BILL ANALYSIS                                                                                                                                                                                                    




                                                                  SB 810
                                                                  Page A
          Date of Hearing:   June 29, 2010

                            ASSEMBLY COMMITTEE ON HEALTH
                              William W. Monning, Chair
                    SB 810 (Leno) - As Amended:  January 13, 2010

           SENATE VOTE :  22-14
           
          SUBJECT  :  Single-payer health care coverage.

           SUMMARY  :  Creates the California Healthcare System (CHS), a  
          single payer health care system, administered by the California  
          Healthcare Agency (CHA), to provide health insurance coverage to  
          all California residents.  States that CHS would become  
          operative when the Secretary of Health and Human Services  
          determines the Healthcare Fund (Fund) has sufficient revenues to  
          implement this bill.  Specifically,  this bill  : 

          1)Establishes CHS in state government, to be administered by the  
            CHA, an independent agency under the control of the Healthcare  
            Commissioner (Commissioner).

          2)Prohibits any health care service plan or health insurance  
            policy, except for CHS, from being sold in California for  
            services provided by CHS.

           Governance 
           
          3)Provides for a Commissioner, appointed by the Governor and  
            confirmed by the Senate, to be the chief officer of CHS and to  
            administer all aspects of the CHA.

          4)Gives the Commissioner broad powers to establish CHS budget,  
            goals, standards, and priorities; set rates; and, perform  
            other duties as specified.

          5)Establishes conflict-of-interest rules for the Commissioner. 

          6)Requires the Commissioner to oversee the establishment of:

             a)   The Healthcare Policy Board (Board), to set system goals  
               and priorities, determine the scope of services provided,  
               and determine when a change in premium structure is needed;
             b)   The Office of Patient Advocacy, headed by a patient  
               advocate;









                                                                  SB 810
                                                                  Page B
             c)   The Office of Health Planning, to plan for the short-  
               and long-term health needs of California; 
             d)   The Office of Health Care Quality, to support the  
               delivery of high quality care and promote provider and  
               patient satisfaction;
             e)   The Fund within the State Treasury, to be administered  
               by a director  appointed by the Commissioner;
             f)   The Public Advisory Committee, to advise the Board on  
               all matters of health insurance system policy;
             g)   The Payments Board, to establish and supervise a uniform  
               payments system and compensation plan for providers and  
               managers; and,
             h)   Partnerships for Health, to improve health through  
               community health initiatives, support the development of  
               innovative means to improve care quality, promote  
               efficient, coordinated care delivery, and educate the  
               public, as specified.

          7)Directs the Commissioner to carry out numerous duties,  
            including establishing the CHS budget; set goals, standards,  
            and priorities for the system; set rates, fees, and prices;  
            establish a CHS enrollment system, systems for electronic  
            referral, medical records, claims, and reimbursement;  
            establish a prescription drug and durable medical equipment  
            formulary, and health planning regions; determine the  
            appropriate levels for a reserve fund for the system; appoint  
            specified officers and directors within the system; implement  
            specified cost control measures; oversee measures to ensure  
            quality of care; and, seek to secure a repeal or waiver of any  
            federal law provisions that would preempt any part of the  
            bill.

          8)Establishes in the Office of the Attorney General an Office of  
            the Inspector General for CHS with broad powers to  
            investigate, audit, and review the financial and business  
            records of individuals and entities that provide services or  
            products to the system and are reimbursed by the system. 

          9)States that the operative date of this bill, except for  
            provisions related to the California Healthcare Premium  
            Commission (CHPC), shall be the date that the Secretary of  
            Health and Human Services notifies the Legislature that he or  
            she has determined that the Fund will have sufficient revenues  
            to fund the costs of implementing this bill.  Requires CHS to  
            be operative within two years of the operative date of this  









                                                                  SB 810
                                                                  Page C
            bill.  Prohibits any state entity from incurring any  
            transition or planning costs prior to the operative date of  
            this bill.  

          10)   States that the activities of the CHPC are not subject to  
            9) above, and that provisions in this bill related to CHPC  
            become operative on January 1, 2011.

          11)   Requires the Commissioner to:

             a)   Assess health plans and insurers for care provided by  
               CHS if private coverage extends into the CHS' operational  
               time;
             b)   Implement a means to assist persons displaced from  
               employment as a result of the CHS;  
             c)   Appoint a transition advisory group whose duties include  
               recommending how to integrate health care delivery services  
               and responsibilities of several state departments into CHS;
             d)   Establish up to 10 CHS regions composed of contiguous  
               counties grouped according to utilization patterns, health  
               care resources, health needs, geography, and population;  
               and, 
             e)   Appoint a regional planning director for each region to  
               administer health insurance regions with duties as  
               specified.

          12)   Requires regional medical officers to administer all  
            aspects of the regional office of health care quality with  
            duties as specified.

          13)   Requires each region to have a regional health planning  
            board consisting of 13 members appointed by the regional  
            planning director in order to advise and make recommendations  
            to the regional planning director on all aspects of regional  
            health policy.



           BUDGETING AND FINANCING  

          14)Establishes the Fund within the State Treasury, administered  
            by a director that is appointed by the Commissioner, into  
            which funds would be deposited to support CHS costs.  Requires  
            all claims for health care services rendered pursuant to the  
            system to be submitted to the Fund via an electronic claims  









                                                                  SB 810
                                                                  Page D
            and payment system.  
           
          15)Requires the Fund director to establish a system account to  
            provide for all annual expenditures on health care, and a  
            reserve account to maintain a reserve sufficient to provide  
            for the payment for all losses and claims for which the system  
            may be liable.  

