BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1159| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 1159 Author: Hernandez (D) Amended: 8/19/16 Vote: 21 SENATE HEALTH COMMITTEE: 8-0, 4/6/16 AYES: Hernandez, Nguyen, Hall, Mitchell, Monning, Pan, Roth, Wolk NO VOTE RECORDED: Nielsen SENATE JUDICIARY COMMITTEE: 5-2, 4/19/16 AYES: Jackson, Hertzberg, Leno, Monning, Wieckowski NOES: Moorlach, Anderson SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/27/16 AYES: Lara, Beall, Hill, McGuire, Mendoza NOES: Bates, Nielsen SENATE FLOOR: 25-12, 6/2/16 AYES: Beall, Block, De León, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Nguyen, Pan, Pavley, Roth, Wieckowski, Wolk NOES: Anderson, Bates, Berryhill, Cannella, Fuller, Gaines, Huff, Moorlach, Morrell, Nielsen, Stone, Vidak NO VOTE RECORDED: Allen, Galgiani, Runner ASSEMBLY FLOOR: 60-19, 8/23/16 - See last page for vote SUBJECT: California Health Care Cost, Quality, and Equity Data Atlas SOURCE: Author SB 1159 Page 2 DIGEST: This bill requires the California Health and Human Services Agency (CHHSA) to research the options for developing a cost, quality, and equity transparency database that is consistent with the confidentiality of medical information in existing law. Assembly Amendments (1) delete the requirement that certain health care entities to provide medical claims, cost, and quality information to CHHSA Secretary for the purpose of developing information for inclusion in a health care cost and quality database (and related provisions) and instead require CHHSA to research the options for developing a cost, quality, and equity transparency database that is consistent with the confidentiality of medical information in existing law; (2) require this research to include identification of key data submitters; a comparative analysis of potential models used in other states and an assessment of the extent to which information should be included in the database; an assessment of types of governance structures that incorporate representatives of health care stakeholders and experts; recommendations on potential funding approaches; an assessment on the extent to which the database could be developed in conjunction with existing public or private activities, as specified; and, consultation with a broad spectrum of health care stakeholders and experts, as specified; and (3) permit CHHSA to enter into contracts or agreements to conduct the research described above. Require CHHSA to make public the results of the research described above no later than March 1, 2017, by submitting a report to the Assembly and Senate Committees on Health. ANALYSIS: Existing law: 1)Establishes the Office of Statewide Health Planning and Development (OSHPD) as the single state agency responsible for collecting specified health facility and clinic data for use SB 1159 Page 3 by all agencies. Requires hospitals to make and file with OSHPD certain specified reports, including a Hospital Discharge Abstract Data Record with data elements for each admission, such as diagnoses and disposition of the patient. 2)Requires OSHPD, to publish annually risk-adjusted outcome reports on medical, surgical and obstetric conditions or procedures, and others selected by OSHPD in accordance with specified criteria. 3)Requires OSHPD, to publish a risk-adjusted outcome report for coronary artery bypass graft (CABG) surgery for all CABG surgeries performed in the state. Requires the reports to compare risk-adjusted outcomes by hospital in every year and, by cardiac surgeon in every other year, but permits information on individual hospitals and surgeons to be excluded from the reports based upon the recommendation of a clinical panel for statistical and technical considerations. 4)Requires a hospital to make a written or electronic copy of its charge description master available at the hospital location. Requires the hospital to post a notice that the hospital's charge description master is available, and requires any information about charges provided to include information about where to obtain information regarding hospital quality, including hospital outcome studies available from OSHPD and hospital survey information available from the Joint Commission for Accreditation of Healthcare Organizations. 