BILL ANALYSIS Ó SENATE COMMITTEE ON HEALTH Senator Ed Hernandez, O.D., Chair BILL NO: SB 999 --------------------------------------------------------------- |AUTHOR: |Pavley | |---------------+-----------------------------------------------| |VERSION: |March 29, 2016 | --------------------------------------------------------------- --------------------------------------------------------------- |HEARING DATE: |April 13, 2016 | | | --------------------------------------------------------------- --------------------------------------------------------------- |CONSULTANT: |Teri Boughton | --------------------------------------------------------------- SUBJECT : Health insurance: contraceptives: annual supply SUMMARY : Requires health plans and health insurers to cover a 12-month supply of self-administered hormonal contraceptives approved by the Food and Drug Administration, and permits pharmacists who furnish self-administered hormonal contraceptives under protocol developed by the Board of Pharmacy to dispense up to a 12-month supply at one time. Existing law: 1)Establishes the Department of Managed Health Care (DMHC) to regulate health care service plans (health plans), the California Department of Insurance (CDI) to regulate insurers, including health insurers, the Board of Pharmacy (BOP) to administer the Pharmacy Law, and the Department of Health Care Services (DHCS) to administer the Medi-Cal program. 2)Requires a health plan contract, or a group or individual policy of disability insurance, except for a specialized health plan contract or a specialized health insurance policy, that is issued, amended, renewed, or delivered on or after January 1, 2016, to provide coverage for all of the following services and contraceptive methods for women: a) All Food and Drug Administration (FDA)-approved contraceptive drugs, devices, and other products for women, including all FDA-approved contraceptive drugs, devices, and products available over the counter, as prescribed by the enrollee's or insured's provider; SB 999 (Pavley) Page 2 of ? b) Voluntary sterilization procedures; c) Patient education and counseling on contraception; and, d) Follow-up services related to the drugs, devices, products, and procedures, including, but not limited to, management of side effects, counseling for continued adherence, and device insertion and removal. 3)Prohibits a health plan or disability insurer from imposing a deductible, coinsurance, copayment, or any other cost-sharing requirement on the coverage provided pursuant to 2) above, except in the case of a grandfathered health plan. Prohibits cost sharing from being imposed on any Medi-Cal beneficiary. 4)Permits a religious employer to request a health plan contract or disability insurance policy without coverage for FDA-approved contraceptive methods that are contrary to the religious employer's religious tenets, and requires a health plan contract or disability insurance policy to be provided without coverage for contraceptive methods, if requested. 5)Establishes as California's essential health benefits (EHBs) the Kaiser Small Group HMO plan along with the following 10 federally mandated benefits under the Patient Protection and Affordable Care Act (ACA) as well as other existing state mandated benefits: a) Ambulatory patient services; b) Emergency services; c) Hospitalization; d) Maternity and newborn care; e) Mental health and substance use disorder services, including behavioral health treatment; f) Prescription drugs; g) Rehabilitative and habilitative services and devices; h) Laboratory services; i) Preventive and wellness services and chronic disease management; and, j) Pediatric services, including oral and vision SB 999 (Pavley) Page 3 of ? care. 6)Permits a pharmacist to dispense not more than a 90-day supply of a dangerous drug other than a controlled substance pursuant to a valid prescription that specifies an initial quantity of less than a 90-day supply followed by periodic refills of that amount if specified requirements are satisfied, such as the patient has completed an initial 30-day supply of the dangerous drug. Prohibits a pharmacist from dispensing a greater supply of a dangerous drug if the prescriber personally indicates, either orally or in his or her own handwriting, "No change to quantity," or words of similar meaning. 7)Permits a pharmacist to furnish self-administered hormonal contraceptives in accordance with standardized procedures or protocols developed and approved by both the BOP and the Medical Board of California in consultation with the American Congress of Obstetricians and Gynecologists, the California Pharmacists Association, and other appropriate entities. 8)Requires the standardized procedure or protocol in 7) above to require that the patient use a self-screening tool that will identify patient risk factors for use of self-administered hormonal contraceptives, based on the current United States Medical Eligibility Criteria for Contraceptive Use developed by the federal Centers for Disease Control and Prevention, and that the pharmacist refer the patient to the patient's primary care provider or, if the patient does not have a primary care provider, to nearby clinics, upon furnishing a self-administered hormonal contraceptive, or if it is determined that use of a self-administered hormonal contraceptive is not recommended. 