          16)Requires the Fund director to immediately notify the  
            Commissioner when trends indicate that expenditures for the  
            system may exceed revenues and to immediately notify the  
            Legislature and the public regarding the possible need for  
            cost control measures.  Specifies the types of cost control  
            measures the Commissioner could implement, including changes  
            in the system of health facility administration that improve  
            efficiency, postponement of introduction of new benefits or  
            benefit improvements, imposition of co-payments and  
            deductibles under specified circumstances, imposition of an  
            eligibility waiting period if the commissioner determines that  
            people are immigrating to the state for the purpose of  
            obtaining health care through the system, and others as  
            specified.  

          17)Permits specified cost control measures may be followed at  
            the regional level, if the Commissioner or regional planning  
            director determines that regional revenue and expenditure  
            trends indicate a need for regional cost containment.

          18)Requires, if the Budget Act has not been enacted by June 30th  
            of any year, all moneys in the reserve account of the Fund to  
            be used to implement the bill's provisions until funds became  
            available through the Budget Act.  Requires the State  
            Controller to make one or more General Fund loans to the fund  
            for the purpose of making payments for health care goods and  
            services, if the reserve funds are exhausted. 

          19)Requires the Commissioner to establish a budget for all  
            expenditures, specifying a limit on total annual state  
            expenditures and establish regional allocations to cover a  
            three-year period.  Requires the Commissioner to limit the  
            growth of spending on a statewide and regional basis with  
            reference to average growth in state domestic product across  
            multiple years, population growth, advances in technology, and  
            other factors.  Requires the Commissioner to adjust the budget  
            so that aggregate spending for the state would not exceed  









                                                                  SB 810
                                                                  Page E
            spending by more than 5%.  

          20)Requires the Commissioner to project the system's revenues  
            and expenditures pursuant to specified factors, and to  
            establish specified budgets for various components of the  
            health care system and shall include various adjustments  
            including cost-of-living differences between regions, health  
            risk of enrollees, workforce development needs, and projected  
            savings due to improved access and efficiency of care  
            delivery, among other variables.

          21)Requires the Commissioner to seek necessary approval so that  
            all current federal payments for health care are paid directly  
            to CHS, which would then assume responsibility for all  
            benefits and services paid by the federal government with  
            those funds.  Requires the Commissioner to establish formulas  
            for equitable contributions to CHS from counties and other  
            local government agencies.
          22)Provides that the system would be secondarily responsible for  
            providing care, to the extent that the federal, state, or  
            county programs are not transferred to the system.  Requires  
            CHS to cover the Medicare share of cost expenses to the extent  
            that the Commissioner obtains authorization to incorporate  
            Medi-Cal or Medicare revenues into the Fund.  

          23)Permits, until a single public payer for all health care in  
            the state is established, health care costs to continue to be  
            collected by "collateral sources" including insurance  
            policies, health plans, employers, employee benefit contracts,  
            government benefit programs, judgments for damages, and any  
            liable third party.

           CALIFORNIA HEALTHCARE PREMIUM COMMISSION  

          24)   Establishes the CHPC, composed of 21 members, including 11  
            elected and appointed state officials, three health  
            economists, and seven representatives of business, labor, and  
            non-profit universal health care and taxation policy  
            organizations.

          25)   Requires the CHPC to develop an equitable and affordable  
            premium structure that will generate adequate revenue for the  
            Fund and ensure stable and actuarially sound funding for the  
            health insurance system that satisfies the following criteria:










                                                                  SB 810
                                                                  Page F
             a)   Be means-based and generate adequate revenue to  
               implement this bill;
             b)   To the greatest extent possible, ensure that all income  
               earners and all employers contribute a premium amount that  
               is affordable and that is consistent with existing funding  
               sources for health care in California;
             c)   Maintain the current ratio for aggregate health care  
               contributions among the traditional health care funding  
               sources, including employers, individuals, government, and  
               other sources;
             d)   Provide a fair distribution of monetary savings achieved  
               from the establishment of a universal health care system;
             e)   Coordinate with existing, ongoing funding sources from  
               federal and state programs;
             f)   Be consistent with state and federal requirements  
               governing financial contributions for persons eligible for  
               existing public programs; 
             g)   Comply with federal requirements; and,
             h)   Include an exemption for employers and employees who are  
               subject to a collective bargaining agreement and  
               participate in a Taft-Hartley Trust Fund that pays the  
               employer and employee share of the premium to the Fund.

          26)   Requires the CHPC, on or before January 1, 2013, to submit  
            a detailed recommendation for a premium structure to the  
            Governor and the Legislature, and, at least 90 days prior to  
            that submission, to make a draft recommendation available for  
            public comment.

           GOVERNMENT PAYMENTS

           27)   Requires the Commissioner to seek necessary approval so  
            that all current federal payments for health care are paid to  
            CHS, which would then assume responsibility for all benefits  
            and services paid by the federal government with those funds.   
            Requires the Commissioner to seek all necessary waivers or  
            agreements so that all current state payments for health care  
            are paid directly to CHS.

          28)   Requires the Commissioner to establish formulas for  
            equitable contributions to CHS from counties and other local  
            government agencies.

          29)   Provides that the CHS be secondarily responsible for  
            providing health care to the extent that the federal, state,  









                                                                  SB 810
                                                                  Page G
            or county programs are not transferred to the CHS.

          30)   Requires the CHS to incorporate Medi-Cal and Medicare  
            payments, including premiums, copays, and deductibles, to the  
            extent that the Commissioner obtains authorization to do so.

           FEDERAL PREEMPTION
           
          31)   Requires the Commissioner to seek all reasonable means to  
            secure a repeal or waiver of any provision of federal law that  
            preempts any part of this bill and, in the event that  
            preemption is not waived, requires the Commissioner to  
            promulgate conforming regulations.

