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National Hispanic Medical Association National Hispanic Medical Association March 2011 March 2011 The Federal Health The Federal Health Law and the States: Law and the States: In California: What’s New, In California: What’s New, What’s Next & What Do We Need What’s Next & What Do We Need to Do? to Do? www.health-access.org www.facebook.com/healthaccess www.twitter.com/healthaccess
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Page 1: National Hispanic Medical Association March 2011 The Federal Health Law and the States: In California: What’s New, What’s Next & What Do We Need to Do?

National Hispanic Medical AssociationNational Hispanic Medical AssociationMarch 2011March 2011

The Federal Health The Federal Health Law and the States:Law and the States:In California: What’s New, In California: What’s New,

What’s Next & What Do We What’s Next & What Do We Need to Do?Need to Do?

www.health-access.org

www.facebook.com/healthaccess

www.twitter.com/healthaccess

Page 2: National Hispanic Medical Association March 2011 The Federal Health Law and the States: In California: What’s New, What’s Next & What Do We Need to Do?

Why CA Needed ReformWhy CA Needed Reform Californians have suffered disproportionately as a result of Californians have suffered disproportionately as a result of

their coverage not being there when they needed it.their coverage not being there when they needed it.

– Californians are more likely to be uninsured than most Americans: Californians are more likely to be uninsured than most Americans: 8 million Californians are uninsured this year, and live sicker, die 8 million Californians are uninsured this year, and live sicker, die younger, and are one emergency away from financial ruin.younger, and are one emergency away from financial ruin.

– Californians are less likely to get coverage from an employer, and Californians are less likely to get coverage from an employer, and such coverage is eroding.such coverage is eroding.

– Californians are more likely, as a result, to have to buy coverage as Californians are more likely, as a result, to have to buy coverage as individuals, and thus more Californians have a lack of affordable individuals, and thus more Californians have a lack of affordable coverage options, and more can not get coverage at any price, due coverage options, and more can not get coverage at any price, due to pre-existing conditions.to pre-existing conditions.

– California has a high cost-of-living, and a greater percentage of California has a high cost-of-living, and a greater percentage of lower-wage workers, meaning more Californians need help to lower-wage workers, meaning more Californians need help to afford coverage afford coverage

– Californians rely on public health insurance programs and the Californians rely on public health insurance programs and the health care safety net, but state budget cuts are making this health care safety net, but state budget cuts are making this challenging.challenging.

– Californians need protection from inadequate coverage and Californians need protection from inadequate coverage and discriminatory practices by insurers and employers.discriminatory practices by insurers and employers.

– Each of these facts about disproportionate burdens Each of these facts about disproportionate burdens especially apply to Latinos in California as well.especially apply to Latinos in California as well.

Page 3: National Hispanic Medical Association March 2011 The Federal Health Law and the States: In California: What’s New, What’s Next & What Do We Need to Do?

It Can Get Worse:It Can Get Worse:The California BudgetThe California Budget

After years of cuts (including eliminating dental & 8 other After years of cuts (including eliminating dental & 8 other benefits from Medi-Cal), the pending budget would cut $12.5 benefits from Medi-Cal), the pending budget would cut $12.5 billion, half from health and human services. In Medi-Cal, it billion, half from health and human services. In Medi-Cal, it would: would:

– Cap doctor visits to 7/year (with exceptions)Cap doctor visits to 7/year (with exceptions)– Impose co-payments, including $5/doctor visit, $50 Impose co-payments, including $5/doctor visit, $50

emergency room, and $100 for a hospital night.emergency room, and $100 for a hospital night.– Reduce provider rates by 10%.Reduce provider rates by 10%.– Eliminate Adult Day Health Care, and replace it with a Eliminate Adult Day Health Care, and replace it with a

new program with half the money.new program with half the money.– Eliminate coverage of over-the-counter drugs, and limit Eliminate coverage of over-the-counter drugs, and limit

coverage to hearing aids & enternal nutrition products. coverage to hearing aids & enternal nutrition products. – Raise Healthy Families premiums and co-payments.Raise Healthy Families premiums and co-payments.

If tax rates aren’t extended by a vote of the If tax rates aren’t extended by a vote of the people, the cuts get much, much worse.people, the cuts get much, much worse.

Page 4: National Hispanic Medical Association March 2011 The Federal Health Law and the States: In California: What’s New, What’s Next & What Do We Need to Do?

The Biggest Reforms of Our The Biggest Reforms of Our EraEra

The health reform law doesn’t do all that is needed,The health reform law doesn’t do all that is needed,

but it is historic Congressional action in three areas of focus:but it is historic Congressional action in three areas of focus:

1)1) Provides new consumer protections Provides new consumer protections to prevent the to prevent the worst insurance industry abusesworst insurance industry abuses• Biggest reform of insurance practices ever: no denials for pre-Biggest reform of insurance practices ever: no denials for pre-

existing conditions; no rescissions; no lifetime/annual caps on existing conditions; no rescissions; no lifetime/annual caps on coverage; etccoverage; etc

2) Ensures security 2) Ensures security for those with coverage, andfor those with coverage, and new and new and affordable options affordable options for those without coveragefor those without coverage• Biggest expansion of coverage in 45 years; Would bring US from Biggest expansion of coverage in 45 years; Would bring US from

85% to 95% coverage.85% to 95% coverage.• Expansion of Medicaid and a new exchange, with affordability Expansion of Medicaid and a new exchange, with affordability

tax credits so premiums are tied to income, not how sick we tax credits so premiums are tied to income, not how sick we are.are.

