BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 296
                                                                  Page  1

          Date of Hearing:   August 19, 2009 

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                 SB 296 (Lowenthal) - As Amended:  August 17, 2009  

          Policy Committee:                              Health Vote:18-0

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

           SUMMARY  

          This bill requires health plans and health insurers that provide  
          mental health services to issue patient identification cards by  
          July 1, 2011 and to increase the specificity and availability of  
          information provided on their websites. Specifically, this bill:

          1)Specifies the contents of the identification card and  
            clarifies that this bill does not require the issuance of a  
            separate card if this information is available on the  
            enrollee's card for health coverage in general. 

          2)Requires specified information to be provided on health plan  
            and insurer websites on or before January 1, 2012, including  
            contact numbers, formulary information, approval,  
            modification, or denial processes, provider listings,  
            grievance policies, and independent medical review  
            information. 

           FISCAL EFFECT  

          Absorbable workload of less than $50,000 fee-supported special  
          fund costs to DMHC and CDI, combined, to continue oversight of  
          health plans and health insurers. 

           COMMENTS  

           1)Rationale  . This bill is co-sponsored by the California  
            Psychiatric Association and the California Society for  
            Clinical Social Work to increase the availability of  
            information available to patients about mental health  
            services, including telephone contact information, network  
            access, and claims processing information. This bill adds to  








                                                                  SB 296
                                                                  Page  2

            earlier efforts by the author contained in SB 1553  
            (Lowenthal), Chapter 722, Statutes of 2008. SB 1553 requires  
            the web sites of health plans that provide coverage for  
            professional mental health services to include information for  
            subscribers, enrollees, and providers on accessing mental  
            health services.

           2)Recent Amendments  exempt Employee Assistance Programs (EAP)  
            from the requirements of the bill, clarify that mental health  
            carve-out plans are not required to issue an identification  
            card if the full-service health plan complies with the  
            requirements of this bill, and specify that a full-service  
            plan does not need to provide information on its website if it  
            provides a link to a mental health carve out plan that  
            provides the necessary information.  
           
          3)Mental Health Parity  . Under current law, California has had  
            partial mental health parity for specified conditions since AB  
            88 (Thompson), Chapter 524, Statutes of 1999. AB 88 requires  
            treatment parity for "serious mental illness" (SMI) such as  
            schizophrenia, autism, and anorexia nervosa. Under current  
            law, less serious mental health issues are subject to  
            utilization controls such as annual caps on number of visits  
            and patient co-payments that exceed co-payments for other  
            medical treatment. 

           4)Related Legislation  . AB 244 (Beall), pending in the Senate,  
            requires health plans and health insurers to provide coverage  
            for mental health and substance abuse treatment under the same  
            terms and conditions as other medical conditions, creating  
            parity between these and other health conditions.


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