          32)   Requires that employees, entitled to health benefits under  
            a contract that under federal law preempts provisions of this  
            bill, seek benefits under that contract before receiving  
            benefits from CHS.

           Subrogation

           33)   Requires, until the time that the roll of all other payers  
            for health care have been terminated, that health care costs  
            be collected from collateral sources when services are  
            provided under a private insurance policy or other collateral  
            source.

          34)   Defines "collateral sources" to include insurance  
            policies, health plans, employers, employee benefit contracts,  
            government benefit programs, judgments for damages, and any  
            liable third party, and to exclude a federally preempted  
            contract or any service prohibited from subrogation by federal  
            law. 

           Eligibility 

           35)   Deems all California residents eligible for CHS, and bases  
            residency on physical presence in the state with the intent to  
            reside.  States that it is the intent of the Legislature for  
            CHS to provide health care coverage to state residents who are  
            temporarily out of the state, as specified.

          36)   Requires visitors to the state who receive care under CHS  
            to be billed for all services rendered.










                                                                  SB 810
                                                                  Page H
          37)   Deems individuals who are eligible for health benefits  
            from California employers but working in another jurisdiction  
            to be eligible for benefits under CHS if they make certain  
            payments.

          38)   Requires that individuals who arrive at a health facility  
            unable to document eligibility because of physical or mental  
            conditions be deemed eligible for services under CHS.

          39)   Requires the Commissioner to establish an eligibility  
            waiting period and other criteria needed to ensure the fiscal  
            stability of CHS if there is an influx of people into the  
            state for the purposes of receiving medical care.

           Benefits 

           40)   Allows any eligible individual to receive services under  
            CHS from any willing professional health care provider.

          41)   Provides that covered benefits include all care determined  
            to be medically appropriate by the consumer's health care  
            provider.

          42)   Provides that covered benefits include, but are not  
            limited to, all of the following:

             a)   Inpatient and outpatient health facility services;
             b)   Inpatient and outpatient professional health care  
               provider services by licensed health care professionals;
             c)   Diagnostic imaging, laboratory services, and other  
               diagnostic and evaluative services;
             d)   Durable medical equipment including prosthetics,  
               eyeglasses, and hearing aids and their repair;
             e)   Rehabilitative care;
             f)   Emergency transportation and necessary transportation  
               for health care services for disabled in indigent persons;
             g)   Language interpretation and translation for health care  
               services; 
             h)   Child and adult immunizations and preventive care;
             i)   Health education;
             j)   Hospice care;
             aa)   Home health care;
             bb)   Prescription drugs listed on the formulary;
             cc)   Mental and behavioral health care;
             dd)   Dental care;









                                                                  SB 810
                                                                  Page I
             ee)   Podiatric care;
             ff)   Chiropractic care;
             gg)   Acupuncture;
             hh)   Blood and blood products;
             ii)   Emergency care products;
             jj)   Vision care;
             aaa)         Adult day care;
             bbb)         Case management and coordination to ensure  
               services necessary to enable a person to remain in the  
               least restrictive setting;
             ccc)         Substance abuse treatment;
             ddd)         Care of up to 100 days in a skilled nursing  
               facility following hospitalization;
             eee)         Dialysis;
             fff)         Benefits offered by a bona fide church, sect,  
               denomination, or organization whose principles include  
               healing entirely by prayer or spiritual means;
             ggg)         Chronic disease management;
             hhh)         Family planning services and supplies; and,
             iii)         Early and periodic screening, diagnosis, and  
               treatment, as specified, for persons less than 21 years of  
               age.

          43)   Permits the Commissioner to expand benefits beyond the  
            minimum outlined above when expansion meets the intent of this  
            bill and can be sufficiently funded.

          44)   Excludes the following services from coverage by CHS:
             a)   Health care services determined by the Commissioner and  
               chief medical officer to have no medical indication;
             b)   Services primarily for cosmetic purposes, as specified;
             c)   Private rooms in inpatient health facilities; and,
             d)   Services of a provider or facility that is not licensed  
               by the state.

           Delivery of care

           45)   Permits all licensed and accredited health care providers  
            in the state to participate in CHS. Prohibits a provider from  
            refusing to care for a patient solely on the basis of  
            discrimination that is prohibited by the Fair Employment and  
            Housing Act.

          46)   Permits individuals to select a primary care provider, as  
            specified, and permits women to select an  









                                                                  SB 810
                                                                 Page J
            obstetrician-gynecologist in addition to a primary care  
            provider.  Permits a specialist to serve as a primary care  
            provider if the patient and the provider agree to this  
            arrangement and if the provider agrees to ensure the patient's  
            care is coordinated.

          47)   Requires individuals enrolling in integrated health care  
            systems, group medical practices, or essential community  
            providers that offer comprehensive services to retain  
            membership for at least one year after an initial three month  
            evaluation period, during which they can withdraw at any time.

          48)   Requires patients to have a referral from a primary care  
            or emergency care provider, or obstetrician-gynecologist, to  
            see a specialist, but not to see a dentist, ophthalmologist or  
            optometrist for a routine vision exam.  Permits a patient to  
            see a specialist without a referral if the patient agrees to  
            pay the cost of care, or a copayment, if implemented by the  
            Commissioner.  Permits a patient to appeal the denial of a  
            referral through the dispute resolution mechanism established  
            by the Commissioner.

          49)   Permits the Commissioner to establish financial  
            arrangements with medical providers in other states and  
            foreign countries in order to facilitate coverage for  
            California residents who are temporarily out of the state.

          50)   Permits a patient, during the first six months of CHS  
            operation, to see a specialist provider without referral, if  
            the patient had been receiving care from that specialist prior  
            to CHS.

