BILL ANALYSIS                                                                                                                                                                                                    Ó






                             SENATE COMMITTEE ON HEALTH
                          Senator Ed Hernandez, O.D., Chair

          BILL NO:       SB 780                                      
          AUTHOR:        Jackson
          AMENDED:       April 24, 2013
          HEARING DATE:  May 1, 2013
          CONSULTANT:    Bain

           SUBJECT  :  Health care coverage.
           
          SUMMARY  :  Establishes consumer notice requirements for health  
          insurance preferred provider organizations (PPOs) regulated by  
          the California Department of Insurance (CDI) and additional  
          consumer notice requirements for health plans regulated by the  
          Department of Managed Health Care (DMHC). Requires PPOs and  
          DMHC-regulated health care service plans (health plans) to allow  
          enrollees with authorized or scheduled services from a  
          terminated unassigned provider group or hospital to receive  
          those services at in network cost-sharing until completion of  
          the authorized or scheduled service for at least 60 days from  
          date of the termination notice. Requires a filing with CDI prior  
          to contract terminations between providers groups and hospitals  
          and insurers. Establishes additional disclosure requirements for  
          health insurers regulated by CDI.

          Existing law:
          1.Regulates health plans by the Department of Managed Health  
            Care (DMHC) under the Knox-Keene Act, and health insurers by  
            the California Department of Insurance (CDI).

          2.Requires DMHC-regulated health plans, at least 75 days prior  
            to the termination date of its contract with a provider group  
            or a general acute care hospital (hospital), to submit an  
            enrollee block transfer filing to the DMHC that includes the  
            written notice the plan proposes to send to affected  
            enrollees. Defines, through DMHC regulation, a "block  
            transfer" as a transfer or redirection of 2,000 or more  
            enrollees by a health plan from a terminated provider group or  
            terminated hospital to one or more contracting providers that  
            takes place as a result of a termination or non-renewal of a  
            provider contract. PPOs regulated by CDI do not have this  
            requirement. 

          3.Requires DMHC-regulated health plans, at least 60 days prior  
            to the termination date of a contract between a health plan  
                                                         Continued---



          SB 780 | Page 2




            and a provider group or a hospital, to send a written notice  
            by United States mail to enrollees who are assigned to the  
            terminated provider group or hospital. Requires a plan that is  
            unable to comply with the timeframe because of exigent  
            circumstances to apply to the DMHC for a waiver. PPOs  
            regulated by CDI do not have this requirement. 

          4.Requires the DMHC-regulated health plan to send the written  
            notice to each enrollee who is a member of the provider group  
            and who resides within a 15-mile radius of the terminated  
            hospital if the terminated provider is a hospital and the plan  
            assigns enrollees to a provider group with exclusive admitting  
            privileges to the hospital. Requires the health plan to send  
            the written notice to all enrollees who reside within a  
            15-mile radius of the terminated hospital, if the plan  
            operates as a PPO or assigns members to a provider group with  
            admitting privileges to hospitals in the same geographic area  
            as the terminated hospital. PPOs regulated by CDI do not have  
            these requirements.

          5.Requires DMHC-regulated health plans and CDI-regulated health  
            insurers, at the request of an enrollee, to provide for the  
            completion of covered services by a terminated provider or by  
            a non-participating provider (for health plans) for the  
            following conditions:

                  a.        An acute condition;
                  b.        A serious chronic condition;
                  c.        A pregnancy;
                  d.        A terminal illness;
                  e.        The care of a newborn child between birth and  
                    36 months; and,
                  f.        Performance of a surgery or other procedures  
                    authorized by the plan as part of a documented course  
                    of treatment that will occur within 180 days of the  
                    contract termination date. 
          
          6.Requires, for CDI-regulated insurers for the services in 5)  
            above, unless otherwise agreed upon between the terminated  
            provider and the insurer or between the terminated provider  
            and the provider group, the agreement to be construed to  
            require a rate and method of payment to the terminated  
            provider, for the services rendered that are the same as the  
            rate and method of payment for the same services while under  
            contract with the insurer and at the time of termination.  
            Requires the provider to accept the reimbursement as payment  




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            in full and not bill the insured for any amount in excess of  
            the reimbursement rate, with the exception of copayments and  
            deductibles.
          
