BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 546


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          Date of Hearing:  July 7, 2015


                            ASSEMBLY COMMITTEE ON HEALTH


                                  Rob Bonta, Chair


          SB  
          546 (Leno) - As Amended June 2, 2015


          SENATE VOTE:  23-16


          SUBJECT:  Health care coverage: rate review.


          SUMMARY:  Establishes a rate review process for increases to  
          large group rates that meet specified thresholds, and requires  
          the Department of Managed Health Care (DMHC) and the California  
          Department of Insurance (CDI) to determine whether such large  
          group rate increases are reasonable or unreasonable.  Requires  
          health care service plans and health insurers (collectively  
          referred to as carriers) to file specified information regarding  
          rate changes aggregated for the entire large group market, and  
          DMHC and CDI to conduct a public meeting regarding aggregate  
          large group rate changes for each carrier that offers coverage  
          in the large group market. Specifically, this bill:  


          1)Requires large group carriers to include in a written notice  
            to purchasers of a change in premium rates or coverage the  
            following information:


             a)   The amount by which the rate change, as specified, is  
               greater than the average rate increase for individual  








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               market products approved by the California Health Benefits  
               Exchange (now Covered California) for the calendar year.


             b)   The amount by which the rate change, as specified, is  
               greater than the average rate increase approved by the  
               Board of Administration of the California Public Employees'  
               Retirement System (CalPERS) for the calendar year.


             c)   Whether the rate change would cause the carrier's plan  
               or policy to incur the excise tax.


          2)Amends existing law requiring rate review for large group  
            carriers to provide for review of aggregate large group rates  
            for each plan or policy.  Specifically:


             a)   Deletes existing requirements requiring carriers to file  
               with DMHC and CDI, respectively, large group plan and  
               policy contract rate information for unreasonable rate  
               increases.


             b)   Requires carriers to file with DMHC and CDI,  
               respectively, all required rate information for rate  
               changes aggregated for the entire large group market, on or  
               before October 1, 2016, and annually thereafter.


          3)Requires DMHC and CDI, after reviewing the aggregate rate  
            change information filed by the carriers, to conduct a public  
            meeting, between November 1, 2016 and March 1, 2017, and  
            annually thereafter between those same months, regarding large  
            group rate changes for each carrier that offers coverage in  
            the large group market.  










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          4)Requires DMHC and CDI to schedule the public meetings  
            referenced in 3) above in an order based on the number of  
            covered lives for the carrier in the large group market, with  
            the largest carrier first, and the smallest carrier last.


          5)Deletes some existing large group rate filing requirements,  
            and adds specified data to be disclosed by the carrier in its  
            large group aggregate rate filing, including:


             a)   Any factors affecting the rate, and the actuarial basis  
               for those factors, including:


                 i)       Geographic region;


                 ii)      Age, including age rating factors;


                 iii)     Occupation;


                 iv)      Industry;


                 v)       Health status, including health status factors  
                   considered;


                 vi)      Employee, employee and dependents, including a  
                   description of the family composition used;


                 vii)     Enrollee cost sharing;


                 viii)    Covered benefits in addition to basic health  








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                   care services, as defined, and other mandated benefits;  
                   and,


                 ix)      Any other factors that affect the rate that are  
                   not otherwise specified.


             b)   The plan or insurer's overall annual medical trend  
               factor assumptions in each rate filing for all benefits and  
               by aggregate benefit category, including hospital,  
               inpatient, hospital outpatient, physician services,  
               prescription drugs and other ancillary services,  
               laboratory, and radiology;


             c)   The amount of the projected trend attributable to the  
               use of services, price inflation, or fees and risk for  
               annual plan contract trends by aggregate benefit category,  
               such as hospital inpatient, hospital outpatient, physician  
               services, prescription drugs, laboratory, and radiology;


             d)   Specifies, with respect to the information required in  
               c) and d) above, that a plan that contracts with no more  
               than two medical groups in the state to provide or arrange  
               for medical services to enrollees (referring to Kaiser  
               Permanente) shall instead disclose the amount of its actual  
               trend experience for the prior contract year by aggregate  
               benefit category, using benefit categories that are the  
               same or similar to those used by other plans;


             e)   A comparison of claims cost and rate of changes over  
               time;


             f)   Changes in enrollee cost sharing and enrollee benefits  
               over the prior year associated with the submitted rate  








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               filing; and,


             g)   The average rate increase for the large group market  
               enrollees covered in the filing weighted by the number of  
               covered lives.