9)Requires the pharmacist to provide the recipient a standardized factsheet that includes, but is not limited to, the indications and contraindications for use of the drug, the appropriate method for using the drug, the need for medical follow-up, and other appropriate information, developed, as specified. This bill: 1)Requires every health plan contract, group or individual policy of disability insurance that is issued, amended, renewed, or delivered on or after January 1, 2017, to cover a SB 999 (Pavley) Page 4 of ? 12-month supply of FDA-approved, self-administered hormonal contraceptives dispensed by a prescriber or pharmacy at one time to an enrollee. 2)Requires the health plan or insurer to cover the 12-month supply if a 12-month supply of FDA-approved, self-administered hormonal contraceptives is dispensed onsite at a location licensed or otherwise authorized to dispense drugs or supplies. 3)Exempts FDA-approved, self-administered hormonal contraceptives from the 90-day dispensing supply limitation in existing BOP law, except when the prescriber indicates "no change to quantity," as specified. 4)Requires a prescription for FDA-approved, self-administered hormonal contraceptives to be dispensed as provided on the prescription, including, but not limited to, a prescription for a 12-month supply. 5)Permits a pharmacist who furnishes self-administered hormonal contraception pursuant to protocols developed by the BOP to dispense, at the patient's request, up to a 12-month supply at one time. FISCAL EFFECT : This bill has not been analyzed by a fiscal committee. COMMENTS : 1)Author's statement. According to the author, SB 999 addresses a leading barrier to obtaining consistent, uninterrupted contraception. Under current law, health insurance companies and plans must limit their coverage of birth control to a one-or- three- month supply. This practice can lead to unwanted gaps in use and increase unintended pregnancies. Inconsistent supplies of birth control are problematic for many women who have unpredictable work hours, difficulty accessing transportation, or other barriers preventing them from accessing a provider, pharmacy or clinic, in a timely manner. By allowing women to receive up to a 12 month supply of birth control at one time, women can better control their birth control use. The California Health Benefits Review Panel (CHBRP) estimates that under this bill, costs to employers and SB 999 (Pavley) Page 5 of ? consumers would be reduced by over $42 million annually, with 15,000 fewer unintended pregnancies, and 7000 fewer abortions each year. The report cited that the program found no difference in medical health risks in three, six, or 12 month dispensation. Given that California has a continued access to care crisis, a provider shortage and high rates of unintended pregnancy, California must continue to find inventive ways to remove barriers to providing consistent contraception. 2)Contraception. According to the CHBRP analysis of this bill, the FDA categorizes contraceptives into five methods - permanent sterilization, long-acting reversible contraceptives, short-acting hormonal methods, barrier methods, and emergency contraception. This bill only impacts self-administered hormonal contraceptives, which includes oral contraceptives (pill, mini-pill, and extended/continuous use pill), and the contraceptive ring (NuvaRing) or patch (OrthoEvra). In the United States, 68% of women at risk of unintended pregnancy use contraception correctly and consistently throughout any given year and account for only five percent of unintended pregnancies. In California, nearly half of the over 818,700 pregnancies per year are unintended. 3)CA Family Planning Program. Family Planning, Access, Care, and Treatment (PACT) is a reproductive health program for clinical family planning services. Family PACT provides comprehensive family planning services to women and men including all FDA approved forms of contraception, emergency contraception, pregnancy testing with counseling, preconception counseling, male and female sterilization, limited infertility services, sexually transmitted infection testing and treatment, cancer screening, and HIV screening. Individual client reproductive health education and counseling is an ongoing component of all services. Family PACT clients are female and male residents of California with a family income at or below 200% of the federal poverty level with no other source of family planning coverage. Clients are individuals with a medical necessity for family planning services who do not have Medi-Cal and do not have access to health insurance. Medi-Cal clients with an unmet share of cost may also be eligible. Eligibility determination and enrollment are conducted at the provider's office with point of service activation of a client membership card. 4)Medi-Cal requirements. According to a recently revised All SB 999 (Pavley) Page 6 of ? Plan Letter (APL) issued by DHCS, effective May 1, 2016, Medi-Cal managed care plans must pay for up to thirteen cycles of oral contraceptives, up to twelve patches in a 90 day period, and up to four vaginal rings in a 90 day period if such quantity is dispensed in an onsite clinic and billed