          7.Requires, for DMHC-regulated health plans, unless otherwise  
            agreed by the terminated provider and the plan or by the  
            individual provider and the provider group, the continuity of  
            care services in 5) above to be compensated at rates and  
            methods of payment similar to those used by the plan or the  
            provider group for currently contracting providers providing  
            similar services who are not capitated and who are practicing  
            in the same or a similar geographic area as the terminated  
            provider. States that neither the plan nor the provider group  
            is required to continue the services of a terminated provider  
            if the provider does not accept the payment rates provided.
          
          This bill:
          1.Requires PPOs regulated by CDI, at least 75 days prior to the  
            termination date of a contract with a provider group or  
            hospital, to submit a filing to CDI that includes the written  
            notice the PPO proposes to send to its insureds. Prohibits the  
            PPO from sending this notice until CDI has reviewed and  
            approved the filing. Deems the filing approved if CDI does not  
            respond to the insured within seven days of the date of the  
            filing. (This requirement currently exists for DMHC-regulated  
            plans.)

          2.Requires, for purposes of a termination with a provider group,  
            the CDI-regulated PPO and a DMHC-regulated health plan to  
            submit a filing if 1,700 or more insureds were treated by the  
            provider group within the 12 months preceding the filing date.  
            Permits CDI, in consultation with the DMHC, to adopt a  
            different filing threshold from the threshold established in  
            this bill through regulation.  

          3.Requires a CDI-regulated PPO and a DMHC-regulated plan (for  
            unassigned enrollees who are typically in a PPO), in the event  
            of a contract termination between a PPO/plan and a provider  
            group or hospital, to do all of the following:  

                  a.        Send the required written notice within one  
                    business day of the contract termination with a  
                    provider group, to all of the following persons:  
                        i.             Any covered individual who has  
                         received health care services from the terminated  




          SB 780 | Page 4




                         provider group within the 12 months preceding the  
                         date of termination; and,
                        ii.            Any covered individual who has any  
                         health care services scheduled with the  
                         terminated provider group after the date of  
                         termination. 

                  b.        Send the required written notice, within one  
                    business day of the contract termination with a  
                    hospital, to all of the following persons:  
                        i.             Any covered individual who has  
                         received health care services from the terminated  
                         hospital within the 12 months preceding the date  
                         of termination; 
                        ii.            For health plans, any enrollee who  
                         is assigned to a provider group with any  
                         physicians who have exclusive admitting  
                         privileges to the terminated unassigned hospital;  
                         and,
                        iii.           Any covered individual who has  
                         authorized health care services scheduled at a  
                         terminating hospital after the date of  
                         termination.  

          4.Allows all health plan enrollees and insured individuals to  
            continue to access services that were authorized or scheduled  
            at the terminated provider group or hospital prior to the date  
            of termination. Requires those services to be provided until  
            completion of the authorized or scheduled services for at  
            least 60 days from the date of the notice unless a longer  
            period of time is required under the continuity of care  
            provisions in existing law. Requires the amount of, and the  
            requirement for payment of, copayments, deductibles,  
            coinsurance, and other cost-sharing components by an  
            individual during the period of completion of authorized or  
            scheduled services with a terminated provider group or  
            hospital to be the same that would be paid by the individual  
            when receiving care from a provider currently contracting with  
            the PPO/plan.

          5.Requires the PPO/plan to provide reimbursement for services  
            either at a rate agreed upon by the PPO/plan and the  
            terminated provider group or hospital or the rate for those  
            services as provided in the terminating contract. Prohibits  
            the provider from billing the patient for the cost of services  
            beyond the copayment, deductible, or other cost-sharing  




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            components of what the individual would have been responsible  
            for if the provider group or hospital was currently contracted  
            with the PPO/plan.