3) Begins to control health care costs3) Begins to control health care costs, for our families and , for our families and our government.our government.• Multiple efforts to ensure quality & reduce costMultiple efforts to ensure quality & reduce cost• Biggest deficit reduction measure in a generation.Biggest deficit reduction measure in a generation.• Big investments in prevention, with unbooked savingsBig investments in prevention, with unbooked savings

Page 5: National Hispanic Medical Association March 2011 The Federal Health Law and the States: In California: What’s New, What’s Next & What Do We Need to Do?

Challenges: Myths Vs. Challenges: Myths Vs. RealityReality

The new health law has real challenges, but they are not The new health law has real challenges, but they are not insurmountable.insurmountable.

1) Repeal: 1) Repeal: The House of Representatives passed H.R. 2 on a largely party-The House of Representatives passed H.R. 2 on a largely party-line vote, but it failed in the Senate. President Obama has pledged to veto line vote, but it failed in the Senate. President Obama has pledged to veto repeal efforts, but has supported specific reforms:repeal efforts, but has supported specific reforms:• 1099 small business tax reporting1099 small business tax reporting• State flexibility to meet ACA goals moved from 2017 to 2014.State flexibility to meet ACA goals moved from 2017 to 2014.

2) Lawsuits: 2) Lawsuits: Over a dozen legal challenges were thrown out of court. Of the Over a dozen legal challenges were thrown out of court. Of the five district court judges,five district court judges,• Three ruled the ACA was constitutionalThree ruled the ACA was constitutional• One struck down a specific provision requiring individuals to have One struck down a specific provision requiring individuals to have

coverage, but upheld the rest.coverage, but upheld the rest.• Only one struck down the entire ACA.Only one struck down the entire ACA.This is clearly going to Appeals Court and eventually the Supreme Court.This is clearly going to Appeals Court and eventually the Supreme Court.

3) Defunding: 3) Defunding: 85% of ACA funding is already appropriated without further 85% of ACA funding is already appropriated without further Congressional action. Some funds for cost-saving pilot programs and Congressional action. Some funds for cost-saving pilot programs and prevention need Congressional approval, and many items will be the prevention need Congressional approval, and many items will be the subject of budget negotiations.subject of budget negotiations.

4) THE REAL ISSUE: STATE IMPLEMENTATION: California is 4) THE REAL ISSUE: STATE IMPLEMENTATION: California is aggressively take advantage of the new funding, benefits, aggressively take advantage of the new funding, benefits, options, and consumer protectionsoptions, and consumer protections, building momentum to , building momentum to overcome other political obstacles.overcome other political obstacles.

Page 6: National Hispanic Medical Association March 2011 The Federal Health Law and the States: In California: What’s New, What’s Next & What Do We Need to Do?

How 38 Million How 38 Million Californians Get Californians Get Coverage NowCoverage Now

Employer-Based CoverageEmployer-Based CoverageAround Half, 18-19 MillionAround Half, 18-19 Million

Public Programs: About a Third (10-11 million)Public Programs: About a Third (10-11 million)Medicare: 4 millionMedicare: 4 million

Medi-Cal: 7.7 millionMedi-Cal: 7.7 million• Healthy Families: Nearly 1 millionHealthy Families: Nearly 1 million

Individual Insurance MarketIndividual Insurance MarketAbout 5% (around 2 million) About 5% (around 2 million)

Uninsured: Around 7 millionUninsured: Around 7 million– Nearly 75% communities of color; 60% LatinoNearly 75% communities of color; 60% Latino– 80% working families; less than 20% undocumented80% working families; less than 20% undocumented

Page 7: National Hispanic Medical Association March 2011 The Federal Health Law and the States: In California: What’s New, What’s Next & What Do We Need to Do?

Securing On-the-Job Securing On-the-Job Coverage:Coverage:

Subsidies and StandardsSubsidies and Standards Around half of all Californians (18 million) already Around half of all Californians (18 million) already have coverage through their employer, andhave coverage through their employer, and reform reform will make on-the-job coverage more secure and will make on-the-job coverage more secure and reliablereliable

Many small employers of low-wage workers will Many small employers of low-wage workers will receive significant subsidiesreceive significant subsidies (tax credits up to (tax credits up to 35% of premiums) to help pay for coverage.35% of premiums) to help pay for coverage.

Larger employers (over 50 FTEs) will either cover their Larger employers (over 50 FTEs) will either cover their workers, or may have to contribute to their care—workers, or may have to contribute to their care—setting a standard much like the minimum wage does setting a standard much like the minimum wage does for pay:for pay:– Provide Health Benefits for Full-Time, Non-Seasonal workers Provide Health Benefits for Full-Time, Non-Seasonal workers

OROR– Pay a penalty for Full-Time, Non-Seasonal worker in exchange Pay a penalty for Full-Time, Non-Seasonal worker in exchange

($2,000/$3,000 depending on coverage offer)($2,000/$3,000 depending on coverage offer)– Full-Time and Non-Seasonal Defined:Full-Time and Non-Seasonal Defined:

Full-Time=Average 30 hours per week in monthFull-Time=Average 30 hours per week in month Non-Seasonal=120 days for one employer in a yearNon-Seasonal=120 days for one employer in a year

Page 8: National Hispanic Medical Association March 2011 The Federal Health Law and the States: In California: What’s New, What’s Next & What Do We Need to Do?

Improving Public Programs: Improving Public Programs: MedicareMedicare

Nearly a third of Californians (10 million+) get Nearly a third of Californians (10 million+) get coverage thru Medicare, Medicaid, SCHIP, etc.coverage thru Medicare, Medicaid, SCHIP, etc.

