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CAHU Monday Morning Report

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THE CAHU MONDAY MORNING REPORT
as of 2/4/2012



AB 36(Perea) Income and employment taxes: federal conformity: Health Care and Education Reconciliation Act of 2010.
Chapter Number: 17
Introduced: 12/06/2010
Last Amend: 02/18/2011
Status: 04/07/2011-Chaptered by the Secretary of State, Chapter Number 17, Statutes of 2011
Is Fiscal: Y
Is Urgency: N
Location: 04/07/2011-A CHAPTERED
2YR/Dead 1st Desk 1st Policy 1st Fiscal 1st Floor 2nd Desk 2nd Policy 2nd Fiscal 2nd Floor Conf./Conc. Enrolled Vetoed Chaptered
 
Summary: The Personal Income Tax Law and the Corporation Tax Law, in specified conformity with federal income tax laws, provide certain gross income exclusions, as specified. This bill would, under both laws, provide additional conformity with federal income tax laws by adopting specified provisions of the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010 relating to gross income exclusions for reimbursements for medical care expenses under specified plans for dependents, as specified. This bill contains other related provisions and other existing laws.

Organization: CAHU
Assigned:  JULI,MDB,
Position: Support
Priority: AA--folder
 

Notes: 
CAHU SUPPORTS AB 36 because the bill alligns current state statute with federal tax law. Under federal law today, adult children up to the age of 26 may remain on their parents" health insurance plans. Federal tax law also provides health care premiums paid for these adult children to remain on their parents health insurance not be considered taxable income. In California, unless the adult child meets certain limited exceptions, the premiums paid to cover them are taxable. AB 36 because the bill alligns current state statute with federal tax law. Under federal law today, adult children up to the age of 26 may remain on their parents" health insurance plans. Federal tax law also provides health care premiums paid for these adult children to remain on their parents health insurance not be considered taxable income. In California, unless the adult child meets certain limited exceptions, the premiums paid to cover them are taxable. CAHU supports AB 36 because it corrects this problem.



AB 52(Feuer) Health care coverage: rate approval.
Chapter Number: 
Introduced: 12/06/2010
Last Amend: 06/01/2011
Status: 09/01/2011-Ordered to inactive file at the request of Senator Leno.
Is Fiscal: Y
Is Urgency: N
Location: 09/01/2011-S INACTIVE FILE
2YR/Dead 1st Desk 1st Policy 1st Fiscal 1st Floor 2nd Desk 2nd Policy 2nd Fiscal 2nd Floor Conf./Conc. Enrolled Vetoed Chaptered
 
Summary: Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Under existing law, no change in premium rates or coverage in a health care service plan or a health insurance policy may become effective without prior written notification of the change to the contractholder or policyholder. Existing law prohibits a health care service plan or health insurer during the term of a group plan contract or policy from changing the rate of the premium, copayment, coinsurance, or deductible during specified time periods. Existing law requires a health care service plan or health insurer that issues individual or group contracts or policies to file with the Department of Managed Health Care or the Department of Insurance specified rate information at least 60 days prior to the effective date of any rate change. This bill would further require a health care service plan or health insurer that issues individual or group contracts or policies to file with the Department of Managed Health Care or the Department of Insurance, on and after January 1, 2012, a complete rate application for any proposed rate, as defined, or rate change, and would prohibit the Department of Managed Health Care or the Department of Insurance from approving any rate or rate change that is found to be excessive, inadequate, or unfairly discriminatory. The bill would require the rate application to include certain rate information. The bill would authorize the Department of Managed Health Care or the Department of Insurance to approve, deny, or modify any proposed rate or rate change, and would authorize the Department of Managed Health Care and the Department of Insurance to review any rate or rate change that went into effect between January 1, 2011, and January 1, 2012, and to order refunds, subject to these provisions. The bill would authorize the imposition of fees on health care service plans and health insurers for purposes of implementation, for deposit into newly created funds, subject to appropriation. The bill would impose civil penalties on a health care service plan or health insurer, and subject a health care service plan to discipline, for a violation of these provisions, as specified. The bill would establish proceedings for the review of any action taken under those provisions related to rate applications and would require the Department of Managed Health Care and the Department of Insurance, and plans and insurers, to disclose specified information on the Internet pertaining to rate applications and those proceedings. The bill would require the Department of Managed Health Care or the Department of Insurance, or the court, to award reasonable advocate's fees , including expert witness fees, and other reasonable costs in those proceedings under specified circumstances, to be paid by the plan or insurer. This bill contains other related provisions and other existing laws.

Organization: CAHU
Assigned:  JULI,MDB,
Position: Oppose
Priority: AA--folder
Groups:  CAHU TOP 10,
Suboffice:  Paula Wilson,
 

Notes: CAHU TOP 10 BILL

CAHU opposes AB 52 that seeks to impose an unprecedented system of rate regulation on health plans and health insurers in California. AB 52 mandates that any change in premium rates, level of service, co-pays, deductibles and annual out-of-pocket maximums must be approved by either the Department of Managed Health or the Department of Insurance. CAHU believes this will cause excessive bureaucratic interference and delays that will likely increase health care costs for consumers.



