross
          Association of California Life and Health Insurance Plans
          Blue Shield of California
          California Association of Health Plans
          California Association of Health Underwriters
          California Chamber of Commerce
          California Hospital Association
          Culver City Chamber of Commerce
          Family Business Association
          Fresno Chamber of Commerce
          Fullerton Chamber of Commerce
          Health Net
          Kaiser Permanente
          Orange County Business Council
          Rancho Cordova Chamber of Commerce
          Redondo Beach Chamber of Commerce and Visitors Bureau
          San Jose Silicon Valley Chamber
          Santa Maria Valley Chamber of Commerce Visitor and Convention  
          Bureau
          Simi Valley Chamber of Commerce
          South Bay Association of Chambers of Commerce
          Southwest California Legislative Council


          ARGUMENTS IN SUPPORT:     The California Labor Federation  
          cosponsors this bill to protect large employers and workers from  
          unjustified increases in the cost of their health benefits.  In  
          2018, the ACA imposes a tax of 40% on plans over a certain  
          threshold and in the first year alone, the excise tax is  








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          anticipated to hit 17% of the U.S. businesses, and 38% of large  
          employers.  Purchasers in California will be particularly hard  
          hit because the tax is based on national costs and California  
          premiums are now 5% to 15% more than the national average.   
          UNITE HERE, also a cosponsor, indicates real progress has been  
          made to help manage costs but it is not enough.  This bill will  
          for the first time explain how rates are established and trended  
          forward in the large purchaser market.  The insurance market  
          rules which apply to the individual and small employer markets  
          do not apply to large purchasers.  This bill builds on the  
          existing rate review infrastructure established under SB 1163  
          and is within the ACA.  Health Access California writes that  
          this bill will help consumers and purchasers understand how  
          rates are established and trended forward in the large group  
          market, factors used in setting rate and rate increases.


          ARGUMENTS IN OPPOSITION:     The California Association of  
          Health Plans (CAHP) writes that this bill increases  
          administrative, legal and state costs compounding affordability  
          problems and DMHC would need a sizeable number of additional  
          staff and resources to complete the overwhelming influx of new  
          work in a timely fashion.  CAHP adds that they removed their  
          opposition to SB 1182 last year and see no compelling reason to  
          now require large group rating information to state regulators.   
          America's Health Insurance Plans (AHIP) writes that this bill  
          fails to offer any solution to address the problem of rising  
          health care costs that threaten the affordability of health care  
          coverage in California.  AHIP points out that large group rates  
          are actively negotiated with the large group purchaser and  
          filing them 60 days in advance is nearly impossible because  
          rates are often adjusted during the negotiating process to  
          reflect benefit, network, or other changes that may be discussed  
          with the large group purchaser throughout the process.  The  
          California Chamber of Commerce (CalChamber) states this bill  
          "[t]hreatens employers with higher premiums and interferes with  
          their ability to negotiate with health plans by imposing  
          unnecessary and burdensome new reporting requirements on health  
          plans and insurers in the large group market. 'Job killer' tag  
          removed due to April 30 amendments eliminating authorization for  
          state regulators to veto or unilaterally alter large-group rate  
          changes, but CalChamber remains opposed."








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          Prepared by:Teri Boughton / HEALTH / 
          6/3/15 10:40:35


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