          6)Requires carriers to file with DMHC and CDI required rate  
            information at least 60 days prior to implementing any rate  
            increase, and concurrent with the notice to large group  
            purchasers in 1) above, if either of the following apply:


             a)   The rate increase is greater than 150% of the carrier's  
               average large group rate increase; or,


             b)   The rate increase would cause the plan or policy to  
               incur the excise tax, as specified.


          7)Requires carriers to disclose specified information for each  
            rate filing in 6) above, including:


             a)   Basic information about the plan or insurer and the  
               product for which the filing is being made such as, company  
               name, number of plan contract forms covered by the filing,  
               product type (e.g., preferred provider organization or  
               health maintenance organization), whether the products are  
               open or closed, and enrollment in each plan contract and  
               rating form; 


             b)   Information regarding the basis for the rate  
               development, including geographic region, age, occupation,  
               industry, health status, employees, dependents, enrollee  
               cost sharing, and covered benefits in addition to basic  








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               health services, as defined; and,


             c)   Information about the basis of the rate change,  
               including annual rate, total earned premiums in each plan  
               contract, total incurred claims in each plan contract,  
               average rate increase initially requested, average rate of  
               increase, effective date of increase, number of subscribers  
               or enrollees affected by each rate filing, overall annual  
               medical trend, projected trend attributable to specified  
               factors, a comparison of claims cost and rate of changes  
               over time, changes in administrative costs, and cost  
               containment and quality improvement efforts since the  
               plan's last rate filing for the same category.


          8)Requires DMHC and CDI to, within 60 days after receiving  
            complete information from the plan or insurer, complete its  
            review and finalize a decision as to whether the rate is  
            reasonable or unreasonable.


          9)Authorizes DMHC and CDI to require carriers to submit rate  
            filings to the National Association of Insurance  
            Commissioner's System for Electronic Rate and Form Filing,  
            deeming such filings as filed with the departments; and,  
            requires carriers to submit any other information as required  
            by the Patient Protection and Affordable Care Act (ACA) or  
            pursuant to any regulation adopted by DMHC and CDI.


          EXISTING LAW:  


          1)Establishes the Knox-Keene Health Care Service Plan Act of  
            1975, the body of law governing plans in the state, and  
            provides for the licensure and regulation of plans by DMHC.

          2)Provides for the regulation of health insurers, and health  








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            insurance agents and brokers, by CDI.

          3)Prohibits a change in premium rates or coverage stated in a  
            group plan or policy contract from becoming effective unless  
            the plan has delivered written notice to purchasers indicating  
            the change at least 60 days prior to the contract renewal  
            effective date.

          4)Requires health plans and health insurers for the large group  
            market to file with DMHC and 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 ACA.  These provisions  
            have never been implemented.

          5)Requires plans and insurers to provide, on an annual basis,  
            de-identified claims data at no charge to a large group  
            purchaser upon request, if the purchaser is able to  
            demonstrate its ability to comply with state and federal  
            privacy laws and is either an employer with enrollment of  
            greater than 1,000 covered lives (at least 500 of which are  
            enrolled with the health plan or insurer) or a multiemployer  
            trust with enrollment of greater than 500 lives (at least 250  
            of which are enrolled with the health plan or insurer). 

          6)Requires a health plan or insurer as an alternative to  
            providing claims data pursuant to 2) above, to provide:

             a)   De-identified aggregated data sufficient for the  
               purchaser to compare costs of similar services from other  
               plans or insurers; and, 

             b)   De-identified aggregated patient level data that  
               includes demographics and encounter data, including data  
               used to experience rate the group, as specified.

          7)Requires the health plan or insurer to obtain a formal  
            determination from a qualified statistician that the claims or  
            shared data do not provide a reasonable basis from which to  








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            identify an individual.

          8)Requires individual and small group health plan contracts to  
            be filed with regulators at least 60 days prior to  
            implementing any rate change, including disclosures such as  
            average rate increases initially requested, average rate  
            increases, and effective date of the rate increase.   
            Authorizes a plan or insurer to provide aggregated additional  
            data that demonstrates, or reasonably estimates, year-to-year  
            cost increases in specific benefit categories in major  
            geographic regions, as specified.



