BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1135| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 1135 Author: Monning (D) Amended: 6/1/16 Vote: 21 SENATE HEALTH COMMITTEE: 8-1, 4/6/16 AYES: Hernandez, Nguyen, Hall, Mitchell, Monning, Pan, Roth, Wolk NOES: Nielsen SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/27/16 AYES: Lara, Beall, Hill, McGuire, Mendoza NOES: Bates, Nielsen SUBJECT: Health care coverage: notice of timely access to care SOURCE: Health Access California DIGEST: This bill requires health plans, health insurers and Medi-Cal managed care plans to notify enrollees and contracted providers about information on timely access to care standards and information about interpreter services, at least annually. ANALYSIS: Existing law: 1)Establishes the Department of Managed Health Care (DMHC) to regulate health plans, the California Department of Insurance (CDI) to regulate insurers, including health insurers, and the Department of Health Care Services (DHCS) to administer the Medi-Cal program. SB 1135 Page 2 2)Requires DMHC to develop and adopt regulations to ensure that enrollees have access to needed health care services in a timely manner and consider specified indicators of timeliness of access to care, such as waiting times for appointments and referrals. 3)Requires, pursuant to CDI regulations, insurers to disclose annually, in insurer newsletters or comparable communications to covered persons, CDI's standards for timely access, the insurer's process for ensuring timely access, and what steps a covered person should take when experiencing access problems inconsistent with timely access standards, including when and how to access applicable CDI and insurer helplines. This bill: 1)Requires a health plan contract or health insurance policy issued, renewed, or amended on or after January 1, 2017, to provide information to an enrollee or insured regarding the standards for timely access to care, as specified, including information related to receipt of interpreter services in a timely manner, no less than annually. 2)Requires the information to be provided to consumers upon initial enrollment, annually upon renewal, and to contracting providers no less than on an annual basis. Specifies the requirements of the notices to consumers and providers. 3)Applies the provisions of this bill as described above, to plans with Medi-Cal managed care plan contracts with DHCS, as specified. Comments 1)Author's statement. According to the author, very few California consumers know that they are entitled to timely access to care and in their preferred language. In addition, a recent survey found that an overwhelming majority do not even know which state regulator oversees their health plan or how to file a complaint with the appropriate regulator should an issue arise. The goal of SB 1135 is to help inform consumers SB 1135 Page 3 about their timely access rights and who to call when they are having health issues. Better consumer knowledge on their rights and how to file a complaint could lead to better adherence to timely access requirements and provide more accurate consumer complaint data for state regulators and policymakers. 2)Timely access requirements. Both the DMHC and CDI have similar timely access regulations which require each health plan or health insurer to contract with adequate numbers of physicians and other health care providers in each geographic area to meet clinical and time elapsed standards. The DMHC standards include: a) Enrollees must be offered appointments for covered health care services within a time period appropriate for their condition(s); b) Enrollees must be offered appointments within the following timeframes: i) Within 48 hours of a request for an urgent care appointment for services that do not require prior authorization. ii) Within 96 hours of a request for an urgent appointment for services that do require prior authorization. iii) Within 10 business days of a request for non-urgent primary care appointments. iv) Within 15 business days of a request for an appointment with a specialist. v) Within 10 business days of a request for an appointment with non-physician mental health care SB 1135 Page 4 providers. vi) Within 15 business days of a request for a non-urgent appointment for ancillary services for the diagnosis or treatment of injury, illness or other health condition. c) The applicable waiting time for an appointment may be shorter or longer as clinically appropriate based on the opinion of a qualified health care professional acting within the scope of his or her practice consistent with professionally recognized standards of practice. If the waiting time is extended, it must be noted in the relevant record that a longer waiting time will not have a detrimental impact on the health of the enrollee; d) In areas with provider shortages, plans must still meet their obligation to arrange for enrollees to receive timely care as necessary for their health condition. If timely appointments are not available in a particular area, a plan must refer enrollees to or assist enrollees in locating available and accessible contracted providers in neighboring service areas; and, e) Health plans and insurers also are required to: i) Provide or make available telephone triage or screening services 24 hours a day, seven days a week to determine the urgency of an enrollee's condition. ii) Triage must be performed by qualified health care professionals, and, if needed, a call back must be made to an enrollee within 30 minutes. iii) Ensure that during normal business hours, the telephone waiting time for an enrollee to speak with a knowledgeable and competent plan customer service SB 1135 Page 5 representative does not exceed 10 minutes. 