BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  August 19, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


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


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:


          This bill requires additional data collection and review of  
          health insurance rates in the large-group market (generally  
          comprised of purchasers who are large employers or  








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          multi-employer trusts).  Specifically, this bill:


          1)Establishes a rate review process for increases to large-group  
            rates that meet specified thresholds (a rate greater than 150%  
            of the aggregate increase for all that plan's rates, or a rate  
            that will subject the product to a federal excise tax).  It  
            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.  


          2)Modifies aggregated information plans and insurers must file  
            regarding rate changes in the large-group market. 


          3)Requires DMHC and CDI to conduct a public meeting between  
            November and March each year, regarding aggregate rate changes  
            for each carrier that offers coverage in the large-group  
            market.


          4)Stipulates requirements for specified notices to large-group  
            purchasers about rate increases. 


          FISCAL EFFECT:


          $3.7 million annually to DMHC (Managed Care Fund), and $900,000  
          to CDI (Insurance Fund), to assess rate filing requests, and to  
          ensure compliance. First-year costs are projected to be slightly  
          lower than this because of the half-year of implementation in  
          fiscal year 2015-16, and 2016-17 costs are slightly higher due  
          to one-time activities such as issuance of regulations.


          COMMENTS:








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          1)Purpose. 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.  In order to preserve  
            employer-sponsored insurance, the author contends, 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)   Federal Health Insurance Excise Tax.  The Patient  
               Protection and Affordable Care Act (ACA) established a 40%  
               excise tax 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).   
               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.  The policy rationale of the tax  
               is to discourage too-rich benefit plans that insulate  
               workers from the high cost of care and encourage the  
               overuse of care. Opponents of the tax, including plans and  
               insurers, employers, and labor, have maintained the tax  
               unfairly burdens lower-income union workers who have  
               sometimes chosen to bargain for richer health benefits in  








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               lieu of higher wages.


             b)   Rate Review in the individual and small group markets.  
               Federal regulations provide that carriers in individual and  
               small group markets must report specified rate increase  
               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. California's rate review process  
               is established by SB 1163 (Leno), Chapter 661, Statutes of  
               2010, and requires carriers to submit to DMHC or CDI,  
               specified rate information at least 60 days prior to  
               implementing any rate change. 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.


          3)Support. This bill is supported by numerous labor unions and  
            is sponsored by the California Labor Federation (Cal Fed),  
            California Teamsters Public Affairs Council, and UNITE HERE.   
            Supporters note the urgency of containing rising costs in the  
            large-group market, and the importance of ensuring plans and  
            insurers are not passing on excessive costs to their  
            large-group customers, who, unlike the small-group and  
            individual markets, do not have the benefit of rate review.   
            They state that this bill will help consumers and large  
            purchasers understand how rates are established in the  
            large-group market.  Cal Fed adds 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)Opposition. Health plans and insurers, and business groups  
            such as the California Chamber of Commerce, oppose this bill.  








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            Plans and insurers contend the volume of 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.  Business  
            groups question the effectiveness of this bill in reducing  
            health care costs and the administrative burden imposed by the  
            proposed requirements. 


          5)Prior Legislation. Numerous attempts to implement rate review  
            in the large-group market are noted below: 


             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.  Previous  
               versions of SB 1182 contained provisions similar to that in  
               this bill.
                 
             b)   SB 746 (Leno), of 2013, established new data reporting  
               requirements on all health plans and insurers applicable to  
               products sold in the large-group market and 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, 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  








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                 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."

               Although some stakeholder discusssion and planning  
               efforts have taekn place, the administration has not  
               proposed sucha a transparency program. 

             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, required rate review and  
               approval for proposed rates 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,  








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               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. 


          6)Comments.  One of the thresholds for is a rate increase that  
            is greater than 150% of the average aggregate rate increase  
            for a single plan.  This may not be the optimal definition of  
            a threshold to meet the stated goals. First, the timing  
            associated with related filing requirements may be  
            problematic.  The average aggregate rate increase, which is an  
            average over all product lines, is required to be reported by  
            Oct. 1 of a given year.  However, the plan is also supposed to  
            submit a filing for any rate increases that meets one of the  
            thresholds, at least 60 days prior to the proposed rate  
            increase.  If a large-group client has an open enrollment  
            period that begins October 1, for example, a rate filing that  
            meets the "150% of average" threshold must be submitted to the  
            department for review by August 1.    It may be impossible for  
            a plan to know which proposed rate increases meet the "150% of  
            average" threshold in July, when they would need to prepare a  
            rate filing for DMHC by August 1.  


            Also, if there was a low-growth year followed by a high-growth  








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            year, most proposed rate increases could meet the threshold.   
            On the other hand, if there was a high-growth year overall  
            followed by a low-growth year, very few may meet the threshold  
            and even outliers not meet it.  


            In addition, if a single health plan charges rates that are  
            high across the board, they may not be reviewed, as the "150%"  
            threshold is only met by comparison to the aggregate for that  
            plan.  For example, if the average aggregate for Blue Shield  
            was 12%, only rate increases above 18% would be reviewed.  On  
            the other hand, if another plan's average was 4%, then rate  
            increases above 6% would be subject to review.  If the goal is  
            to review rates that are unreasonably high, this bill may not  
            accomplish this. 


            Although the timing issues could likely be clarified by  
            regulation, it may be simpler to identify a standard  
            threshold, such as 150% of an annual medical consumer price  
            index projection for a given year.  


          Analysis Prepared by:Lisa Murawski / APPR. / (916)  
          319-2081