          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, this bill, as amended April 30, 2015, would result  
          in:


          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 develop regulations, review plan filings,  
            analyze actuarial information, conduct public hearings, and  
            respond to requests for information from the public by DMHC  
            (Managed Care Fund).














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          COMMENTS:


          1)PURPOSE OF THIS BILL.  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.  The author  
            states that in 2018, the ACA imposes a tax of 40% on plans  
            with costs over a certain threshold, and purchasers in  
            California will be particularly hit hard because the tax is  
            based on national costs and California premiums are now 5% to  
            15% higher than the national average.  In order to preserve  
            employer sponsored insurance, more needs to be done to contain  
            costs.  The author cites SB 1163 (Leno), Chapter 661, Statutes  
            of 2010, which requires 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.  The author states that  
            the same protections have not been implemented for large  
            employers and their employees, and this bill will extend the  
            transparency and reporting requirements from SB 1163 to the  
            large group market.


          2)BACKGROUND.



             a)   Rate Review in the individual and small group markets.   
               As a cost-control measure, the ACA established a process  
               for the identification, disclosure, justification, and  
               annual review of unreasonable premium increases for health  
               insurance coverage in the individual and small group  
               markets, beginning with the 2010 plan year.  Federal  
               regulations provide that carriers in individual and small  
               group markets must report specified rate increase  








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               information, and that rate increases of 10% or more are  
               subject to review by state regulators or the federal  
               government for states that do not have the resources or  
               authority to review rates.  Federal regulations allow the  
               10% threshold to be replaced by state-specific thresholds  
               that reflect the insurance and health care costs trends in  
               each state.


             According to an October 2012 report by the Kaiser Family  
               Foundation, 44 states (including California) and the  
               District of Columbia have rate review programs that have  
               been deemed by the federal Department of Health and Human  
               Services to be effective in at least one insurance market,  
               meaning they have authority to determine the reasonableness  
               of a rate increase, they have a transparent process for  
               making the information publically available and they allow  
               public comment on the proposed rate change.  

             California's rate review process is established by SB 1163,  
               and requires carriers to submit to DMHC or CDI, specified  
               rate information at least 60 days in prior to implementing  
               any rate change.  Some of the significant information plans  
               and insurers must submit in their rate filings, includes,  
               but is not limited to: 


               i)     Annual rate and average rate of the increase; 


               ii)    Number of people affected by the filing; 


               iii)   Total earned premiums and incurred claims; 


               iv)    Overall annual medical trend factor assumptions by  
                 annual benefit category;









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               v)     Amount of the projected trend attributable to the  
                 use of services, price inflation, or fees and risk for  
                 contract trends by annual benefit category; 


               vi)       A comparison of claims cost and rate of changes  
                 over time; and,


               vii)   Any changes in enrollee cost-sharing associate with  
                 the filing. Additionally, the current rate review process  
                 requires that the rate filing be actuarially sound and  
                 requires a certification by an independent actuary or  
                 actuarial firm that the rate increase is reasonable and  
                 that the justification for the increase is based on  
                 accurate and sound actuarial assumptions and  
                 methodologies.




          Although DMHC and CDI may determine a rate is unreasonable,  
          neither has the authority to approve or disapprove of the rate.   
          However, during the rate review process, and in response to  
          potential or actual findings that a proposed rate is not  
          reasonable, some carriers reduce the rate.  For example,  
          according to a quarterly report to the Legislature by DMHC,  
          between October 1, 2014 and December 31, 2014, DMHC reviewed six  
          premium rate filings, and determined one rate filing was  
          unreasonable.  The carrier initially required a 12-month rate  
          increase average 15.2%.  After review by, and discussions with  
          DMHC, the carrier agreed to lower the rate to 12.9% resulting in  
          a total savings of approximately $35 million.  In the previous  
          quarter, after review and discussion with DMHC, another carrier  
          agreed to reduce its proposed rate from 9.9% to 2.7%, resulting  
          in over $8.6 million.  CDI also demonstrates rate reductions by  
          carriers following its rate review and determination.  Both DMHC  
          and CDI post their findings on their respective websites.








