BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2093
                                                                  Page  1

          Date of Hearing:   April 28, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

            AB 2093 (V. Manuel Perez) - As Introduced:  February 18, 2010 

          Policy Committee:                              Health Vote:15-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill increases payment by health plans and insurers  
          (carriers) for pediatric immunizations provided to privately  
          insured children by establishing reimbursement according to a  
          fee schedule and physician overhead costs. Specifically, this  
          bill:

          1)Requires a carrier that covers childhood and adolescent  
            immunizations to reimburse a physician or physician group in  
            an amount not less than the actual cost of acquiring the  
            vaccine plus the cost of administration of the vaccine.  

          2)Requires a health plan to reimburse a physician or physician  
            group in an amount not less than the actual cost of acquiring  
            the vaccine plus the cost of administration of the vaccine for  
            immunizations that are not part of a current contract,  
            including, but not limited to, immunizations in the most  
            current versions of the Recommended Childhood and Adolescent  
            Immunization Schedules jointly approved by the federal  
            Advisory Committee on Immunization Practices, the American  
            Academy of Pediatrics, and the American Academy of Family  
            Physicians.

          3)Defines actual cost of acquiring the vaccine as the  private  
            sector cost per dose, as published on the most current  
            Pediatric Vaccine Price List of the federal Centers for  
            Disease Control and Prevention (CDC), plus reasonable costs  
            associated with shipping and handling. 

          4)Defines the cost of administration of the vaccine to include  
            physician time, clinical staff time, and office staff time, as  
            well as other practice expenses associated with providing the  








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            immunization such a storage, insurance, supplies, and medical  
            equipment. Requires reimbursement to be an amount not less  
            than that specified in the most current annual Medicare  
            physician fee schedule.

          5)Exempts Medi-Cal and the Healthy Families Program from #1) but  
            not #2), above. 

           FISCAL EFFECT  
                 
          1)GF costs and cost pressures of $500,000 to $1 million to  
            CalPERS for increased pediatric immunizations. This estimate  
            assumes increased costs for children enrolled in  
            state-supported health plans. Some of these children are in  
            managed care plans while others are in plans for which the  
            state pays dollar-for-dollar for increased treatment costs. 

          2)Periodic GF costs and cost pressures of more than $5 million  
            to increase payment on behalf of the several million children  
            enrolled in Medi-Cal and the Healthy Families Program due to  
            the secondary provision of this bill. According to one local  
            Medi-Cal managed care plan, this bill would increase a per  
            vaccine administrative cost from $9 to Medicare's $21.

          3)Increased premium pressures across the private insurance  
            market of millions of dollars. This bill would apply to  
            approximately 5 million privately insured children. The  
            American Academy of Pediatrics (AAP) estimates the cost to  
            providers to acquire vaccines is 17% to 18% above the price of  
            the vaccine itself. AAP research shows a need for increases in  
            some vaccine reimbursement of 50%. Because this bill  
            establishes minimums, but no maximums, premium pressures could  
            be substantial. In addition, for self-funded employers,  
            increased costs will sometimes mean dollar-for-dollar  
            increases. 

          4)The administrative fee minimum established by this bill ranges  
            from $10 to $20. Actual total cost increases could be  
            susbtantial as the bill does not establish or define a maximum  
            reimbursement level for either the administrative fee or the  
            reasonable costs for shipping and handling. 

          5)This bill's main pricing provision does not address 30% of  
            children statewide with public coverage in Medi-Cal or the  
            Healthy Families Program. The sponsors of the bill indicate  








                                                                  AB 2093
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            this bill addresses access problems privately insured children  
            may face if physicians start dropping pediatric immunization  
            due to cost issues. It is assumed the same access may exist in  
            the publicly funded health care market, but this bill fails to  
            address possible access issues for low-income children. 

           COMMENTS  

           1)Rationale  .  This bill is co-sponsored by the California  
            Medical Association (CMA) 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. 

          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.  

           2)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 plans are concerned about the movement away from  
            capitated rates, a key feature of managed care. 

           3)Related Legislation  . AB 1201 (V.M. Perez) in 2009 was similar  
            to this bill and was held on the Suspense File of this  
            committee. AB 1201 did not exempt Medi-Cal and the Healthy  
            Families Program from the bill's pricing requirements. 

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