BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       SB 1034|
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                                   THIRD READING 


          Bill No:  SB 1034
          Author:   Mitchell (D) 
          Amended:  5/31/16  
          Vote:     21 

           SENATE HEALTH COMMITTEE:  6-0, 4/20/16
           AYES:  Hernandez, Hall, Mitchell, Monning, Pan, Roth
           NO VOTE RECORDED:  Nguyen, Nielsen, Wolk

           SENATE APPROPRIATIONS COMMITTEE:  5-2, 5/27/16
           AYES:  Lara, Beall, Hill, McGuire, Mendoza
           NOES:  Bates, Nielsen

           SUBJECT:   Health care coverage:  autism


          SOURCE:    Autism Deserves Equal Coverage Foundation
                     Autism Speaks
                     Center for Autism and Related Disorders
                     Special Needs Network


          DIGEST:  This bill eliminates the sunset date on the health  
          insurance mandate to cover behavioral health treatment for  
          pervasive developmental disorder or autism, and makes other  
          revisions to the law such as prohibiting denials for medically  
          necessary behavioral health treatment based on the setting,  
          location or time of the treatment.
          
          ANALYSIS:  

          Existing law:

          1)Establishes the Department of Managed Health Care (DMHC) to  
            regulate health plans under the Knox-Keene Health Care  








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            Services Plan Act of 1975 in the Health and Safety Code; the  
            California Department of Insurance (CDI) to regulate health  
            insurers under the Insurance Code; and, the California Health  
            Benefit Exchange (Exchange) to compare and make available  
            through selective contracting health insurance for individual  
            and small business purchasers as authorized under the federal  
            Patient Protection and Affordable Care Act (ACA).

          2)Establishes as California's essential health benefits (EHBs)  
            benchmark the Kaiser Small Group Health Maintenance  
            Organization plan, existing California mandates, and the 10  
            ACA mandated benefits.

          3)Requires every health plan contract that provides hospital,  
            medical, or surgical coverage and health insurance policy to  
            also provide coverage for behavioral health treatment for  
            pervasive developmental disorder or autism.  Requires the  
            coverage to be provided in the same manner and to be subject  
            to the same requirements as provided in California's mental  
            health parity law.

          4)Sunsets the provisions described in 3) on January 1, 2017.

          This bill:
          
          1)Revises the definition of "behavioral health treatment" to  
            include other evidence-based behavior intervention programs  
            that keep the functioning of an individual with pervasive  
            developmental disorder, as specified.

          2)Deletes requirements in law that qualified autism service  
            professionals and paraprofessionals are employed by qualified  
            autism service providers.

          3)Requires treatment plans to be reviewed no more (rather than  
            no less) than once every six months by the autism service  
            provider, unless a shorter period is recommended by the  
            qualified autism provider.

          4)Specifies that parent or caregiver participation in the  
            treatment plan is recommended by the qualified autism service  
            provider, and prohibits lack of parent or caregiver  








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            participation from being used to deny or reduce medically  
            necessary behavioral health treatment.

          5)Permits intensive behavioral intervention services to be  
            discontinued when the treatment goals and objectives are  
            achieved, or when treatment is no longer appropriate and  
            continued therapy is not necessary to keep function or prevent  
            deterioration.

          6)Prohibits the setting, location or time of the treatment from  
            being used as a reason to deny medically necessary behavioral  
            health treatment.  Prohibits this provision from being  
            construed to require coverage for services that are included  
            in a patient's individualized education program.

          7)Revises the definition of "qualified autism service  
            professional" to include someone who provides clinical  
            management and care supervision, deletes a requirement that he  
            or she is approved as a vendor by a California regional  
            center, and instead, requires him or her to meet the education  
            and experience qualifications defined in regulations, as  
            specified. 

          8)Revises the definition of "qualified autism service  
            paraprofessional" to indicate that the paraprofessional  
            provides treatment and implements services pursuant to a plan  
            developed and approved by a qualified autism service  
            professional.

          9)Deletes exemptions from the law for plans that participate in  
            Healthy Families (which no longer exists) and the CalPERS.

          10)Deletes the sunset date in existing law. 


          Comments
          
          1) Author's statement.  According to the author, this bill  
            ensures that children diagnosed with autism continue to have  
            access to medically necessary treatments to increase their  
            quality of life and functional independence by removing the  
            2017 sunset on the requirement for health plans and insurers  








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            to provide behavioral health treatments to children with  
            autism.   

