BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de Le�n, Chair


          SB 1176 (Steinberg) - Health care coverage: cost sharing:  
          tracking.
          
          Amended: April 30, 2014         Policy Vote: Health 7-1
          Urgency: No                     Mandate: Yes
          Hearing Date: May 12, 2014      Consultant: Brendan McCarthy
          
          This bill meets the criteria for referral to the Suspense File.
          
          
          Bill Summary: SB 1176 would require a health plan or health  
          insurer to track the accumulation of out-of-pocket expenditures  
          incurred by an enrollee for covered essential health benefits  
          and notify the enrollee when maximum out of pocket expenditure  
          limits have been reached.

          Fiscal Impact: 
              Potential one-time costs of about $150,000 to adopt  
              regulations and potential ongoing costs in the low hundreds  
              of thousands to enforce the bill's provisions by the  
              Department of Insurance (Insurance Fund).

              Costs of about $200,000 in 2014-15, $220,000 in 2015-16,  
              and $40,000 per year thereafter for the review of plan  
              filings and enforcement by the Department of Managed Health  
              Care (Managed Care Fund).

          Background: Under current law, health insurers are regulated by  
          the Department of Insurance and health plans are regulated by  
          the Department of Managed Health Care (collectively referred to  
          as "carriers). 

          The federal Affordable Care Act and implementing legislation  
          enacted in California make a variety of changes to the  
          individual and group health insurance market. Changes to the  
          market include a requirement for "guaranteed issue" of coverage  
          if premiums are paid, a prohibition on denials of coverage for  
          preexisting conditions, and many other regulatory requirements. 

          Beginning on January 1, 2015 in the individual market and small  
          group market, the amount of out-of-pocket expenditures made by  
          enrollees due to copayments, coinsurance, or deductibles for  








          SB 1176 (Steinberg)
          Page 1


          covered essential health benefits will be limited. State law  
          will limit out-of-pocket expenditures to the limits allowed  
          under federal law (for 2014, those limits are $6,500 for an  
          individual and $12,700 for a family).

          Proposed Law: SB 1176 would require a health plan or health  
          insurer to track the accumulation of out-of-pocket expenditures  
          incurred by an enrollee for covered essential health benefits  
          and notify the enrollee when maximum out of pocket expenditure  
          limits have been reached.

          Specific provisions of the bill would:
              Apply its requirements to non-grandfathered individual and  
              small group market health plans and health insurance  
              policies issued or renewed after January 1, 2015;
              Require the carrier to monitor accrual of out-of-pocket  
              costs by an enrollee for covered essential health benefits;
              Require the carrier to accept claims from the provider or  
              the enrollee for out-of-pocket expenditures made to  
              out-of-network providers providing covered benefits;
              Require the carrier to reimburse the enrollee for any  
              out-of-pocket expenditures made above the existing maximums;
              Require carriers to notify enrollees within 30 days when  
              the enrollee has reached the maximum out-of-pocket  
              expenditure limits;
              Allow the enrollee to review cost sharing information and  
              provide additional information to the carrier.

          Related Legislation: SB 639 (Hernandez, Statutes of 2013)  
          codified the Affordable Care Act requirements relating to  
          out-of-pocket maximums.

          Staff Comments: The only costs that may be incurred by a local  
          agency under the bill relate to crimes and infractions. Under  
          the California Constitution, such costs are not reimbursable by  
          the state.