5)Establishes the Department of Managed Health Care (DMHC) to regulate health plans and the California Department of Insurance (CDI) to regulate health insurers. Requires specified health plans and insurers to submit reports to state and federal regulators on medical loss ratios, rate filings, enrollment data, as specified. SB 1159 Page 4 This bill: 1)Requires CHHSA to research the options for developing a cost, quality, and equity transparency database that is consistent with the confidentiality of medical information in existing law. 2)Requires this research to include all of the following: a) Identification of key data submitters, including health care service plans (health plans), health insurers, suppliers, providers, and self-insured employers, as defined; b) A comparative analysis of potential models used in other states and an assessment of the extent to which information in addition to the following should be included in the cost, quality, and equity transparency database: i) Utilization data from health plan and health insurers' medical, dental, and pharmacy claims. In the case of entities that do not use claims data, including, but not limited to, integrated delivery systems, encounter data consistent with the core set of data elements for data submission proposed by the All-Payer Claims Database Council, the University of New Hampshire, and the National Association of Health Data Organizations; ii) Pricing information for health care items, services, and medical and surgical episode of care gathered from allowed charges for covered health care items and services. In the case of entities that do not use or produce individual claims, price information that is the best possible proxy to pricing information for health care items, services, and medical and surgical episodes SB 1159 Page 5 of care available in lieu of actual cost data to allow for meaningful comparisons of provider prices and treatment costs; iii) Information sufficient to determine the impacts of social determinants of health, including age, gender, race, ethnicity, limited English proficiency, sexual orientation and gender identity, ZIP Code, and any other factors for which there are peer-reviewed evidence; and, iv) Clinical data from health care service plans, integrated delivery systems, hospitals, and/or clinics that is not included in the core set of data elements for data submission proposed by the All Payer Claims Database Council and the National Association of Health Data Organizations. c) An assessment of types of governance structures that incorporate representatives of health care stakeholders and experts, as specified; d) Recommendations on potential funding approaches to support the activities of the cost, quality, and equity transparency database that recognize federal and state confidentiality of medical information laws; e) An assessment on the extent to which the cost, quality, and equity transparency database could be developed in conjunction with existing public or private activities, as specified; and, f) Consultation with a broad spectrum of health care stakeholders and experts, as specified. 3)Permits CHHSA to enter into contracts or agreements to conduct SB 1159 Page 6 the research described above. 4)Requires CHHSA to make public the results of the research described above no later than March 1, 2017, by submitting a report to the Assembly and Senate Committees on Health. 5)Sunsets the bill on January 1, 2021. Comments 1)Author's statement. According to the author, beginning in March 2014, the Senate Committee on Health convened several health care experts to discuss factors that contribute to the growing cost of health care in California and efforts to make care more affordable. At a second hearing in February of this year, the Committee heard testimony related to some major cost drivers in the health care system, including pharmaceuticals, hospital costs, and the effects of geographic location on contracting. The third, held in March of this year, served to educate members and the public about the effect of health care costs on consumers. This series of hearings examined policy solutions to control health care costs as millions of Californians obtain coverage under the Affordable Care Act (ACA). Testimony presented at the hearings illustrated the complexity of the health care market and the array of approaches to containing costs. In addition to expanded coverage, the author believes that, like past health care reform efforts, a long-term, comprehensive action agenda for California policymakers is necessary to ensure that health care costs are appropriate and health care premiums are affordable, especially given that the ACA contains a mandate for individuals to purchase coverage. The author states this bill is intended to help make available valid performance information to promote care that is safe, medically effective, patient-centered, timely, efficient, affordable and equitable. This bill seeks to put provider cost and performance information into the hands of consumers and purchasers so that they are able to understand their financial liability and SB 1159 Page 7 realize the best quality and value available to them. 2)All-Payer claims databases. According to the National Conference of State Legislatures, several states have established databases that collect health insurance claims information from all health care payers into a statewide information repository, referred to as "all-payer claims databases." An all-payer claims database is designed to inform cost containment and quality improvement efforts. Payers include private health insurers, Medicaid, children's health insurance and state employee health benefit programs, prescription drug plans, dental insurers, self-insured employer plans and Medicare. The databases contain eligibility and claims data (medical, pharmacy and dental) and are used to report cost, use and quality information. The data consist of "service-level" information based on valid claims processed by health payers. Service-level information includes charges and payments, the provider(s) receiving payment, clinical diagnosis and procedure codes, and patient demographics. To mask the identity of patients and ensure privacy, states usually encrypt, aggregate and suppress patient identifiers. 