BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  August 3, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          SB 908  
          (Hernandez) - As Amended June 30, 2016


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:


          This bill requires notification of unreasonable health plan and  
          insurer rate increases, establishes standards related to the  
          determination of reasonableness, and allows individuals to  








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          obtain other coverage following a finding that a rate is  
          unreasonable or unjustified.  Specifically, this bill:


          1)Requires notification to individuals and small groups when a  
            regulator has determined the health plan or health insurance  
            policy rate is unreasonable or not justified 


          2)Requires plans and insurers to comply with regulators'  
            requests for additional information within specified  
            timelines.


          3)Requires rate information to be filed 120 days, instead of 60  
            days, prior to implementing a rate change in the individual or  
            small-group market.


          4)Requires a regulator to determine reasonableness no later than  
            60 days following receipt of all information required to make  
            a determination. 


          5)Allows individual no fewer than 60 days to obtain other  
            coverage, at the individual's option, if open enrollment is  
            closed or there are fewer than 60 days left in open enrollment  
            (as purchase of health plans and policies is only available  
            during specified open enrollment dates, this creates a new  
            special enrollment period for purchasing health coverage).


          FISCAL EFFECT:


          1)Minor costs to the Department of Managed Health Care (Managed  
            Care Fund) to verify plans and insurers comply with this  
            requirement, and $130,000 ongoing to the California Department  
            of Insurance (Insurance Fund) to expedite determinations of  








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            reasonableness.



          2)Any costs incurred by Covered California-for example, to train  
            staff about handling special enrollments-are expected to be  
            minor and absorbable (California Health Trust Fund).
          


          COMMENTS:


          1)Purpose. 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 DMHC and CDI 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 bill attempts to inform consumers the  
            rate was determined unreasonable, and provide an option for  
            them to change plans. 


          2)Rate Review in California. Under the federal 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  
            customers 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  








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            modify or reject rate changes.  


          3)Support and Opposition. This bill is supported by health  
            advocates, senior, and labor groups. Health plans and insurers  
            oppose the bill, citing workability concerns.  The California  
            Association of Health Plans (CAHP) states that this bill will  
            subject health plans to new administrative burdens and  
            inadvertently disrupt the health insurance market with  
            additional and overlapping enrollment options and rate  
            freezes.  Kaiser Permanente writes that trying to create  
            consumer protections after the plan is in market is confusing.  
             


            The Association of California Life and Health Insurance  
            Companies (ACLHIC) opposes, unless significant amendments are  
            made. ACLHIC requests that the rate notice be provided at the  
            time of renewal and that the bill include a requirement that  
            the regulator perform a timely review of the proposed rates.  


          4)Staff Comments.  This bill provides for a special enrollment  
            period to allow consumers to comparison shop after receiving a  
            notice that a rate was deemed unreasonable. Although it makes  
            sense that a consumer notice should be actionable, and a  
            notice without the possibility to shop is arguably not useful,  
            it could benefit both industry and consumers to ensure rates  
            are reviewed pursuant to a deadline that would allow the  
            determination to be made prior to open enrollment.  This would  
            obviate the need for a special enrollment period, reducing  
            consumer confusion and frustration, as well as reducing health  
            plan administrative costs, because consumers would be armed  
            with full information during the open enrollment period  
            instead of receiving a notice after purchasing a product.   
            Such a benefit could be weighed against potential increased  
            administrative burden to regulators to ensure a timely  
            determination.      









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