by a qualified family planning provider, including out-of-plan providers. A qualified provider is a provider who is licensed to furnish family planning services within their scope of practice, is an enrolled Medi-Cal provider, and is willing to furnish family planning services to an enrollee, as specified in regulation. A physician, physician assistant (under the supervision of a physician), certified nurse midwife, and nurse practitioner are authorized to dispense medications. Pursuant to California law, if these contraceptives are dispensed by a registered nurse (RN), the RN must have completed required training, and the contraceptives must be billed with Evaluation and Management procedure codes, as specified. The APL also states that under federal law, a primary care case management system, a health maintenance organization, or a similar entity shall not restrict the choice of the qualified person from whom the individual may receive such services under 1396d(a)(4)(C) of Title 42. Therefore Medi-Cal managed care plan beneficiaries must be allowed freedom of choice of family planning providers, and may receive such services from any qualified family planning provider, including out-of-plan providers, without prior authorization. 5)CHBRP analysis. AB 1996 (Thomson, Chapter 795, Statutes of 2002), requests the University of California to assess legislation proposing a mandated benefit or service and prepare a written analysis with relevant data on the medical, economic, and public health impacts of proposed health plan and health insurance benefit mandate legislation. CHBRP was created in response to AB 1996, and reviewed this bill. Key findings include: a) Coverage impacts and enrollees covered . In 2016, 25.2 million Californians have state-regulated coverage that would be subject to this bill. Medi-Cal already has a policy in place that allows enrollees to receive a 12-month supply at one time of oral contraceptives (but not the ring or patch). CHBRP estimates that 744,000 women aged 15 to 44 currently have active prescriptions SB 999 (Pavley) Page 7 of ? for self-administered hormonal contraceptives. Of the 744,000, 67% currently receive a one month supply per prescription refill, 32% currently receive a three month supply at a time, and six percent receive 12 months at one time. In the insured population under the current distribution of self-administered hormonal contraceptives there are 67,000 unintended pregnancies, which CHBRP estimates results in 28,000 live births, 9,000 miscarriages, and 30,000 abortions. Coverage for an annual supply of self-administered hormonal contraceptives (including oral contraceptive pill, patch, and ring) is estimated to increase from zero percent to 100% of enrollees of DMHC-regulated plans and CDI-regulated policies; b) Essential Health Benefits . This bill does not constitute a new benefit but rather, alters the terms and conditions (i.e., supply dispensed) of an existing benefit (coverage for self-administered hormonal contraceptives), therefor this bill does not exceed essential health benefits; c) Medical effectiveness . According to CHBRP, one study conducted in California found that among a group of 28,000 women receiving oral contraceptives from clinics that can dispense a 12-month supply at no cost to the patient, 11% were dispensed pills in a one month supply, 27% were dispensed in a three month supply, seven percent were dispensed in a six month supply, four percent were dispensed in a ten month supply, 34% were dispensed in a 12-month supply, and 17% were dispensed in other quantities (Foster et al., 2011). As there was only one study identified that looked at this topic, CHBRP concludes that there is insufficient evidence to determine the impact of policies allowing for dispensing of 12-month supply of self-administered oral contraceptives on dispensing patterns. However, CHBRP states that there is a preponderance of evidence from studies with moderate research designs that conclude that dispensing oral contraceptives in larger quantities leads to a reduction in unintended pregnancy and related outcomes. There was no known literature on the impact of dispensing patterns for vaginal ring and contraceptive patch; d) Utilization . Postmandate, the number of active self-administered hormonal contraceptive prescriptions is estimated to remain the same, but more women will receive SB 999 (Pavley) Page 8 of ? a 12-month supply at once. Office visits are expected to decrease; e) Impact on expenditures . Total net annual expenditures are estimated to decrease by $42,799,000 or 0.03% for enrollees with DMHC-regulated plans and CDI-regulated policies. Savings are attributed to prevented unintended pregnancies as a result of access to a longer supply of self-administered hormonal contraceptives and fewer office visits; and, f) Public Health . A decrease in unintended pregnancies of 15,000 (which includes 6,000 fewer live births, 2,000 fewer miscarriages, and 7,000 fewer abortions) are estimated to result from this bill. 6)Oregon. In 2015, Oregon passed legislation to require a prescription drug benefit program, a prescription drug benefit offered under a health benefit plan, as defined, or under a student health insurance policy, to reimburse a health care provider or dispensing entity for dispensing contraceptives intended to last for a three-month period for the first dispensing of the contraceptive to an insured; and twelve month period for subsequent dispensing of the same contraceptive to the insured regardless of whether the insured was enrolled in the program, plan or policy at the time of the first dispensing. 