For seniors,For seniors, Medicare Medicare will remain intact and will remain intact and be strengthened so it is more stablebe strengthened so it is more stable– No reductions in Medicare benefit package; some No reductions in Medicare benefit package; some

improvements:improvements:– Closes “donut hole” gap in prescription drug coverageCloses “donut hole” gap in prescription drug coverage

Right now, coverage runs out at around $2,830/year; doesn’t kick Right now, coverage runs out at around $2,830/year; doesn’t kick back in until over $4,550.back in until over $4,550.

In 2010, impacted seniors will get $250 rebateIn 2010, impacted seniors will get $250 rebate Annual improvements until drug coverage becomes completeAnnual improvements until drug coverage becomes complete

– No cost-sharing for preventative screenings & careNo cost-sharing for preventative screenings & care– Roots out waste, fraud, and abuse, especially overpayments Roots out waste, fraud, and abuse, especially overpayments

to insurance companies in Medicare Advantage.to insurance companies in Medicare Advantage.– Extends solvency of Medicare for nearly a decadeExtends solvency of Medicare for nearly a decade

Page 9: National Hispanic Medical Association March 2011 The Federal Health Law and the States: In California: What’s New, What’s Next & What Do We Need to Do?

Improving Public Programs: Improving Public Programs: MedicaidMedicaid

MedicaidMedicaid (Medi-Cal in CA) will be expanded to (Medi-Cal in CA) will be expanded to cover lowest-income families, including adults cover lowest-income families, including adults without dependent childrenwithout dependent children– Expands Medicaid for all under 133% of the federal Expands Medicaid for all under 133% of the federal

poverty level (excluding undocumented immigrants)poverty level (excluding undocumented immigrants) Before reform, adults without kids at home excludedBefore reform, adults without kids at home excluded

– 2-3 million additional Californians on Medi-Cal (67% 2-3 million additional Californians on Medi-Cal (67% Latino)Latino) For newly-eligible population, federal government will pay For newly-eligible population, federal government will pay

100% of costs for 2014-2016; In 2020 and beyond, will pay 100% of costs for 2014-2016; In 2020 and beyond, will pay up 90% of cost (9:1 match)up 90% of cost (9:1 match)

– Reduces paperwork and eligibility barriersReduces paperwork and eligibility barriers Example: Removes complicated “asset test” that is barrier to Example: Removes complicated “asset test” that is barrier to

enrollment, and that prevents poor families from savingenrollment, and that prevents poor families from saving

– SCHIP (Healthy Families in CA) intact; 66% LatinoSCHIP (Healthy Families in CA) intact; 66% Latino– States need to implement; pending legislation in CAStates need to implement; pending legislation in CA

Page 10: National Hispanic Medical Association March 2011 The Federal Health Law and the States: In California: What’s New, What’s Next & What Do We Need to Do?

The Exchange: Providing New, The Exchange: Providing New, Affordable ChoicesAffordable Choices

For those who still must buy coverage as individuals For those who still must buy coverage as individuals (over 2 million Californians currently—more than (over 2 million Californians currently—more than double in the future):double in the future):

Unlike current individual market, Unlike current individual market, no denials or no denials or different premiums for pre-existing conditions.different premiums for pre-existing conditions.

A new state-levelA new state-level Health Insurance Exchange Health Insurance Exchange that that will offer a number of affordable coverage options.will offer a number of affordable coverage options.– Affordability credits Affordability credits will be provided for will be provided for

coverage purchased in the Exchange for families coverage purchased in the Exchange for families earning up to 400% FPL (~$73K for family of 3).earning up to 400% FPL (~$73K for family of 3).

– TheThe Exchange will make it Exchange will make it easier to understandeasier to understand and get a quality, affordable health plan, offering a and get a quality, affordable health plan, offering a range of easy-to-compare insurance products, with range of easy-to-compare insurance products, with basic benefits. basic benefits.

– The Exchange can use its The Exchange can use its bargaining power to bargaining power to provide the “group rate”provide the “group rate” for individuals and for individuals and small businesses, to get the best possible price.small businesses, to get the best possible price.

Page 11: National Hispanic Medical Association March 2011 The Federal Health Law and the States: In California: What’s New, What’s Next & What Do We Need to Do?

Sliding Scale SubsidiesSliding Scale Subsidies

Page 12: National Hispanic Medical Association March 2011 The Federal Health Law and the States: In California: What’s New, What’s Next & What Do We Need to Do?

The ExchangeThe ExchangeCalifornia’s first-in-the-nation legislation to establish an Exchange California’s first-in-the-nation legislation to establish an Exchange

post-reform:post-reform:

Provides for “selective contracting,” so it can negotiate for Provides for “selective contracting,” so it can negotiate for individuals and small businesses, who otherwise are left all alone at individuals and small businesses, who otherwise are left all alone at the mercy of the big insurers.the mercy of the big insurers.

Can serve as the HR department for Californians, negotiating a Can serve as the HR department for Californians, negotiating a better deal, vetting products, providing neutral and credible better deal, vetting products, providing neutral and credible information, standardizing benefits, and fixing issues that come up.information, standardizing benefits, and fixing issues that come up.

Strong language access requirements for Exchange and plans in Strong language access requirements for Exchange and plans in the Exchange: Over a third of the Exchange is expected to speak the Exchange: Over a third of the Exchange is expected to speak primarily in a language other than English.primarily in a language other than English.

