BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 999 (Pavley) - Health insurance:  contraceptives:  annual  
          supply
          
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          |Version: April 18, 2016         |Policy Vote: B., P. & E.D. 7 -  |
          |                                |          0, HEALTH 7 - 1       |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: May 2, 2016       |Consultant: Brendan McCarthy    |
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          This bill does not meet the criteria for referral to the  
          Suspense File.


          Bill  
          Summary:  SB 999 would require health insurers and health plans  
          to cover up to a 12-month supply of self-administered hormonal  
          contraceptives.


          Fiscal  
          Impact:  
           Minor costs to review information from health insurers by the  
            Department of Insurance (Insurance Fund).

           No significant costs are anticipated to review health plan  
            information by the Department of Managed Health Care (Managed  
            Care Fund).

           No significant costs or savings are projected for the Medi-Cal  
            program (General Fund and federal funds). According to an  
            analysis of the bill by the California Health Benefits Review  







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            Program, utilization of hormonal contraceptives by Medi-Cal  
            enrollees is not expected to increase significantly. This is  
            because Medi-Cal already covers up to a 12-month supply of  
            oral contraceptives and utilization of the other covered forms  
            of contraception is very low. Therefore, there is no  
            significant increase in utilization anticipated nor is there  
            an anticipated reduction in health care services related to  
            unintended pregnancy. 

           Annual premium savings to the CalPERS system of about $2  
            million per year, due to reduced health care costs associated  
            with unintended pregnancies (General Fund, special funds,  
            local funds). About half of those savings would accrue to the  
            state General Fund and special funds and half would accrue to  
            local governments.

           No state costs to subsidize coverage through Covered  
            California are anticipated. Under federal law, the costs of  
            any state-imposed benefit mandate that exceeds the essential  
            health benefits included in the state's benchmark plan is a  
            state responsibility. In other words, if the state imposes a  
            new benefit mandate on health plans or health insurers that  
            sell coverage through Covered California, the state is  
            obligated to pay for the cost to subsidize that benefit  
            mandate for enrollees receiving federal subsidies. Because the  
            bill does not impose a new benefit mandate, but only changes  
            the terms of an existing mandate to cover contraceptives, the  
            bill does not expand the state's essential health benefits.


          Background:  Current law requires all health insurance policies or health  
          plans issued after January 1, 2016 to provide coverage for all  
          FDA-approved contraceptive drugs, devices, and other products  
          for women. Current law prohibits imposing cost-sharing  
          requirements on enrollees when receiving those benefits.  
          (Current law prohibits cost sharing in the Medi-Cal program  
          generally.)
          Current regulation governing the Medi-Cal program requires  
          Medi-Cal managed care plans to provide coverage for up to a  
          12-month supply of oral contraceptives.


          Under the Affordable Care Act, the federal government provides  
          subsidies for coverage purchased through health benefit  








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          exchanges, based on the applicant's income level. Federal law  
          and guidance provide that the subsidies will include the costs  
          of any state-imposed benefit mandates that are covered under the  
          essential health benefits benchmark plan. Should a state adopt  
          any new benefit mandate after January 1, 2012 federal subsidies  
          would not be available to pay for the cost of that benefit. In  
          other words, whenever the state mandates a new benefit on health  
          insurers or health plans in Covered California, the state will  
          have to pay the cost to subsidize that additional benefit.


          Proposed Law:  
            SB 999 would require health insurers and health plans to cover  
          up to a 12-month supply of self-administered hormonal  
          contraceptives.
          Specific provisions of the bill would:
                 Permit a pharmacist who furnishes self-administered  
               hormonal contraception to dispense up to a 12-month supply;
                 Require health insurance policies and health plans  
               issued after January 1, 2017 to cover up to a 12-month  
               supply of FDA-approved, self-administered hormonal  
               contraceptives;
                 Specify that the bill does not require a health insurer  
               or health plan to cover contraceptives provided by an  
               out-of-network provider;
                 Specify that the bill does not require a provider to  
               prescribe, furnish, or dispense a 12-month supply at one  
               time.


          Related  
          Legislation:  AB 1954 (Burke) would require health insurers and  
          health plans to provide coverage for reproductive and sexual  
          health care services through out-of-network providers. That bill  
          is pending in the Assembly.


          Staff  
          Comments:  According to the California Health Benefits Review  
          Program, the bill will result in overall health savings in the  
          health care industry. This is due to reduced office visits  
          needed to get a prescription for contraception and due to  
          reduced unintended pregnancies, which will reduce prenatal care  
          costs, abortions, and labor and delivery costs.








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          The only costs that may be incurred by a local agency relate to  
          crimes and infractions. Under the California Constitution, such  
          costs are not reimbursable by the state.







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