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          An April 2014 review of California's rate review process in the  
          first three years conducted by the California Public Interest  
          Research Group (CALPIRG) found that: Health insurance carriers  
          have filed 369 proposed rate changes in the individual and small  
          group markets.  As a result of objections raised in the rate  
          review process, carriers have voluntarily reduced or withdrawn  
          44 rate hikes.  At least 14 times, health insurance carriers  
          have moved forward with rate increases that regulators found  
          unreasonable.  Rate review has saved California consumers and  
          small businesses $349 million in health insurance premiums since  
          2011, according to estimates by state regulators.  An estimated  
          1.3 million Californians benefited from reduced or withdrawn  
          rate increases on average in each of the first three full years  
          of rate review.  An estimated 923,237 Californians have been  
          subject to rate hikes that were declared unreasonable but still  
          went into effect.


             b)   Rate review in the large group market.  For large group  
               contracts, SB 1163 requires carriers to file with DMHC or  
               CDI, at least 60 days prior to implementing any rate  
               change, all required information for unreasonable rate  
               increases.  Carriers are also required to submit all  
               information required by the ACA, and to disclose specified  
               aggregate data related to such rate filings.  However, the  
               rate review provisions in the ACA have not been applied to  
               the large group market as the federal government has not  
               issued regulations specifying what constitutes an  
               unreasonable rate increase in the large group market.   
               Further, DMHC and CDI have not adopted regulations to  
               establish rate review for the large group market in  
               California.  As such, large group rate review has not been  
               implemented in California. 



             c)   Claims data.  In order to increase transparency with  
               regard to rate increases for large purchasers, state law  








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               requires carriers to provide at no charge, upon request,  
               specified de-identified claims data or equivalent cost  
               information to any large group purchaser that is an  
               employer-sponsored plan with more than 1,000 covered lives  
               or a multiemployer trust, and that demonstrates its ability  
               to comply with applicable privacy laws.  If claims data is  
               not available, carriers are required to provide  
               de-identified aggregated data sufficient for the purchaser  
               to compare costs of similar services from other carriers,  
               and de-identified aggregated patient level data that  
               includes demographics and encounter data, including data  
               used to rate the group based on claims experience.  



             d)   Excise Tax.  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), as specified.  Health insurance issuers  
               and sponsors of self-funded group health plans must pay the  
               tax of 40% of any dollar amount beyond the caps that is  
               considered "excess" spending.  The premium includes both  
               the portion paid by the employer and the employee  
               contribution.  The excise tax is also referred to as the  
               "Cadillac" tax.


             In a report commissioned by the National Education  
               Association (NEA), Milliman indicates that there are  
               several quantifiable elements of premium determination,  
               including plan members' geographical location, the industry  
               in which they work, their age and gender, and the number of  
               people in the health insurance group in which they  
               participate, that can increase premiums in addition to the  
               level of benefits.  While the ACA, which established the  
               Cadillac tax to target high benefit plans and help fund  
               components of the ACA, attempted to address the impact of  








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               age and gender, Milliman found that age and gender remain  
               as factors that impact the excise tax.  NEA points out that  
               a gold-level plan in San Francisco would be 37% higher than  
                                                                     the exact same plan's premium if it were in Huntington,  
               West Virginia.


             e)   CalPERS Rate Negotiation Process.  CalPERS is the  
               largest health plan purchaser in California, the second  
               largest in the nation.  In 2013, the CalPERS health program  
               spent $7.51 billion to cover 1.4 million active and retired  
               members and their dependents.  From 2003 to 2015 basic  
               health plan rate increases overall have been reduced from a  
               24.1% increase in 2003 to a 3.3% increase in 2015, which  
               includes rate increase reductions from 25.9% to 3.9% for  
               HMOs, from 19.9% to 0.6% for PPOs, and from 20.8% to 5.6%  
               for Association plans.


