AB 108 - An Act to Add Section 1389.21 to the Health and Safety Code, and to Add Section 10384.17 to the Insurance Code, Relating to Health Care Coverage.

An Act to Add Section 1389.21 to the Health and Safety Code, and to Add Section 10384.17 to the Insurance Code, Relating to Health Care Coverage.

AB 108 — 2009-2010 Legislature

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 its provisions a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law prohibits the cancellation or nonrenewal of an enrollment or subscription by a health care service plan except in specified circumstances. Existing law prohibits the nonrenewal of individual health benefit plans by a health insurer except in specified circumstances.

This bill would prohibit a health care service plan or health insurer from rescinding an individual health care service plan contract or individual health insurance policy for any reason, or from canceling, limiting, or raising the premiums of the plan contract or policy due to any omission, misrepresentation, or inaccuracy in the application form, after 24 months following the issuance of the plan contract or policy, except as specified.

Because this bill would impose additional requirements on health care service plans, the willful violation of which would be… More

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 its provisions a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law prohibits the cancellation or nonrenewal of an enrollment or subscription by a health care service plan except in specified circumstances. Existing law prohibits the nonrenewal of individual health benefit plans by a health insurer except in specified circumstances.

This bill would prohibit a health care service plan or health insurer from rescinding an individual health care service plan contract or individual health insurance policy for any reason, or from canceling, limiting, or raising the premiums of the plan contract or policy due to any omission, misrepresentation, or inaccuracy in the application form, after 24 months following the issuance of the plan contract or policy, except as specified.

Because this bill would impose additional requirements on health care service plans, the willful violation of which would be a crime, it would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason. Hide

Learn More

At LegInfo.ca.gov

Title

An Act to Add Section 1389.21 to the Health and Safety Code, and to Add Section 10384.17 to the Insurance Code, Relating to Health Care Coverage.

Author(s)

Mary Hayashi

Co-Authors

Subjects

• Individual health care coverage

Major Actions

Introduced	1/12/2009
Referred to Committee
Passed Assembly Committee on Health	3/31/2009
Passed Assembly Committee on Appropriations	4/22/2009
Passed Assembly	5/11/2009
Passed Senate Committee on Health	6/17/2009
Passed Senate Committee on Judiciary	7/14/2009
Passed Senate Committee on Appropriations	8/17/2009
Passed Senate Committee on Appropriations	8/27/2009
Passed Senate	9/02/2009
Passed Assembly	9/08/2009
Presented to the governor (enrolled)	9/25/2009
Became law (chaptered).	10/11/2009

Bill History

• All Votes
• All Actions

	Chamber/Committee	Motion	Date	Result
select this vote	Assembly Committee on Health	Do pass and be re-referred to the Committee on Appropriations.	3/31/2009	This motion PASSED the Assembly Committee on Health 13 voted YES 6 voted NO 0 voted present/not voting
select this vote	Assembly Committee on Appropriations	Do pass.	4/22/2009	This motion PASSED the Assembly Committee on Appropriations 11 voted YES 5 voted NO 1 voted present/not voting
select this vote	Assembly	AB 108 HAYASHI Assembly Third Reading	5/11/2009	This bill PASSED the Assembly 48 voted YES 29 voted NO 3 voted present/not voting
select this vote	Senate Committee on Health	Do pass as amended, and re-refer to the Committee on Judiciary.	6/17/2009	This motion PASSED the Senate Committee on Health 7 voted YES 3 voted NO 1 voted present/not voting
select this vote	Senate Committee on Judiciary	Do pass as amended, and re-refer to the Committee on Appropriations.	7/14/2009	This motion PASSED the Senate Committee on Judiciary 3 voted YES 2 voted NO 0 voted present/not voting
select this vote	Senate Committee on Appropriations	Placed on Appropriations Suspense file.	8/17/2009	This motion PASSED the Senate Committee on Appropriations 13 voted YES 0 voted NO 0 voted present/not voting
currently selected	Senate Committee on Appropriations	Do pass.	8/27/2009	This motion PASSED the Senate Committee on Appropriations 8 voted YES 5 voted NO 0 voted present/not voting
select this vote	Senate	Assembly 3rd Reading AB108 Hayashi By Cedillo	9/02/2009	This bill PASSED the Senate 23 voted YES 14 voted NO 3 voted present/not voting
select this vote	Assembly	AB 108 HAYASHI Concurrence in Senate Amendments	9/08/2009	This bill PASSED the Assembly 50 voted YES 29 voted NO 0 voted present/not voting

	Action	Date	Description
	Introduced	1/12/2009
		1/12/2009	Read first time. To print.
		1/13/2009	From printer. May be heard in committee February 12.
		2/26/2009	Referred to Com. on HEALTH. From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.
		3/02/2009	Re-referred to Com. on HEALTH.
		3/24/2009	In committee: Set, first hearing. Hearing canceled at the request of author. From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.
		3/25/2009	Re-referred to Com. on HEALTH.
select this vote	Vote	3/31/2009	Do pass and be re-referred to the Committee on Appropriations.
		4/01/2009	From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 13. Noes 6.) (March 31).
select this vote	Vote	4/22/2009	Do pass.
		4/23/2009	From committee: Do pass. (Ayes 11. Noes 5.) (April 22).
		4/27/2009	Read second time. To third reading.
		5/11/2009	Read third time, passed, and to Senate. (Ayes 48. Noes 29. Page 1347.)
		5/11/2009	In Senate. Read first time. To Com. on RLS. for assignment.
select this vote	Assembly Vote on Passage	5/11/2009	AB 108 HAYASHI Assembly Third Reading
		5/21/2009	Referred to Coms. on HEALTH and JUD.
select this vote	Vote	6/17/2009	Do pass as amended, and re-refer to the Committee on Judiciary.
		6/22/2009	From committee: Amend, do pass as amended, and re-refer to Com. on JUD. (Ayes 7. Noes 3.) (June 17).
		6/23/2009	Read second time, amended, and re-referred to Com. on JUD.
		6/26/2009	From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
		7/06/2009	In committee: Hearing postponed by committee.
select this vote	Vote	7/14/2009	Do pass as amended, and re-refer to the Committee on Appropriations.
		7/23/2009	From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 3. Noes 2.) (July 14). Read second time, amended, and re-referred to Com. on APPR.
select this vote	Vote	8/17/2009	Placed on Appropriations Suspense file.
		8/17/2009	In committee: Placed on Appropriations suspense file.
currently selected	Vote	8/27/2009	Do pass.
		8/31/2009	From committee: Do pass. (Ayes 8. Noes 5.) (August 27). (received by desk August 28, 2009 pursuant to JR61(a)(11))
		9/01/2009	Read second time. To third reading.
		9/02/2009	Read third time, passed, and to Assembly. (Ayes 23. Noes 14. Page 2128.)
select this vote	Senate Vote on Passage	9/02/2009	Assembly 3rd Reading AB108 Hayashi By Cedillo
		9/03/2009	In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 5 pursuant to Assembly Rule 77.
		9/08/2009	Senate amendments concurred in. To enrollment. (Ayes 50. Noes 29. Page 3119.)
select this vote	Assembly Vote on Passage	9/08/2009	AB 108 HAYASHI Concurrence in Senate Amendments
		9/25/2009	Enrolled and to the Governor at 5 p.m.
		10/11/2009	Approved by the Governor.
		10/11/2009	Chaptered by Secretary of State - Chapter 406, Statutes of 2009.