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California health care Legislation
 
 
News Bulletin: Updated information on new law recently passed for California health insurance mandate

Health care legislation is an important concern in the California health insurance market.  It affects both the cost of health insurance and coverage options significantly.  A recent study shows that 20% of the recent increases in health insurance premium is a result of legislation (primarily State).  California is probably the most regulated State in the U.S. when it comes to health care and health insurance.  Let's look at the some of the major bills passed, upcoming bills, and future trends.

 
AB 8 (Núñez): "Health Care Coverage"

As of 6/28/07:
Assembly Speaker Fabian Núñez’s (D-Los Angeles) health reform proposal (AB 8) aims to significantly expand affordable health coverage for Californians. The legislation now contains significant provisions from SB 48 (Perata). The bill establishes a "pay or play" system and requires employees of firms that “pay” to enroll in the newly created California Cooperative Health Insurance Purchasing Program (Cal-CHIPP) to receive coverage. The proposal expands eligibility for public health insurance programs for children and parents. The proposal also aims to improve access to coverage on the individual insurance market by standardizing medical underwriting, clarifying eligibility for the high-risk pool, and facilitating comparison shopping.

The proposal would be financed through employer and employee contributions and new federal matching dollars associated with public program expansion. The proposal includes specific elements to help control health care costs. 

Our take on this bill??  This is the big one that currently makes headlines.  It partially follows in the footsteps of Massachusetts.  There are pro's and con's to every system.  Ultimately, the only thing that will reduce costs is if people collectively take better care of themselves (HSA's address this with an individual financial incentive...typically the only thing that works) or if care is rationed.  For example, in Canada, if you want an MRI, you go on a waiting list which typically runs 6 months.  There are more MRI's in Minneapolis-St Paul than all of Canada. The question with our current system is whether we can (or are willing to) afford this access to care.  The interesting thing is that people who are strongly in favor of Single Payer typically despise HMO's.  What they don't realize is that they are one in the same.  The reason Single Payer plans ration care is because they are fixed dollar.  You have an allotted budget for health care for the year.  You divvy up that budget ($25,000 million for MRI's, $1 billion for hospital, etc).  Let's say in our example, the $25m of MRI's affords 10 million MRI's.  That's the number...no more.  They ration care based on that.  HMO's are also fixed dollar plans.  Each doctor is given a certain amount per enrollee and he/she (or the medical group) works within that budget.  Our system increases the premium based on the claims but there is no rationing of care (although some management on behalf of carriers).  If a person medically needs 6 MRI's in a year (say to watch the advance or status of cancer), then that's what they get.    Ultimately, there's no free ride in the universe.  You either must reduce medical costs or ration care in any system.  France has double the tax and unemployed we have.  Something has to give in either system and most likely, the best approach is in the middle.  If California were to pass a law that is guaranteed issue (can qualify regardless of health) and mandates coverage, premium costs will likely go up 50% or more.  This has been the history in any State that attempted such a thing.   The other issue that is specific to California is that they're are many un-insured (millions) who are not in the system.  How do you mandate coverage for these individuals if they do not fall in the tax for DMV system?  The issue of people using hospitals as last resort will not be fixed.  There will likely be a piecemeal progression towards part private market and more government based programs. 




Mental Health Parity

Mental health parity essentially states that mental health benefits should match medical bills.  California is one of the first States to pass such a bill and the US will likely follow suit on a Federal Level.  This bill has greatly expanded coverage for important conditions and has also significantly increased insurance premiums.  The brand-name medication coverage for depression, anxiety, and other qualified conditions alone is a significant factor due to the high cost and prevalence of these drugs.  Let's take a quick look at the rough sketches of this bill:

Health & Safety Code 1374.72; Insurance Code 10144.5.  Effective for contracts issued, amended, or renewed on or after 7/1/00.  Does not apply to Medi-Cal HMOs.

Health plans must provide coverage for the diagnosis and medically necessary treatment of severe mental illness in any person or serious emotional disturbance of a child. The health plan may provide the required services through a separate or specialized health care service plan.

The benefits must include:

  • outpatient services;
  • inpatient hospital services;
  • partial hospital services;
  • prescription drugs, if the plan covers prescription drugs.

Benefits that must be applied equally to all benefits under the health plan contract include:

Severe mental illness includes:

  • schizophrenia;
  • schizoaffective disorder;
  • bipolar disorder (manic-depressive illness);
  • major depressive disorders;
  • panic disorders;
  • obsessive-compulsive disorder;
  • pervasive developmental disorder or autism;
  • anorexia nervosa;
  • bulimia nervosa.

Serious emotional disturbance of a child is defined as a child who:

(1) has one or more mental disorders identified in the DSM, other than a primary substance abuse disorder or developmental disorder, that results in behavior inappropriate to the child's age according to expected developmental norms, AND

(2) meets the criteria specified in Welfare & Institutions code 5600.3 (a)(2) -- as a result of the mental disorder, ONE of the following occurs:

(A) The child has substantial impairment in at least two of the following areas: self-care, school functioning, family relationships, or ability to function in the community; AND either of the following occur:
(i) the child is at risk of removal from home or has already been removed from the home, or

(ii) the mental disorder and impairments have been present for more than six months or are likely to continue for more than one year without treatment, OR

(B) The child displays one of the following: psychotic features, risk of suicide or risk of violence due to a mental disorder, OR

(C) The child meets special education eligibility requirements (is an "individual with exceptional needs" identified by an individualized education program team as a child with a disability, and the child's impairment requires instruction, services, or both, which cannot be provided with modification of the regular school program).

 

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SCHIPS Plan
The State Children's Health Insurance Program (SCHIP) began in 1997. Also know as Title XXI, SCHIP was part of the federal Balanced Budget Act of 1997. SCHIP provides a capped amount of funds to states on a matching basis for federal fiscal years (FY) 1008 through 2007 to provide coverage to low-income uninsured children. SCHIP represents the most comprehensive federal effort to ensure health insurance coverage of children since the creation of Medicaid. Since the states have several options as to how they can develop programs to provide coverage to the children in their states, different parts of the country have been more successful than others in reaching out to low-income kids.

SCHIP will expire on September 30, 2007 unless it is reauthorized by Congress. The program enjoys wide bipartisan support but there are differences of opinion regarding the reauthorization. Some members of Congress would like to expand the program. Among the policy changes under consideration include formally allowing adults into the program, changing the program from a block grant to an entitlement and raising the eligibility criteria.


HSA or Health Savings Accounts
Health Savings Accounts are tax-advantaged personal savings accounts used in conjunction with a qualified high-deductible health plan (HDHPs) to help pay for unreimbursed medical expenses. Contributions to HSAs may be received from employers, individuals or any combination of both. Employer contributions are excludable from income and individual contributions are deductible, regardless of whether or not a taxpayer itemizes deductions. Annual contributions are limited to a
statuary level and out-of-pocket maximums are limited, but individuals age 55 and over with accounts can make additional contributions. HSAs are portable and funds carry over to subsequent years.
 

 


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