          6.Requires a PPO to send the required written notices even if a  
            filing is not required to be submitted, and allows a health  
            insurer to only send insured notices that have been filed and  
            approved by CDI. (This requirement currently exists for DMHC  
            plans.)

          7.Permits a CDI-regulated PPO to require the provider group to  
            send the required notices if an individual provider terminates  
            his or her contract or employment with a provider group that  
            contracts with a health insurer. (This authority currently  
            exists for DMHC plans.)

          8.Requires, if after sending the required notices, a  
            CDI-regulated PPO reaches an agreement with a terminated  
            provider group or hospital to renew or enter into a new  
            contract or to not terminate its contract, the PPO to send a  
            subsequent written notice to all insureds that were previously  
            notified that the provider group or hospital remains in their  
            provider network (this requirement currently exists for DMHC  
            plans).

          9.Requires a CDI-regulated health insurer or a provider group to  
            include in all written, printed, or electronic communications  
            sent to an insured that concern the contract termination, the  
            a specified disclosure statement in not less than 8-point type  
            regarding their ability to continue to receive care for a   
            designated time period (this requirement currently exists for  
            DMHC plans).

          10.Permits the CDI commissioner to adopt regulations in  
            accordance with the Administrative Procedure Act that are  
            necessary to implement the continuity of care-related  
            provisions of this bill (DMHC has existing authority to adopt  
            regulations under the Knox-Keene Act).

          11.Repeals the requirement in 4) described in existing law  
            above.

          12.Establishes additional disclosure requirements for health  
            insurers regulated by CDI.





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           FISCAL EFFECT  :  This bill has not been analyzed by a fiscal  
          committee.

           COMMENTS  :  
           1.Author's statement. SB 780 would strengthen consumer  
            protections in California's regulation of health insurance by  
            requiring disclosure to consumers and CDI when contracts  
            between health insurers and medical provider groups or acute  
            care hospitals are set to terminate and that would result in a  
            material change to the insurer's provider network.

          2.Background and CDI-sponsored legislation from last session.   
            Regulation and oversight of health insurance in California is  
            split between DMHC and CDI.  DMHC regulates health plans under  
            the Knox-Keene Act in the Health and Safety Code, while CDI  
            regulates health insurers under the Insurance Code.  DMHC  
            health plans include health maintenance organizations (HMOs),  
            exclusive provider organizations (EPOs) and some PPO plans,  
            which have historically been licensed by DMHC. 

          Existing law establishes continuity of care requirements for  
            health plans and health insurers for individuals with specific  
            conditions. However, existing law contains different notice  
            requirements to the regulator and the consumer depending upon  
            whether the plan is an HMO regulated by DMHC, a PPO regulated  
            by DMHC, or a PPO regulated by CDI. For example, HMO plans  
            regulated by DMHC are required to provide 60 days advance  
            notice prior to a contract termination to enrollees assigned  
            to a provider group and hospital, DMHC-regulated PPOs are  
            required to send an enrollee notice only if the terminated  
            provider is a hospital, while CDI-regulated PPOs are not  
            required to provide such a notice. In addition, HMOs and PPOs  
            regulated by DMHC are required under existing law to notify  
            DMHC at least 75 days prior to the termination date of a  
            contract with a provider group or a hospital, and to provide  
            DMHC with the notice the plan intends to provide to enrollees.  
            No similar requirement exists for CDI-regulated PPOs. 

          Last session, CDI sponsored AB 2152 (Eng), which would have  
            required CDI-regulated PPOs to provide notice to the regulator  
            and insureds of a contract termination exceeding specified  
            thresholds, and notice to DMHC enrollees of a PPO contract  
            terminations exceeding specified thresholds. AB 2152 was  
            vetoed by Governor Brown. In his veto message, the Governor  
            stated he agreed with the need to provide adequate notice to  
            consumers about relevant changes to their health coverage.  




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            However, the Governor stated AB 2152 was technically flawed in  
            that it provided for stronger notification procedures at CDI,  
            but weakened the notification procedures under existing law at  
            DMHC. The Governor directed DMHC to work with the Insurance  
            Commissioner, the Legislature and interested parties to  
            correct these defects and develop a workable solution the next  
            year. 

