BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON HEALTH
                          Senator Ed Hernandez, O.D., Chair

          BILL NO:                    SB 908    
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          |AUTHOR:        |Hernandez                                      |
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          |VERSION:       |March 29, 2016                                 |
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          |HEARING DATE:  |April 6, 2016  |               |               |
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          |CONSULTANT:    |Teri Boughton                                  |
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           SUBJECT  :  Health care coverage: premium rate change: notice:  
          other health coverage

           SUMMARY  :  Requires health plans and health insurers to notify contract  
          holders in the individual and small group market if premium  
          rates have been determined unreasonable or unjustified.  Gives  
          contract holders the option of 60 additional days at the prior  
          rate to choose another health plan or health insurance policy  
          and specifies notification requirements that must be provided to  
          contract holders.
          
          Existing law:
          1)Establishes the Department of Managed Health Care (DMHC) to  
            regulate health care service plans (health plans) and the  
            California Department of Insurance (CDI) to regulate insurers,  
            including health insurers.

          2)Requires health plans and health insurers, for the small group  
            and individual markets, to file with DMHC and CDI, at least 60  
            days prior to implementing any rate change, specified rate  
            information so that the departments can review the information  
            for unreasonable rate increases.  

          3)Requires DMHC and CDI to accept and post to their Internet Web  
            sites any public comment on a rate increase submitted to the  
            departments during the 60-day period.

          4)Requires DMHC and CDI to report to the Legislature at least  
            quarterly on all unreasonable rate filings, and post on their  
            Internet Web sites any changes submitted by the insurer to the  
            proposed rate increase, including any documentation submitted  
            by the insurer supporting those changes.








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          5)Requires DMHC and CDI to post on their Internet Web sites any  
            decision that an unreasonable rate increase is not justified  
            or that a rate filing contains inaccurate information.

          6)Requires, pursuant to federal Centers for Medicare and  
            Medicaid Services (CMS) regulations, if a health insurance  
            issuer implements a rate increase determined to be  
            unreasonable, with the later of 10 business days after the  
            implementation of such increase or the health insurance  
            issuer's receipt of final determination that a rate increase  
            is an unreasonable rate increase, the health insurance issuer  
            to submit a final justification and prominently post it on its  
            Web site in a form and in a manner prescribed by the federal  
            Secretary of the Department of Health and Human Services for  
            at least three years.  CMS will also post the issuer's final  
            justification on the CMS Website for at least three years.


          This bill:
          1)Requires, for the small group market, if DMHC or CDI  
            determines a rate unreasonable or not justified, the health  
            plan or insurer to notify the contract holder of this  
            determination, and to offer the contract holder coverage of no  
            less than 60 days at the prior rate in order for the contract  
            holder to obtain other coverage, including coverage from  
            another health plan or insurer.  Requires the notification to  
            state the following in 14-point type:

            The DMHC/CDI has determined that the rate for this product is  
            not reasonable or not justified.  All health coverage offered  
            to employers like you is reviewed to determine whether the  
            rates are reasonable and justified.  For the next 60 days from  
            the date of this notice you have the option to obtain other  
            coverage from this health plan/insurer or another health  
            plan/insurer.  During this 60 day period, the prior rate shall  
            remain in effect.  For small business purchasers, you may  
            contact Covered California at  www.coveredca.com  for help in  
            obtaining coverage.

          2)Requires, in the individual market, if DMHC/CDI determines  
            that a rate is unreasonable or not justified, to notify the  
            contract holder of this determination and if the open  
            enrollment period has closed for the applicable rate year or  
            there are fewer than 60 days remaining in the open enrollment  
            period for the applicable rate year, the plan/insurer to offer  








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            the contract holder, coverage of no less than 60 days to  
            obtain other coverage.  Requires during the 60-day period, the  
            prior rate to remain in effect.

          3)Requires the notification to state the following in 14-point  
            type, for the individual market if it is prior to open  
            enrollment: 

          The DMHC/CDI has determined that the rate for this product is  
            not reasonable or not justified. All health coverage offered  
            to individuals like you is reviewed to determine whether the  
            rates are reasonable and justified. Open enrollment is from  
            (insert day of month and year) to (insert day of month and  
            year).  During that time, you have the option to obtain other  
            coverage from this health plan/insurer or another health  
            plan/insurer.  You may also contact Covered California at  
            www.coveredca.com for help in obtaining coverage.  Many  
            Californians are eligible for financial assistance from  
            Covered California to help pay for coverage.

