BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 786
                                                                  Page  1

          Date of Hearing:   May 20, 2009 

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                    AB 786 (Jones) - As Amended:  April 22, 2009  

          Policy Committee:                              Health Vote:13-6

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill requires the California Department of Managed Care  
          (DMHC) and the California Department of Insurance (CDI) to  
          develop a system to categorize all individual health coverage  
          products. Specifically, this bill: 

          1)Requires DMHC and CDI to develop by September 1, 2010, via  
            regulations, a system to categorize all individual health plan  
            and health insurance policies and related notices related to  
            categorized plans. Requires the establishment of four standard  
            categories and an additional category for specified  
            CDI-regulated policies. 

          2)Establishes characteristics of a standardized system which  
            should include and address:

             a)   A continuum of coverage
             b)   Reasonable benefit variation
             c)   Consistent enforcement between regulators
             d)   A standard health maintenance organization (HMO) product  
               and a standard preferred provider organization (PPO)  
               product in each category
             e)   A maximum limit on out-of-pocket (OOP) costs within each  
               coverage category
             f)   Standard terminology 
             g)   Midpoint reference points for each of the coverage  
               categories
             h)   Feedback from the California Health Benefits Review  
               Program, administered by the UC

          3)Requires health plans and insurers to submit to DMHC and CDI  
            by April 2011 all individual health plans they would like to  








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            sell and requires annual reporting by regulators about  
            subsequent enrollments. 

           FISCAL EFFECT  

          Annual fee-supported special fund costs of $1 million, combined,  
          to the DMHC and CDI to establish the system to categorize all  
          individual health coverage into standard categories and continue  
          oversight of the provisions established by this bill.  

           COMMENTS  

           1)Rationale  . This bill is sponsored by Health Access and  
            provides standardized information about insurance coverage in  
            the individual market to help consumers determine costs and  
            benefits relative to a dizzying array of choices. Currently,  
            there are more than 100 health plan or insurer products in the  
            individual market in California. According to the author,  
            consumers are forced to decide what to purchase with no  
            transparent or uniform way to choose from products.  

           2)The Individual Market  . While most Californians receive health  
            coverage via employer-sponsored plans or public programs such  
            as Medi-Cal or Healthy Families, approximately three million  
            individuals purchase health coverage in the individual  
            insurance market, which has distinctly different rules than  
            either the small employer or large employer group insurance  
            markets. Medical underwriting and diversity in product  
            offerings in the individual market translates to widely  
            varying benefit packages and premiums. Cost comparisons are  
            more central to health access issues in the individual market  
            than in the group insurance market. 

          According to recent research published by the California  
            HealthCare Foundation, annual out-of-pocket costs of some  
            common insurance products in the individual market range from  
            $500 to $2,400, depending on if the consumer is enrolled in an  
            HMO product or a PPO product, with total annual expenditures  
            (including premiums) ranging from $3,600 to $6,500. This bill  
            reduces the wide variability into narrower ranges with more  
            clearly defined trade-offs between costs and benefits of  
            various products. 
           
          3)Concerns  .  The California Association of Health Plans (CAHP)  
            opposes this bill. CAHP indicates required uniformity could  








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            negatively impact the ability of health plans to provide  
            flexible products at affordable prices. 
           
          4)Related Legislation  . AB 1522 (Steinberg) in 2008 was similar  
            to this bill and failed passage on the Assembly Floor.  

           Analysis Prepared by  :    Mary Ader / APPR. / (916) 319-2081