BILL ANALYSIS Ó SB 546 Page 1 Date of Hearing: August 19, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair SB 546 (Leno) - As Amended June 2, 2015 ----------------------------------------------------------------- |Policy |Health |Vote:|11 - 8 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 SB 546 Page 2 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: SB 546 Page 3 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 SB 546 Page 4 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. SB 546 Page 5 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 SB 546 Page 6 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, SB 546 Page 7 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 SB 546 Page 8 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