          4)Requires the notification to state the following in 14-point  
            type, for the individual market if it is after open enrollment  
            or if there are less than 60 days remaining in the open  
            enrollment period:

            The DMHC/CDI has determined that the rate for this product is  
            not reasonable or not justified. All health coverage offered  
            to individuals like you is reviewed to determine whether the  
            rates are reasonable and justified. For the next 60 days from  
            the date of this notice you have the option to obtain other  
            coverage from this health plan or another health plan. During  
            this 60 day period the prior rate shall remain in effect. You  
            may also contact Covered California at www.coveredca.com for  
            help in obtaining coverage.  Many Californians are eligible  
            for financial assistance from Covered California to help pay  
            for coverage.

          5)Requires the notification to be provided to the solicitor or  
            insurance agent for the contract holder, if any, so that the  
            solicitor may assist the purchaser in finding other coverage.

          6)Requires, for individual market coverage, the notice to  
            constitute a trigger event for purposes of special enrollment  
            if the open enrollment period has closed for the applicable  
            rate year or there are fewer than 60 days remaining in the  








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            open enrollment period for the applicable rate year.
           FISCAL  
          EFFECT  :  This bill has not been analyzed by a fiscal committee.

           COMMENTS  :
          1)Author's statement.  According to the author, most health  
            plans and health insurers (carriers) do not receive  
            unreasonable rate determinations and many reduce or withdraw  
            their rates during the rate review process. However, some  
            carriers choose to move forward with unreasonable rates even  
            after the rate has been determined unreasonable by DMHC or  
            CDI.  In those cases, the departments issue press releases to  
            let the public know about the unreasonable rate determination.  
            But no one tells the individual consumer or the small business  
            owner who purchased the coverage if the rate has been found  
            unreasonable or unjustified.  This means consumers and small  
            business owners can be unwittingly locked into an unreasonable  
            rate because they are not aware that it is unreasonable. SB  
            908 will require a health plan or insurer whose rate has been  
            determined unreasonable to share that information with the  
            purchasers of that product or policy and allow those  
            purchasers to shop around for more reasonably priced coverage.  
            In a world where people are compelled to purchase health  
            insurance, we must empower consumers to make informed  
            decisions about the coverage they are choosing. 

          2)Rate Review in California. Under the Affordable Care Act (ACA)  
            and SB 1163 (Leno), Chapter 661, Statutes of 2010, carriers  
            must 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.  Rates  
            must be submitted to both the regulator and their customer's  
            at least 60 days in advance of the increase. CDI has  
            encouraged insurers to allow at least 120 days for CDI to  
            review rates. The carriers also must submit an analysis  
            performed by an independent actuary who is not employed by a  
            plan or insurer. Regulators do not have the authority to  
            modify or reject rate changes.  
          
          3)Rate Development.  For plans participating in Covered  
            California, the rate negotiation process with Covered  
            California typically begins in May of the year prior to the  
            applicable rate year. Preliminary rates are announced near the  
            end of the summer and final rates are published in the fall  
            prior to the open enrollment period. Small businesses are not  








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            subject to a uniform open enrollment period. Coverage can be  
            issued any time during the year.  In the small group market,  
            carrier contracts with the small business purchaser typically  
            cover a 12 month period and are guaranteed renewable but not  
            necessarily at the prior year's rate.
          
          4)Rate Review Report.  The California Public Interest Research  
            Group has published an analysis of implementation of  
            California's Health Insurance Rate Review: the First Five  
            Years.  This CALPIRG report indicates that health insurance  
            carriers have filed 565 proposed rate changes in the  
            individual and small group markets. Carriers have voluntarily  
            reduced or withdrawn 69 rate filings after beginning the rate  
            review process (12% of the total number of filings posted).  
            Regulators estimate that Californians have saved $417 million  
            dollars as a result of rate increases that were filed with the  
            regulator and subsequently reduced. Carriers pushed ahead  
            their rate increases despite regulators declaring them  
            unreasonable at least 26 times. Over the last five years, over  
            one million Californians have been subject to rate hikes that  
            were declared unreasonable but still went into effect.  Many  
            of the same companies have had multiple rate hikes declared  
            unreasonable.