3)Existing California initiatives. In California, the California Healthcare Performance Information System (CHPI) is a voluntary physician performance database with statistical analysis that will eventually publish information online. According to the CHPI Web site, starting in 2015, output will be an analysis of claims data aggregated from more than 12 million patients enrolled in CHPI's three participating California health plans- Blue Shield, Anthem Blue Cross and United Healthcare, as well as Medicare. CHPI was federally certified to include data from Medicare's five million California beneficiaries, and became the first Qualified Entity to receive Medicare data. The University of California, San Francisco is working with the California CDI on a medical cost and quality transparency website. According to CDI, the Web site will report average prices paid for episodes of care or annual costs for chronic SB 1159 Page 8 conditions, as well as quality measures where available. Prices will be aggregated across payers and providers, and shown at the regional level based on the 19 California rating regions (some regions may need to be consolidated pursuant to the terms of the data license agreement). The Web site is expected to provide price information for 95 to 99 episodes of care or conditions. Five to 15 of those episodes or conditions will have both price and quality information as well as consumer education content created by Consumers Union. Quality information will consist of existing performance, appropriateness, and outcome measures. The Regional Cost and Quality Atlas is an interactive Web site to be released in Summer 2016 that will compare aggregated cost and quality data, by payer/product type (not individual payers), for each of 19 regions (the same regions that had been defined for Covered California). The project is a partnership between the Integrated Healthcare Association (IHA), the California Healthcare Foundation, and CHHSA. Working with large physician organizations and health plans, IHA developed a methodology for calculating risk-adjusted Total Cost of Care to be used as part of the Pay for Performance program. Plans submit detailed data files including claims and enrollment data to Truven Health Systems. Truven uses this detail to calculate actual payments to physician organizations for a set of enrollees divided by number of enrollees. Payments include professional services, pharmacy, hospital care, ancillary services, as well as payments made by consumers to cover cost-sharing amounts. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No According to Assembly Appropriations Committee: 1)The activities required here are not expected to result in significant additional state costs, as they are largely consistent with existing activities of CHHSA, funded by an SB 1159 Page 9 existing federal grant. CHHSA will incur minor costs to submit a legislative report by March 1, 2017. 2)It should be noted this bill does not explicitly require a database to be constructed, but it authorizes a study and related activities. Development of a database as contemplated here, if it were to be housed in the state, would result in General Fund cost pressure estimated in the low millions one-time for start-up costs and low millions ongoing, based on an analysis by Manatt Health Solutions of a California-specific database. Actual costs would be subject to numerous decisions about the business requirements of such a system, and could vary significantly depending upon existing capabilities of bidders, assuming the database implemented through a contract. This bill requires an analysis of potential funding sources to support the database. SUPPORT: (Verified8/23/16) California Labor Federation California Pan-Ethnic Health Network Consumers Union Health Access California OPPOSITION: (Verified8/23/16) None received ASSEMBLY FLOOR: 60-19, 8/23/16 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, Roger Hernández, Holden, Irwin, Jones-Sawyer, Kim, Levine, Linder, Lopez, Low, Maienschein, McCarty, Medina, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark SB 1159 Page 10 Stone, Thurmond, Ting, Waldron, Weber, Wilk, Williams, Wood, Rendon NOES: Achadjian, Travis Allen, Bigelow, Brough, Chávez, Dahle, Beth Gaines, Gallagher, Grove, Hadley, Harper, Jones, Lackey, Mathis, Mayes, Melendez, Patterson, Steinorth, Wagner NO VOTE RECORDED: Gray Prepared by:Melanie Moreno / HEALTH / (916) 651-4111 8/23/16 20:19:27 **** END ****