BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1201 
                                                                  Page  1

          Date of Hearing:   May 13, 2009 

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

              AB 1201 (V. Manuel Perez) - As Amended:  April 28, 2009  

          Policy Committee:                              Health Vote:12-1

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill expands provisions established by SB 168 (Speier),  
          Chapter 845, Statutes of 2000 and requires health plans and  
          insurers (carriers) to reimburse physicians for childhood  
          vaccinations according to specified conditions. Specifically,  
          this bill: 

          1)Requires carriers to reimburse physicians and physician groups  
            at actual cost plus an administrative fee. 

          2)Defines actual cost to include the invoiced purchase price  
            plus reasonable costs associated with shipping, handling, and  
            insurance. Requires the administrative cost to be at least as  
            much as the amount paid according to Medicare fee schedules. 

          3)Establishes contract prohibitions regarding cost sharing by  
            patients and immunization benefits with regard to health plan  
            cost limits. 

           FISCAL EFFECT  
                 
          1)Increased premium pressures of at least $5 million (33% GF) in  
            the Healthy Families Program (HFP). Additional unknown  
            pressures greater than $5 million (50%-100% GF) in Medi-Cal  
            and CalPERS health benefit premium pricing. The most direct  
            fiscal impact would be in HFP because that program has the  
            greatest concentration of beneficiaries receiving pediatric  
            immunizations. Under current law, HFP serves 900,000 children  
            at an annual cost of $1 billion (33% GF). The HFP estimate  
            assumes a one-half of one percent increase in HFP premium  
            pressures, or an increase of 50 cents per month per child. In  
            the current year, HFP costs are $120 per member per month.  








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          2)Pediatric vaccines in Medi-Cal are funded by the federal  
            government by the Vaccines for Children Program (VFC) (100%  
            federal). California pays an administrative cost of $9 (50%  
            GF) per vaccine in the VFC. It is unclear how Medi-Cal  
            pricing, with respect to costs or administrative fees,  
            established by this bill would impact costs or access to  
            immunizations.  Pricing impacts associated with this bill are  
            also less distinct because Medi-Cal costs are largely driven  
            by a cohort of high-cost adults. Healthy children do not drive  
            costs in a program with 7 million enrollees. 

          3)Per prior testimony, a number of terms in this bill may lead  
            to unintended pricing and administrative workload for  
            immunization suppliers, providers, and health plans and  
            insurers. The pricing established by the bill appears  
            open-ended for administrative costs, for example: "reasonable  
            cost associated with shipping, handling, insurance, and  
            storage" provides no upper limit. In addition, administrative  
            pricing between Medi-Cal and this bill are of particular  
            concern. According to one local Medi-Cal managed care plan,  
            this bill would increase a per vaccine administrative cost  
            from $9 to Medicare's $21. 

           COMMENTS  

           1)Rationale  .  This bill is co-sponsored by the California  
            Medical Association (CMA), the American Academy of Pediatrics,  
            and the California Academy of Family Physicians. According to  
            the sponsors, health officials are concerned that there will  
            be an exodus by doctors providing pediatric immunization due  
            to low reimbursements. For example, in the 1980s, immunization  
            reimbursement problems lead to a drop in immunization rates  
            that contributed to a resurgence of measles that caused 11,000  
            hospitalizations and 120 deaths. 

          The sponsors indicate the capitation rate paid by health plans  
            to pediatricians does not cover the full cost of acquiring and  
            administering children's vaccines. Current law requires health  
            plans to offer benefits for children's comprehensive  
            preventive care, including recommended immunizations, and  
            requires the costs of new vaccines to be considered in the  
            contracted rate. This bill goes several steps further to  
            require pediatric immunizations to be a distinctly priced  
            service with respect to direct and indirect costs.  








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           2)Immunization Costs  . The cost and number of immunizations have  
            risen steadily, with three new vaccines added in the last four  
            years.  The current cost of fully immunizing a child is about  
            $400, and may increase to $630 if a new pneumonia vaccine  
            recently approved by the federal Food and Drug Administration  
            is added to the list of recommended childhood vaccines.  

            According to the author, when the capitation rate is  
            inadequate, the pediatrician is financially penalized for  
            promoting good public health practices. A survey completed by  
            CMA 10 years ago identified a cumulative shortfall of $300 per  
            patient for the costs of immunizations. According to the  
            sponsors, this problem has only worsened over the past decade.  
            This bill may reduce cost shifting of the financial burden of  
            vaccines to physicians and move the risk back to the health  
            plans and insurers.  

           3)Concerns  . Health plans and insurers oppose this bill due to  
            ambiguous pricing terms that could lead to significant cost  
            increases that would lead to premium pressures. In addition,  
            health plan are concerned about the movement away from  
            capitated rates, a key feature of managed care. 

           4)Related Legislation  . SB 168 (Speier), Chapter 845, Statutes of  
            2000 prohibits a risk-based contract from requiring a  
            physician or medical group to assume financial risk for the  
            acquisition costs of required immunizations for children as a  
            condition of accepting the risk-based contract.  


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