7)Double referral. This bill was heard in the Senate Business, Professions and Economic Development Committee on April 4, 2016 and was approved with a vote of 7-2. 8)Related legislation. AB 1954 (Burke) would require every health plan contract or health insurance policy issued, amended, renewed, or delivered on or after January 1, 2017, to provide coverage for reproductive and sexual health care services, as defined, through out-of-network providers under specified circumstances, and prohibits those plan contracts or insurance policies from requiring an enrollee or insured to receive a referral in order to receive reproductive or sexual health care services. AB 1954 is scheduled for a hearing in the Assembly Health Committee on April 19, 2016. 9)Prior legislation. SB 493 (Hernandez, Chapter 469, Statutes of 2013), updates Pharmacy Law to authorize pharmacists to perform certain functions according to specified requirements; including permitting a pharmacist to furnish self-administered SB 999 (Pavley) Page 9 of ? hormonal contraceptives, nicotine replacement products, and prescription medications not requiring a diagnosis that are recommended by the federal Centers for Disease Control and Prevention for individuals traveling outside of the U.S., in addition to emergency contraception drug therapy. SB 1053 (Mitchell, Chapter 576, Statutes of 2014), requires, effective January 1, 2016, most health plans and insurers to cover a variety of FDA-approved contraceptive drugs, devices, and products for women, as well as related counseling and follow-up services and voluntary sterilization procedures. Prohibits cost-sharing, restrictions, or delays in the provision of covered services, but allows cost-sharing and utilization management procedures if a therapeutic equivalent drug or device is offered by the plan with no cost-sharing. 10)Support. The American Civil Liberties Union of California states that this bill aligns with California's historic leadership in establishing public policies that increase access to contraceptives. Planned Parenthood Action Fund of the Pacific Southwest writes for birth control to be effective, consistency is essential. For many women, particularly those who live in low income rural areas, receiving only short supply of contraception can impede their ability to use birth control on a consistent basis. Planned Parenthood Mar Monte and Planned Parenthood Affiliates of California write that studies show that dispensing a 12-month supply of birth control at one time reduces a woman's odds of having an unintended pregnancy by 30%. Health Access California writes providing women with annual supplies instead of making them visit a clinic or refill their scripts every month means they will be less likely to run out of birth control, less likely to get pregnant, and less likely to have an abortion. This means health plans and public programs such as Medi-Cal will avoid paying for more costly unintended pregnancies. SB 999 is particularly beneficial to women living in low-income communities where there are fewer pharmacies. 11)Support if amended. Kaiser Permanente is generally supportive of this policy as it removes access barriers to contraception and believes the bill represents good public policy for all women and families. Kaiser requests that the bill be amended to clarify that the health plan coverage up to an annual supply of birth control only applies to a product that is prescribed/furnished by in-network providers and SB 999 (Pavley) Page 10 of ? dispensed at in-network pharmacies. 12)Opposition. According to the California Association of Health Plans (CAHP), the bill will lead to multiple unnecessary prescriptions and there is concern with filling a 12-month supply without the prior use of the contraceptive by the enrollee. If the patient needs to change prescriptions for any reason, the health plans will have to purchase an additional 12-month supply. CAHP writes that the bill does not specify that the prescriptions must be picked up at an in-network pharmacy, and it exceeds the parameters for Medi-Cal managed care. CAHP also states that the inclusion of the non-oral contraceptive that has a shelf life of less than a year is problematic because it will expire prior to being used, resulting in product waste. In a joint letter, CAHP, the Association of California Life and Health Insurance Companies, and America's Health Insurance Plans write that when a state passes a benefit mandate, the mandate remains static and often does not reflect changes in the practice of medicine, new medical technology, or other medical advances or knowledge that may make the mandate obsolete, or even harmful, to patients. The adoption of benefit mandates that do not promote evidence-based medicine may lead to lower quality of care, over-utilization, and high costs for possibly non-effective treatments. The California Catholic Conference writes that this bill would reduce the standard of care for women seeking help and information regarding the variety of proven contraception methods available. The Conference suggests to reduce the number of pregnancies women ought to be made aware of other safe and effective pregnancy-prevention methods, such as natural family planning, which is medically endorsed tool for couples to making parenting decisions, especially those struggling with contraceptive-infertility issues. 