          3.Bill process and DMHC language. In response to the Governor's  
            veto message, DMHC provided bill language to CDI and  
            legislative staff on April 11, 2013, the language was modified  
            following that discussion, and this bill was amended on April  
            25, 2013, so many affected stakeholders are still reviewing  
            the language. These amendments contain provisions not included  
            in AB 2152 that require a notice immediately following a  
            contract termination involving a PPO enrollee and unassigned  
            enrollees of a DMHC-regulated plan (an assigned provider group  
            is one in which the plan directs its enrollees to receive  
            specialty care or assigns its members for primary care, while  
            an unassigned provider group is one where a covered individual  
            can select their choice of provider or hospital). In addition,  
            this bill would allow enrollees of a CDI-regulated PPO and  
            enrollees of a DMHC-regulated plan to continue to access  
            services that were authorized or scheduled at the terminated  
            provider group or hospital prior to the date of termination  
            until completion of the authorized or scheduled services for  
            at least 60 days from the date of the notice at in-network  
            cost-sharing. 

          DMHC indicates its changes are intended to protect consumers  
            from higher out-of-pocket costs, to ensure timely filings so  
            DMHC can monitor network adequacy, and to provide the  
            termination notice to unassigned enrollees at the right time.  
            CDI indicates its intent with this change is to ensure  
            patients, who are likely unaware of a pending contract  
            termination, have the same cost-sharing 60 days  
            post-termination that they would have when they made an  
            appointment with the then-in network health care provider or  
            hospital that accepted the appointment. 

          In addition, the DMHC amendments modify the health plan filing  
            and enrollee notification requirements for certain DMHC plans.  
            For enrollee notification, this bill repeals the existing  
            requirement that, if a PPO plan assigns members to a provider  
            group with admitting privileges to hospitals in the same  




          SB 780 | Page 8




            geographic area as the terminated hospital, the PPO send the  
            written notice to all enrollees who reside within a 15-mile  
            radius of the terminated hospital. Instead, this bill targets  
            the notice at individuals who previously received services  
            from a provider group or hospital or who have scheduled  
            services. Notices to enrollees assigned to provider groups and  
            hospitals would continue to be provided 60 days in advance, as  
            under current law. 

          For health plan filings regarding an assigned provider group,  
            filing to DMHC is required if 2,000 or more enrollees will be  
            transferred or redirected by the plan from the contracted  
            provider. For a termination with an unassigned provider group  
            (such as in a DMHC-regulated PPO, which do not assign  
            members), the plan must submit a filing if 1,700 or more  
            enrollees were treated by the unassigned provider group within  
            12 months preceding the filing date. 

          DMHC indicates the policy rationale for the 1,700 threshold for  
            unassigned provider group terminations is based on anticipated  
            utilization derived from the current 2,000 threshold.  
            Specifically, DMHC states that the Centers for Disease Control  
            and Prevention states approximately 85 percent of individuals  
            under age 65 visit the doctor once per year, and using the  
            existing filing standard for "assigned enrollees" (2,000 or  
            more affected enrollees) as a baseline, 85 percent of 2,000  
            would mean that 1,700 enrollees would see a physician at least  
            once per year. In this respect, unassigned provider groups  
            that treat 1,700 or more enrollees affect a significant  
            portion of the consumers in the plan's network, making it an  
            accurate measure for triggering block transfer filings. 

            DMHC indicates the rationale for these changes are because  
            existing law does not ensure that all affected enrollees will  
            be notified of a termination, and the current standard is  
            being replaced with a better standard that will capture all  
            affected enrollees. For example, DMHC states existing law does  
            not notify all affected enrollees of an unassigned hospital  
            termination, such as individuals who frequently use the  
            terminated hospital or who have a surgery scheduled  
            post-termination, but who live outside of the 15-mile radius.