          51)   Assigns the director of the Office of Health Planning  
            various duties, including establishing performance criteria  
            for health care goals, assisting health care regions in  
            developing operating and capital budgets, and estimating the  
            health care workforce and facilities required to meet the  
            needs of the population.

          52)   Requires the Office of Health Care Quality to be headed by  
            the chief medical officer and to establish processes for  
            measuring the quality of care delivered in the health  
            insurance system.

          53)   Assigns various duties to the chief medical officer,  









                                                                  SB 810
                                                                  Page K
            including establishing evidence-based standards of care for  
            CHS and implementing systems to measure quality of care and  
            correct quality of care problems.

          54)   Requires the patient advocate, in consultation with the  
            chief medical officer, to do all of the following:
             a)   Establish a grievance system;
             b)   Establish an independent medical review system to act as  
               an independent, external process to provide timely  
               examinations of disputed health care services and coverage  
               decisions, as specified;
                                                                                      c)   Publicize information concerning the rights of  
               enrollees, including the right to request an independent  
               medical review; and,
             d)   Expeditiously review requests for independent medical  
               reviews and to immediately notify enrollees whether the  
               request has been approved.

           EXISTING LAW  does not provide a system of universal health care  
          coverage for California residents.  Provides for the creation of  
          various programs to provide health care services to persons who  
          have limited incomes and meet various eligibility requirements.   
          These programs include the Healthy Families Program administered  
          by the Managed Risk Medical Insurance Board, and the Medi-Cal  
          Program administered by the Department of Health Care Services.   
          Provides for the regulation of health care service plans by the  
          Department of Managed Health Care and health insurers by the  
          Department of Insurance.

           FISCAL EFFECT  :  According to the Senate Appropriations Committee  
          analysis:  

                            Fiscal Impact (in thousands)

           Major Provisions         2010-11      2011-12       2012-13     Fund
                                                                  
          Premium Commission       $0     hundreds of thousands toGeneral/
                                          millions of dollars  
          beginningPrivate
                                          in fiscal year (FY) 2011-2012 
                                          through FY 2012-2013 ongoing
                                          costs unknown

          CHS Implementation                Major implementation cost  
          pressure of              General









                                                                  SB 810
                                                                  Page L
                                        at least $200 billion annually and  
          ongoing
                                        likely starting in the latter half  
          of FY 2012-2013 

          California-specific analyses of single payer proposals have been  
          completed of SB 921 (Kuehl), and SB 840 (Kuehl), both of which  
          were previous single payer proposals containing provisions  
          nearly identical to those in this bill, as well as of SB 1014  
          (Kuehl), a companion to SB 840, which would have imposed taxes  
          on employer payroll, employee wages, and other self-employed or  
          non-wage income, in order to generate revenues to help fund the  
          proposed single payer system. 

          In 2005, the Lewin Group, an independent health care policy and  
          research firm, published an analysis of SB 921 finding that  
          total health spending for California residents under the current  
          system was about $184.2 billion in 2006, and that the proposed  
          single payer program would achieve universal coverage while  
          reducing total spending in the state by a net $7.9 billion.  The  
          analysis stated that this savings would be realized by reducing  
          administrative costs within the current system, and savings from  
          bulk purchasing of prescription drugs and durable medical  
          equipment.  The Lewin Group analysis anticipated a substantial  
          increase in utilization as a result of universal coverage and  
          access, but found that the increased utilization would be  
          substantially offset by roughly $20 billion in administrative  
          savings and $5.2 billion in bulk purchasing savings. 

          The Lewin Group analysis stated that the proposed single payer  
          system would constrain growth in future spending to match growth  
          in the state gross domestic product, expected to be about 5.14%  
          annually through 2015.  By 2015, the analysis found that health  
          care spending under the single payer program would be about  
          $68.9 billion less than projected spending under the current  
          health care system.  The analysis stated that total savings over  
          the 2006 through 2015 period would be $343.6 billion, with  
          savings to state and local governments over this ten-year period  
          of about $43.8 billion.

          The Legislative Analyst's Office (LAO) published an analysis of  
          SB 840 in May 2008.  The LAO reviewed and updated the Lewin  
          analysis with respect to single payer costs and revenues, and  
          estimated annual costs of $210 billion in 2011, growing to $252  
          billion in 2015.  Additionally, the LAO forecast of costs and  









                                                                  SB 810
                                                                  Page M
          revenues over the 2011-2015 period showed an estimated annual  
          shortfall, with costs outpacing revenues by $42 billion in 2011  
          and $46 billion in 2015.  One-half of the shortfall was due to  
          updated medical cost data over the 2006-2011 period.  Another  
          40% of the shortfall was attributed to California-specific and  
          actual wage data, resulting in lower revenues than the Lewin  
          report had assumed.  The Lewin report relied on national survey  
          data rather than actual California data. The remaining 10% of  
          the shortfall highlighted by the LAO was due to the assumed  
          costs of funding a reserve, a difference in the availability of  
          local funding, costs for administration, health care utilization  
          changes, and costs of drug purchasing. 

          According to the LAO, payroll taxes for employer and employees  
          would need to be 16%, combined, for the single payer costs and  
          revenues to balance at the start of the forecast period. These  
          taxes are higher than the 12% combined taxation rate that was  
          proposed in SB 1014. 

           COMMENTS  :   

           1)PURPOSE OF THIS BILL  .  According to the author, this bill is  
            needed because existing law has led to a highly fragmented  
            health finance and delivery system that is administratively  
            complex and clinically wasteful, leading to billions of  
            dollars being diverted annually away from direct medical care  
            and driving unaffordable premium increases.  According to the  
            author, this bill would establish a more efficient finance and  
            delivery system in order to afford universal coverage while  
            stabilizing health care spending.

