BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       SB 1135|
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                                   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.









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          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  








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            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  








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                   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  








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                   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,  








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            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  








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            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








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          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  








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          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


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