Overall, Exchange will be 65% communities of color; 50% LatinoOverall, Exchange will be 65% communities of color; 50% Latino

Five board members, selected by Govs & leg leaders. 4 of 5 appointed.Five board members, selected by Govs & leg leaders. 4 of 5 appointed. Initial work: Hire an Executive Director and staff; business plan; apply Initial work: Hire an Executive Director and staff; business plan; apply

for federal funds through 2014; eligibility and enrollment systems; IT for federal funds through 2014; eligibility and enrollment systems; IT systems; navigation; stakeholder process; public education and systems; navigation; stakeholder process; public education and outreach; etc. outreach; etc.

Page 13: National Hispanic Medical Association March 2011 The Federal Health Law and the States: In California: What’s New, What’s Next & What Do We Need to Do?

Ensuring Affordable Ensuring Affordable Coverage Coverage

& Essential Benefits& Essential BenefitsIn each of the ways people get coverage today, throughIn each of the ways people get coverage today, through

1)1)an employeran employer2)2)a public program, ora public program, or3)3)buying it as an individualbuying it as an individual

new protections will ensure that coverage includes: new protections will ensure that coverage includes:

AffordabilityAffordability– Premiums not to exceed a percentage of income—sliding scale up to 9.5% Premiums not to exceed a percentage of income—sliding scale up to 9.5%

of income.of income.– No lifetime limits, no annual limitsNo lifetime limits, no annual limits– Cap on out-of-pocket costs (co-pays, deductibles) of $5,950 Cap on out-of-pocket costs (co-pays, deductibles) of $5,950

individual/$11,900 family (2010 dollars)individual/$11,900 family (2010 dollars)– No co-pays for preventive services like mammograms and prostate cancer No co-pays for preventive services like mammograms and prostate cancer

screening.screening. Basic BenefitsBasic Benefits

– Covers doctors, hospitals, prescription drugs, mental health parity.Covers doctors, hospitals, prescription drugs, mental health parity.– Comparable to most large employers now. (Knox/Keene+Rx)Comparable to most large employers now. (Knox/Keene+Rx)

Purchasing Power of Group CoveragePurchasing Power of Group Coverage Consumer ProtectionsConsumer Protections

– Example: Medical Loss Ratio: 85 cents of premiums must be spent on careExample: Medical Loss Ratio: 85 cents of premiums must be spent on care

Page 14: National Hispanic Medical Association March 2011 The Federal Health Law and the States: In California: What’s New, What’s Next & What Do We Need to Do?

ACA Impacts on CoverageACA Impacts on Coverage Employer-Based CoverageEmployer-Based Coverage

– Roughly the same (potentially stabilize long-term erosion, Roughly the same (potentially stabilize long-term erosion, some small businesses may join the SHOP Exchange)some small businesses may join the SHOP Exchange)

Medi-CalMedi-Cal– Increases potentially by 2-3 million—for a total of 9-10 millionIncreases potentially by 2-3 million—for a total of 9-10 million– Increased rates in 2013-14 for primary careIncreased rates in 2013-14 for primary care

Individual Market and the ExchangeIndividual Market and the Exchange– Individual market doubles to potentially 4-5 million.Individual market doubles to potentially 4-5 million.– Up tp 4 million getting subsidies in the ExchangeUp tp 4 million getting subsidies in the Exchange– Half (1.7 million) would be newly insured; the rest were getting Half (1.7 million) would be newly insured; the rest were getting

coverage in the individual market but now getting help to pay coverage in the individual market but now getting help to pay for expensive coverage.for expensive coverage.

– Exchange Demographics: low/moderate-income families of Exchange Demographics: low/moderate-income families of colorcolor

UninsuredUninsured– 4.7 million (2/3 of the uninsured) are eligible for subsidized 4.7 million (2/3 of the uninsured) are eligible for subsidized

coverage; more could become coveredcoverage; more could become covered– Some won’t be signed up; some will not qualify for help due to Some won’t be signed up; some will not qualify for help due to

income or immigration status; there will be residual populationincome or immigration status; there will be residual population

Page 15: National Hispanic Medical Association March 2011 The Federal Health Law and the States: In California: What’s New, What’s Next & What Do We Need to Do?

Securing the Safety-NetSecuring the Safety-NetThe Need for TransformationThe Need for Transformation

– For community clinics, public hospitals, and others, this a For community clinics, public hospitals, and others, this a challenge and opportunitychallenge and opportunity

– Potential new resources: Direct funds for clinics, newly insured Potential new resources: Direct funds for clinics, newly insured consumers with dollars attached to them.consumers with dollars attached to them.

– Will their consumers stay with them, or go to other providers? Are Will their consumers stay with them, or go to other providers? Are they ready to compete?they ready to compete?

– What is the business plan?What is the business plan?– Goal: Not Just Surviving, but ThrivingGoal: Not Just Surviving, but Thriving

Assessing the Entire SystemAssessing the Entire System– With many more insured, we need the capacity of the existing With many more insured, we need the capacity of the existing

safety-net to provide the care.safety-net to provide the care.– The newly-insured will have specific needs, such as The newly-insured will have specific needs, such as

language accesslanguage access (Example: Healthy San Francisco) (Example: Healthy San Francisco)– The safety-net will still need strategy and support to provide care The safety-net will still need strategy and support to provide care

to the remaining uninsured.to the remaining uninsured.– How can we provide care better, and more cost-effective? How How can we provide care better, and more cost-effective? How

can the county’s health system-public & private-be ready in can the county’s health system-public & private-be ready in 2014?2014?

– Overall reforms of delivery systems…Overall reforms of delivery systems…

Page 16: National Hispanic Medical Association March 2011 The Federal Health Law and the States: In California: What’s New, What’s Next & What Do We Need to Do?

