BILL ANALYSIS AB 38 Page 1 Date of Hearing: April 8, 1997 ASSEMBLY COMMITTEE ON INSURANCE Liz Figueroa, Chair AB 38 (Figueroa) - As Amended: April 7, 1997 Urgency statute. 2/3 vote required. SUBJECT : Maternity benefits. SUMMARY : Requires health plans and insurers to provide coverage for a minimum of 48 hours of inpatient care for a mother and child following a vaginal delivery and 96 hours following a caesarean section. Specifically, this bill : 1) Enacts the "Newborns' and Mothers' Health Act of 1997"; 2) Prohibits health care service plan contracts and disability insurance policies from restricting benefits for inpatient hospital care to less than 48 hours following a normal vaginal delivery and less than 96 hours following a caesarean section; 3) Permits an exception to the above requirement if the discharge decision is made by the treating physician in consultation with the mother, and the plan covers a postdischarge follow-up visit for the mother and newborn within 48 hours of discharge, when prescribed by the treating physician. At the mother's discretion, the visit may occur at home or at the plan facility; 4) Prohibits contracts and policies from reducing or limiting reimbursement to the attending provider for providing care to an individual enrollee in accordance with coverage requirements, and prohibits monetary or other incentives to induce the provider to provide care in a manner inconsistent with coverage requirements; 5) Prohibits contracts and policies from denying a mother or her newborn eligibility to enroll or renew coverage solely to avoid coverage requirements and prohibits payments or rebates to a mother to encourage her to accept less than the minimum coverage requirements; 6) Prohibits contracts and policies from restricting inpatient benefits for the second day of hospital care in a manner less favorable than those provided during the preceding portion of the hospital stay; 7) Prohibits contracts and policies from requiring the treating physician to obtain prior plan authorization for the services covered by this bill; 8) Requires plans and insurers to provide specified notices to enrollees regarding the coverage specified in this bill; and AB 38 Page 2 9) States legislative findings that the length of a postdelivery hospital stay should be based on the unique characteristics of each mother and her newborn child and that the timing of hospital discharge should be made by the treating physician in consultation with the mother. AB 38 Page 3 EXISTING LAW : 1) Provides for the regulation of health care service plans by the Department of Corporations and the regulation of disability insurers by the Department of Insurance. 2) Requires plans and insurers that provide maternity coverage to include coverage for involuntary complications of pregnancy, as specified. 3) Prohibits contracts between providers and either health plans or insurers from containing incentive plans that induce the provider to deny, reduce, limit, or delay medically necessary and appropriate treatments. FISCAL EFFECT : Undetermined. COMMENTS : 1) Purpose of the bill : According to the author, AB 38 addresses a growing trend in managed care to discharge mothers and newborns from the hospital as early as eight hours after childbirth. There is often no at-home follow-up care for the mother and child. The author believes that early release can be detrimental to good health care for mother and baby. Some common problems, such as jaundice or dehydration, can take one or two days to develop and might not be noticed by hospital staff during the first eight to twelve hours after childbirth. The author is also concerned that early discharge may place newborns at greater risk for malnutrition or dehydration. Many mothers are exhausted after childbirth; proper follow-up resources, such as instructions for breast-feeding, may not be available with early discharge. 2) Background : AB 38 is similar to legislation proposed by the same author last year, AB 1841. AB 1841 passed out of both houses of the Legislature but died in the Assembly pending concurrence in Senate Amendments. AB 38 is almost identical to federal legislation enacted last year governing health coverage for postpartum hospital stays. Among the major differences between this bill and the new federal law is the requirement that this bill take effect immediately, whereas the federal law becomes operative on January 1, 1998. In addition, if the mother and newborn are released before 48 hours, this bill provides coverage for a follow-up visit when prescribed by the treating physician, a benefit not guaranteed by federal law. 3) Support : This bill is supported by a broad range of organizations, including the California Association of HMOs, Health Access, Planned Parenthood Affiliates of California, and the California Healthcare Association. Supporters note that this bill would conform California law to the recently enacted AB 38 Page 4 federal standard. They also argue that the follow-up visit is important so that physicians who may feel it is appropriate to discharge a woman from the hospital before 48 hours have the assurance that there will be follow-up care in the first few days after childbirth. This would also be more cost effective than staying in the hospital for the full two days. AB 38 Page 5 4) Opposition : The California Manufacturers Association is opposed to the bill because of the added cost of the postdischarge visit. SUPPORT :Author (Sponsor) Alameda County Commission on the Status of Women American Association of Physicians of Indian Origin American Association of Retired Persons American Association of University Women American Society of Plastic and Reconstructive Surgeons Berkeley Addiction Treatment Services, Inc. Berkeley Gray Panthers Blue Cross of California Board of Supervisors, County of Sacramento Board of Supervisors of the City and County of San Francisco Butte County Health Coalition California Advocates for Nursing Home Reform California Association of HMOs, Inc. California Catholic Conference California Church Impact California Coalition of United Cerebral Palsy Associations California Commission on Aging California Federation of Business and Professional Women California Federation of Teachers California Healthcare Association California Legislative Council for Older Americans California Neighbor to Neighbor California Nurses Association California School Employees Association California Teachers Association California WIC Association California Women Lawyers Commission on the Status of Women Committee for Recognition of Nursing Achievement Committee for Reproductive Rights Congress of California Seniors Consumer Attorneys of California County of Santa Cruz Health Services Agency Gray Panthers of San Francisco Health Access California International League of Peace and Freedom Latino Coalition for a Healthy California Los Angeles United Cerebral Palsy Marin Democratic Club Marin Women's Commission Monterey County Commission on the Status of Women National Association of Social Workers National Council of Senior Citizens-LA Chapter National Lawyers Guild National Women's Political Caucus of California, Inc. Neighbor to Neighbor-LA Chapter North Country Clinic Older Women's League of California Planned Parenthood Affiliates of California Planning for Elders in the Central City AB 38 Page 6 Registered Nurses Professional Association Resources for Independent Living, Inc. San Fernando Gray Panthers San Francisco AIDS Foundation San Luis Obispo County Commission on the Status of Women Screen Actors Guild SEIU 535 (American Federation of Nurses, Social Service Workers Union) Senior Action Network Senior Medi-Benefits Service Employees International Union The American College of Obstetricians and Gynecologists The American Federation of State, County and Municipal Employees The Fourth Trimester, Inc. United Nurses Association of California Vote Health Coalition women for: Women's Commission County of Santa Cruz several individuals OPPOSITION : California Manufacturers Association Analysis prepared by : Elizabeth Fenton / ains / (916) 445-9160