BILL ANALYSIS                                                                                                                                                                                                    



                                                          AB 88
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ASSEMBLY THIRD READING
AB 88 (Thomson)
As Amended February 24, 1999
Majority vote 

  HEALTH              10-3        APPROPRIATIONS      14-6        
  
 ----------------------------------------------------------------- 
|Ayes:|Gallegos, Aanestad,       |Ayes:|Migden, Cedillo, Davis,   |
|     |Corbett, Firebaugh,       |     |Hertzberg, Kuehl, Papan,  |
|     |Kuehl, Steinberg,         |     |Romero, Shelley,          |
|     |Thomson, Cedillo, Wayne,  |     |Steinberg, Thomson,       |
|     |Wildman                   |     |Wesson, Wiggins, Wright,  |
|     |                          |     |Aroner                    |
|     |                          |     |                          |
|-----+--------------------------+-----+--------------------------|
|Nays:|Baugh, Bates, Strickland  |Nays:|Brewer, Ashburn, Battin,  |
|     |                          |     |Pescetti, Maldonado,      |
|     |                          |     |Runner                    |
|     |                          |     |                          |
 ----------------------------------------------------------------- 
  SUMMARY  :  Requires a health care service plan (health plan)  
contract or disability insurance policy to provide coverage for  
severe mental illnesses, and for the serious emotional  
disturbances of a child.  Specifically,  this bill  : 

1)Requires every health plan or disability insurer contract  
  issued, amended, or renewed on or after January 1, 2000, that  
  provides hospital, medical, or surgical coverage, to provide  
  coverage for diagnosis and medically necessary treatment of  
  severe mental illnesses and for the serious emotional  
  disturbances of a child.  

2)Defines "severe mental illnesses" as including:

   a)   Schizophrenia;

   b)   Schizoaffective disorder;

   c)   Bipolar disorder (manic depressiveness);

   d)   Major depressive disorders;










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   e)   Panic disorder;

   f)   Obsessive-compulsive disorder;

   g)   Pervasive developmental disorder or autism;

   h)   Anorexia nervosa; and,

   i)   Bulimia nervosa.

3)Defines "serious emotional disturbances of a child" as one or  
  more mental disorders, other than substance abuse or  
  developmental disability, identified in the Diagnostic and  
  Statistical Manual of Mental Disorders.

4)Requires severe mental illness benefits to include outpatient  
  and inpatient services, hospital services, and prescription  
  drugs if a plan contract or insurance policy otherwise covers  
  prescription drugs.

5)Requires terms for maximum lifetime benefits, copayments and  
  deductibles to be applied equally to all benefits under a plan  
  contract or insurance policy.

6)Exempts specialized health plan contracts and insurance  
  policies, including Medicare supplement policies, and Medi-Cal  
  contracts from the requirements of this bill.

  EXISTING LAW  requires a health plan contract or disability  
insurance policy covering hospital, medical or surgical services  
to cover the diagnosis and treatment of specified physical  
conditions.
     
  FISCAL EFFECT  :  According to the Assembly Appropriations  
Committee analysis, the Public Employees Retirement System  
indicates a one-half of 1% premium increase that could occur  
would result in annual state costs of $1.6 million.

  COMMENTS  :   

1)The author intends this bill to prohibit discrimination  
  against people with biologically-based mental illnesses,  
  dispel scientifically unsound distinctions between mental and  









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  physical illnesses, and require equitable mental health  
  coverage among all plans and insurers to prevent adverse risk  
  selection.

2)At least 19 states require equitable coverage for mental  
  illnesses.  Benefits range from all mental illnesses, plus  
  chemical dependency, to covering only selected severe  
  illnesses.  This bill requires equitable coverage for selected  
  severe mental illnesses.

3)An April 1998 U.S. Department of Health and Human Services  
  report indicates that full parity for mental health and  
  substance abuse in managed care plans would increase premiums  
  less than 1%.

  In 1996, the Congressional Budget Office (CBO) projected  
  premium increases of 3.2% would result from mental health  
  parity, and increases of 4% would result from full parity  
  including chemical dependency coverage.  These findings are  
  disputed by the RAND Corporation, because the CBO projections  
  "did not incorporate any cost distinction between managed care  
  or fee-for-service care" and concluded the CBO projections  
  likely "overestimate the cost effects of parity legislation .  
  . . ."

4)The California Alliance for the Mentally Ill (CAMI), the  
  sponsor, argues that this bill would benefit employers by  
  improving worker productivity, reducing homelessness, and  
  lowering criminal justice costs. The California Psychiatric  
  Association (CPA) argues that nearly all health plans  
  discriminate against patients with brain disorders such as  
  schizophrenia, depression and manic depression.  The  
  California Psychological Association supports this bill in  
  concept, and is sponsoring SB 468 (Polanco), which would  
  require coverage for all mental illnesses. 

5)The California Association of Health Plans (CAHP) opposes this  
  bill unless amended.  CAHP is urging the author to exclude  
  individuals and small employers from the coverage requirements  
  in this bill.  The California Network of Mental Health Clients  
  is opposed to this bill unless amended to exclude coverage of  
  involuntary treatment. The Citizens Commission on Human Rights  
  (CCHR), established by the Church of Scientology to address  









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  psychiatric violations of human rights, argues this bill will  
  mandate dubious science, increase the ranks of the uninsured,  
  and provide a gateway to insurance fraud. 
  

Analysis Prepared by  :  Ann Blackwood / HEALTH / (916) 319-2097 


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