AB 72(Eng) Health care coverage: acupuncture.
Chapter Number: 
Introduced: 12/21/2010
Last Amend: 04/04/2011
Status: 01/20/2012-Failed Deadline pursuant to Rule 61(b)(2). (Last location was APPR. on 1/19/2012)
Is Fiscal: Y
Is Urgency: N
Location: 01/20/2012-A DEAD
2YR/Dead 1st Desk 1st Policy 1st Fiscal 1st Floor 2nd Desk 2nd Policy 2nd Fiscal 2nd Floor Conf./Conc. Enrolled Vetoed Chaptered
 
Summary: Existing law requires a health care service plan, that is not a health maintenance organization or is not a plan that enters exclusively into specialized health care service plan contracts, and a health insurer issuing policies on a groupwide basis, to offer acupuncture coverage under those terms and conditions as may be agreed upon by the parties . Existing law provides that a plan or insurer is not required to offer "that Coverage as" part of a contract or policy covering public employees. A willful violation of the laws regulating health care service plans is a crime. This bill would instead require every health care service plan, except a plan that enters exclusively into contracts that are accident-only, specified disease, hospital indemnity, Medicare supplement, or specialized health care service plan contracts, and every health insurer issuing policies on a groupwide basis , except for policies that are accident-only, specified disease, hospital indemnity, Medicare supplement, or specialized health insurance policies , to provide acupuncture coverage under those terms and conditions as may be agreed upon by the parties. This bill contains other related provisions and other existing laws.

Organization: CAHU
Assigned:  JULI,MDB,
Position: Oppose
Priority: AA--folder
 

Notes: 
CAHU OPPOSES AB 72, that unnecessarily will impose new mandated health services that increase costs to provide health insurance coverage.




AB 151(Monning) Medicare supplement coverage.
Chapter Number: 270
Introduced: 01/18/2011
Last Amend: 06/29/2011
Status: 09/07/2011-Chaptered by the Secretary of State, Chapter Number 270, Statutes of 2011
Is Fiscal: Y
Is Urgency: N
Location: 09/07/2011-A CHAPTERED
2YR/Dead 1st Desk 1st Policy 1st Fiscal 1st Floor 2nd Desk 2nd Policy 2nd Fiscal 2nd Floor Conf./Conc. Enrolled Vetoed Chaptered
 
Summary: Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law requires plans and insurers that issue Medicare supplement contracts or policies, as defined, to comply with specified requirements. This bill would delete from those provisions obsolete references to plans H, I, and J, and instead require the issuer to make available Medicare supplement benefit plans A, B, C, and F, and Medicare supplement benefit plan K or L, or Medicare supplement benefit plan M or N, as specified. This bill contains other related provisions and other existing laws.

Organization: CAHU
Assigned:  JULI,MDB,
Position: Support
Priority: AA--folder
 

Notes: 
CAHU supports AB 151 which expands an individual"s ability to purchase Medicare supplemental health coverage (Medigap) plans.



AB 154(Beall) Health care coverage: mental health services.
Chapter Number: 
Introduced: 01/18/2011
Last Amend: 01/23/2012
Status: 01/26/2012-In Senate. Read first time. To Com. on RLS. for assignment.
Is Fiscal: Y
Is Urgency: N
Location: 01/26/2012-S RLS.
2YR/Dead 1st Desk 1st Policy 1st Fiscal 1st Floor 2nd Desk 2nd Policy 2nd Fiscal 2nd Floor Conf./Conc. Enrolled Vetoed Chaptered
 
Summary: Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. Under existing law, a health care service plan contract and a health insurance policy are required to provide coverage for the diagnosis and treatment of severe mental illnesses of a person of any age. Existing law does not define the term "severe mental illnesses" for this purpose but describes it as including several conditions. This bill would expand this coverage requirement for certain health care service plan contracts and health insurance policies issued, amended, or renewed on or after January 1, 2013 , to include the diagnosis and treatment of a mental illness of a person of any age and would define mental illness for this purpose as a mental disorder defined in the Diagnostic and Statistical Manual of Mental Disorders IV (DSM-IV) , including substance abuse but excluding nicotine dependence and specified diagnoses defined in the manual, subject to regulatory revision, as specified. The bill would specify that this requirement does not apply to a health care benefit plan, contract, or health insurance policy with the Board of Administration of the Public Employees' Retirement System unless the board elects to purchase a plan, contract, or policy that provides mental health coverage. This bill contains other related provisions and other existing laws.

Organization: CAHU
Assigned:  JULI,MDB,
Position: Oppose
Priority: AA

AB 272(Monning) Health care facilities: financing.
Chapter Number: 
Introduced: 02/07/2011
Last Amend: 01/25/2012
Status: 01/25/2012-Read second time and amended. Ordered to third reading.
Is Fiscal: Y
Is Urgency: Y
Location: 01/25/2012-S THIRD READING
2YR/Dead 1st Desk 1st Policy 1st Fiscal 1st Floor 2nd Desk 2nd Policy 2nd Fiscal 2nd Floor Conf./Conc. Enrolled Vetoed Chaptered

