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








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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  
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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  
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        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