3)Medi-Cal timely access requirements. According to Medi-Cal managed care contract provisions, Medi-Cal managed care plans are required to meet the same timely access standards as established by DMHC. Excerpts from those contracts include the following: Contractor shall establish acceptable accessibility standards in accordance with Title 28 California Code of Regulations Section 1300.67.2 (DMHC's timely access regulations. DHCS will review and approve standards for reasonableness. Contractor shall ensure that Contracting Providers offer hours of operation similar to commercial Members or comparable to Medi-Cal fee-for-service, if the provider serves only Medi-Cal Members. Contractor shall communicate, enforce, and monitor providers' compliance with these standards. The contract goes on to list the same standards as in 2) directly above. 4)Consumer complaints. In the spring of 2015, the Consumer Reports National Research Center conducted a survey of 825 privately-insured English speaking Californians to learn more about their experience with surprise medical bills. One of the most striking findings of the survey was that most California consumers do not understand that they can complain to a state agency about health insurance. Specifically, the results indicate that 85% of privately insured Californians do not know which state agency is tasked with handling complaints about health insurance. And only a small percentage (11%) surveyed believe that a state agency is responsible for resolving health insurance billing issues. More than two-thirds of Californians (71%) are unaware of their right to appeal to the state or an independent medical expert if a health plan refuses coverage for medical services they think they need. The Consumer Reports survey indicates that even when consumers are aware of the complaint system it does not always work as effectively as it should. For example, DHCS' Medi-Cal Managed Care Office of the Ombudsman has the authority to investigate and resolve complaints by Medi-Cal beneficiaries about health plans. Yet, a report by the State Auditor, commissioned in 2015 at the request of the Joint Legislative Audit Committee, SB 1135 Page 6 found substantial shortcomings in the Office's handling of such complaints, with its telephone system unable to respond to 7,000 to 45,000 calls from consumers per month. During the audit period, the Ombudsman Office chief stated that due to staffing limitations at that time it could not handle 50-70% of the calls it received and that the Office was losing data due to hardware inadequacies. Funding was approved in the 2015-16 Budget to provide more staffing for DHCS for this phone line. In addition, DHCS is implementing an updated telephone system that is expected to increase response times, increase queue capacity from 30 callers to more than 500 callers, provide the ability to collect data regarding wait times, call times, abandonment rates, and other full call center monitoring functions and provides supervisors the ability to adjust resources. 5)Consumer complaint oversight. SB 857 (Committee on Budget and Fiscal Review, Chapter 31, Statues of 2014) revised the responsibilities of the Office of Patient Advocate (OPA) to: (a) clarify that OPA is not the primary source of direct assistance to consumers; (b) clarify OPA's responsibilities to track, analyze, and produce reports with data collected from calls, about problems and complaints by, and questions from, consumers about health care coverage received by health consumer call centers and helplines operated by other departments, regulators or governmental entities; (c) require OPA to make recommendations for the standardization of reporting on complaints, grievances, questions, and requests for assistance; and (d) require OPA to develop model protocols, in consultation with each call center, consumer advocates and other stakeholders that may be used by call centers for responding to and referring calls that are outside the jurisdiction of the call center or regulator. According to the Senate Budget Subcommittee #3 on Health and Human Services, March 3, 2015 agenda, at the request of the Brown Administration, the requirement that OPA be a single point of entry for consumer assistance and inquiries with its own 1-800 number for all health care consumer entries was repealed. This was based on the assertion that existing consumer assistance help lines such as the DMHC and the DHCS' Managed Care Ombudsman Program were more than adequate and another line would be redundant. In exchange, the OPA responsibilities as SB 1135 Page 7 an oversight agency were expanded. As part of this agreement, OPA was required to conduct complaint data report as a baseline in order to make recommendations for improvements and uniformity among systems; and for the Legislature, the public, and advocates to have a more robust picture of the adequacy of existing help lines. The first complaint data report was due to the Legislature on July 1, 2015. The report was released in May of 2016. