BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       SB 1135|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
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                                UNFINISHED BUSINESS 


          Bill No:  SB 1135
          Author:   Monning (D) 
          Amended:  8/15/16  
          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

           SENATE FLOOR:  29-10, 6/2/16
           AYES:  Allen, Beall, Block, Cannella, De León, Galgiani,  
            Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso,  
            Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell,  
            Monning, Nguyen, Pan, Pavley, Roth, Vidak, Wieckowski, Wolk
           NOES:  Anderson, Bates, Berryhill, Fuller, Gaines, Huff,  
            Moorlach, Morrell, Nielsen, Stone
           NO VOTE RECORDED:  Runner

           ASSEMBLY FLOOR:  58-19, 8/18/16 - See last page for vote
           
           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  








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          and information about interpreter services, at least annually. 


          Assembly Amendments change the effective date to contracts or  
          policies issued, renewed, or amended after July 1, 2017 (from  
          January); permit a health care plan or insurer to include the  
          information with other materials sent to the enrollee or  
          insured; delete a requirement that the information be provided  
          where language assistance notifications are required; require at  
          least annually, in or with newsletters, outreach, or other  
          materials that are routinely disseminated to the plan's  
          enrollees; require the information in the provider directory  
          commencing January 1, 2018; and delete the specific notice  
          language and instead indicate information that a plan or insurer  
          must provide to a contracting provider, and permit the  
          information to be provided with an existing communication with a  
          contracting provider.


          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.

          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  








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            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 July 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 information about appointment wait times for urgent  
            care, nonurgent primary care, nonurgent specialty care, and  
            telephone screening to enrollees, insureds and contracted  
            providers.  Specifies the information that must be provided no  
            less than annually to contracted providers.

          3)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.  Permits the  
            information to be included with other materials. Requires the  
            information to be provided at least annually, in or with  
            newsletters, outreach, or other materials that are routinely  
            disseminated to enrollees or insureds.

          4)Requires, commencing January 1, 2018, the information to be  
            provided in a separate section of the provider directory  
            titled "Timely Access to Care."  Requires the information to  
            be provided on the plan or insurer's Internet Web site.

          5)Applies the provisions of this bill as described above, to  
            plans with Medi-Cal managed care plan contracts with DHCS, as  
            specified.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes


          According to the Assembly Appropriations Committee,  
          administrative costs to the CDI of $65,000 in 2016-17 and  
          $79,000 in 2017-18 (Insurance Fund) and minor and absorbable  








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          costs to DMHC (DMHC Managed Care Fund) to verify plans and  
          insurers comply with this requirement.


          SUPPORT:   (Verified  8/16/16)


          Health Access California (source)
          AARP
          ALS Association Golden West Chapter
          American for Democratic Action, Southern California
          Asian Law Alliance
          Autism Speaks
          California Academy of Family Physicians
          California Chapter of the American College of Emergency  
          Physicians
          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
          Mental Health America of California
          Mexican American Legal Defense and Education Fund
          National Alliance of Mental Illness
          National Health Law Program
          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








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          Western Center on Law and Poverty


          OPPOSITION:   (Verified8/16/16)


          None received


          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  
          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  








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          even with the help of emergency department staff, the patient is  
          unable to book the needed follow-up appointment because of  
          inadequate networks.




           ASSEMBLY FLOOR:  58-19, 8/18/16
           AYES:  Alejo, Arambula, Atkins, Baker, Bloom, Bonilla, Bonta,  
            Brown, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu,  
            Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier,  
            Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez,  
            Gonzalez, Gordon, Gray, Hadley, Holden, Irwin, Jones-Sawyer,  
            Lackey, Levine, Linder, Lopez, Low, Maienschein, McCarty,  
            Medina, Mullin, Nazarian, O'Donnell, Quirk, Ridley-Thomas,  
            Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting,  
            Waldron, Weber, Williams, Wood, Rendon
           NOES:  Achadjian, Travis Allen, Bigelow, Brough, Chávez, Dahle,  
            Beth Gaines, Gallagher, Grove, Harper, Jones, Kim, Mathis,  
            Mayes, Melendez, Obernolte, Patterson, Wagner, Wilk
           NO VOTE RECORDED:  Roger Hernández, Olsen, Steinorth



          Prepared by:Teri Boughton / HEALTH / (916) 651-4111
          8/19/16 19:37:26


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