Wednesday, January 4, 2017



2016 Legislative Success and Challenges for 2017

CAHU’s legislative efforts are a key to our success as an association, but it is hard to measure successful efforts.  Much of what we do, such as our contacts with legislators, or to review bills that we either support or oppose and communicating those positions or suggestions for alternate approaches to key decision makers, is not always visible to members.  Sometimes these conversations lead to direct action and sometimes it does not.  But over time, CAHU continuing contacts with legislators and regulators slowly but surely successfully shape actions on issues affecting agents and healthcare insurance. 

There are areas that we can measure, and I am really happy to tell you that our legislative team scored some significant successes this past legislative year.

Led by Legislative Vice President David Fear, Jr, our Legislative Council and CAHU’s legislative advocates  worked very hard early in the year, combing through over 1,500 California legislative bills to identify those that impacted our members or the products they offer to clients.  This produced a working list of top priority bills that guided our legislative efforts.  Advised by Michael Belote and Julianne Broyles of California Advocates, our legislative team focused on this bill list during the legislative sessions.  Over the course of 2016, CAHU Legislative Council members and legislative advocates gave testimony on these key bills.  CAHU efforts produced an outstanding score card of success in supporting or opposing bills that impacted our members and consumers. 

In addition, under the leadership of Chairman Patrick Burns, our Political Action Committee (PAC) was successful in raising significant contributions, and our donations supported a very high percentage of winning candidates. 

Here are some 2016 highlights you should know:
PAC contributions to elected candidates:  CAHU PAC made thoughtful contributions to candidates and backed winning candidates in 91% of the races where we made a contribution.

2016 Legislation CAHU supported or opposed:  Only one bill that we opposed was signed by Governor Brown while the majority of bills we supported or worked out changes to get to a neutral position were signed by the Governor.  I am also happy to report a majority of the bills that CAHU opposed were defeated.  Governor Brown signed CAHU supported bills, including AB 72, which protects consumers from balance billing by out of network providers when the treatment was in an in-network facility; AB 1163, which requires carriers to give a more fair notice of changes to agent agreements; and SB 137, which requires carriers to update provider directories more often.

Past President Michael Lujan made some vital contributions in our discussions with regulatory agencies which advocated for changes that affected individual commissions.  These included the following policy changes for Qualified Health Plans participating in Covered California and off the exchange, which will take effect January, 2017:


  • Carriers must pay a commission.  Zero commissions are not acceptable.
  • Carriers must pay the same for Special Enrollment Period changes and standard enrollment. 
  • Carriers must pay the same for metal tiers or plan type.
  • Carriers must recognize Agent of Record Changes.
  • Carriers must notify the Agent of Record of premium delinquencies.


CAHU also has begun a process to determine if charging a fee in the individual market would be a viable legal solution to compensation issues.  Along with IIABCal and NAIFA California, we have asked an attorney to investigate legal issues surrounding the ability of agents to charge a fee and to report back to us in a few weeks.  The report will guide us as to the next steps. CAHU leadership will keep you informed on progress regarding this important action.

January 2017 means the new California legislative session has begun, and Congress has now convened and the new President will be sworn in soon.  

The issue of repeal and replace is in full swing and seems to change from day to day. What we do know is change will happen early in the new Presidency. CAHU will work with legislators and NAHU to help create a sustainable insurance marketplace that controls cost but also allows citizens to be protected and retain coverage.  In addition, agents nationally are asking for a full repeal of the Medical Loss Ratio requirements, which will provide relief to health insurance carriers struggling to meet the current restrictions. This will result in lowering premium costs and encouraging carriers to remain in the health insurance market. Since health insurance plans have already been approved for 2017, an effective date of January 1, 2018 has been suggested.

Relative to the Individual Mandate penalty and Employer Mandate penalty, action is being contemplated, but Congress is trying to be careful in how this is crafted to ensure that there is a marketplace for agents to sell in after any federal or state action occur.  

CAHU will work with all stakeholders in 2017 to meet CAHU’s constant goal of making sure that Californian’s are able to use licensed agents to aid them in finding and keeping affordable health care insurance that fits their needs and their budgets.   

This will be a very active legislative year at both the state and federal level.  CAHU and NAHU will be heavily involved at national, state and local levels.  I am asking you to participate however you can.  Join your local legislative committee and lend your voice to discussions about Congressional and California legislative activity.  Adopt a legislator to educate them about the issues and CAHU’s positions.  Developing and maintaining a close contact with a legislator is one of the most effective ways to be an active participant in the political process.  Come to Cap Conference in mid-February to listen to and discuss the latest information about changes in the ACA.  Educate yourself so you can educate others.

Thank you for your membership.

Questions/Comments: info@cahu.org