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: Yes According to the Senate Appropriations Committee: 1)Minor costs are anticipated for enforcement of the bill's requirements by the DMHC (Managed Care Fund). 2)Minor costs are anticipated for enforcement of the bill's requirements by the CDI (Insurance Fund). 3)No significant increase in Medi-Cal utilization or costs are anticipated under the bill. Medi-Cal managed care plans are required to comply with existing timely access requirements and are already required to notify enrollees of those requirements. It is not anticipated that providing the additional information under the bill will significantly increase enrollee utilization of services. SUPPORT: (Verified 5/27/16) Health Access California (source) AARP ALS Association Golden West Chapter Asian Law Alliance Autism Speaks California Academy of Family Physicians California Chapter of the American College of Emergency Physicians SB 1135 Page 8 California Catholic Conference CaliforniaHealth+ Advocates California Labor Federation California Pan-Ethnic Health Network California School Employees Association California State Council of the Service Employees International Union California Teachers Association CALPIRG Center for Autism and Related Disorders Coalition of California Welfare Rights Organizations, Inc. Congress of California Seniors Consumers Union Doctors for America, California Los Angeles Professional Peace Officers Association Mexican American Legal Defense and Education Fund National Alliance of Mental Illness National Multiple Sclerosis Society - CA Action Network National Union of Healthcare Workers Organization of SMUD Employees Planned Parenthood Affiliates of California San Diego County Court Employees Association San Francisco Bay Area Physicians for Social Responsibility San Luis Obispo County Employees Association Western Center on Law and Poverty OPPOSITION:(Verified 5/27/16) America's Health Insurance Plans Association of California Life and Health Insurance Companies California Association of Health Plans ARGUMENTS IN SUPPORT: Health Access California, the sponsor of this bill, writes that very few consumers know these timely access consumer protections exist or where to complain to state regulators if they do not get timely access to care or care in the language they speak. Consumers Union writes that California stands out among the states for its strong, quantified standards for how quickly enrollees are entitled to get care, from primary care check-ups to urgent care. Yet, many consumers do not SB 1135 Page 9 realize they have these important rights to prompt care, as well as to interpreter services to ensure clear communication with their health care provider. This bill ensures that enrollees get this important information. The Los Angeles Professional Peace Officers Association states that consumers do not know where to complain when they need help getting the care they need when they need it. Western Center on Law and Poverty writes that over 10 million Californians are enrolled in Medi-Cal managed care plans but these individuals make up a small fraction of individuals who file complaints with DMHC despite representing a third of lives in health plans DMHC regulates. The National Union of Healthcare Workers (NUHW) writes that in recent years they have filed a successful complaint with DMHC regarding a plan's failure to provide timely access to thousands of California consumers seeking mental health services. As a result of NUHW's work with consumers, they learned that many consumers are unaware of their right to receive timely care. The California Chapter of the American College of Emergency Physicians writes that emergency physicians see the effects of inadequate access to care on the patients they treat. Many patients present to the emergency department seeking care for health conditions that have significantly deteriorated because care was delayed due to inability to access primary and specialty providers. Similarly, emergency physician routinely treat an emergency condition that requires follow up care, but even with the help of emergency department staff, the patient is unable to book the needed follow-up appointment because of inadequate networks. ARGUMENTS IN OPPOSITION: The Association of California Life and Health Insurance Companies writes that it is unclear what problem the bill is trying to solve. Currently, CDI requires insurers to adhere to exceptionally rigorous network adequacy standards and insurers are already required to provide much of the same information that would be required under this bill. Prepared by:Teri Boughton / HEALTH / (916) 651-4111 6/1/16 18:41:34 **** END **** SB 1135 Page 10