Calendar: 02/06/12 66 SEN ASSEMBLY BILLS-THIRD READING FILE
 
Summary: The California Health Facilities Financing Authority Act authorizes the California Health Facilities Financing Authority to make loans from the continuously appropriated California Health Facilities Financing Authority Fund to participating health institutions for financing or refinancing the acquisition, construction, or remodeling of health facilities. The act defines a health facility to include various specified facilities and facilities operated in conjunction with these facilities. It also defines a participating health institution to mean specified entities authorized by state law to provide or operate a health facility and undertake the financing or refinancing of the construction or acquisition of a project or of working capital, as defined. This bill would authorize the authority to award one or more grants that, in the aggregate, do not exceed $1,500,000 to one or more projects designed to demonstrate new or enhanced cost-effective methods of delivering health care services, as specified. This bill would create the California Health Access Model Program Account in the California Health Facilities Financing Authority Fund, and would transfer up to $1,500,000 from the fund to the account for the purposes of the bill. The bill would require that any moneys remaining in the account as of January 1, 2015 , revert to the fund. This bill would require the authority to report to the Governor and the Legislature on the outcomes of the demonstration grant program, as specified. By expanding the purposes for which a continuously appropriated fund may be used, this bill would make an appropriation. This bill contains other related provisions and other existing laws.

Organization: CAHU
Assigned:  JULI,MDB,
Position: Pending
Priority: AA--folder
 

Notes: CAHU originially supported Assembly Bill 272, which sought to repeal various outdated requirements that various agencies report to the Legislature. AB 272 was subsequently amended 1-4-2012 to deal with health care facility financing. RECOMMEND: BE REVIEWED FOR POSITION CHANGE.



AB 310(Ma) Prescription drugs.
Chapter Number: 
Introduced: 02/09/2011
Last Amend: 04/25/2011
Status: 01/20/2012-Failed Deadline pursuant to Rule 61(b)(2). (Last location was 2 YEAR on 5/28/2011)
Is Fiscal: Y
Is Urgency: N
Location: 01/20/2012-A DEAD
2YR/Dead 1st Desk 1st Policy 1st Fiscal 1st Floor 2nd Desk 2nd Policy 2nd Fiscal 2nd Floor Conf./Conc. Enrolled Vetoed Chaptered
 
Summary:  Existing law provides for licensing and regulation of health care service plans by the Department of Managed Health Care. Existing law provides that the willful violation of provisions regulating health care service plans is a crime. Existing law provides for the licensing and regulation of health insurers by the Insurance Commissioner. Existing law requires health care service plans and health insurers to provide certain benefits, but generally does not require plans and insurers to cover prescription drugs. Existing law imposes various requirements on plans and insurers if they offer coverage for prescription drugs. This bill would prohibit health care service plans and health insurers that offer outpatient prescription drug coverage from requiring coinsurance, as defined, from the enrollee as a basis for cost sharing. The bill would also impose certain limitations on copayments, as defined, and out-of-pocket expenses for outpatient prescription drugs. The bill would make these provisions inoperative upon a determination by the department and commissioner that these provisions would result in additional costs to the state as a result of laws governing federal health care reform. This bill contains other related provisions and other existing laws.

Organization: CAHU
Assigned:  JULI,
Position: Watch
Priority: AA--folder
Groups:  CAHU TOP 10,
Suboffice:  Bill Robinson,
 

Notes: CAHU TOP 10 BILL

CAHU believes that AB 310 may hinder health care cost containment ability by prohibiting health plan contracts and health insurance policies that cover outpatient prescription drugs from requiring coinsurance as a basis for cost sharing for outpatient prescription drug benefits. AB 310 also imposes limitations on co-payments and out-of-pocket expenses for outpatient prescription drugs.



AB 428(Portantino) Health care coverage: fertility preservation.
Chapter Number: 
Introduced: 02/14/2011
Last Amend: 04/27/2011
Status: 01/20/2012-Failed Deadline pursuant to Rule 61(b)(2). (Last location was APPR. on 1/19/2012)
Is Fiscal: Y
Is Urgency: N
Location: 01/20/2012-A DEAD
2YR/Dead 1st Desk 1st Policy 1st Fiscal 1st Floor 2nd Desk 2nd Policy 2nd Fiscal 2nd Floor Conf./Conc. Enrolled Vetoed Chaptered
 
Summary: Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. Under existing law, a health care service plan and a health insurer are required to offer group coverage for the treatment of infertility, as defined. This bill would require a health care service plan and a health insurer to provide, on a group and individual basis, coverage for medically necessary expenses for standard fertility preservation services when a necessary medical treatment may directly or indirectly cause iatrogenic infertility to an enrollee or insured. This bill contains other related provisions and other existing laws.

Organization: CAHU
Assigned:  MDB,
Position: Oppose
Priority: AA--folder
Suboffice:  Bill Mason,
 

Notes: 
CAHU opposes AB 428, , which further exacerbates the problem of rising health care costs by adding yet another health care insurance policy mandate for infertility treatments where infertility is direct result of other medical treatments.



AB 736(Calderon, Charles) Insurance: licenses: fraud prevention.
Chapter Number: 
Introduced: 02/17/2011
Last Amend: 04/04/2011
Status: 01/20/2012-Failed Deadline pursuant to Rule 61(b)(2). (Last location was 2 YEAR on 5/28/2011)
Is Fiscal: Y
Is Urgency: N
Location: 01/20/2012-A DEAD
2YR/Dead 1st Desk 1st Policy 1st Fiscal 1st Floor 2nd Desk 2nd Policy 2nd Fiscal 2nd Floor Conf./Conc. Enrolled Vetoed Chaptered
 
Summary:  Existing law provides that an insurance broker is a person who, for compensation and on behalf of another person, transacts insurance but prohibits an insurance broker from transacting life, disability, or health insurance. This bill would remove the prohibition on transacting disability and health insurance. This bill contains other related provisions and other existing laws.