            The author notes that health care costs continue to  
            significantly outpace overall economic growth and cites this  
            as a significant contributor to the nation's overall economic  
            recession, rising budgetary deficits, job loss, and medical  
            bankruptcy.  The author states that existing law provides no  
            mechanism for containing health care spending without  
            significant reductions in quality and access for consumers.   
            Absent a single payer model of health care financing, the  
            author states that growth in health care spending is rapidly  
            surpassing our ability to afford current levels of benefits or  
            to add new benefits related to technological improvements.  

            The author states that, with the passage of federal health  
            reform, the establishment of a single payer model of health  









                                                                  SB 810
                                                                  Page N
            care is particularly critical because the economic pressures  
            of rising health care costs will no longer have an escape  
            valve of rising uninsurance or lowered benefits.  Taxes that  
            fund public programs, and wages that fund mandatory private  
            insurance, will both grow much more slowly than rising health  
            insurance premiums.  Thus, the author states that the urgency  
            for effective cost containment will substantially increase  
            under federal health reform and necessitate movement toward a  
            single payer finance model.

            The author states that a single payer model of health care  
            financing has been demonstrated to contain health care  
            spending while providing universal coverage through reduced  
            administrative overhead and more effective use of consumer  
            purchasing power.  The author cites that the United States  
            leads the world in health care spending at about $7,700 per  
            person per year on average, more than twice the average in  
            other industrialized countries.  Despite our high level of  
            spending, the U.S. ranks 37th in population-based health  
            outcome measurements according to the World Health  
            Organization, well below the rankings of all other  
            industrialized nations.  

            The author states that steeply rising health care costs are  
            extremley burdensome on companies doing business in the United  
            States, putting them at a substantial competitive disadvantage  
            in the international marketplace.  While health insurance  
            premiums are rising unpredictably, often by as much as 20% in  
            one year, employers, large and small, unions, and even  
            powerful purchasers such as the California Public Employee  
            Retirement System, are no longer able to stabilize health care  
            costs or benefits through negotiations.  The author believes  
            that a single payer model of health care financing, which  
            removes private insurance as a middleman between the patient  
            and health care providers is essential to containing these  
            rising costs.

            The author states that under a single payer health care  
            system, California employers would achieve significant savings  
            on their employee benefit costs, thereby stimulating job  
            creation and economic recovery.  In addition, the author  
            states that this bill would lead to significant increases in  
            investments in electronic medical infrastructure also spurring  
            job creation and international competitiveness.  The author  
            further states that this bill will reduce state and local  









                                                                  SB 810
                                                                  Page O
            government costs for employee health care and retiree health  
            care costs.  For example, Los Angeles Unified School District  
            estimated $100 million in annual savings on employee and  
            retiree benefit costs.

            The author states that 20 to 30% of the health care dollar is  
            spent on administration (excluding profit) and that health  
            care providers spend increasing amounts of time navigating the  
            porous network of public and private health insurance  
            programs.  For example, the University of California - San  
            Francisco Children's Hospital works with nearly 80 different  
            health insurance policies and public programs each with its  
            own benefits package, formulary schedule, and rate of  
            co-payments and deductibles.  One medical group practice  
            serving 70,000 patients works with 6,000 different health  
            insurance plans.
             
            According to the author, our current system fragments and  
            dilutes the purchasing power of Californians with regard to  
            pharmaceuticals and medical equipment.  The author states that  
            Americans are frequently paying about 50% more than Europeans,  
            Australians, Japanese, and Canadians for the same  
            pharmaceuticals produced by the same companies.  This could be  
            changed if California implemented bulk purchasing of  
            pharmaceuticals and medical equipment under this bill.  

           2)BACKGROUND  .  According to the California HealthCare Foundation  
            (Foundation), an average of 6.6 million Californians were  
            uninsured over the three year period of 2006-2008.  California  
            has the largest number of uninsured residents in the United  
            States and the eighth largest proportion of uninsured in the  
            nation (20.5% of the population).  Of those, 5.6 million were  
            adults and 1.1 million were children.  Fifty-five percent of  
            Californians have employment based coverage, 17% get coverage  
            through Medicaid, and 8% purchase coverage through the  
            individual insurance market.   

          The Foundation also reports that employer based coverage in  
            California from 1988-2008 declined from 65% to 56%, with  
            government sponsored coverage increasing from 16% to 20%,  
            individually purchased coverage increasing from 7% to 8% and  
            the percentage of uninsured increasing from 18% to 21%.   
            Forty-one percent of the uninsured in California have incomes  
            below $25,000 annually.  










                                                                  SB 810
                                                                  Page P
          Latinos are much more likely to be uninsured than any other  
            ethnic group, as 58% of the uninsured are Latino.  However,  
            unlike Latinos and African Americans, whose high rates of  
            being uninsured have either held steady or slightly declined  
            for the last five years, the likelihood of being uninsured is  
            now growing for Whites and Asians.

           3)FEDERAL HEALTH CARE REFORM  .  On March 23, 2010, President  
            Obama signed the Patient and Protection and Affordable Care  
            Act (PPACA); P. L. 111-148, as amended by the Health Care and  
            Education Reconciliation Act of 2010; P. L. 111-152.  Among  
            other provisions, the new law makes significant statutory  
            changes affecting the health insurance market, including a  
            requirement that health plans cover an essential health  
            benefits package, at a minimum, with some exceptions, the  
            establishment of four benefit categories that must be offered  
            by health insurers, an individual mandate, a prohibition  
            against setting lifetime limits on the dollar value of  
            benefits and from setting unreasonable annual limits on the  
            dollar value of benefits, a Prohibition Against Rescissions,  
            and the creation of a national high-risk pool. 

