BILL ANALYSIS
AB 918
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Date of Hearing: May 12, 1999
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Carole Migden, Chairwoman
AB 918 (Keeley) - As Amended: April 19, 1999
Policy Committee: HealthVote:14 - 0
Urgency: No State Mandated Local
Program:YesReimbursable: No
SUMMARY
This bill requires health plan capitation payments to providers
be computed by a qualified actuary, and requires health plans to
annually update an actuarial report.
FISCAL EFFECT
The bill would result in minor enforcement costs to the
Department of Corporations. State costs that would result from
an increase in health plan premiums due to the bill's provisions
would probably be minor.
COMMENTS
1)Purpose of the Bill . This bill is sponsored by the California
Medical Association. The sponsor argues the bill is necessary
because health plans charge and receive money up front to pay
for treatment to be rendered in the future, and that the
actual costs of that treatment is uncertain. Accordingly, the
sponsor believes the resulting risk to contracting providers
should be subject to an actuarial evaluation. The sponsor
believes such an evaluation will indicate whether a health
plan has adequately "spread its risk" through the use of
polling, sufficient stop-loss insurance, and re-insurance, and
has adequate financial reserves to cover any eventuality.
2)Current Practice . Existing regulations require plans to
submit a statement describing the method used to calculate
capitation rates. However, the statement is neither publicly
available nor required to be updated. This bill requires the
actuarial data used to compute capitation rates to be updated
annually and to be filed with the Department of Corporations.
AB 918
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3)Opposition . The California Association of Health Plans
opposes the bill, arguing it 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. The association argues there is no
value in having an actuary certifying capitation rates because
they are based on negotiations, market competition and
individual physician income expectations. Accordingly, plans
believe there is no "actuarially sound" price for physician
services.
4)Prior Legislation . This bill is identical to SB 317
(Calderon) from the 1997-98 session, which was vetoed. In his
veto message, the governor said "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."
Analysis Prepared by : William Wehrle / APPR. / (916) 319-2081