          4.Additional disclosure provisions required by this bill. This  
            bill requires health insurance policies to include additional  
            disclosure provisions generally modeled on those in  
            Knox-Keene. These additional disclosure requirements include:  




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            (a) the basic method of reimbursement, including the scope and  
            general methods of payment, made to its contracting providers  
            of health care services; (b) whether financial bonuses or any  
            other incentives are used; (c) a general description of the  
            bonus and any other incentive arrangements used in its  
            compensation agreement; (d) a description regarding whether,  
            and in what manner, the bonuses and any other incentives are  
            related to a provider's use of referral services; (e) the  
            terms and conditions of coverage; (f) the right to view the  
            disclosure form and policy prior to beginning coverage; (g)  
            that the disclosure and the policy should be read completely  
            and carefully; (h) that it include the insurer's telephone  
            number; (i) where a health policy benefits and coverage matrix  
            is located; (j) when benefits cease in the event of  
            non-payment of premium; (k) the nature and extent of provider  
            choice permitted; (l) a summary of the terms and conditions  
            under which insureds may remain in the policy in the event the  
            group ceases to exist, the group policy is terminated, an  
            individual insured leaves the group, or the insureds'  
            eligibility status changes; (m) the insurer's use of  
            arbitration to settle disputes; (n) a description of any  
            limitations on the insured's choice of primary care and  
            specialty care physicians, non-physician health care  
            practitioners, based on service area and limitations on the  
            insured's choice of acute care hospital care, subacute or  
            transitional inpatient care, or skilled nursing facility; (o)  
            conditions and procedures for cancellation, rescission, or  
            non-renewal; (p)  how to request continuity of care and a  
            second opinion; (r) the right to independent medical review;  
            (s) and a notice on information practices.

          5.Prior legislation. AB 1286 (Frommer), Chapter 591, Statutes of  
            2003, and SB 2003 (Speier), Chapter 590, Statutes of 2003,  
            revised and expanded continuity of care laws under which a  
            health plan is required, under  certain circumstances, to  
            allow an enrollee to continue to see a health care provider  
            who is no longer contracting with the plan, requires the  
            notice to be filed with the DMHC at least 75 days prior to the  
            contract termination and specifies language that must be  
            included in the notice regarding an enrollee's right to  
            continue seeing a health care provider.

          6.Support. This bill is sponsored by CDI to strengthen consumer  
            protections in California's regulation of health insurance by  
            requiring disclosure to consumers and CDI when contracts  




          SB 780 | Page 10




            between health insurers and medical provider groups or  
            hospitals are scheduled to terminate. Under current law,  
            DMHC-regulated plans health plans are required to notify  
            specified enrollees and DMHC prior to a contract termination.  
            However, the Insurance Code does not provide similar  
            protections for policyholders of PPO products regulated by  
            CDI. CDI states providing notice to PPO policyholders whose  
                medical provider group or hospital faces contract termination  
            with an insurer is an important consumer protection that will  
            help to prevent policyholders from unknowingly seeking care  
            from a provider whose contract with an insurer has just  
            terminated or will imminently terminate, and will help prevent  
            patients from unexpectedly being charged much higher  
            out-of-pocket costs. 

          CDI states several recent events highlight the needs for this  
            bill. At the end of 2011, a major 
          health insurer terminated contracts with UCLA Medical Center  
            effective January 1, 2012 in the midst of contract  
            negotiation. CDI states that, when it learned of the imminent  
            termination of the provider contract, CDI requested that the  
            insurer notify affected policyholders prior to the termination  
            in order to prevent them from seeking out-of-network care  
            without knowing the cost implications of doing so. CDI states  
            the insurer refused to send out notices to policyholders in  
            advance of the contract termination and refused to cover the  
            difference in the cost for those policyholders except those  
            already entitled by law to continuity of care. In March 8,  
            2012, another major health insurer notified insureds about the  
            March 3, 2012 termination of the Los Robles Regional Medical  
            Center and the West Hills Hospital service area. On March 5,  
            2012, an insured had a procedure performed at one of the,  
            terminated facilities, which had been previously approved. She  
            was not aware that she would be charged an out-of-network  
            price for services from this hospital that was in network when  
            she made her appointment. In August 2012, CDI learned through  
            media coverage that a health insurer had terminated a number  
            of provider contracts as of September 1, 2012. The insurer did  
            not notify CDI of the provider contract terminations or  
            provide information about the specific contracts terminated in  
            each region in which the insurer has policyholders. Without  
            information from the insurer about what contracts they  
            terminated recently, CDI could not determine whether the  
            terminations would result in the insurer failing to be in  
            compliance with the law requiring an adequate network of  
            medical providers. 