Cost ContainmentCost Containment PreventionPrevention: Major investments in prevention and public health; : Major investments in prevention and public health;

Change delivery system to promote primary and preventative care; Change delivery system to promote primary and preventative care; no cost-sharing for preventative care to encourage use; other no cost-sharing for preventative care to encourage use; other efforts like menu labeling.efforts like menu labeling.

Bulk PurchasingBulk Purchasing through group coverage, and a new exchange, to through group coverage, and a new exchange, to bargain for better rates.bargain for better rates.

Abolishing UnderwritingAbolishing Underwriting and its expense and incentives, getting and its expense and incentives, getting insurers to compete on cost & quality rather than risk selection.insurers to compete on cost & quality rather than risk selection.

Information TechnologyInformation Technology to foster electronic records, reduce to foster electronic records, reduce bureaucracy, get better data on cost & qualitybureaucracy, get better data on cost & quality

Better Research from Transparency EffortsBetter Research from Transparency Efforts on prices and on prices and health outcomes; and on health outcomes; and on comparative effectivenesscomparative effectiveness of key of key treatments.treatments.

Patient SafetyPatient Safety measures to reduce hospital-acquired infections, measures to reduce hospital-acquired infections, reduce hospital re-admissions, etc. reduce hospital re-admissions, etc.

Payment ReformsPayment Reforms to reward quality & better health outcomes, to reward quality & better health outcomes, including better care coordination and disease management; including better care coordination and disease management;

Coverage for allCoverage for all both directly (prevention, reduces cost-shift) both directly (prevention, reduces cost-shift) reduces costs and helps provides policy tools for further efforts.reduces costs and helps provides policy tools for further efforts.

Page 17: National Hispanic Medical Association March 2011 The Federal Health Law and the States: In California: What’s New, What’s Next & What Do We Need to Do?

PreventionPrevention Outside the health systemOutside the health system

– Beyond no cost-sharing for preventative care, Beyond no cost-sharing for preventative care, and other delivery system reformsand other delivery system reforms

Health In All PoliciesHealth In All Policies– Housing, Zoning, Education, Environmental, Housing, Zoning, Education, Environmental,

Transportation, Food Security, Public Safety, and Transportation, Food Security, Public Safety, and other services all vital.other services all vital.

– Place matters: Major opportunity for county-Place matters: Major opportunity for county-based policy interventionsbased policy interventions

Major Investments in Public HealthMajor Investments in Public Health Community Transformation GrantsCommunity Transformation Grants Other PoliciesOther Policies

– Menu labeling, etc.Menu labeling, etc.

Page 18: National Hispanic Medical Association March 2011 The Federal Health Law and the States: In California: What’s New, What’s Next & What Do We Need to Do?

Health Reform and YouHealth Reform and You

IF YOU ARE INSUREDIF YOU ARE INSURED, nothing requires you to , nothing requires you to change your coverage; but your coverage will be change your coverage; but your coverage will be more secure and stable:more secure and stable:

– Makes it more likely your employer continues to offer Makes it more likely your employer continues to offer coverage, set minimum standards for such coverage.coverage, set minimum standards for such coverage.

– Improves Medicare and expands Medicaid.Improves Medicare and expands Medicaid.

– Fixes the “individual market” of coverage in multiple Fixes the “individual market” of coverage in multiple ways.ways.

– Ensures that even if your life situation changes (job Ensures that even if your life situation changes (job change, divorce, graduation), you have access to change, divorce, graduation), you have access to affordable coverage.affordable coverage.

– Provides the foundation to bring down the overall costs Provides the foundation to bring down the overall costs of health careof health care

Page 19: National Hispanic Medical Association March 2011 The Federal Health Law and the States: In California: What’s New, What’s Next & What Do We Need to Do?

Health Reform and YouHealth Reform and You IF YOU ARE UNINSUREDIF YOU ARE UNINSURED, , you will need to get coverage, you will need to get coverage,

but there will be new help and new options to ensure but there will be new help and new options to ensure coverage is:coverage is:

– AVAILABLE:AVAILABLE: No denials or different rates for pre-existing No denials or different rates for pre-existing conditions.conditions.

– AFFORDABLE:AFFORDABLE: Subsidies/affordability credits for low & mid Subsidies/affordability credits for low & mid income families to limit out of pocket costs to a certain income families to limit out of pocket costs to a certain percentage of income, plus other efforts to bring down costs.percentage of income, plus other efforts to bring down costs.

– ADEQUATEADEQUATE: Minimum benefit standards and a cap on out-of-: Minimum benefit standards and a cap on out-of-pocket costs, so no one goes into significant debt or bankruptcy.pocket costs, so no one goes into significant debt or bankruptcy.

– ADMINISTRATIVELY SIMPLE:ADMINISTRATIVELY SIMPLE: The Exchange provides choice The Exchange provides choice and convenience, making it easy to compare and sign up for and convenience, making it easy to compare and sign up for plans.plans.

– Note that the individual mandate includes Note that the individual mandate includes exemptionsexemptions for for affordability and hardship.affordability and hardship.

Page 20: National Hispanic Medical Association March 2011 The Federal Health Law and the States: In California: What’s New, What’s Next & What Do We Need to Do?

HEALTH REFORM:HEALTH REFORM:Next StepsNext Steps

in the Statesin the States

Page 21: National Hispanic Medical Association March 2011 The Federal Health Law and the States: In California: What’s New, What’s Next & What Do We Need to Do?

The Benefits of Health The Benefits of Health ReformReform

1.1. Near-universal coverage for all, Near-universal coverage for all, with expansions of group with expansions of group coverage, both public and private.coverage, both public and private.