          2)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 2017, 18.3  
               million of 25.2 million Californians have state-regulated  
               health insurance that is be subject to SB 1034.  
               Approximately, 94% of enrollees with health insurance  
               subject to SB 1034 gain benefit coverage; 
             b)   Essential health benefits. For two reasons, SB 1034 does  
               not trigger financial costs to the state for exceeding  
               EHBs. First, SB 1034 alters the terms and conditions of an  
               existing benefit mandate, but does not require an  
               additional benefit to be covered. Second, the current law  
               that SB 1034 alters expressly indicates that it ceases to  
               function if it exceeds EHBs and SB 1034 does not eliminate  
               this clause of the current law (so neither the current law  
               nor the version SB 1034 creates function if they are deemed  
               to exceed EHBs); 
             c)   Medical effectiveness. CHBRP found insufficient evidence  
               to determine whether behavioral health treatment aimed at  
               maintaining function derived from intensive behavioral  
               health treatments is effective. Studies have not separately  
               examined its effects on improvement of functioning from its  
               effects on maintenance of improvements in functioning. In  
               light of the large body of evidence from studies with  
               moderately strong research designs that behavioral health  
               treatment improves functioning across multiple domains, it  
               stands to reason that it could also be useful for  
               maintaining functioning. A preponderance of evidence from  
               studies with moderately strong research designs suggests  
               that parent/caregiver involvement in behavioral health  
               treatment improves outcomes. However, evidence also  
               suggests that behavioral health treatments are more  








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               effective than usual care regardless of the degree of  
               parent/caregiver involvement. There is a preponderance of  
               evidence from studies with moderately strong research  
               designs that behavioral health treatment can be delivered  
               effectively in multiple settings. There is insufficient  
               evidence to assess the impact of prohibiting health plans  
               from reviewing treatment plans more frequently than every  
               six months. There is a preponderance of evidence from  
               studies with moderately strong research designs that  
               behavioral health treatment provided by persons who are  
               trained or supervised by experienced behavioral health  
               treatment providers improves outcomes; 
             d)   Utilization. Utilization would increase to 47 annual  
               hours per 1,000 enrollees (up by 3 hours). Although  
               unquantifiable, the other aspects of SB 1034 might also  
               increase utilization of behavioral health treatment,  
               particularly in the long term; 
             e)   Impact on expenditures. Total premiums and cost sharing  
               increases by $8.3 million (0.006%); and, 
             f)   Public health. Although the evidence is unclear, it  
               seems reasonable to assume that there would be some  
               improvement of some health outcomes for some enrollees with  
               increased utilization. 

          1)Concern.  The Association of Regional Center Agencies (ARCA)  
            indicates that this bill does not specify how many staff  
            members can be supervised under one professional  
            certification, which could unintentionally diminish the  
            quality of clinical supervision.  ARCA also raises concerns  
            that by expanding the treatment settings and limiting parent  
            participation, skills developed through treatment would not be  
            transferable to the home or community environment and would  
            limit effectiveness of treatment.






          Fiscal  
          Impact:  Appropriation:               No  Fiscal Com.:     Yes    
          Local:Yes                      








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          According to the Senate Appropriations Committee:

          1)One-time costs of about $50,000 and ongoing costs of $15,000  
            per year to review health plan filings for compliance with the  
            requirements of the bill and to undertake any necessary  
            enforcement actions by DMHC (Managed Care Fund).

          2)Likely costs of less than $100,000 per year for review of  
            health insurance plan filings and enforcement actions by CDI  
            (Insurance Fund).
            
          3)No state costs are anticipated due to the elimination of the  
            existing sunset on the benefit mandate or the extension of the  
            existing benefit mandate to CalPERS coverage. While existing  
            law specifically mandates coverage for behavioral health  
            treatment, separate federal and state mental health parity  
            requirements and requirements for the provision of EHBs  
            implicitly require coverage for behavioral health treatment  
            for autism and related disorders. Therefore, elimination of  
            the statutory sunset and extension of the mandate to CalPERS  
            health coverage will not increase state costs, because CalPERS  
            plans would have to provide coverage for these services even  
            without a specific benefit mandate. Nor will eliminating the  
            sunset require the state to pay for the costs to subsidize  
            coverage for behavioral health treatment coverage for  
            subsidized Covered California plans.
            
          4)Ongoing costs of about $300,000 per year due to a minor  
            increase in health care premiums to CalPERS due to the  
            expansion of the existing benefit mandate to require coverage  
            to "keep" the functioning of eligible individuals (General  
            Fund, special funds, and local funds). About half of the above  
            costs would accrue to the state and half to local governments.  
             

