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.

Individual health care coverage. 2009-2010 Legislature. View bill details
Author(s):
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… 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
 
Status:
The bill has become law (chaptered). 
Senate Vote: On Passage

PASSED on September 2, 2009.

voted YES: 23 voted NO: 14
3 voted present/not voting

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
    Introduced1/12/2009
    Referred to Committee
    Passed Assembly Committee on Health3/31/2009
    Passed Assembly Committee on Appropriations4/22/2009
    Passed Assembly5/11/2009
    Passed Senate Committee on Health6/17/2009
    Passed Senate Committee on Judiciary7/14/2009
    Passed Senate Committee on Appropriations8/17/2009
    Passed Senate Committee on Appropriations8/27/2009
    Passed Senate9/02/2009
    Passed Assembly9/08/2009
    Presented to the governor (enrolled)9/25/2009
    Became law (chaptered).10/11/2009
    Bill History
    Chamber/CommitteeMotionDateResult
    select this voteAssembly Committee on HealthDo pass and be re-referred to the Committee on Appropriations.3/31/2009This motion PASSED the Assembly Committee on Health
    13 voted YES 6 voted NO 0 voted present/not voting
    select this voteAssembly Committee on AppropriationsDo pass.4/22/2009This motion PASSED the Assembly Committee on Appropriations
    11 voted YES 5 voted NO 1 voted present/not voting
    select this voteAssemblyAB 108 HAYASHI Assembly Third Reading5/11/2009This bill PASSED the Assembly
    48 voted YES 29 voted NO 3 voted present/not voting
    select this voteSenate Committee on HealthDo pass as amended, and re-refer to the Committee on Judiciary.6/17/2009This motion PASSED the Senate Committee on Health
    7 voted YES 3 voted NO 1 voted present/not voting
    select this voteSenate Committee on JudiciaryDo pass as amended, and re-refer to the Committee on Appropriations.7/14/2009This motion PASSED the Senate Committee on Judiciary
    3 voted YES 2 voted NO 0 voted present/not voting
    select this voteSenate Committee on AppropriationsPlaced on Appropriations Suspense file.8/17/2009This motion PASSED the Senate Committee on Appropriations
    13 voted YES 0 voted NO 0 voted present/not voting
    select this voteSenate Committee on AppropriationsDo pass.8/27/2009This motion PASSED the Senate Committee on Appropriations
    8 voted YES 5 voted NO 0 voted present/not voting
    currently selectedSenateAssembly 3rd Reading AB108 Hayashi By Cedillo9/02/2009This bill PASSED the Senate
    23 voted YES 14 voted NO 3 voted present/not voting
    select this voteAssemblyAB 108 HAYASHI Concurrence in Senate Amendments9/08/2009This bill PASSED the Assembly
    50 voted YES 29 voted NO 0 voted present/not voting
    ActionDateDescription
    Introduced1/12/2009
    1/12/2009Read first time. To print.
    1/13/2009From printer. May be heard in committee February 12.
    2/26/2009Referred to Com. on HEALTH. From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.
    3/02/2009Re-referred to Com. on HEALTH.
    3/24/2009In 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.
    3/25/2009Re-referred to Com. on HEALTH.
    select this voteVote3/31/2009Do pass and be re-referred to the Committee on Appropriations.
    4/01/2009From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 13. Noes 6.) (March 31).
    select this voteVote4/22/2009Do pass.
    4/23/2009From committee: Do pass. (Ayes 11. Noes 5.) (April 22).
    4/27/2009Read second time. To third reading.
    5/11/2009Read third time, passed, and to Senate. (Ayes 48. Noes 29. Page 1347.)
    5/11/2009In Senate. Read first time. To Com. on RLS. for assignment.
    select this voteAssembly Vote on Passage5/11/2009AB 108 HAYASHI Assembly Third Reading
    5/21/2009Referred to Coms. on HEALTH and JUD.
    select this voteVote6/17/2009Do pass as amended, and re-refer to the Committee on Judiciary.
    6/22/2009From committee: Amend, do pass as amended, and re-refer to Com. on JUD. (Ayes 7. Noes 3.) (June 17).
    6/23/2009Read second time, amended, and re-referred to Com. on JUD.
    6/26/2009From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
    7/06/2009In committee: Hearing postponed by committee.
    select this voteVote7/14/2009Do pass as amended, and re-refer to the Committee on Appropriations.
    7/23/2009From 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 voteVote8/17/2009Placed on Appropriations Suspense file.
    8/17/2009In committee: Placed on Appropriations suspense file.
    select this voteVote8/27/2009Do pass.
    8/31/2009From committee: Do pass. (Ayes 8. Noes 5.) (August 27). (received by desk August 28, 2009 pursuant to JR61(a)(11))
    9/01/2009Read second time. To third reading.
    9/02/2009Read third time, passed, and to Assembly. (Ayes 23. Noes 14. Page 2128.)
    currently selectedSenate Vote on Passage9/02/2009Assembly 3rd Reading AB108 Hayashi By Cedillo
    9/03/2009In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 5 pursuant to Assembly Rule 77.
    9/08/2009Senate amendments concurred in. To enrollment. (Ayes 50. Noes 29. Page 3119.)
    select this voteAssembly Vote on Passage9/08/2009AB 108 HAYASHI Concurrence in Senate Amendments
    9/25/2009Enrolled and to the Governor at 5 p.m.
    10/11/2009Approved by the Governor.
    10/11/2009Chaptered by Secretary of State - Chapter 406, Statutes of 2009.