2.2. New consumer protectionsNew consumer protections: New rules and oversight on : New rules and oversight on insurers that include the abolition of underwriting and limits insurers that include the abolition of underwriting and limits on age-based rates and on premiums dollars going to on age-based rates and on premiums dollars going to administration and profit.administration and profit.

3.3. The biggest expansion of MedicaidThe biggest expansion of Medicaid since its creation 40 since its creation 40 years ago.years ago.

4.4. Sliding scale subsidies tied to incomeSliding scale subsidies tied to income: Consumers will : Consumers will pay for coverage not based on how sick they are, but what pay for coverage not based on how sick they are, but what they can afford.they can afford.

5.5. The end of most junk insuranceThe end of most junk insurance and bankruptcies due to and bankruptcies due to medical bills, with a cap on out-of-pocket costs.medical bills, with a cap on out-of-pocket costs.

6.6. Fair share financingFair share financing, including an employer assessment as , including an employer assessment as important in concept as the minimum wage.important in concept as the minimum wage.

7.7. Assistance for small business Assistance for small business and their workersand their workers to be able to be able to afford coverage.to afford coverage.

8.8. Improvements for existing public programsImprovements for existing public programs, such as , such as filling donut hole in Medicare & simplifying Medicaid.filling donut hole in Medicare & simplifying Medicaid.

9.9. The tools for cost containment and quality The tools for cost containment and quality improvementimprovement in health care generally, from prevention to IT in health care generally, from prevention to IT to bulk purchasing.to bulk purchasing.

10.10. Momentum to do moreMomentum to do more in the future, politically and policy- in the future, politically and policy-wise, in health care and beyondwise, in health care and beyond

Page 22: National Hispanic Medical Association March 2011 The Federal Health Law and the States: In California: What’s New, What’s Next & What Do We Need to Do?

Fulfilling the Promise: A Fulfilling the Promise: A New Federal/State New Federal/State

PartnershipPartnership The work continues:The work continues:– To implement and to improveTo implement and to improve

– Policy and political; defense and offensePolicy and political; defense and offense

– State and federalState and federal

– Legislative and regulatoryLegislative and regulatory

Many decisions will be made at the state level with Many decisions will be made at the state level with respect to implementing federal health reform respect to implementing federal health reform provisions. California will determine the outcome of provisions. California will determine the outcome of 1/71/7thth of national health reform. of national health reform.

This creates a responsibility for Californians, but also This creates a responsibility for Californians, but also an opportunity to lead, to improve health reform…an opportunity to lead, to improve health reform…

A legislative agenda that implements; goes early; A legislative agenda that implements; goes early; goes beyondgoes beyond

Page 23: National Hispanic Medical Association March 2011 The Federal Health Law and the States: In California: What’s New, What’s Next & What Do We Need to Do?

Fulfilling the Promise:Fulfilling the Promise:California 2010California 2010

– Created an Exchange Created an Exchange that is transparent, consumer-that is transparent, consumer-friendly, easy-to-use, fairly governed, and that friendly, easy-to-use, fairly governed, and that negotiates with the insurers to provide the best value to negotiates with the insurers to provide the best value to consumers: AB1602 (Perez) & SB900 (Alquist/Steinberg)consumers: AB1602 (Perez) & SB900 (Alquist/Steinberg)

– Ensured availability of child-only plans, prohibited Ensured availability of child-only plans, prohibited children with pre-existing conditions to be denied children with pre-existing conditions to be denied coverage, and limited higher rates:coverage, and limited higher rates: AB2244 (Feuer) AB2244 (Feuer)

– Made rate hikes (& supporting information) Made rate hikes (& supporting information) public:public: SB1163 (Leno) SB1163 (Leno)

– Conformed state lawConformed state law to many new federal consumer to many new federal consumer protections, including rescissions, dependent coverage protections, including rescissions, dependent coverage up to age 26, no cost-sharing for preventative care, etc.up to age 26, no cost-sharing for preventative care, etc.

Page 24: National Hispanic Medical Association March 2011 The Federal Health Law and the States: In California: What’s New, What’s Next & What Do We Need to Do?

Fulfilling the Promise:Fulfilling the Promise:The Medi-Cal WaiverThe Medi-Cal Waiver

California’s “Medicaid waiver” is being negotiated California’s “Medicaid waiver” is being negotiated this year, to determine the next five years of the this year, to determine the next five years of the program, which covers 7 million Californians. Some program, which covers 7 million Californians. Some shared goals include:shared goals include:

– Be ready for health reform: through early Be ready for health reform: through early enrollment and other efforts, have over one enrollment and other efforts, have over one million in Medi-Cal on Day 1: January 1, 2014million in Medi-Cal on Day 1: January 1, 2014

– Help bring in additional federal funds to Help bring in additional federal funds to California, for the state budget and for our California, for the state budget and for our safety-net institutions, especially public safety-net institutions, especially public hospitalshospitals

– Incorporate other delivery system reforms, Incorporate other delivery system reforms, around coordinated carearound coordinated care

– Ensure key consumer protections for seniors Ensure key consumer protections for seniors and people with disabilities, before any patient and people with disabilities, before any patient is mandatorily shiftedis mandatorily shifted

Page 25: National Hispanic Medical Association March 2011 The Federal Health Law and the States: In California: What’s New, What’s Next & What Do We Need to Do?