13)Policy Comments. a) Initial Use Period. Some have raised concerns that dispensing a 12-month supply upon first time use by the enrollee or insured could result in waste if the enrollee or insured finds that she is not proficient or comfortable using of the type of contraceptive after a period of initial use. Existing California law requires use of an initial 30-day supply prior to the dispensing of a 90-day supply. Oregon requires coverage for SB 999 (Pavley) Page 11 of ? 12-month supply after an initial use period of three months. Should this bill require an initial use period prior to a requirement for dispensing a 12-month supply? b) In network only. A tenet of closed network managed care is a requirement that enrollees use network providers for non-emergency services. This bill appears to require coverage of a 12-month supply of self-administered hormonal contraceptives dispensed by a prescriber or pharmacy, or if dispensed onsite at a location licensed or otherwise authorized to dispense drugs or supplies, whether or not these prescribers, providers, locations are in the health plan network. Medi-Cal is required under federal law to allow freedom of choice of family planning providers, including out-of-plan providers, without prior authorization. Is there a reason to extend freedom of choice to commercially covered enrollees? c) Dispensing requirements. The manufacturer's guidance indicates that prior to dispensing to the user NuvaRing should be stored at 2-8C (36-46F). After dispensing to the user NuvaRing can be stored for up to four months at 25C (77F). The manufacturer indicates that when NuvaRing is dispensed to the user, the dispenser must place a date on the label. The date should not exceed either four months from the date of dispensing or the expiration, whichever comes first. The manufacturer indicates it must provide guidance in accordance with their label. Do pharmacists have discretion to dispense in a manner that is inconsistent with the manufacturer labeling requirements? 1) Amendments. The author has agreed to take amendments in response to Kaiser's request. The amendments would revise sections 3 and 4. Parallel changes as seen below would be amended into the Insurance Code section. (d)(1) Every health care service plan contract that is issued, amended, renewed, or delivered on or after January 1, 2017, shall cover up to a 12-month supply of FDA-approved, self-administered hormonal contraceptives when dispensed at one time for an enrollee by a provider, pharmacist, or at a location SB 999 (Pavley) Page 12 of ? licensed or otherwise authorized to dispense drugs or supplies.(2) If a 12-month supply of FDA-approved, self-administered hormonal contraceptives is dispensed onsite at a location licensed or otherwise authorized to dispense drugs or supplies, the health care service plan shall cover the 12-month supply.(2) Nothing in this subdivision shall be construed to require a health care service plan contract to cover contraceptives provided by an out-of-network provider, pharmacy, or location licensed or otherwise authorized to dispense drugs or supplies except as may be otherwise authorized by state or federal law or by the plan's policies governing out-of-network coverage. (3) Nothing in this subdivision shall be construed to require providers to prescribe, furnish or dispense 12 months of self-administered hormonal contraceptives at one time. SUPPORT AND OPPOSITION : Support: Planned Parenthood Affiliates of California (cosponsor) California Family Health Council (cosponsor) NARAL Pro Choice California (cosponsor) American Civil Liberties Union American Congress of Obstetricians and Gynecologists District IX American Medical Women's Association Asian Law Alliance Bayer Black Women for Wellness California Academy of PAs California Family Health Council California Medical Association California Pan-Ethnic Health Network California Primary Care Association California Religious Coalition for Reproductive Choice California Women's Law Center Citizens for Choice Community Action Fund of Planned Parenthood of Orange and San Bernardino Counties Forward Together Health Access California National Association of Social Workers - California Chapter Maternal and Child Health Access SB 999 (Pavley) Page 13 of ? Physicians for Reproductive Health Planned Parenthood Action Fund of Santa Barbara, Ventura, & San Luis Obispo Counties Planned Parenthood Action Fund of the Pacific Southwest Planned Parenthood Advocacy Project Los Angeles County Planned Parenthood Advocates Pasadena and San Gabriel Valley Planned Parenthood Mar Monte Planned Parenthood Northern California Action Fund Oppose: America's Health Insurance Plans Association of California Life and Health Insurance Companies California Association of Health Plans California Catholic Conference California Right to Life Committee -- END --