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Should Covered California Be Allowed To Keep Secrets?

Three years ago when legislation was written to create California’s health insurance exchange, lawmakers thought it would be a good idea to let the new exchange board keep a few competitive secrets.

Now some legislators aren’t so sure.

Covered California, as the exchange is now known, has the authority to keep all contracts confidential for a year and the health plan rates concealed indefinitely. The exchange can keep other secrets as well — dealing with negotiations, some meeting minutes, training programs and other facets. California’s exchange has more options to keep secrets than any other state-run exchange, according to the Associated Press.

National legislators are jumping into the debate as well. Five Republican U.S. senators sent a letter asking HHS Secretary Kathleen Sebelius to investigate California’s exchange policies on concealing information.

An Associated Press review of the 16 other states building state-run exchanges found the California agency has the most leeway for secrecy and that some specific exclusions from open-records laws might run afoul of the state constitution.

State officials estimate Covered California will spend more than $450 million on contractors by the end of next year.

We asked legislators and stakeholders to explain the advantages and disadvantages of allowing Covered California to keep secrets.

KFF Health News is a national newsroom that produces in-depth journalism about health issues and is one of the core operating programs at KFF—an independent source of health policy research, polling, and journalism. Learn more about KFF.

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