BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de León, Chair


          AB 1558 (R. Hernandez) - California Health Data Organization:  
          all payer claims database.
          
          Amended: June 5, 2014           Policy Vote: Health 6-1
          Urgency: No                     Mandate: No
          Hearing Date: August 4, 2014                            
          Consultant: Brendan McCarthy    
          
          This bill meets the criteria for referral to the Suspense File.
          
          
          Bill Summary: AB 1558 requests the University of California  
          establish an all payer claims database, which would be used to  
          collect information from health insurers and health plans on  
          payments made to medical providers for analysis of the health  
          care market.

          Fiscal Impact: The state of Colorado has recently developed an  
          all payer claims database similar in functionality to the one  
          requested in this bill. The following cost estimates are  
          informed by the actual expenditures to develop and operate the  
          Colorado All Payer Claims Database. Due to the size and  
          complexity of the California healthcare marketplace, staff  
          anticipates that the cost to the state develop and maintain an  
          all payer claims database is likely to be two to five times the  
          cost to do so in Colorado.

              One-time costs between $3 million and $10 million for  
              planning and initial policy development relating to the  
              proposed all payer claims database (General Fund).

              One-time costs between $15 million and $30 million to  
              create the database, including the information technology  
              infrastructure to accept data submissions from payers,  
              review submitted claims data, and analyze claims data  
              (General Fund).

              Ongoing operations and maintenance costs between $5 million  
              and $12 million per year for operations and maintenance of  
              the database, data analysis, and other administrative costs  
              (General Fund).









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              Unknown potential fee revenues (General Fund). The Colorado  
              All Payer Claims Database is supported, in part, by fees  
              charged for access to data or specific reports prepared by  
              the staff. AB 1558 limits the University of California's  
              ability to assess fees for access to data to the actual cost  
              to provide that access. This limitation will likely reduce  
              the potential to generate fee revenues to offset some  
              operating costs.

          Background: Several other states have established all payer  
          databases to assist in the analysis of health care markets,  
          increase transparency, and potentially reduce health care  
          spending over the long run due to increased transparency. In  
          general, an all payer database is used to collect claims data  
          from some or all payers (potentially including private insurers,  
          private health plans, employers, and state and federal health  
          care programs such as Medicare or Medicaid programs). By  
          collecting claims data in a central database, states hope to  
          improve transparency by analyzing the costs for health care  
          services and potentially tying those costs to outcomes.

          Proposed Law: AB 1558 requests the University of California  
          establish an all payer claims database, which would be used to  
          collect information from health insurers and health plans on  
          payments made to providers for analysis of the health care  
          market.

          Specific provisions of the bill would:
              Request the University of California to establish an  
              organization to create an all payer claims database;
              Request that the organization not be based in a school of  
              medicine or University medical center;
              Request the University to solicit federal or other funds to  
              defray the costs of developing the system;
              Request the organization to collect claims data from  
              private payers and publicly available data, request data  
              from the Medi-Cal and Medicare programs, request data from  
              Covered California, combine claims data with publicly  
              available data on outcomes and patient experiences, protect  
              patient privacy and prevent the disclosure of information  
              that could be used to identify a patient or health care  
              provider;
              Require private payers to submit claims data to the  
              organization (including claims data on medical, dental,  








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              mental health, and substance abuse disorder services) and  
              information on cost sharing by patients;
              Prohibit private payers from being required to provide  
              claims data relating to the Medi-Cal or Medicare programs;
              Request the organization to engage in stakeholder  
              consultation;
              Authorize the organization to request and receive  
              donations;
              Request the organization to analyze the data and make it  
              available to the public.

          Related Legislation: SB 1322 (E. Hernandez) would require the  
          Secretary of the Health and Human Services Agency to contract  
          with one or more nonprofit organizations for the establishment  
          of an all payer claims database. That bill is pending in the  
          Assembly Appropriations Committee.

          Staff Comments: Under the California Constitution, the  
          legislature has limited control or oversight over the University  
          of California. Therefore, this bill only requests the University  
          to create an all payer claims database. The Legislature cannot  
          mandate that the University do so. Given the Constitutional  
          independence of the University of California, if this bill is  
          enacted and the University does create an all payer claims  
          database, the Legislature would have very limited oversight  
          capabilities to ensure that the University is in compliance with  
          the intent of this bill. In addition, because the University  
          owns and operates several medical centers, it is a significant  
          provider of health care services in the state. The bill includes  
          provisions that attempt to prevent any conflicts of interest  
          between the University as a health care provider and as an  
          entity analyzing health care spending. However, the University  
          has raised concerns that the bill could create perceived  
          conflicts of interest between University medical centers and  
          third party payers.