    Total contributions given to Senators from interest groups that…

    16 Organizations Supported and 3 Opposed; See Which Ones

    Organizations that took a position on
    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.: Assembly 3rd Reading AB108 Hayashi By Cedillo

    16 organizations supported this bill

    AIDS Healthcare Foundation
    (2009, September 1). Senate Floor Analysis. Retrieved September 17, 2011, from Leginfo: Bill Analysis.
    Alliance Of California Autism Organizations
    (2009, September 1). Senate Floor Analysis. Retrieved September 17, 2011, from Leginfo: Bill Analysis.
    American Federation of State, County and Municipal Employees
    (2009, September 1). Senate Floor Analysis. Retrieved September 17, 2011, from Leginfo: Bill Analysis.
    Area Agency On Aging Of Lake And Mendocino Counties
    (2009, September 1). Senate Floor Analysis. Retrieved September 17, 2011, from Leginfo: Bill Analysis.
    California Academy of Family Physicians
    (2009, September 1). Senate Floor Analysis. Retrieved September 17, 2011, from Leginfo: Bill Analysis.
    California Alliance for Retired Americans
    (2009, September 1). Senate Floor Analysis. Retrieved September 17, 2011, from Leginfo: Bill Analysis.
    California Association of Marriage and Family Therapists
    (2009, September 1). Senate Floor Analysis. Retrieved September 17, 2011, from Leginfo: Bill Analysis.
    California Chiropractic Association
    (2009, September 1). Senate Floor Analysis. Retrieved September 17, 2011, from Leginfo: Bill Analysis.
    California Communities United Institute
    (2009, September 1). Senate Floor Analysis. Retrieved September 17, 2011, from Leginfo: Bill Analysis.
    California Medical Association
    (2009, September 1). Senate Floor Analysis. Retrieved September 17, 2011, from Leginfo: Bill Analysis.
    California Senior Legislature
    (2009, September 1). Senate Floor Analysis. Retrieved September 17, 2011, from Leginfo: Bill Analysis.
    Congress of California Seniors
    (2009, September 1). Senate Floor Analysis. Retrieved September 17, 2011, from Leginfo: Bill Analysis.
    Consumer Attorneys of California
    (2009, September 1). Senate Floor Analysis. Retrieved September 17, 2011, from Leginfo: Bill Analysis.
    Disability Rights Legal Center
    (2009, September 1). Senate Floor Analysis. Retrieved September 17, 2011, from Leginfo: Bill Analysis.
    Health Access
    (2009, September 1). Senate Floor Analysis. Retrieved September 17, 2011, from Leginfo: Bill Analysis.
    Osteopathic Physicians & Surgeons of California
    (2009, September 1). Senate Floor Analysis. Retrieved September 17, 2011, from Leginfo: Bill Analysis.

    3 organizations opposed this bill

    Association of California Life and Health Insurance Companies
    (2009, September 1). Senate Floor Analysis. Retrieved September 17, 2011, from Leginfo: Bill Analysis.
    California Association of Health Plans
    (2009, September 1). Senate Floor Analysis. Retrieved September 17, 2011, from Leginfo: Bill Analysis.
    National Association of Health Underwriters
    (2009, September 1). Senate Floor Analysis. Retrieved September 17, 2011, from Leginfo: Bill Analysis.

    Need proof?

    View citations of support and opposition

    Includes reported contributions to campaigns of Senators in office on day of vote, from interest groups invested in the vote according to MapLight, January 1, 2007 – December 31, 2010.
    Contributions data source: FollowTheMoney.org