Organization: CAHU
Assigned:  JULI,MDB,
Position: Support
Priority: AA--folder
Groups:  CAHU TOP 10,
Suboffice:  Paula Wilson,
 

Notes: CAHU TOP 10 BILL

CAHU supports AB 736 which removes the outdated prohibitions on an insurance broker from transacting disability and health insurance in California to more accurately reflect current marketplace activities, including provisions allowing an insurance broker to charge service fees to clients in addition to being paid sales commissions.



AB 792(Bonilla) Health care coverage: California Health Benefit Exchange.
Chapter Number: 
Introduced: 02/17/2011
Last Amend: 08/17/2011
Status: 08/26/2011-Failed Deadline pursuant to Rule 61(a)(11). (Last location was APPR. SUSPENSE FILE on 8/17/2011)
Is Fiscal: Y
Is Urgency: N
Location: 08/26/2011-S 2 YEAR
2YR/Dead 1st Desk 1st Policy 1st Fiscal 1st Floor 2nd Desk 2nd Policy 2nd Fiscal 2nd Floor Conf./Conc. Enrolled Vetoed Chaptered
 
Summary: Existing law, the federal Patient Protection and Affordable Care Act, requires each state to, by January 1, 2014, establish an American Health Benefit Exchange that makes available qualified health plans to qualified individuals and small employers. Existing state law establishes the California Health Benefit Exchange within state government, specifies the powers and duties of the board governing the Exchange relative to determining eligibility for enrollment in the Exchange and arranging for coverage under qualified health plans, and requires the board to facilitate the purchase of qualified health plans through the Exchange by qualified individuals and small employers by January 1, 2014. This bill would require the disclosure of information on health care coverage through the California Health Benefit Exchange, under specified circumstances, by health care service plans, health insurers, employers, employee associations or other entities, or, on and after January 1, 2013, by the court, upon the filing of a petition for dissolution of marriage, nullity of marriage, legal separation, or adoption. This bill contains other related provisions and other existing laws.

Organization: CAHU
Assigned:  JULI,MDB,
Position: Oppose
Priority: AA--folder
Groups:  CAHU TOP 10,
Suboffice:  Bill Mason,
 

Notes: CAHU TOP 10 BILL

CAHU opposes AB 792, which creates significant privacy and contractual issues related to the automatic enrollment of individuals losing health insurance of any type into the new Health Benefit Exchanges.



AB 854(Garrick) Income tax: health savings accounts.
Chapter Number: 
Introduced: 02/17/2011
Last Amend: 
Status: 02/01/2012-Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
Is Fiscal: Y
Is Urgency: N
Location: 02/01/2012-A DEAD
2YR/Dead 1st Desk 1st Policy 1st Fiscal 1st Floor 2nd Desk 2nd Policy 2nd Fiscal 2nd Floor Conf./Conc. Enrolled Vetoed Chaptered
 
Summary: The Personal Income Tax Law authorizes various deductions in computing income that is subject to tax under that law. This bill would, for taxable years beginning on and after January 1, 2012, allow a deduction in connection with health savings accounts in conformity with federal law. In general, the deduction would be an amount equal to the aggregate amount paid in cash during the taxable year by, or on behalf of, an eligible individual, as defined, to a health savings account of that individual, as provided. This bill would, for taxable years beginning on and after January 1, 2012, also provide related conformity to that federal law with respect to the allowance of rollovers from Archer Medical Savings Accounts, health flexible spending arrangements, or health reimbursement accounts to a health savings account, and penalties in connection therewith. This bill contains other related provisions.

Organization: CAHU
Assigned:  JULI,MDB,
Position: Support
Priority: AA--folder

AB 922(Monning) Office of Patient Advocate.
Chapter Number: 552
Introduced: 02/18/2011
Last Amend: 09/02/2011
Status: 10/07/2011-Chaptered by the Secretary of State, Chapter Number 552, Statutes of 2011
Is Fiscal: Y
Is Urgency: N
Location: 10/07/2011-A CHAPTERED
2YR/Dead 1st Desk 1st Policy 1st Fiscal 1st Floor 2nd Desk 2nd Policy 2nd Fiscal 2nd Floor Conf./Conc. Enrolled Vetoed Chaptered
 