Fulfilling the Promise: Fulfilling the Promise: (LIHP)(LIHP)

Low Income Health ProgramLow Income Health ProgramA win for the county, the uninsured, and the health system:A win for the county, the uninsured, and the health system:

– County gets County gets new federal matching fundsnew federal matching funds, for dollars they , for dollars they already largely already spend on indigent care, helping their already largely already spend on indigent care, helping their health system and their local economy.health system and their local economy.

– Up to 500,000 uninsured get Up to 500,000 uninsured get coverage prior to 2014; a coverage prior to 2014; a medical homemedical home providing primary and preventative care, not providing primary and preventative care, not just care at the emergency room.just care at the emergency room.

– Since this coverage is grounded in county-based systems of Since this coverage is grounded in county-based systems of care, these new dollars go to care, these new dollars go to shore up safety-net shore up safety-net institutionsinstitutions, including public hospitals, community clinics, , including public hospitals, community clinics, and other providers.and other providers.

– This serves as This serves as a bridge to health reforma bridge to health reform, ensuring these , ensuring these patients are getting treated and in systems of care before patients are getting treated and in systems of care before 2014, and ready to get full Medi-Cal (or exchange-based) 2014, and ready to get full Medi-Cal (or exchange-based) coverage on day one, maximizing enrollment and federal coverage on day one, maximizing enrollment and federal funds for California.funds for California.

– This isn’t a long-term obligation: In fact, the more people are This isn’t a long-term obligation: In fact, the more people are enrolled in these programs, and thus quickly shifted to Medi-enrolled in these programs, and thus quickly shifted to Medi-Cal in 2014 with 100% funding by the federal government, Cal in 2014 with 100% funding by the federal government, the the more county resources can be refocused to better more county resources can be refocused to better serve the medically indigent who remain uninsured serve the medically indigent who remain uninsured after 2014.after 2014.

Page 26: National Hispanic Medical Association March 2011 The Federal Health Law and the States: In California: What’s New, What’s Next & What Do We Need to Do?

2011 Agenda:2011 Agenda:Consumer Protections & Insurer Consumer Protections & Insurer

OversightOversight Watchdog the federal and state government to ensure that Watchdog the federal and state government to ensure that new new

consumer protections are implemented and enforcedconsumer protections are implemented and enforced ..– Focus at the Department of Managed Health Care (DMHC) Focus at the Department of Managed Health Care (DMHC)

and the Department of Insurance (DOI)and the Department of Insurance (DOI) Ensure Ensure Californians know about their new rights and Californians know about their new rights and

optionsoptions.. Start to transition from the “Wild Wild West” insurance market: Start to transition from the “Wild Wild West” insurance market:

phasing in benefits, standards, and options.phasing in benefits, standards, and options.– RATE REGULATION: AB 52 (Feuer)RATE REGULATION: AB 52 (Feuer)– MEDICAL LOSS RATIO: SB 51 (Alquist)MEDICAL LOSS RATIO: SB 51 (Alquist)– STANDARDIZING BENEFITS: AB1334 (Feuer)STANDARDIZING BENEFITS: AB1334 (Feuer)– MATERNITY COVERAGE: SB 155 (Evans) MATERNITY COVERAGE: SB 155 (Evans) – MENTAL HEALTH PARITY: AB154 (Beall)MENTAL HEALTH PARITY: AB154 (Beall)– SMALL GROUP REFORM: AB1083 (Monning)SMALL GROUP REFORM: AB1083 (Monning)

Fight efforts to weaken, defund, undermine, and repealFight efforts to weaken, defund, undermine, and repeal these consumer protections and the rest of reform.these consumer protections and the rest of reform.

Page 27: National Hispanic Medical Association March 2011 The Federal Health Law and the States: In California: What’s New, What’s Next & What Do We Need to Do?

2011 Agenda:2011 Agenda:Ensuring Californians Get Ensuring Californians Get

CoverageCoverage Eligibility and enrollment legislation:Eligibility and enrollment legislation:

– THE 2014 MEDI-CAL EXPANSION: AB43 (Monning) / SB 677 THE 2014 MEDI-CAL EXPANSION: AB43 (Monning) / SB 677 (Hernandez)(Hernandez)

– STREAMLINING ELIGIBILITY AND ENROLLMENT: AB1296 (Bonilla)STREAMLINING ELIGIBILITY AND ENROLLMENT: AB1296 (Bonilla)– PRE-ENROLLMENT: AB715 (Atkins)PRE-ENROLLMENT: AB715 (Atkins)– AUTOMATIC ENROLLMENT DURING LIFE CHANGES: AB792 (Bonilla)AUTOMATIC ENROLLMENT DURING LIFE CHANGES: AB792 (Bonilla)– CONSUMER ASSISTANCE AND NAVIGATION: AB922 (Monning)CONSUMER ASSISTANCE AND NAVIGATION: AB922 (Monning)

Work to Work to implement and improve:implement and improve:– Streamline enrollment in Medicaid, Healthy Families, the Streamline enrollment in Medicaid, Healthy Families, the

Exchange and elsewhere; no wrong doors;Exchange and elsewhere; no wrong doors;– Get ready so millions of Californians get covered on Day OneGet ready so millions of Californians get covered on Day One

—January 1, 2014—and California gets all the federal help —January 1, 2014—and California gets all the federal help available.available.

– Create integrated system of “navigation”—right now, Create integrated system of “navigation”—right now, patchwork of county workers, brokers/agents, community patchwork of county workers, brokers/agents, community groups, etc.groups, etc.

– Work at the Legislature and at the Exchange, DHCS, etc.Work at the Legislature and at the Exchange, DHCS, etc.

Page 28: National Hispanic Medical Association March 2011 The Federal Health Law and the States: In California: What’s New, What’s Next & What Do We Need to Do?