          5)Prior legislation.  SB 546 (Leno), Chapter 801, Statutes of  
            2015, establishes weighted average rate increase disclosure  
            requirements for a health plan's or insurer's aggregated large  
            group market products and requires DMHC and CDI to conduct a  
            public meeting regarding large group rate changes, as  
            specified.
          
            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 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. 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  








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                       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.

            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.  

          6)Support.  Health Access California writes that today it is  
            challenging for an individual consumer or small business owner  
            to know that their health insurance rate has been found  
            unreasonable or unjustified.  This bill lets the market work  
            by informing individual consumers and small business owners if  
            the rate for their product is found unreasonable or  
            unjustified and giving them the opportunity to shop for other  
            coverage.
          The organization of SMUD Employees, San Diego County Court  
            Employees Association and the San Luis Obispo County Employees  
            Association write that each year, millions of individual  
            consumers and employers shop for coverage and have virtually  
            no way of knowing if the premium has been found unreasonable  
            or unjustified and no chance to shop for other coverage.  The  
            California Labor Federation writes that given the success of  
            California's rate review law, notification of consumers is a  
            logical next step to broaden the impact of the process and to  
            continue to discourage unreasonable and unjustified rate  
            hikes.
          CALPIRG writes that the experience of the program to date  
            suggests that some insurance carriers are not receptive to  
            regulators' requests for rate reductions when they find that  








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            the increases are not justified.  When that happened consumers  
            can become locked in to unreasonable policies without their  
            informed consent. Western Center on Law and Poverty believes  
            consumers and small business owners deserve to know if their  
            health plan is charging unreasonable or unjustified rates and  
            should have the option to switch plans.  The Asian Law  
            Alliance writes this bill would let the market work.
          
          7)Oppose.  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 believes this bill is  
            unnecessary because federal regulations have been promulgated  
            governing the obligation to disclose unreasonable rate  
            increases.  AHIP also believes there is no need for a special  
            enrollment period and that rates are being reviewed  
            surrounding the annual open enrollment period or a small  
            group's renewal period.  Anyone receiving the notice in this  
            bill would be able to choose a new plan at that time.  The  
            California Association of Health Plans (CAHP) believes this  
            bill will subject health plans to new administrative burdens  
            and inadvertently disrupt the health insurance market by  
            adding additional and overlapping enrollment options and rate  
            freezes.  CAHP also writes that the new notice requirement  
            fails to include a critical feature of federal regulations  
            which allows the health plan to explain its rationale for  
            moving forward with a rate. CAHP states that it is virtually  
            impossible to go back in time and change rates if the  
            regulator makes an unreasonable determination after the annual  
            open enrollment period.
          Blue Shield of California writes that this bill will cause  
            confusion for consumers and disruption in market segments that  
            are already working appropriately to inform customers of  
            premium charges. In the small group market, Blue Shield points  
            out that an employer can switch coverage at any time and the  
            notice in this bill does not provide any new benefit or  
            additional information that does not exist today.  Blue Shield  
            writes that neither the current rate review process nor this  
            bill creates a timeline for the regulator to make a  
            determination of whether a rate is reasonable or justified.  

           SUPPORT AND OPPOSITION  :
          Support:  Health Access California (sponsor)
                    American Cancer Society Cancer Action Network
                    American Federation of State, County and Municipal  








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                    Employees, AFL-CIO
                    Asian Law Alliance
                    California Labor Federation 
                    California Medical Association 
                    CALPIRG
                    Coalition of California Welfare Rights Organizations,  
                    Inc.
                    Consumers Union 
                    Los Angeles County Professional Peace Officers  
                    Association 
                    San Diego County Court Employees Association
                    San Luis Obispo County Employees Association 
                    The Organization of SMUD Employees
                    Western Center on Law and Poverty
                                     
          Oppose:   America's Health Insurance Plans
                    Association of California Life and Health Insurance  
                    Companies (unless amended)
                    Blue Shield of California (unless amended)
                    California Association of Health Plans 



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