Summary: Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the regulation of health care service plans by the Department of Managed Health Care. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law creates within the Department of Managed Health Care an Office of Patient Advocate to assist enrollees with regard to health care coverage, which is headed by a patient advocate recommended to the Governor by the Business, Transportation and Housing Agency. The Office of Patient Advocate is responsible for, among other things, developing educational and informational guides for consumers, compiling an annual publication of a quality of care report card, and rendering advice and assistance to enrollees. The annual budget of the Office of Patient Advocate is separately identified in the annual budget request of the department. The California Health and Human Services Agency consists of, among others, the State Department of Health Care Services, the State Department of Mental Health, the State Department of Public Health, and the State Department of Social Services. This bill would transfer the Department of Managed Health Care and, effective July 1, 2012, the Office of Patient Advocate to the California Health and Human Services Agency. The bill would delete the requirement that the patient advocate be recommended to the Governor by the Business, Transportation and Housing Agency. The bill, effective January 1, 2013, would add additional duties and responsibilities to the existing duties of the Office of Patient Advocate with regard to providing outreach and education about health care coverage to consumers. The bill, effective January 1, 2013, would authorize the office to contract with community organizations, subject to specified requirements, to provide certain services and would also require the office to adopt certain standards and procedures regarding those organizations. The bill, effective January 1, 2013, would require specified state agencies to report to the office regarding consumer complaints submitted to those agencies by individuals with complaints about their health care coverage. The bill would provide that funding for the actual and necessary expenses of the office shall be provided, subject to appropriation by the Legislature, from transfers of moneys from the Managed Care Fund and the Insurance Fund, to be based on the number of covered lives in the state that are covered by plans or insurers, as determined by the Department of Managed Health Care and the Department of Insurance, in proportion to the total number of covered lives in the state. The bill would establish the Office of Patient Advocate Trust Fund for those purposes and would make moneys deposited into that fund available for purposes of administering the program, subject to appropriation by the Legislature. The bill would also authorize the office to apply to the federal government for moneys to fund the office and authorize the office to request from the federal government specified grant moneys.

Organization: CAHU
Assigned:  JULI,MDB,
Position: Watch-High Priority
Priority: AA--folder
Suboffice:  Paula Wilson,
 

Notes: 
AB 922 transfers the Office of the Patient Advocate (OPA) from the Department of Managed Health Care (DMHC) to operate as an independent entity within state government. AB 922 expands existing OPA duties to apply to apply to health insurers regulated by the California Department of Insurance and their insured (in addition to DMHC-regulated health plans) and assigns new duties to OPA consistent with requirements under federal PPACA.



AB 999(Yamada) Long-term care insurance.
Chapter Number: 
Introduced: 02/18/2011
Last Amend: 06/09/2011
Status: 07/08/2011-Failed Deadline pursuant to Rule 61(a)(10). (Last location was INS. on 6/9/2011)
Is Fiscal: Y
Is Urgency: N
Location: 07/08/2011-S 2 YEAR
2YR/Dead 1st Desk 1st Policy 1st Fiscal 1st Floor 2nd Desk 2nd Policy 2nd Fiscal 2nd Floor Conf./Conc. Enrolled Vetoed Chaptered
 
Summary: Existing law provides for the regulation of insurers by the Department of Insurance, including insurers issuing policies of long-term care insurance. Existing law regulates the marketing or solicitation of long-term care insurance policies and, in that regard, requires specified disclosures to prospective applicants or enrollees. Existing law requires the Insurance Commissioner to annually prepare a consumer rate guide for long-term care insurance and to include specified information. This bill would require an insurer of long-term care insurance to clearly post on its Internet Web site and provide written notice at the time of solicitation that a specimen individual policy form or group master policy and certificate form for each policy form offered by the insurer is available upon request and to provide that form within 15 calendar days upon request. This bill would require the annual consumer rate guide to include a specimen outline of coverage for each product currently marketed by each insurer listed in the rate guide. This bill contains other related provisions and other existing laws.

Organization: CAHU
Assigned:  JULI,MDB,
Position: Oppose
Priority: AA--folder
Groups:  CAHU TOP 10,
Suboffice:  Bill Robinson,
 

Notes: CAHU TOP 10 BILL

CAHU OPPOSES AB 999s costly provisions imposing a five year ban on increasing rates on long-term care insurance policies sold prior to 2002 and a ten year ban on increasing rates for rate-stabilized LTCi policies. CAHU remains concerned that the proposed bans will result in much higher premiums when waiting five or ten years between increases. CAHU believes it is imperative to protect against unnecessary spikes in LTCi costs and instead ensure that Californians continue to have a broad choice of affordable long- term care insurance options.



AB 1059(Huffman) Emergency medical care.
Chapter Number: 403
Introduced: 02/18/2011
Last Amend: 09/07/2011
Status: 10/02/2011-Chaptered by the Secretary of State, Chapter Number 403, Statutes of 2011
Is Fiscal: Y
Is Urgency: N
Location: 10/02/2011-A CHAPTERED
2YR/Dead 1st Desk 1st Policy 1st Fiscal 1st Floor 2nd Desk 2nd Policy 2nd Fiscal 2nd Floor Conf./Conc. Enrolled Vetoed Chaptered
 
Summary: Existing law authorizes a county to establish an emergency medical services fund for reimbursement of emergency medical services (EMS) related costs, and requires an annual report to the Legislature on the implementation and status of the fund, including the fund balance and the amount of moneys disbursed to physicians and surgeons, for hospitals, and for other emergency medical services purposes. This bill would require the report to provide additional information regarding the moneys collected and disbursed, including, but not limited to, a description of the other medical services purposes, and the total amount of allowable claims, if the moneys are disbursed to hospitals on a claims basis, and the names and contact information of the entity responsible for the collection and disbursement of prescribed funds. By increasing the duties of local officials, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

Organization: CAHU
Assigned:  JULI,MDB,
Position: Neutral
Priority: AA
Groups:  CAHU TOP 10,
 

Notes: CAHU TOP 10 BILL

Originally opposed by CAHU as unnecessarily imposing new administrative penalties in virtually all cases of underpayments to a health care provider, AB 1059 was subsequently amended 7/12/11 to address concerns raised by both health plans and CAHU.



