BILL ANALYSIS                                                                                                                                                                                                    



                                                          AB 918
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Date of Hearing:  April 13, 1999

                  ASSEMBLY COMMITTEE ON HEALTH 
                     Martin Gallegos, Chair
       AB 918 (Keeley) - As Introduced:  February 25, 1999
  
SUBJECT  :  Health Plans:  Capitation Payments to Providers.

  SUMMARY  :  Requires that health care service plan (health plan)  
capitation payments to providers be computed appropriately by a  
qualified actuary; requires health plans to annually update an  
actuarial report required by regulations.  Specifically,  this  
bill  :   

1)Requires every health plan to annually update the actuarial  
  report required in a health plan application at the time of  
  licensure and amendment as provided in the rules and  
  regulations promulgated by the Department of Corporations  
  (DOC).

2)Requires any actuarial report to contain an opinion of a  
  qualified actuary as to whether the capitation-based payment  
  arrangements are computed appropriately, as specified, and to  
  comply with applicable laws, including DOC regulations.

3)Requires the actuary opinion to be based on standards adopted  
  by the Actuarial Standards Board and DOC.

4)Defines "qualified actuary" as a member in good standing of  
  the American Academy of Actuaries, who also meets any  
  additional DOC standards adopted by regulation.

5)Provides if a health plan intends to pay some or all of its  
  providers on a capitated basis, the health plan must attach,  
  to the actuarial report, a statement with specified  
  information including the percentage of contracting providers  
  who will be compensated on that basis and a description of the  
  method used to determine and adjust the capitation rates.

6)Provides that the statement attached to the actuarial report  
  also substantiate that the capitation rates are adequate to  
  reasonably assure the continuance of the relationship between  
  the plan and provider.

7)Requires that specified financial calculations of a provider  








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  that are analogous to the information required by health plans  
  be submitted to the health plan upon request.  Provides that  
  nothing in this bill requires a provider to disclose the  
  personal financial information of the provider.

8)Requires the health plan's actuarial report and the provider's  
  financial information to be made available to contracting  
  parties upon request.

9)Provides that nothing in this bill requires DOC to approve the  
  capitation rates of a health plan or to regulate providers in  
  any manner.

  EXISTING LAW  : 

1)Provides for the licensure and regulation of health plans by  
  DOC.

2)Imposes, by DOC regulation, requirements related to health  
  plan actuarial reports.

  FISCAL EFFECT  :  Unknown

  COMMENTS  :    

  1)PURPOSE OF THE BILL  .  This bill is sponsored by the California  
  Medical Association (CMA).  The sponsor points out that health  
  plans charge and receive money up front to pay for treatment  
  to be rendered in the future, and that the actual costs of  
  future health care are uncertain.  This poses a risk that  
  requires actuarial evaluation.  CMA argues that an actuarial  
  evaluation will determine whether the health plan has  
  adequately "spread its risk" through the use of polling,  
  sufficient stop-loss insurance, and re-insurance, and has the  
  financial wherewithal (such as adequate reserves) for any  
  eventuality.  The sponsor notes that when actuaries review  
  health plan capitation rates paid to providers, they are  
  looking for any indication that such rates are not sound.  For  
  example, if capitation rates to providers are too low, then  
  there may be underutilization of health care services, or  
  physicians may not be adequately reimbursed for treatments  
  given to enrollees.  Evaluations may disclose that excessive  
  risk has been transferred by health plans to physicians.  CMA  
  notes last year's bankruptcy of a large medical group and the  
  recent DOC seizure of Med Partners as indications that health  








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  plan capitation payments may not be sufficient to ensure that  
  patients receive the quality and continuity of care they were  
  promised.  CMA concludes that this bill sets forth clear  
  guidelines for health plans to follow that protect patient  
  care, is consistent with the treatment of other health  
  insurance products that require actuarial soundness, and  
  assures fair provider reimbursement for quality health care  
  services.  
  
2)SUPPORT  .  The California Primary Care Association (CPCA)  
  representing community-based health centers and clinics  
  supports the bill pointing out that capitation rates are not  
  regulated and thus market power rather than actuarial  
  soundness prevails. Capitation rates end up being the product  
  of contract negotiations rather than actuarial calculations.   
  CPCA argues that this bill creates a mechanism for evaluating  
  the appropriateness of capitation rates which will provide a  
  check and balance system to prevent abuse.  CPCA argues that  
  providers are not given actuarial information on capitation  
  rates which puts them at a disadvantage in negotiating  
  contracts with HMOs. CPCA believes this bill will protect  
  providers from artificially low capitation rates.  The  
  California Psychiatric Association (CPA) notes that recent  
  bankruptcies of large medical groups make it clear that in  
  many instances capitation rates paid to physicians are  
  inadequate to ensure that patients receive the level of  
  quality care they have been promised.  CPA argues that the  
  bill is needed to enable physicians to review capitation rates  
  to determine whether they are adequate to cover the projected  
  cost of caring for patients.   
  
3)OPPOSITION  .  The California Association of Health Plans (CAHP)  
  opposes the bill unless amended.  CAHP argues that the bill  
  improperly requires the disclosure of confidential,  
  proprietary, competitive information and trade secrets and  
  that such disclosure would put health plans at a disadvantage  
  when negotiating with their contracting providers.  CAHP  
  argues that there is no value in having an actuary certifying  
  capitation rates because they are based on negotiations,  
  market competition and individual physician income  
  expectations - there is no "actuarially sound" price for  
  physician services.  CAHP concludes that the bill will result  
  in higher costs which would divert funds away from medical  
  care.  Health Net argues that the disclosure provisions in the  
  bill represent an inappropriate insertion of the government  








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  into negotiations between plans and providers, and that  
  actuaries should not be making judgments about what level of  
  compensation providers should receive. United Healthcare  
  maintains that the mandatory disclosure of capitation rate  
  setting methodologies is an improper intrusion into freely  
  negotiated contracts and will result in health plans having to  
  provide higher reimbursement rates, sometimes without  
  justification.   
  
4)PRIOR LEGISLATION  .  This bill is identical to SB 317  
  (Calderon) that was vetoed last year. In his veto message, the  
  Governor stated, "Providers can and do retain actuaries and  
  employ negotiators now, without legislative mandate, if they  
  feel it necessary to do so.  The Department of Corporations is  
  required to intervene if a plan is found to have set  
  capitation rates too low to permit necessary care.  But this  
  bill at least implies a larger role for the department as a  
  rate-setter, a role which the enabling Knox-Keene Act  
  expressly forbids."
  
   5)SUGGESTED AMENDMENTS  .  A number of provisions in this bill  
  require compliance with specified DOC regulations.  Those  
  regulations are subject to change at any time, creating  
  uncertainty as to the health plan statutory obligations  
  imposed by this bill.  The author may wish to explore  
  codification of regulatory provisions into this bill as  
  opposed to cross-referencing regulations that may be changed. 

  REGISTERED SUPPORT / OPPOSITION  :   

  Support  

California Medical Association (sponsor)
California Primary Care Association
California Psychiatric Association

  Opposition  

California Association of Health Plans (unless amended)
Health Net
United Healthcare
  
Analysis Prepared by  :  Michael Shapiro / HEALTH / (916) 319-2097  
 









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