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          CDI concludes that providing notice to PPO policyholders whose  
            medical provider group or hospital faces contract termination  
            is an important consumer protection that will help to prevent  
            policyholders from unknowingly seeking services with higher  
            out-of-network costs, and requiring insurers to notify CDI at  
            least 75 days prior to terminating a contract with a provider  
            group or hospital will allow CDI to better monitor provider  
            network adequacy.
          

          7.Opposition. The Association of California Life and Health  
            Insurance Companies (ACLHIC) writes in opposition to the  
            prior version of this bill, stating it will impose several  
            new reporting and disclosure requirements on health  
            insurers regulated under CDI.  Many of these disclosure  
            requirements simply do not make sense within the PPO model  
            and could potentially be confusing to consumers. In  
            addition, ACLHIC states that it appreciates the author and  
            sponsor's desire to protect consumers, it fundamentally  
            questions the need for this bill given that the CDI  
            Commissioner currently has the authority to ensure that a  
            health insurer's provider network is adequate. ACLHIC  
            states that if termination of a provider group or facility  
            contract would impact the adequacy of the network, the  
            Commissioner has the authority to take regulatory action  
            through existing continuity-of-care protections that apply  
            to consumers when a provider contract is terminated. ACLHIC  
            concludes that it is critical, at this juncture, to put all  
            of its resources toward implementing the federal Affordable  
            Care Act in a meaningful way that creates a smooth and  
            seamless transition rather than implementing costly,  
            unnecessary and time-consuming new requirements on insurers  
            that ultimately do not provide any commensurate benefit to  
            consumers.  

          8.Oppose unless amended. The California Hospital Association  
            (CHA) writes that it is oppose unless amended to this bill,  
            arguing this bill establishes provisions that conflict with  
            the existing continuity of care provisions which establish  
            a process for reimbursement for continuity of care services  
            required under existing law.

          9.Policy issues:
               




          SB 780 | Page 12




               a.     Plan and PPO ability to meet requirement of bill.  
                 The language affecting DMHC regulated plans makes no  
                 changes in notice requirements for enrollees assigned to  
                 a medical group or hospitals because when enrollees are  
                 assigned, it is possible to identify and give prior  
                 notice to all enrollees that will be affected by the  
                 contract termination. For terminating provider groups and  
                 hospitals where enrollees are not assigned (in a CDI or  
                 DMHC-regulated PPO or EPO), the language for unassigned  
                 provider groups and hospitals requires plans to notify  
                 any enrollee who received treatment within 12 months  
                 prior to the termination and any enrollee that, as of the  
                 termination date, has a service scheduled after the  
                 termination date. However, it is unclear how plans and  
                 PPOs would be able to meet this requirement as they may  
                 not know if an enrollee is scheduled to receive services  
                 from an unassigned provider unless the service requires  
                 prior authorization. Staff recommends the author clarify  
                 how a plan/PPO would meet this requirement in the bill.

               b.     Time frame for notice. This bill requires a written  
                 notice to be sent to PPO insured individuals and health  
                 plan enrollees of an unassigned provider group or  
                 unassigned hospital who have received services from those  
                 providers within the 12 months preceding the date of  
                 termination and those, as of the termination date, who  
                 have scheduled services after the termination date. The  
                 PPO/plan must provide the notice under this bill within  
                 one business day of a contract termination. The rationale  
                 for the change to the existing DMHC notification  
                 provisions is to target the notice at individuals who had  
                 previously received care from that provider, and to avoid  
                 alarming enrollees about pending contract terminations  
                 that will ultimately not occur. DMHC indicates  
                 approximately 95 percent of block transfer cases end up  
                 with the parties agreeing to contract. The goal of the  
                 immediate notification requirement is to ensure  
                 individuals with services scheduled immediately following  
                 the contract termination are informed and provided  
                 in-network cost-sharing. However, the author may consider  
                 a longer time frame for the notice to be provided, or to  
                 require the notice be provided earlier prior to a  
                 contract termination as a one-day notice requirement will  
                 be difficult to meet.