             Beginning every January, CalPERS requests its participating  
               health plans prepare utilization assumptions and develop  
               premium rate proposals for the following calendar year.   
               Proposals are based on two years of actual data and one  
               year of projected data.  CalPERS staff develops independent  
               rate forecasts based on underlying factors and trends  
               identified from the data, and engages an independent  
               consultant to develop additional rate projections.  CalPERS  
               then compares its rate projections to the preliminary rates  
               submitted by the health plans.  Through a negotiation  
               period between January and June, rates are refined and  
               typically decreased based on these comparisons and more  
               recent experiential claims data.  Premium rates are  
               approved at the June meeting of the CalPERS board.  The  
               average rate increase for plan year 2014 was 3.03% and for  
               2015 was 3.85%.


             f)   Covered California Rates.  According to Covered  
               California, the state's health benefits exchange, its role  








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               as an active purchaser brings in low rate increases while  
               maintaining high quality.  Covered California negotiates  
               with carriers to keep rate increases to a minimum.  The  
               average weighted statewide rate increase for Covered  
               California plans was 4.2% from 2014 to 2015. 


             g)   Health care costs.  For many years, health spending  
               growth has outpaced inflation. The United States spends a  
               larger share of its gross domestic product (GDP) on health  
               care than any other major industrialized country.  
               Expenditures on health care represent 17% of the nation's  
               GDP.  In 1960, health care expenditures accounted for about  
               5% of the GDP.  By 2019, the federal Centers for Medicare  
               and Medicaid Services project health care expenditures will  
               account for 19% of GDP. 


             As costs have risen, health care coverage has become less  
               affordable.  According to the 2014 California Employer  
               Health Benefits Survey published by the California  
               HealthCare Foundation, health coverage premiums in  
               California have risen 185% since 2002, more than five times  
               the state's inflation rate.  The survey also indicated that  
               one in four California employers reported that they reduced  
               benefits or increased employee cost sharing in the last  
               year due to rising health care costs.

             According to the Kaiser Family Foundation/Health Research and  
               Education Trust 2014 Employer Health Benefits Survey,  
               average annual premiums for employer-sponsored family  
               health coverage reached $16,834 in 2014, up 3% from 2013.   
               Premiums increased more slowly over the past five years  
               than the preceding five years and well below annual  
               double-digit increase recorded in the late 1990s and early  
               2000s.  Cumulative health insurance premiums from 1999 to  
               2014 have increased 191% compared to a 212% increase in  
               workers' contribution to premiums, a 54% increase in  
               workers' earnings, and a 43% inflation during this same  








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               period of time.

             According to the National Business Group on Health, projected  
               health costs were expected to rise 6.8% in 2015, but after  
               accounting for likely changes in benefit design, a net  
               growth rate of health benefit costs was expected to be  
               4.8%.


             h)   Proposition 45.  On November 4, 2014, California voters  
               considered the Insurance Rate Public Justification and  
               Accountability Act (Proposition 45), which would have  
               required health insurance rate changes in the small group  
               and individual market to be approved by the CDI  
               Commissioner before taking effect.  Among other things,  
               Proposition 45 would have required a sworn statement by  
               health insurers as to accuracy of information submitted to  
               the CDI Commissioner to justify rate changes and provided  
               for public notice, disclosure and hearing on health  
               insurance rate changes, as well as subsequent judicial  
               review.  Proposition 45 was based on Proposition 103  
               (approved by voters in 1988), which prohibits rates for  
               certain types of insurance, including automobile and  
               homeowner's insurance, from being excessive, inadequate, or  
               unfairly discriminatory. The CDI Commissioner must approve  
               proposed rates before such rates take effect and may hold  
               public hearings on proposed rates. A consumer or a consumer  
               representative can challenge proposed rates and request  
               hearings. Hearings must be granted when proposed rate  
               changes exceed certain percentages.  Proposition 45 failed  
               passage with 41.1% of California voters voting in support  
               and 58.9% voting in opposition.



          3)SUPPORT.  This bill is sponsored by the California Labor  
            Federation (CLF), California Teamsters Public Affairs  
            Organization, and UNITE HERE, and is supported by labor  
            organizations and consumer advocates.  Sponsors and supporters  








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            argue that health insurance premiums for employer-sponsored  
            coverage in California climbed 180% between 2002 and 2014,  
            outpacing a 33% rise in overall inflation.  The individual and  
            small group markets in California have benefited from rate  
            review which has reduced their costs by hundreds of millions  
            of dollars.  However, large group purchasers do not know what  
            factors are used in establishing rates in the large group  
            market or developing rate increases, and large group rates  
            continue to rise.  Supporters assert that, whereas large group  
            purchasers previously obtained lower prices due the massive  
            numbers of covered lives, they are now seeing higher rates to  
            make up for reduced costs in the individual and small group  
            due to rate review in those markets.