            PPACA also includes a "Waiver for State innovation" provision.  
             This section permits states to apply to the U.S. Health and  
            Human Services Secretary for the waiver of specified  
            requirements beginning in January 1, 2017, so long as the  
            substituted plan will:
             a)   Provide coverage that is at least as comprehensive as  
               the coverage defined in PPACA and offered through Exchanges  

             b)   Provide coverage and cost sharing protections against  
               excessive out-of-pocket spending that are at least as  
               affordable as the provisions of this title would provide;
             c)   Provide coverage to at least a comparable number of its  
               residents as the provisions of the PPACA would provide; and
             d)   Does not increase the Federal deficit.

           1)SUPPORT  .  Supporters state that as health insurance costs  
            steadily rise, employers are increasingly reducing or dropping  
            coverage for employees, that the increase in high deductible  
            health plans, which require deductibles and co-payments which  
            are generally unaffordable, have failed to stem the rise in  
            health care costs, and that half of all bankruptcies in the  
            United States are now related to medical costs.  Supporters  
            cite this as evidence that Californians can no longer rely on  









                                                                  SB 810
                                                                  Page Q
            the current system of private insurance, as no one is  
            guaranteed to receive care when they become ill, and many who  
            are insured often have inadequate coverage.  Supporters state  
            that this bill would provide every Californian with health  
            care coverage that would provide comprehensive benefits and a  
            high quality of care. Supporters state that this bill would  
            simplify the currently complex, multi-payer system, eliminate  
            billions of dollars in administrative waste, generate savings  
            through increased access to primary and preventive care, as  
            well as bulk purchasing of prescription drugs and durable  
            medical equipment, allow patients to choose their own doctors,  
            eliminate coverage exclusions for preexisting conditions, and  
            ensure continued coverage regardless of employment status.  

            The County Health Executives Association of California (CHEAC)  
            would support the bill if amended to relieve counties of their  
            requirements to provide health care to indigent and dependent  
            poor persons.  CHEAC states that with the implementation of  
            universal health coverage, there will no longer be a need for  
            this requirement on counties.  Additionally, CHEAC argues that  
            local public health funding must be preserved, and that health  
            realignment revenues dedicated to communicable disease  
            control, epidemiology, public health laboratories, and public  
            health nursing should be maintained at the local level.

           2)OPPOSITION  .  Opponents state that costs associated with this  
            bill would create an expensive labyrinth of bureaucracy, and  
            that competition among private companies leads to lower costs  
            and better care.  Opponents assert that a state-run health  
            care system would eliminate private health plans and insurers,  
            thereby forcing people to rely upon the state to take care of  
            their health needs, and limiting medical advances because of  
            decreased competition.  Opponents argue that this bill would  
            extend taxpayer obligations too far, and damage the state's  
            competitiveness for jobs.  They state it would be impossible  
            to replace the current system of health care without major  
            increases in taxes, both to cover currently insured  
            individuals, as well as the uninsured, which would discourage  
            business growth, and hurt state investments, and that  
            out-of-state individuals would move to California to take  
            advantage of the new health care system adding to the state's  
            economic burden.  Opponents disagree with the premise that a  
            single payer system will generate substantial savings from  
            lowered administrative costs and profits, as administrative  
            costs will not be eliminated under a single payer system.   









                                                                  SB 810
                                                                  Page R
            They assert that competitive forces in the marketplace are  
            vital in health care, and that while California's premiums  
            have increased, they are still lower than other large markets.  
             Opponents also state that single payer systems in other  
            countries have demonstrated limited access and longer waiting  
            times for services.
           
          3)PREVIOUS LEGISLATION  .  SB 840 (Kuehl) of 2008, SB 840 (Kuehl)  
            of 2006, and SB 921 (Kuehl) of 2004 would have implemented a  
            system substantially similar to that proposed by this bill.   
            SB 840 was vetoed in 2008 and 2006. SB 921 was held in the  
            Assembly Appropriations Committee.

            SB 1014 (Kuehl) of 2008, a companion to the version of SB 840  
            of 2008 introduced in the 2007-2008 legislative session, would  
            have imposed specified health care coverage taxes on employer  
            payroll, employee wages, self-employment income, and other  
            non-wage income, as specified, and direct revenues generated  
            from these taxes to fund the single payer system that would  
            have been created by SB 840.  SB 1014 was held by the Senate  
            Revenue and Taxation Committee.

            AB 1 X1 (Nunez, 2008) would have required all California  
            residents to carry a minimum level of health insurance  
            coverage for themselves as well as for their dependents,  
            established a state purchasing pool through which qualifying  
            individuals would be allowed to obtain subsidized or  
            unsubsidized health care coverage, expanded eligibility for  
            the Medi-Cal and Healthy Families programs, and increased  
            Medi-Cal provider rates for hospitals and physician services.   
            Would have required health plans and insurers to offer and  
            renew, on a guaranteed basis, individual coverage in five  
            designated coverage categories, regardless of the age, health  
            status, or claims experience of applicants, and established  
            new modified community rating rules for the pricing of  
            individual coverage.  Would have contained provisions intended  
            to reduce or offset a portion of the costs of health coverage  
            as well as several new programs and initiatives related to the  
            prevention and promotion of health and wellness, and would  
            have expressed intent that financing for the bill's provisions  
            come from a variety of sources, including federal funds, fees  
            from employers, revenues from counties, fees paid by acute  
            care hospitals, premium payments from individuals, and funds  
            from a new tobacco tax.  Some of these financing measures  
            would have been contained in a proposed ballot initiative.  AB  









                                                                  SB 810
                                                                  Page S
            1 X1 failed passage in the Senate Health Committee.
            