AB 1083(Monning) Health care coverage.
Chapter Number: 
Introduced: 02/18/2011
Last Amend: 09/02/2011
Status: 09/08/2011-Ordered to inactive file at the request of Senator Hernandez.
Is Fiscal: Y
Is Urgency: N
Location: 09/08/2011-S INACTIVE FILE
2YR/Dead 1st Desk 1st Policy 1st Fiscal 1st Floor 2nd Desk 2nd Policy 2nd Fiscal 2nd Floor Conf./Conc. Enrolled Vetoed Chaptered
 
Summary: Existing law, the federal Patient Protection and Affordable Care Act, imposes various requirements, some of which take effect on January 1, 2014, on states, health plans, employers, and individuals regarding health care coverage. Pursuant to the requirements of that act, existing state law establishes the California Health Benefit Exchange for the purpose of, among other things, making available qualified health plans to qualified individuals and employers, as specified. The bill would also require all policies of individual health insurance that are offered, sold, renewed, or delivered on or after January 1, 2014, to provide coverage for essential health benefits, as defined, except as specified. This bill contains other related provisions and other existing laws.

Organization: CAHU
Assigned:  JULI,MDB,
Position: Neutral
Priority: AA--folder
Groups:  CAHU TOP 10,
Suboffice:  Bill Mason,
 

Notes: CAHU TOP 10 BILL

Originally opposed by CAHU, AB 1083 was amended to remove provisions of concern that would have imposed unprecedented new obligations and mandates on agents and insurers. CAHU is now neutral on AB 1083 as proposed to be amended.



AB 1334(Feuer) Health care coverage.
Chapter Number: 
Introduced: 02/18/2011
Last Amend: 05/05/2011
Status: 07/08/2011-Failed Deadline pursuant to Rule 61(a)(10). (Last location was HEALTH on 6/16/2011)
Is Fiscal: Y
Is Urgency: N
Location: 07/08/2011-S 2 YEAR
2YR/Dead 1st Desk 1st Policy 1st Fiscal 1st Floor 2nd Desk 2nd Policy 2nd Fiscal 2nd Floor Conf./Conc. Enrolled Vetoed Chaptered
 
Summary: Existing law, the federal Patient Protection and Affordable Care Act, on and after January 1, 2014, requires a health insurance issuer offering health insurance coverage in the individual or group market to accept every employer and individual in the state that applies for that coverage, as specified, and requires issuers in the individual and small group markets to ensure that the coverage includes a specified essential benefits package. The act requires an essential health benefits package to provide coverage in one of 5 levels based on actuarial value, as specified. This bill would require plans and insurers to categorize all products offered in the individual market into 5 tiers according to actuarial value, as specified, and would require plans and insurers to disclose this value and other information in certain disclosure forms. These requirements would become operative 30 days after the issuance of federal guidance on minimum essential benefits. This bill contains other related provisions and other existing laws.

Organization: CAHU
Assigned:  JULI,MDB,
Position: Watch
Priority: AA--folder
Groups:  CAHU TOP 10,
Suboffice:  David Benson,
 

Notes: CAHU TOP 10 BILL

AB 1334 requires each health insurance product offered or renewed in the individual market from July 2012 through December 2013 to disclose whether or not it offers minimum essential benefits. Additionally, AB 1334 mandates that a health plan or insurer to categorize products offered or renewed in the individual market on the basis of actuarial value into one of five tiers specified in federal PPACA.



SB 24(Simitian) Personal information: privacy.
Chapter Number: 197
Introduced: 12/06/2010
Last Amend: 06/20/2011
Status: 08/31/2011-Chaptered by the Secretary of State, Chapter Number 197, Statutes of 2011
Is Fiscal: Y
Is Urgency: N
Location: 08/31/2011-S CHAPTERED
2YR/Dead 1st Desk 1st Policy 1st Fiscal 1st Floor 2nd Desk 2nd Policy 2nd Fiscal 2nd Floor Conf./Conc. Enrolled Vetoed Chaptered
 
Summary: Existing law requires any agency, and any person or business conducting business in California, that owns or licenses computerized data that includes personal information, as defined, to disclose in specified ways, any breach of the security of the system or data, as defined, following discovery or notification of the security breach, to any California resident whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. This bill would require any agency, person, or business that is required to issue a security breach notification pursuant to existing law to fulfill certain additional requirements pertaining to the security breach notification, as specified. This bill contains other related provisions.

Organization: CAHU
Assigned:  JULI,MDB,
Position: Support
Priority: AA--folder
 

Notes: 
CAHU supports SB 24 which strengthens California"s existing breach notification law by requiring notices to be clearly written in plain language.