          Supporters argue that getting more information on rate setting  
            in this market is the next logical step in controlling and  
            reducing health care costs.  Supporters state that this bill  
            will help consumers and large purchasers understand how rates  
            are established and trended forward in the large group market  
            by collecting information about large group rates on an  
            aggregate basis.  Further, by requiring rate filings for rate  
            increase that meet certain triggers, this bill will give the  
            same benefit of rate review to large purchasers as those in  
            the small and individual markets, and provide tools to ensure  
            that health plan premiums are reasonable and justified.  CLF  
            adds that this bill is urgently needed because of the looming  
            excise tax which will increase pressure on large purchasers to  
            contain costs to stay under the taxation thresholds.


          4)SUPPORT IF AMENDED.  CalPERS would support this bill if  
            amended to exempt CalPERS from its rate review provisions.   
            CalPERS states that the provisions of this bill could be  
            viewed as promoting additional transparency and  
            accountability, and rate increases proposed by the plans that  
            provide products to CalPERS could be subject to review.   
            However, the review would take place after the time the  
            CalPERS Board has negotiated and adopted rates.  As such,  








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            CalPERS states that a determination as to whether rates are  
            reasonable or unreasonable would not be helpful to CalPERS  
            rate setting process, nor would the timing allow for any  
            adjustments without interrupting the open enrollment process.


          5)OPPOSITION.  Carriers state that this bill creates a new and  
            expensive regulatory structure on large group health plan  
            rate, and mandates health plans to submit thousands of large  
            group plans and policies to DMHC and CDI for rate review.   
            They argue that large purchasers are able to choose among  
            plans and benefit designs that meet their needs and price  
            points, and that this bill unnecessarily authorizes the state  
            to judge agreed upon rates as unreasonable.  Further, large  
            group rates are actively negotiated with large group  
            purchasers, and filing rates 60 days prior is nearly  
            impossible, because rates are often adjusted during the  
            negotiating process to reflect benefit, network, or other  
            changes.  Carriers state that they agreed to legislation last  
            year requiring carriers to provide claims data to large  
            purchasers in order to aid them in their negotiations with  
            plans, and there is no reason to now require large group rates  
            to be subject to rate review or require plans to send  
            voluminous amounts of large group rating information to state  
            regulators.  Carriers contend that the volume of large filings  
            would be overwhelming; that this bill will drive up state  
            costs and premiums by expanding DMHC and CDI workload; that  
            the burden and expense of this proposal may drive more large  
            employers to self-insure; and, that the bill does nothing to  
            address underlying causes of increasing health care costs.   
            Carriers state that this bill would require a public hearing  
            for each aggregate rate filing, even though such filings do  
            not warrant such extreme oversight, and that requirements for  
            aggregate filings will yield no value in the large group  
            market given that each large group is unique in its rates and  
            benefits making an aggregate-level comparison meaningless.











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          The California Chamber of Commerce and other business and  
            commerce organizations state that expanding rate review to the  
            large group is not necessary, and will impose unnecessary  
            administrative burdens on carriers that will ultimately be  
            paid by large employers through higher premiums.  Further, the  
            bill's usefulness in controlling premiums is limited,  
            particularly in the large group market where employers have  
            significant bargaining strength and the ability to design  
            their benefit offerings to control premium costs and  
            cost-sharing by employees.
          6)RELATED LEGISLATION.  


             a)   SB 26 (Ed Hernandez), requires the Secretary of Health  
               and Human Services to, no later than January 1, 2017, use a  
               competitive process to contract with one or more private,  
               independent, nonprofit organizations in order to establish  
               the California Health Care Cost and Quality Database.  SB  
               26 was held in the Senate Appropriations Committee.


             b)   SB 1027 (Gatto) requires a plan or insurer to disclose  
               to consumers information regarding the contracted rate for  
               a procedure or a full course of treatment between the plan  
               or insurer and a provider.  SB 1027 is a two-year bill in  
               the Assembly Health Committee.


