BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       SB 1159|
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                                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









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          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  








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            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.










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          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  








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                 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  








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            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  








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            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  








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            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  








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            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  








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            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  ****