SB 220(Price) Life insurance: group policies.
Chapter Number: 126
Introduced: 02/09/2011
Last Amend: 06/15/2011
Status: 07/26/2011-Chaptered by the Secretary of State, Chapter Number 126, Statutes of 2011
Is Fiscal: N
Is Urgency: N
Location: 07/26/2011-S CHAPTERED
2YR/Dead 1st Desk 1st Policy 1st Fiscal 1st Floor 2nd Desk 2nd Policy 2nd Fiscal 2nd Floor Conf./Conc. Enrolled Vetoed Chaptered
 
Summary: Existing law provides that coverage for unmarried dependent children under a group life insurance policy may continue through 20 years of age, or through 24 years of age if the dependent child is attending an educational institution, or may continue for a child 21 years of age or older who is both incapable of self-sustaining employment by reason of mental retardation or physical handicap. This bill would provide that coverage for dependent children under a group life insurance policy may continue until 26 years of age, regardless of the child's marital status or whether the child is attending an educational institution, and would provide for that coverage to continue for a child 26 years of age or older who is both incapable of self-sustaining employment by reason of mental retardation or physical handicap and chiefly dependent upon the employee under the group policy for support and maintenance, as specified.

Organization: CAHU
Assigned:  JULI,MDB,
Position: Support
Priority: AA--folder
 

Notes: 
CAHU supports SB 220 that seeks provide that coverage for dependent children under a group life insurance policy may continue until the child reaches 26 years of age irrespective of marital of educational status.



SB 615(Calderon) Health care service plans: accident and health agents: licensure.
Chapter Number: 
Introduced: 02/18/2011
Last Amend: 05/10/2011
Status: 07/08/2011-Failed Deadline pursuant to Rule 61(a)(10). (Last location was HEALTH on 6/9/2011)
Is Fiscal: Y
Is Urgency: N
Location: 07/08/2011-A 2 YEAR
2YR/Dead 1st Desk 1st Policy 1st Fiscal 1st Floor 2nd Desk 2nd Policy 2nd Fiscal 2nd Floor Conf./Conc. Enrolled Vetoed Chaptered
 
Summary: Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care. A willful violation of the act is a crime. The chief officer of the department is the Director of the Department of Managed Health Care. Existing law authorizes the director to require that solicitors and solicitor firms, and principal persons engaged in the supervision of solicitation for plans of solicitor firms, meet specified standards. This bill would change the director's authority as described above to make it mandatory. On and after January 1, 2013, the bill would also require solicitors and solicitor firms, and principal persons engaged in the supervision of solicitation for health care service plan contracts, specialized health care service plan contracts, Medicare Advantage Plans under Medicare Part C, or Medicare supplement contracts, to complete solicitor training that includes, among other things, information relating to the act, the federal Patient Protection and Affordable Care Act, and the California Health Benefit Exchange. The bill would require the department to consult with the Insurance Commissioner with respect to developing the curriculum for the solicitor training. This bill contains other related provisions and other existing laws.

Organization: CAHU
Assigned:  JULI,MDB,
Position: Sponsor
Priority: AA--folder
Groups:  CAHU TOP 10,
Suboffice:  Bill Mason,
 

Notes: CAHU TOP 10 BILL

SB 615 is the CAHU-sponsored vehicle slated to eventually hold much needed clarifying language that addresses the role of agents and brokers placing business into the California Health Benefit Exchange. SB 615 is jointly co-sponsored by IBA-West and NAIFA-California.



SB 631(Evans) Insurance Commissioner: violations: remedies.
Chapter Number: 
Introduced: 02/18/2011
Last Amend: 05/18/2011
Status: 01/13/2012-Failed Deadline pursuant to Rule 61(b)(1). (Last location was 2 YEAR on 5/28/2011)
Is Fiscal: Y
Is Urgency: N
Location: 01/13/2012-S DEAD
2YR/Dead 1st Desk 1st Policy 1st Fiscal 1st Floor 2nd Desk 2nd Policy 2nd Fiscal 2nd Floor Conf./Conc. Enrolled Vetoed Chaptered
 
Summary: Existing law requires the Insurance Commissioner to perform all duties imposed upon him or her by the provisions of the Insurance Code and other laws regulating the business of insurance in this state, and to enforce the execution of those provisions and laws. This bill would additionally authorize the commissioner, in the exercise of his or her discretion to take enforcement action, to impose upon an insurer, licensee, or other entity or person subject to the commissioner's authority specified remedies, either by way of settlement or following a hearing, whenever the commissioner finds that there has been a violation of an applicable insurance provision, as prescribed.

Organization: CAHU
Assigned:  JULI,MDB,
Position: Oppose
Priority: AA--folder
 

Notes: 
CAHU opposes SB 631 that unreasonably seeks to confer unfettered authority on the Insurance Commissioner to order restitution where the Commissioner makes a finding of wrongdoing



SB 751(Gaines) Health care coverage: provider contracts.
Chapter Number: 244
Introduced: 02/18/2011
Last Amend: 07/07/2011
Status: 09/06/2011-Chaptered by the Secretary of State, Chapter Number 244, Statutes of 2011
Is Fiscal: N
Is Urgency: N
Location: 09/06/2011-S CHAPTERED
2YR/Dead 1st Desk 1st Policy 1st Fiscal 1st Floor 2nd Desk 2nd Policy 2nd Fiscal 2nd Floor Conf./Conc. Enrolled Vetoed Chaptered
 