          7)PREVIOUS LEGISLATION. 


             a)   SB 1182 (Leno), Chapter 577, Statutes of 2014, requires  
               health plans and insurers to share de-identified claims  
               data with purchasers that have 1,000 or more enrollees,  
               insureds or that are multiemployer trusts.  
                 
             b)   SB 746 (Leno), of 2013, would have established new data  
               reporting requirements on all health plans and insurers  
               applicable to products sold in the large group market and  








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               would have established new specific data reporting  
               requirements related to annual medical trend factors by  
               service category, as well as claims data or de-identified  
               patient-level data, as specified, for a health plan that  
               exclusively contracts with no more than two medical groups  
               in the state to provide or arrange for professional medical  
               services for the enrollees of the plan (referring to Kaiser  
               Permanente).  SB 746 was vetoed by the Governor.  In his  
               veto message, the Governor stated:

                 "This bill would require all health plans and  
                 insurers to disclose every year broad data relating  
                 to services used by large employer groups, including  
                 aggregate rate increases by benefit category. The  
                 bill also requires that one health plan additionally  
                 provide anonymous claims data or patient level data  
                 upon request and without charge to large purchasers.

                 I support efforts to make health care costs more  
                 transparent, and my administration is moving forward  
                 to establish transparency programs that will cover  
                 all health plans and systems.

                 I urge all parties to work together in this effort.  
                 If these voluntary efforts fail, I will seriously  
                 consider stronger actions."

             c)   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.   
               Requires rate filings, in the case of large group  
               contracts for unreasonable rate increases as defined  
               in the ACA, prior to implementing any such rate  
               change.

             d)   AB 52 (Feuer), of 2010, would have prohibited health  
               plans and health insurers from implementing a rate for a  








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               new product or instituting a rate change unless it submits  
               an application to DMHC or CDI that is approved.  The  
               Director of DMHC and the Insurance Commissioner would have  
               the authority approve, deny, or modify any proposed rate or  
               rate change.  AB 52 was never taken up for a vote on the  
               Senate Floor.

             e)   AB 2578 (Jones), of 2010, would have required health  
               plans and insurers to file a complete rate application with  
               DMHC and CDI for a rate increase that would have become  
               effective on or after January 1, 2012, and would have  
               prohibited a health plan or health insurer premium rate  
               (defined to include premiums, co-payments, coinsurance  
               obligations, deductibles, and other charges) from being  
               approved or remaining in effect that is excessive,  
               inadequate, unfairly discriminatory, or otherwise in  
               violation of the provisions of the bill.  AB 2578 failed  
               passage on the Senate Floor.


             f)   SB 425 (Ortiz), of 2006, would have required carriers to  
               obtain prior approval for a rate increase, defined in a  
               similar manner to rates under AB 1218 of 2009.  SB 425 did  
               not have a hearing, at the author's request, and died in  
               the Senate Health Committee.


             g)   SB 26 (Figueroa), of 2004, would have required carriers  
               to obtain prior approval of rate increases from DMHC and  
               CDI, as specified, and would have potentially required  
               significant refunds of premiums previously collected.  SB  
               26 died in the Senate Insurance Committee. 


          8)POLICY COMMENTS.  By increasing transparency with regard to  
            the way carriers devise large group rates, and by requiring  
            active rate review by regulators, this bill aims to help large  
            group purchasers more effectively bargain with carriers and to  
            contain costs in the large group market.  Similar reviews in  








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            the individual and small group markets appear to have achieved  
            their intended goals of increasing transparency and reducing  
            rates.  However, given the differences between the large group  
            market and individual and small group markets with respect to  
            the number and variety of large group products and how those  
            products are negotiated and purchased, the committee should  
            consider the following potential issues.


             a)   Volume of large group rates subject to review is  
               unknown.  In 2014, DMHC reviewed 38 rate individual and  
               small group rate filings, and CDI reviewed 41 filings in  
               those same markets.  It is unknown how many large group  
               rate reviews DMHC and CDI would have to perform under this  
               bill, but it is estimated by some that the number could  
               reach well into thousands.  To add context, Aetna reports  
               that it would be required to file over 1,700 large group  
               rates for review under this bill.  CAHP, based on feedback  
               from a limited number of plans, states that the rate review  
               trigger of 150% of the carrier's average large group rate  
               increase would result in 3200 filings to the state, and it  
               is unknown how many filings would be required under the  
               excise tax trigger considering the excise tax will not go  
               into effect until 2018.  At the time of the writing of this  
               analysis, committee staff did not have formal estimates  
               from CDI or DMHC of the number of filings that would be  
               reviewed.  


