BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 908


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          SENATE THIRD READING


          SB  
          908 (Hernandez)


          As Amended  June 30, 2016


          Majority vote


          SENATE VOTE:  24-12


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Health          |11-7 |Wood, Bonilla, Burke, |Maienschein,        |
          |                |     |Campos, Chiu, Gomez,  |Lackey, Olsen,      |
          |                |     |                      |Patterson,          |
          |                |     |                      |                    |
          |                |     |Roger Hernández,      |                    |
          |                |     |Nazarian, Rodriguez,  |Ridley-Thomas,      |
          |                |     |Santiago, McCarty     |Steinorth, Waldron  |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |14-6 |Gonzalez, Bloom,      |Bigelow, Chang,     |
          |                |     |Bonilla, Bonta,       |Gallagher, Jones,   |
          |                |     |Calderon, Daly,       |Obernolte, Wagner   |
          |                |     |Eggman, Eduardo       |                    |
          |                |     |Garcia, Holden,       |                    |
          |                |     |Quirk, Santiago,      |                    |
          |                |     |Weber, Wood, Chau     |                    |
          |                |     |                      |                    |








                                                                     SB 908


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          |                |     |                      |                    |
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          SUMMARY:  Requires health care service plans (health plans) or  
          health insurers to provide notice to contractholders or  
          policyholders of unreasonable or not justified rate  
          determinations in the individual and small group markets.   
          Requires, in the individual market, health plans or health  
          insurers to offer the option of coverage of no less than 60 days  
          in order for the contractholder or policyholder to obtain other  
          coverage.  Specifically, this bill:  


          1)Requires notification to individuals and small groups when the  
            Department of Managed Health Care (DMHC) or California  
            Department of Insurance (CDI) has determined the health plan  
            or health insurance policy rate is unreasonable or not  
            justified.


          2)Requires health plans and insurers to comply with DMHC or  
            CDI's requests for additional information within specified  
            timelines.


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


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


          5)Allows an 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  








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            (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:  According to the Assembly Appropriations  
          Committee:


          1)Minor costs to the DMHC (Managed Care Fund) to verify plans  
            and insurers comply with this requirement, and $130,000  
            ongoing to the CDI (Insurance Fund) to expedite determinations  
            of 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:  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 means consumers and small business owners can  
          be unwittingly locked into an unreasonable rate because they are  
          not aware that it is unreasonable.  This bill requires 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.  The author states that 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.









                                                                     SB 908


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          Rate Review Report.  The California Public Interest Research  
          Group (CALPIRG) has published an analysis of implementation of  
          California's Health Insurance Rate Review: the First Five Years.  
           The CALPIRG analysis included posted rate filings that were  
          scheduled to go into effect between January 1, 2011 and January  
          1, 2016.  The CALPIRG report indicates that carriers have filed  
          565 proposed rate changes in the individual and small group  
          markets within those five years.  Carriers have voluntarily  
          reduced or withdrawn 69 rate filings after beginning the rate  
          review process (12% of the total number of filings posted).   
          Between 2011 and 2016, DMHC and CDI 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 with 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.


          Health Access California, sponsor of this bill, writes that this  
          bill informs individual consumers and small business owners if  
          the rate for their product is unreasonable or unjustified and  
          gives them the opportunity to shop for other coverage.  The  
          California State Council of the Service Employees International  
          Union writes that when California's $123 billion health  
          insurance industry is allowed to increase rates without  
          justification, it contributes to the problem of spiraling health  
          care costs, which cuts into wages and benefits for California's  
          workers.  


          The Association of California Life and Health Insurance  
          Companies (ACLHIC) states that the rate notice should be  
          clarified to include an explanation as to why the insurer  
          decided to go forward with that rate, as they are currently  
          allowed to do so under the federal guidelines.  Additionally,  








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          ACLHIC notes that the rate notice should be provided at the time  
          of renewal, and include a requirement that the regulator perform  
          a timely review of the proposed rates.  The California  
          Association of Health Plans 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.  




          Analysis Prepared by:                                             
                          Kristene Mapile / HEALTH / (916) 319-2097  FN:  
          0003759