               c.     Payment to providers post-termination. This bill  




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                 requires plans and PPOs to 
               provide reimbursement for services either at a rate agreed  
                 upon by the plan/PPO and the terminated provider  
                 group/hospital, or at the rate for those services  
                 provided in the terminating contract. This requirement is  
                 similar to the current continuity of care requirements  
                 for CDI-regulated PPOs, which requires a rate and method  
                 of payment for terminated providers for continuity of  
                 care services that is the same as the rate and method of  
                 payment for the same services while under contract with  
                 the terminated provider, unless otherwise agreed upon  
                 between the terminated provider and the PPO. In addition,  
                 current law for CDI-regulated PPOs requires the provider  
                 to accept the reimbursement as payment in full, which is  
                 not a requirement in this bill. 

               By contrast, DMHC-regulated plans are required to reimburse  
                 for continuity of care services at rates and methods of  
                 payment similar to those used by the plan or the provider  
                 group for currently contracting providers providing  
                 similar services who are not capitated and who are  
                 practicing in the same or a similar geographic area as  
                 the terminated provider, unless otherwise agreed to by  
                 the parties. However, neither the plan nor the provider  
                 group is required to continue the services of a  
                 terminated provider if the provider does not accept the  
                 payment rates. 

               This bill contains within its reimbursement-related  
                 provisions a cross reference to the current continuity of  
                 care reimbursement requirements, which appear to conflict  
                 with the existing law reimbursement provisions. Staff  
                 recommends the author clarify whether the reimbursement  
                 requirement for continuity of care services in this bill  
                 is intended to replace the current reimbursement  
                 requirements for continuity of care in existing law.

               d.     Duration of advance notice to CDI for hospital and  
                 provider group terminations. This bill requires 75 day  
                 advance notice to CDI for hospital and provider group  
                 terminations, which parallels the 75 day advance notice  
                 for health plans regulated by DHMC. The introduced  
                 version of this bill and AB 2152 had a 30 day advance  
                 notice requirement. What is the appropriate duration of  
                 advance notice for these types of terminations?




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               e.     Delayed implementation. Last session, implementation  
                 of AB 2152 was amended to provide a six month delay in  
                 implementation in order to allow for information  
                 technology system changes and the development of the  
                 termination notices. In light of the many changes  
                 required under federal health care reform effective  
                 January 1, 2014, should implementation of the changes  
                 made by this bill be delayed by six months consistent  
                 with the Committee's actions last year? 
               
               f.     Definition. This bill defines, for DMHC licensed  
                 plans, the phrase 
               assigned provider group, assigned hospital and unassigned  
                 provider group and unassigned hospital. This bill uses  
                 the phrase "unassigned enrollee" which is not defined.  
                 The author may wish to define this phrase as these  
                 individuals are required to immediately receive a notice.  


               g.     Technical amendment. On page 10, line 38 the word  
                 "insured" should be instead "insurer" because CDI would  
                 notify the insurer know when it approves the filing, not  
                 the insured.

           SUPPORT AND OPPOSITION  :
          Support:  California Department of Insurance (sponsor)
                    Congress of California Seniors (prior version)
                    California Teachers Association (prior version)
                    California Federation of Teachers (prior version)
                    Health Access California
                    Laborers' Local 777 (prior version)
                    Laborers' Local 792 (prior version)
                    United Policyholders (prior version)
                    
          Oppose:   Association of California Life and Health Insurance  
                    Companies (prior version)
                    Blue Shield of California (prior version)
                    California Chamber of Commerce (prior version)
                    California Hospital Association (unless amended)


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