Summary: Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care. Existing law also provides for the regulation of health insurers by the Department of Insurance. Existing law prohibits a contract between a plan or insurer and a health care provider from containing certain terms. This bill would prohibit a contract by or on behalf of a plan or insurer and a licensed hospital, as defined, or any other licensed health care facility owned by a licensed hospital to provide inpatient hospital services or ambulatory care services to subscribers and enrollees of the plan or policyholders and insureds of the insurer from containing a provision that restricts the ability of the plan or insurer to furnish information to subscribers or enrollees of the plan or policyholders or insureds of the insurer concerning the cost range of procedures at the hospital or facility or the quality of services performed by the hospital or facility. The bill would make a contractual provision inconsistent with this requirement void and unenforceable. The bill would require a plan or insurer to provide a hospital or facility the opportunity to review the methodology and data used before cost or quality information is provided to subscribers or enrollees of the plan or to policyholders or insureds of the insurer, as specified. The bill would also establish requirements applicable to information displayed on an Internet Web site pursuant to these provisions by, or on behalf of, a plan or insurer.

Organization: CAHU
Assigned:  JULI,MDB,
Position: Support
Priority: AA--folder
 

Notes: 
CAHU supports SB 751 as a way to increase tranparency of costs of health care by prohibiting a contract by or on behalf of a licensed health care facility, and a health care service plan (health plan) or health insurer from containing a provision that restricts the ability to furnish information to enrollees and insureds on the cost range of procedures or quality of services performed by the facility.



SB 810(Leno) Single-payer health care coverage.
Chapter Number: 
Introduced: 02/18/2011
Last Amend: 01/23/2012
Status: 02/01/2012-Died on third reading.
Is Fiscal: Y
Is Urgency: N
Location: 02/01/2012-S DEAD
2YR/Dead 1st Desk 1st Policy 1st Fiscal 1st Floor 2nd Desk 2nd Policy 2nd Fiscal 2nd Floor Conf./Conc. Enrolled Vetoed Chaptered
 
Summary: Existing law provides for the creation of various programs to provide health care services to persons who have limited incomes and meet various eligibility requirements. These programs include the Healthy Families Program administered by the Managed Risk Medical Insurance Board, and the Medi-Cal program administered by the State Department of Health Care Services. Existing law provides for the regulation of health care service plans by the Department of Managed Health Care and health insurers by the Department of Insurance. Commencing January 1, 2014, the federal Patient Protection and Affordable Care Act requires every individual to be covered under minimum essential coverage, as specified, and requires every health insurance issuer issuing individual or group health insurance coverage to accept every employer and individual who applies for coverage. Existing law establishes the California Health Benefit Exchange to facilitate the purchase of qualified health plans through the Exchange by qualified individuals and small employers by January 1, 2014. This bill would establish the California Healthcare System to be administered by the newly created California Healthcare Agency under the control of a Healthcare Commissioner appointed by the Governor and subject to confirmation by the Senate. The bill would make all California residents eligible for specified health care benefits under the California Healthcare System, which would, on a single-payer basis, negotiate for or set fees for health care services provided through the system and pay claims for those services. The bill would require the commissioner to seek all necessary waivers, exemptions, agreements, or legislation to allow various existing federal, state, and local health care payments to be paid to the California Healthcare System, which would then assume responsibility for all benefits and services previously paid for with those funds. This bill contains other related provisions and other existing laws.

Organization: CAHU
Assigned:  JULI,MDB,
Position: Oppose
Priority: AA--folder
 

Notes: 
CAHU strongly opposes SB 810, which seeks to institute a state run Single Payer Health Care program. CAHU believes that policymakers should instead focus on the adoption of policies, regulations, and laws needed to assure the success of federal health care reform in California.



SB 850(Leno) Medical records: confidential information.
Chapter Number: 714
Introduced: 02/18/2011
Last Amend: 09/01/2011
Status: 10/09/2011-Chaptered by the Secretary of State, Chapter Number 714, Statutes of 2011
Is Fiscal: N
Is Urgency: N
Location: 10/09/2011-S CHAPTERED
2YR/Dead 1st Desk 1st Policy 1st Fiscal 1st Floor 2nd Desk 2nd Policy 2nd Fiscal 2nd Floor Conf./Conc. Enrolled Vetoed Chaptered
 
Summary: The Confidentiality of Medical Information Act requires that every provider of health care, health care service plan, pharmaceutical company, and contractor who creates, maintains, preserves, stores, abandons, destroys, or disposes of medical records do so in a manner that preserves the confidentiality of the information contained in the record, and provides that negligence in conducting these activities may result in damages or an administrative fine or civil penalty, as specified. This bill would require an electronic health or medical record system to automatically record and preserve any change or deletion of electronically stored medical information, and would require the record to include, among other things, the identity of the person who accessed and changed the medical information and the change that was made to the medical information.

Organization: CAHU
Assigned:  JULI,MDB,
Position: Support
Priority: AA
Groups:  CAHU TOP 10,
Suboffice:  Kym Hopwood,
 

Notes: CAHU TOP 10 BILL

CAHU SUPPORTS SB 850 that requires electronic health record systems or electronic medical record systems to automatically record any change or deletion of any electronically stored medical information and would enact related requirements.



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