BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           1283 (Steinberg)
          
          Hearing Date:  5/27/2010        Amended: 4/27/2010
          Consultant: Katie Johnson       Policy Vote: Health 5-0
          _________________________________________________________________ 
          ____
          BILL SUMMARY:  SB 1283 would delete the authority of the  
          Director of the Department of Managed Health Care (DMHC) to  
          determine that additional time is necessary to review a  
          grievance. Instead, the bill would require DMHC to send written  
          notice to the enrollee or subscriber of the final disposition of  
          the grievance within 30 days of receipt of all relevant  
          information.
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)
           Major Provisions         2010-11      2011-12       2012-13     Fund
                                                                  
          DMHC regulations                    $38 - $76 $75 - $152ongoing  
          minor Special*                      
          *Managed Care Fund
          _________________________________________________________________ 
          ____

          STAFF COMMENTS: SUSPENSE FILE. AS PROPOSED TO BE AMENDED.
          
          Currently, the department must process complaints within 30 days  
          of receipt of them. The Director of DMHC has the authority to  
          extend the 30 day timeline when necessary. This bill would  
          remove that authority and would, instead, provide that the  
          department would have 30 days to complete a grievance review  
          after making a determination that all relevant information was  
          provided to the department. This bill would also require DMHC to  
          define "all relevant information" on its Internet Web site and  
          on each application used for filing a grievance. For the past  
          several years, Calendar Years 2006-2008, DMHC completed over 95  
          percent of the approximately 7,000 annual complaints within 30  
          days. In CY 2009, the department completed 92 percent of its  
          claims within 30 days. The length of time after 30 days to the  
          resolution of the remaining claims or the reasons for which they  
          were extended beyond 30 days are unknown. This bill would also  
          require DMHC and health plans to report grievance resolution  
          data in their respective annual and quarterly reports. 











          DMHC would likely need to promulgate regulations to determine  
          the information that would constitute "all relevant  
          information," which could vary greatly for the different types  
          of grievances filed, and to identify the grievance resolution  
          data that DMHC and plans would need to include in their  
          respective annual and quarterly reports at a cost of  
          approximately $38,000-$76,000 in FY 2010-11 and $75,000 -  
          $152,000 in FY 2011-12 for staff counsel. Costs could be higher  
          if more than one attorney or additional support staff were  
          needed. Conversely, the department could decide that the bill is  
          prescriptive enough to provide guidance to enrollees and plans  
          and that there would not be a need for regulations.  
          Additionally, there would be unknown costs to the department to  
          post the required information on its Web site and to include it  
          in its annual plan, which could be minor and absorbable,  
          probably commencing in FY 2011-12 upon the completion of the  
          regulation process.
          Page 2
          SB 1283 (Steinberg)
          
          The proposed amendments would outline a timeline for DMHC to  
          complete the grievance process for complaints that exceed 30  
          days instead of the bill's current provisions that would provide  
          that DMHC would need to complete the complaint process in 30  
          days once all relevant information was submitted to the  
          department.