    Contributions by Legislator

    NamePartyDistrictsort icon$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Dave CoxRCA-1$6,150$38,200No
    Pat WigginsDCA-2$27,350$4,000Yes
    Mark LenoDCA-3$108,128$10,000Yes
    Sam AanestadRCA-4$40,700$33,400No
    Lois WolkDCA-5$97,243$13,700Yes
    Darrell SteinbergDCA-6$168,551$44,950Yes
    Mark DeSaulnierDCA-7$82,040$9,125Yes
    Leland YeeDCA-8$116,005$53,091Yes
    Loni HancockDCA-9$82,450$7,800Yes
    Ellen CorbettDCA-10$70,150$2,600Yes
    Joe SimitianDCA-11$62,575$22,450Yes
    Jeff DenhamRCA-12$26,150$20,000No
    Elaine AlquistDCA-13$53,076$20,030Yes
    Dave CogdillRCA-14$33,450$39,100No
    Abel MaldonadoRCA-15$36,170$40,500Yes
    Dean FlorezDCA-16$2,000$2,500Not Voting
    George RunnerRCA-17$46,518$42,875No
    Roy AshburnRCA-18$0$0No
    Tony StricklandRCA-19$68,300$77,850No
    Alex PadillaDCA-20$98,000$42,293Yes
    Carol LiuDCA-21$38,850$9,500Yes
    Gilbert CedilloDCA-22$35,900$9,500Yes
    Fran PavleyDCA-23$58,550$9,150Yes
    Gloria RomeroDCA-24$20,350$4,100Yes
    Rod WrightDCA-25$58,450$28,050Yes
    Curren PriceDCA-26$57,464$18,100Yes
    Alan LowenthalDCA-27$41,800$12,900Yes
    Jenny OropezaDCA-28$29,800$0Not Voting
    Bob HuffRCA-29$10,100$46,657No
    Ron CalderonDCA-30$36,400$41,100Yes
    Bob DuttonRCA-31$21,310$41,850No
    Gloria Negrete McLeodDCA-32$71,221$70,781Yes
    Mimi WaltersRCA-33$54,300$66,450No
    Lou CorreaDCA-34$80,400$61,132Yes
    Tom HarmanRCA-35$34,650$69,350No
    Dennis HollingsworthRCA-36$2,500$7,000No
    John BenoitRCA-37$21,500$38,551No
    Mark WylandRCA-38$32,710$30,700No
    Christine KehoeDCA-39$53,250$9,805Yes
    Denise DuchenyDCA-40$0$0Not Voting

    Add Data Filters:

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    Show All
    NamePartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Sam AanestadRCA-4$40,700$33,400No
    Elaine AlquistDCA-13$53,076$20,030Yes
    Roy AshburnRCA-18$0$0No
    John BenoitRCA-37$21,500$38,551No
    Ron CalderonDCA-30$36,400$41,100Yes
    Gilbert CedilloDCA-22$35,900$9,500Yes
    Dave CogdillRCA-14$33,450$39,100No
    Ellen CorbettDCA-10$70,150$2,600Yes
    Lou CorreaDCA-34$80,400$61,132Yes
    Dave CoxRCA-1$6,150$38,200No
    Mark DeSaulnierDCA-7$82,040$9,125Yes
    Jeff DenhamRCA-12$26,150$20,000No
    Denise DuchenyDCA-40$0$0Not Voting
    Bob DuttonRCA-31$21,310$41,850No
    Dean FlorezDCA-16$2,000$2,500Not Voting
    Loni HancockDCA-9$82,450$7,800Yes
    Tom HarmanRCA-35$34,650$69,350No
    Dennis HollingsworthRCA-36$2,500$7,000No
    Bob HuffRCA-29$10,100$46,657No
    Christine KehoeDCA-39$53,250$9,805Yes
    Mark LenoDCA-3$108,128$10,000Yes
    Carol LiuDCA-21$38,850$9,500Yes
    Alan LowenthalDCA-27$41,800$12,900Yes
    Abel MaldonadoRCA-15$36,170$40,500Yes
    Gloria Negrete McLeodDCA-32$71,221$70,781Yes
    Jenny OropezaDCA-28$29,800$0Not Voting
    Alex PadillaDCA-20$98,000$42,293Yes
    Fran PavleyDCA-23$58,550$9,150Yes
    Curren PriceDCA-26$57,464$18,100Yes
    Gloria RomeroDCA-24$20,350$4,100Yes
    George RunnerRCA-17$46,518$42,875No
    Joe SimitianDCA-11$62,575$22,450Yes
    Darrell SteinbergDCA-6$168,551$44,950Yes
    Tony StricklandRCA-19$68,300$77,850No
    Mimi WaltersRCA-33$54,300$66,450No
    Pat WigginsDCA-2$27,350$4,000Yes
    Lois WolkDCA-5$97,243$13,700Yes
    Rod WrightDCA-25$58,450$28,050Yes
    Mark WylandRCA-38$32,710$30,700No
    Leland YeeDCA-8$116,005$53,091Yes

    Interest Groups that supported this bill

    $ Donated
    State & local government employee unions$934,315
    Physicians$534,970
    Other physician specialists$339,776
    Chiropractors$69,873
    Welfare & social work$58,000
    Health & welfare policy$45,449
    Democratic-based groups (but not official party committees) and generic liberal/progressive ones$1,953
    Elderly issues & Social Security$175
    Consumer groups$0

    Interest Groups that opposed this bill

    $ Donated
    Accident & health insurance$816,564
    HMOs$282,576
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