Fulfilling the Promise:Fulfilling the Promise:What Doctors Can DoWhat Doctors Can Do

Educate our Community about our New Rights, Options, Benefits, and Educate our Community about our New Rights, Options, Benefits, and Consumer ProtectionsConsumer Protections

– Latinos are likely to like the law.. if they know about it.Latinos are likely to like the law.. if they know about it. Maximize Federal Dollars for our CommunityMaximize Federal Dollars for our Community

– Grant opportunities: prevention, public health, etc.Grant opportunities: prevention, public health, etc.– Matching Dollars for Medicaid, SCHIP, etc.Matching Dollars for Medicaid, SCHIP, etc.

Get Our Community Covered on Day OneGet Our Community Covered on Day One– Inform & pre-enroll before January 1, 2014Inform & pre-enroll before January 1, 2014– Help put systems in place for easy enrollment through no wrong doorHelp put systems in place for easy enrollment through no wrong door

Help Transform the Safety-Net to Survive and ThriveHelp Transform the Safety-Net to Survive and Thrive– A Business Plan for Safety-net InstitutionsA Business Plan for Safety-net Institutions

Get the Whole Health System ReadyGet the Whole Health System Ready– Workforce capacity and diversity; language access and cultural Workforce capacity and diversity; language access and cultural

competency; New models of delivering carecompetency; New models of delivering care Be Part of the Solution on Cost, Quality, Prevention, EquityBe Part of the Solution on Cost, Quality, Prevention, Equity

– Transparency, comparative effectiveness, delivery system reform. Transparency, comparative effectiveness, delivery system reform. Support Efforts to Implement and Improve the ACA at the StatesSupport Efforts to Implement and Improve the ACA at the States

Page 29: National Hispanic Medical Association March 2011 The Federal Health Law and the States: In California: What’s New, What’s Next & What Do We Need to Do?

What it Means to Repeal in What it Means to Repeal in CACA

LEAVE CONSUMERS AT THE MERCY OF INSURER ABUSES. LEAVE CONSUMERS AT THE MERCY OF INSURER ABUSES. allowing insurers to:allowing insurers to:

deny almost 400,000 Californians deny almost 400,000 Californians for “pre-existing conditions”;for “pre-existing conditions”; impose arbitrary annual and lifetime capsimpose arbitrary annual and lifetime caps on coverage, leaving on coverage, leaving insuredinsured patients patients

at risk of medical debt and bankruptcy; andat risk of medical debt and bankruptcy; and sell “junk” coveragesell “junk” coverage that does not provide basic benefits. that does not provide basic benefits.

DENY MILLIONS HELP WITH HEALTH CAREDENY MILLIONS HELP WITH HEALTH CARE Deny Deny 2 million 2 million uninsured Californians access to coverage through Medicaid;uninsured Californians access to coverage through Medicaid; Deny Deny 3.8 million 3.8 million uninsured Californians access to new coverage through individual uninsured Californians access to new coverage through individual

health insurance and prevent improvements to coverage for health insurance and prevent improvements to coverage for 21 million 21 million Californians Californians with employer or individual plans.with employer or individual plans.

Condemn Condemn 66,000 66,000 more California families a year to bankruptcy due to health care more California families a year to bankruptcy due to health care costs.costs.

Prevent Prevent 3.2 million 3.2 million young adults in California (under age 26) to obtain coverage on young adults in California (under age 26) to obtain coverage on their parents’ insurance plans.their parents’ insurance plans.

Deny all Deny all 4.5 million4.5 million California seniors with free preventive services California seniors with free preventive services

REJECT RESOURCES AND FEDERAL FUNDS FOR CALIFORNIANSREJECT RESOURCES AND FEDERAL FUNDS FOR CALIFORNIANS Deny Californians access to Deny Californians access to $106 billion $106 billion in tax credits would mean in tax credits would mean increased increased

health insurance premium costs for millions of California familieshealth insurance premium costs for millions of California families Increase taxes on up to 392,000 California small businesses by $4.3 billion, Increase taxes on up to 392,000 California small businesses by $4.3 billion,

by stopping small business tax credit.by stopping small business tax credit. Increase prescription drug costs for 794,000 California seniors by $9.3 Increase prescription drug costs for 794,000 California seniors by $9.3

billion,billion, by leaving the Medicare Donut Hole unfilled. by leaving the Medicare Donut Hole unfilled. Eliminate $1.4 billion in new funding to California community health Eliminate $1.4 billion in new funding to California community health

centerscenters..

Page 30: National Hispanic Medical Association March 2011 The Federal Health Law and the States: In California: What’s New, What’s Next & What Do We Need to Do?

For more informationFor more informationWebsite: http://www.health-access.orgWebsite: http://www.health-access.orgBlog: http://blog.health-access.org Blog: http://blog.health-access.org

Facebook: www.facebook.com/healthaccessFacebook: www.facebook.com/healthaccessTwitter: www.twitter.com/healthaccessTwitter: www.twitter.com/healthaccess

Health Access CaliforniaHealth Access CaliforniaOffices in Sacramento, Oakland and Los AngelesOffices in Sacramento, Oakland and Los Angeles

Policy Staff in Sacramento: Policy Staff in Sacramento: Anthony Wright, [email protected] Wright, [email protected] Capell, [email protected] Capell, [email protected] Abbott, [email protected] Abbott, [email protected] Leu, [email protected] Leu, [email protected]

1127 111127 11thth Street, Suite 234 Street, Suite 234Sacramento, CA 95814Sacramento, CA 95814916-497-0923916-497-0923


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