            SB 48 (Perata) of 2007 proposed a health care reform plan  
            designed to insure all working Californians and their  
            dependents, as well as all children regardless of residency  
            status in households with incomes up to 300% of the federal  
            poverty level (FPL).  These provisions were deleted and  
            subsequently replaced with different provisions that did not  
            pertain to health care reform.
            
            AB 8 (Nunez) of 2007 proposed a health care reform plan  
            designed to insure all working individuals and dependents  
            employed by firms of two or more employees, all children,  
            regardless of residency status, with household incomes up to  
            300% FPL, and eventually low-income childless adults.  AB 8  
            was vetoed.
            
            SB 32 (Steinberg) and AB 1 (Laird) of 2008 would have expanded  
            eligibility for Healthy Families to children with family  
            incomes at or below 300% FPL and would have deleted the  
            specified citizenship and immigration status requirements for  
            children to be eligible for Medi-Cal and Healthy Families.  SB  
            32 would have also allowed applicants to self-certify their  
            income and assets for the purposes of establishing eligibility  
            for Healthy Families, and would have established a Medi-Cal  
            presumptive eligibility program, as specified.  SB 32 was  
            placed on the Assembly inactive file, and AB 1 was held on the  
            Assembly floor.

            SB 2 (Burton), Chapter 673, Statutes of 2003, enacted the  
            Health Insurance Act of 2003, to provide health coverage to  
            employees (and in some cases their dependents) who do not  
            receive job-based coverage and who work for large and medium  
            employers.  SB 2 was repealed by Proposition 72, a voter  
            referendum on the November 2004 ballot.  

           





          REGISTERED SUPPORT / OPPOSITION  :

           Support









                                                                 SB 810
                                                                  Page T

           California Nurses Association (cosponsor)
          California School Employees Association (cosponsor)
          Affiliated Property Craftspersons Local 44
          Alameda-Contra Costa Transit District 
          Alameda County Board of Supervisors 
          All City Employees Association, Local 3090 AFSCME 
          Alliance for Democracy, Mendocino Coast 
          AP Goodyear Construction 
          American Association of University Women
          American Association of University Women, Goleta Valley
          American Association of University Women, Pasadena Branch 
          American Association of University Women, Santa Maria 
          American Civil Liberties Union, Southern California 
                                                                                   American Federation of State, County and Municipal Employees,  
          AFL-CIO (AFSCME)
          AFSCME, AFL-CIO District Council 36 
          AFSCME, AFL-CIO District Council 57 
          AFSCME, AFL-CIO Local 444 
          AFSCME, AFL-CIO Local 955 
          AFSCME, AFL-CIO Local 2019 
          AFSCME, AFL, CIO Local 2428 
          AFSCME Retirees Chapter 36
          American Federation of Television and Radio Artists 
          American Medical Students Association, National 
          American Medical Students Association, Davis School of Medicine  
          chapter 
          American Medical Students Association, UCLA Pre-medical Chapter 
          Asian and Pacific Islander American Health Forum (APIAHF) -  
          5/28/2010
          Association of Retired Teachers 
          Bay Area Veterans of the Civil Rights Movement 
          Bell-Everman, Inc. (Goleta, CA) 
          California Advocates for Nursing Home Reform (CANHR) 
          California Association of Alcohol and Drug Programs (CAADPE) 
          California Alliance for Retired Americans
          California Commission on the Status of Women 
          California Communities United Institute 
          California Federation of Teachers 
          California Foundation for Independent Living Centers 
          California Health Professional Student Alliance 
          California Labor Federation, AFL-CIO 
          California Maternal, Child and Adolescent Health Directors  
          (MCAH)
          California Nurses Association/National Nurses Organizing  









                                                                  SB 810
                                                                  Page U
          Committee 
          California Pan-Ethnic Health Network 
          California Physicians Alliance 
          California Professional Firefighters 
          California Retired Teachers Association
          California Retired Teachers Association - Santa Barbara Division
          California Senior Coalition
          California Senior Legislature 
          California Society for Clinical Social Work 
          California Student Physicians for Healthcare Reform 
          California Teachers Association 
          California Women's Agenda (CAWA)
          City of Albany
          City of Berkeley
          City of El Cerrito 
          City of Oakland 
          City of San Pablo 
          City of Santa Barbara 
          City of Santa Cruz 
          City of Santa Monica 
          City of Watsonville 
          Coalition of Lavender-Americans on Smoking and Health 
          Coastside Democrats 
          Concerned Citizens of Laguna Woods Village
          Congress of California Seniors 
          Consumer Federation of California 
          Contra Costa County Advisory Council on Aging 
          Contra Costa County, Board of Supervisors 
          County Health Executives Association of California 
          Democratic Alliance for Action 
          Democratic Party of Contra Costa County 
          Democratic Women of Santa Barbara County 
          Democrats of Rossmoor (Walnut Creek) 
          Diablo Valley Democratic Club
          Doctors Medical Center, West Contra Costa County
          East Bay Peace Action 
          Easter Hill United Methodist Church 
          El Cerrito Democratic Club 
          Elsdon, Inc., (Danville, CA small business) 
          Evergreen Democratic Club 
          Federation of Retired Union Members of Santa Clara County 
          Glass, Molders, Pottery, Plastics and Allied Workers Union,  
          Retirees Branch 7
          Glendale City Employees Association 
          Gray Panthers California