          5)Uncertain impact on CalPERS health care costs from other  
            changes to the existing benefit mandate in the bill (General  
            Fund, special funds, and local funds). According to CHBRP,  
            there are several changes to the existing benefit mandate that  
            could increase utilization of services, but that CHBRP was  








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            unable to quantify. To the extent that those factors do  
            increase utilization, premium costs to CalPERS would increase.  


          6)No increased costs for the Medi-Cal program are anticipated  
            due to the bill. Current law exempts Medi-Cal managed care  
            plans from the existing benefit mandate. (However, federal  
            guidance requires coverage for behavioral health treatment for  
            Medi-Cal enrollees with autism or related disorders. The state  
            has just begun providing this benefit in Medi-Cal and is in  
            the process of transitioning Medi-Cal enrollee previously  
            served by regional centers to having coverage provided by  
            Medi-Cal.)  This bill does not eliminate the existing Medi-Cal  
            exemption.



          SUPPORT:   (Verified5/27/16)


          Autism Deserves Equal Coverage Foundation (co-source)
          Autism Speaks (co-source)
          Center for Autism and Related Disorders (co-source)
          Special Needs Network (co-source)
          A Change in Trajectory, ACT
          Autism Behavior Services Inc.
          Autism Business Association
          Autism Learning Partners
          Autism Spectrum Interventions
          Bloom Behavioral Health
          California Psychcare 
          California School Employees Association, AFL-CIO
          Disability Rights California
          Hope Autism Therapies
          Inizio Interventions Inc.
          National Association of Social Workers- California Chapter
          Star of California Behavioral and Psychological Services


          OPPOSITION:   (Verified5/27/16)










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          California Association of Health Plans
          California Chamber of Commerce

          ARGUMENTS IN SUPPORT:  At the passage of SB 946 (Steinberg,  
          Chapter 650, Statutes of 2011), which established the coverage  
          mandate for behavioral health treatment for pervasive  
          developmental disorder and autism, according to Autism Speaks,  
          there were a number of outstanding questions with regards to  
          mandated benefits, the ACA, and the State's fiscal  
          responsibility. The sunset provides an opportunity to revisit  
          the issue. The federal government has since provided guidance on  
          EHB selection and implementation of the ACA, and behavioral  
          health treatments for children with autism are covered as an  
          EHB.  DMHC has determined that behavioral health treatments for  
          autism are covered under California and federal mental health  
          parity, which extends to CalPERS.  Since the passage of SB 946,  
          countless children have received treatment through their health  
          plans and insurers.  Proponents indicate that frequent reviews  
          delay treatment and can harm the progress of the child.  Some  
          health plans and insurers will not approve treatment that is  
          provided at a school, church or other community settings which  
          can be critical for the development of the child.  This issue  
          has gone to the Independent Medical Review on multiple occasions  
          where it has been determined to be medically necessary services;  
          additionally parent participation requirements have become a  
          hurdle to accessing treatment. The Center for Autism and Related  
          Disorders writes that this bill makes changes to the existing  
          statute that will ensure timely access and limit delays to  
          treatment.


          ARGUMENTS IN OPPOSITION:  The California Chamber of Commerce  
          (Chamber) writes that this bill while well intentioned,  
          undermines the ability of health care issuers to promote and  
          manage the use of applied behavioral analysis for children with  
          autism, and will add to the problem of rising health care costs,  
          making it harder for Californians to access other important  
          care.  The Chamber is not aware of any peer reviewed studies  
          that suggest a professional treatment team must remain  
          permanently involved in a child's life to ensure these skills  
          are maintained.  This could lead to a shortage of available  
          therapists and create access issues for newly diagnosed  








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          children.  The Chamber believes issuers should have the ability  
          to begin tapering treatment, and to monitor the impact of that  
          reduction of services more frequently than every six months.  It  
          is appropriate for issuers to make coverage contingent upon  
          caregiver participation since research on the effectiveness of  
          applied behavioral analysis shows unequivocally that it is  
          critical to the success of the treatment. Of greatest concern,  
          is if issuers are forced to cover all behavioral health  
          treatments in all settings, schools could deny educational  
          services or make these services harder to obtain, and thereby  
          shift these costs to public and private purchasers.  The  
          California Association of Health Plans believes the next step in  
          continuing these services is to license the providers of autism  
          care rather than expand the nature of the existing requirement.



          Prepared by:Teri Boughton / HEALTH / (916) 651-4111
          5/31/16 20:45:29


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