          9)Bill would require numerous public meetings, and may not offer  
            sufficient time for regulators to review the largest plans.   
            This bill would require DMHC and CDI to hold a public meeting  
            to review aggregate large group filings for each large group  
            carrier on an annual basis between the months of November and  
            March.  Under this bill, CDI could be required to hold up to  
            25 public meetings, and DMHC may be required to hold  
            approximately 20 meetings.  It is possible that the regulators  
            could consolidate more than one meeting into a day.  The  
            author and sponsors assert that these meetings will offer the  








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            public an opportunity to better understand how large group  
            rates are devised, as well a chance to provide input and  
            feedback in an open forum about the tangible impacts of large  
            group rates and rate increases. 



          Additionally, the bill would require CDI and DMHC to schedule  
            the public meetings based on the number of covered lives with  
            the largest plan first and the smallest plan last.  Under  
            these scheduling requirements, the regulators would have the  
            least amount of time to review and set a public meeting on the  
            largest aggregate large group filings.  The author may wish to  
            amend the bill to provide more flexibility to the departments  
            in scheduling the public meetings in order to allow more time  
            if needed for review of the larger aggregate rate filings.
          10)Timing of rate review determinations is unclear.  Unlike  
            rates in the individual and small group markets, rates for  
            large group products are subject to negotiation between  
            carriers and purchasers.  Existing law requires carriers to  
            provide a purchaser with 60 days of notice of any change to a  
            rate.  Under this bill, the carrier would be required to  
            simultaneously file the same rate change with its respective  
            regulator if the change resulted in a rate increase that met  
            the specified triggers in the bill.  It is unclear if the  
            purchaser and the carrier may negotiate during the 60-day  
            period after the filing was submitted.  If so, the rate could  
            change before the regulator completes its review, rendering  
            the regulator's review to a rate that may not be used.  If the  
            carrier and the purchaser finalize the contract prior to the  
            completion of the rate review, it is unclear whether or not  
            the purchaser could use the findings of the regulator to its  
            advantage as intended.



          To address similar timing issues with respect to rate review in  
            the individual and small group markets, CDI implemented  
            voluntary guidelines for insurers to submit individual and  








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            small group rate filings 120 days in advance of a rate change,  
            in order to allow sufficient time for the rate review to have  
            an impact on policyholders.
          REGISTERED SUPPORT / OPPOSITION:





          Support


          California Labor Federation (cosponsor)


          California Teamsters Public Affairs Council (cosponsor)


          UNITE HERE (cosponsor)


          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


          CALPIRG


          California Nurses Association









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          California Pan-Ethnic Health Network


          California Professional Firefighters


          California Retired Teachers Association


          California School Employees Association


          California Teachers Association


          Communications Workers of America, District 9, ALF-CIO


          Engineers and Scientists of California, IFPTE Local 20, AFL-CIO


          Fairmont Hotel San Jose


          Federated Indians of Graton Rancheria


          Health Access California


          International Longshore and Warehouse Union


          LIUNA Local 777 


          LIUNA Local 792









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                                                                    Page  26






          Northern California District Council - International Longshore  
                                  and Warehouse Union


          Northern California International Longshore and Warehouse Union  
          Pensioners Association


          Oasis West Realty


          Professional and Technical Engineers, IFPTE Local 21, AFL-CIO


          Retired Public Employees Association 


          SEIU California


          State Building and Construction Trades Council of California


          United Auburn Indian Community


          United Nurses Associations of California/Union of Health Care  
          Professionals


          Utility Workers Union of America





          Opposition









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          Aetna


          America's Health Insurance Plans 


          Association of California Life and Health Insurance Companies


          Blue Shield of California


          California Association of Health Plans


          California Association of Health Underwriters


          California Chamber of Commerce


          Culver City Chamber of Commerce


          Family Business Association


          Fresno Chamber of Commerce


          Fullerton Chamber of Commerce


          Health Net


          Kaiser Permanente









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                                                                    Page  28






          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


          Torrance Chamber of Commerce





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













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