                                                                  SB 810
                                                                  Page V
          Having Our Say 
          Health Access of California 
          Health Care for All - California 
          Health Care for All, Contra Costa County 
          Health Care for All, Santa Barbara County 
          Health Officers Association of California
          Hubert Humphrey Democratic Club 
          Humanist Society of Santa Barbara 
          International Alliance Theatrical Stage Employees Local 33
          International Alliance of Theatrical State Employees Local 44
          International Association of Machinists 
          The Kennedy Club of San Joaquin 
          Kramer Translation
          Labor Task Force for Universal Health Care  
          Lamorinda Democratic Club 
          Lamorinda Peace and Justice Group 
          League of Women Voters, California 
          League of Women Voters, Berkeley, Albany, and Emeryville 
          League of Women Voters, Davis 
          League of Women Voters, Diablo Valley 
          League of Women Voters, El Dorado County
          League of Women Voters, Oakland 
          League of Women Voters, Palos Verdes Peninsula/San Pedro
          League of Women Voters, Santa Barbara 
          League of Women Voters, San Diego County 
          League of Women Voters, San Joaquin County
          League of Women Voters, San Jose/Santa Clara 
          League of Women Voters, Santa Cruz County 
          League of Women Voters, Santa Maria Valley 
          League of Women Voters, Southwest Santa Clara Valley 
          League of Women Voters, West Contra Costa County 
          Librarians' Guild, AFSCME District Council 36, Local 2626 
          Los Angeles County Democratic Party 
          Los Angeles Unified School District 
          Lumina Media Productions (Richmond, CA)
          Lutheran Office of Public Policy 
          Mane Event Salon, Grass Valley 
          Manteca Democratic Club 
          Marin County Board of Supervisors 
          National Association of Social Workers, California chapter 
          National Council of Jewish Women, Long Beach 
          North Richmond Municipal Advisory Council
          Nursing Student Association at SFSU 
          Officescapes, Newport Beach, CA 
          Old Lesbians Organizing for Change 









                                                                  SB 810
                                                                  Page W
          Older Women's League of California 
          Older Women's League, East Bay 
          Older Women's League - San Francisco Chapter 
          Palm Desert Greens Democratic Club
          People's Democratic Club of Santa Cruz 
          Professional Musicians, Local 47 
          Progressive Democrats of America 
          Progressive Jewish Alliance 
          Promotores de Salud of Behavioral Health Services 
          Pueblo Action Fund 
          Rainbow Coalition, West Contra Costa 
          Resources for Independent Living 
          Retired Public Employees Association
          Richmond Commission on Aging 
          Richmond Progressive Alliance
          Richmond Vision 
          San Bernardino Public Employees Association 
          San Diego Unified School District 
          San Fernando Valley Interfaith Council 
          San Francisco Community Clinic Consortium
          San Francisco Gray Panthers
          San Francisco Tobacco Free Coalition
          San Gabriel Valley Democratic Women's Club 
          San Jose Peace and Justice Center 
          San Luis Obispo County Employees Association 
          San Mateo County Central Labor Council, AFL-CIO 
          Santa Barbara County Action Network
          Santa Barbara County Democratic Central Committee 
          Santa Barbara Friends Meeting, Quakers 
          Santa Clara County, Board of Supervisors 
          Santa Clara County Democratic Club 
          Santa Clarita Valley Clean Money for Better Government Committee  

          Santa Cruz County, Board of Supervisors 
          Santa Monica Community College District
          Santa Rosa City Employees Association
          Senior Action Network 
          Senior Advocacy Council of Pasadena
          Service Employees International Union (SEIU) 
          Service Employees International Union, Local 521
          Social Justice Alliance 
          Spokewise Graphic Design, small business
          St. John's Presbyterian Church, Mission and Justice Commission  
          (Berkeley, CA) 
          St. Mark Presbyterian Church, Health Ministries Commission  









                                                                  SB 810
                                                                  Page X
          (Newport Beach)
          St. Mary's Center
          Stanislaus and Tuolumne County Central Labor Council, AFL-CIO 
          Students of University of CA Program in Medical Education 
          Torrance Democratic Club
          Union for Reform Judaism, Pacific Southwest Council 
          Unitarian Society of Santa Barbara
          Unitarian Universalist Legislative Ministry, California 
          Unitarian Universalist Fellowship of Santa Cruz County
          Unite Here HERE Local 11 
          United Auto Workers Region 5, Community Action Program
          United Electrical, Radio and Machine Workers of America, Local  
          1004 
          United Electrical, Radio and Machine Workers of America, Local  
          1421
          United Educators of San Francisco
          United Nations Association-USA, Santa Barbara and TriCounties  
          chapter 
          United Nurses Assoc. of California/Union of Health Care  
          Professionals 
          United Steelworkers, Local 675 
          United Steelworkers, Local 1440, AFL-CIO
          United Teachers Los Angeles (UTLA) 
          Valley Women's Club 
          Westside Progressives, Marina Del Ray 
          Wellstone Democratic Renewal Club 
          West Contra Costa Concilio Latino 
          West Contra Costa Latina/o Democratic Club
          West Contra Costa Unified School District
          Western Center on Law & Poverty 
          Women's Health Specialists  
          Women's International League for Peace and Freedom - Peninsula  
          Branch
          Women's International League for Peace and Freedom - Santa Cruz  
          Branch 
          Over a hundred individuals

           Opposition

           America's Health Insurance Plans
          Anthem
          Association of California Life and Health Insurance Companies
          Blue Shield of California
          California Association of Health Plans
          California Association of Joint Powers Authorities









                                                                  SB 810
                                                                  Page Y
          California Chamber of Commerce
          California Medical Association
          California Right to Life Committee, Inc.
          California Taxpayers Association
          Concerned Women for America
          Corona Chamber of Commerce
          Department of Managed Health Care
          Health Net
          Irvine Chamber of Commerce
          Long Beach Area Chamber of Commerce

           Analysis Prepared by  :    Melanie Moreno / HEALTH / (916)  
          319-2097