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). 
Assembly Vote: On Passage

PASSED on September 8, 2009.

voted YES: 50 voted NO: 29
0 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
    select this voteSenateAssembly 3rd Reading AB108 Hayashi By Cedillo9/02/2009This bill PASSED the Senate
    23 voted YES 14 voted NO 3 voted present/not voting
    currently selectedAssemblyAB 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.)
    select this voteSenate 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.)
    currently selectedAssembly 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 Assemblymembers 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.: AB 108 HAYASHI Concurrence in Senate Amendments

    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 Assemblymembers in office on day of vote, from interest groups invested in the vote according to MapLight, January 1, 2009 – December 31, 2010.
    Contributions data source: FollowTheMoney.org

    Contributions by Legislator

    Namesort iconPartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Anthony AdamsRCA-59$0$0No
    Tom AmmianoDCA-13$24,100$0Yes
    Joel AndersonRCA-77$30,325$17,700No
    Juan ArambulaICA-31$0$0Yes
    Karen BassDCA-47$49,050$6,250Yes
    Jim BeallDCA-24$19,175$4,000Yes
    Bill BerryhillRCA-26$10,200$9,700No
    Tom BerryhillRCA-25$4,600$12,100No
    Sam BlakesleeRCA-33$0$0No
    Marty BlockDCA-78$48,500$24,000Yes
    Bob BlumenfieldDCA-40$27,950$2,000Yes
    Julia BrownleyDCA-41$16,500$1,000Yes
    Joan BuchananDCA-15$67,534$2,250Yes
    Anna CaballeroDCA-28$55,448$7,000Yes
    Charles CalderonDCA-58$12,400$15,500Yes
    Wilmer Amina CarterDCA-62$16,864$9,500Yes
    Wesley ChesbroDCA-1$38,483$5,000Yes
    Connie ConwayRCA-34$31,900$34,700No
    Paul CookRCA-65$9,000$6,900No
    Joe CotoDCA-23$0$0Yes
    Mike DavisDCA-48$4,000$0Yes
    Hector De La TorreDCA-50$67,601$7,500Yes
    Kevin De LeonDCA-45$69,299$17,900Yes
    Chuck DeVoreRCA-70$0$0No
    Mike DuvallRCA-72$0$0No
    Bill EmmersonRCA-63$600$0No
    Mike EngDCA-49$54,060$9,300Yes
    Noreen EvansDCA-7$23,720$3,000Yes
    Mike FeuerDCA-42$19,200$6,900Yes
    Nathan FletcherRCA-75$64,054$49,300No
    Paul FongDCA-22$13,650$1,600Yes
    Felipe FuentesDCA-39$37,600$13,300Yes
    Jean FullerRCA-32$26,550$16,000No
    Warren FurutaniDCA-55$78,500$0Yes
    Ted GainesRCA-4$9,150$60,900No
    Cathleen GalgianiDCA-17$14,524$28,938Yes
    Martin GarrickRCA-74$32,116$38,150No
    Danny GilmoreRCA-30$0$0No
    Curt HagmanRCA-60$17,200$12,500No
    Isadore HallDCA-52$40,632$22,335Yes
    Diane HarkeyRCA-73$11,875$9,500No
    Mary HayashiDCA-18$62,158$29,300Yes
    Ed HernandezDCA-57$57,623$20,750Yes
    Jerry HillDCA-19$36,100$9,150Yes
    Alyson HuberDCA-10$48,702$14,300Yes
    Jared HuffmanDCA-6$26,800$4,495Yes
    Kevin JeffriesRCA-66$5,500$4,000No
    Dave JonesDCA-9$290,124$5,210Yes
    Steve KnightRCA-36$8,980$5,500No
    Paul KrekorianDCA-43$0$0Yes
    Ted LieuDCA-53$84,340$12,850Yes
    Dan LogueRCA-3$5,600$14,750No
    Bonnie LowenthalDCA-54$42,350$11,300Yes
    Fiona MaDCA-12$24,550$5,900Yes
    Tony MendozaDCA-56$56,255$16,400Yes
    Jeff MillerRCA-71$4,500$9,250No
    Bill MonningDCA-27$38,050$31,750Yes
    Pedro NavaDCA-35$22,700$200Yes
    Brian NestandeRCA-64$8,800$1,300No
    Roger NielloRCA-5$5,500$28,200No
    Jim NielsenRCA-2$10,500$13,000No
    John PerezDCA-46$102,858$42,900Yes
    Manuel PerezDCA-80$52,645$17,100Yes
    Anthony PortantinoDCA-44$52,550$9,250Yes
    Ira RuskinDCA-21$0$0Yes
    Mary SalasDCA-79$50,609$13,508Yes
    Lori SaldanaDCA-76$0$0Yes
    Jim SilvaRCA-67$6,050$15,400No
    Nancy SkinnerDCA-14$46,500$9,500Yes
    Cameron SmythRCA-38$18,900$33,450No
    Jose SolorioDCA-69$29,619$33,200Yes
    Audra StricklandRCA-37$0$0No
    Sandre SwansonDCA-16$104,478$1,000Yes
    Tom TorlaksonDCA-11$164,450$875Yes
    Norma TorresDCA-61$43,928$7,000Yes
    Alberto TorricoDCA-20$19,094$17,735Yes
    Van TranRCA-68$0$0No
    Mike VillinesRCA-29$29,900$7,400No
    Mariko YamadaDCA-8$16,817$1,000Yes

    Add Data Filters:

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    NamePartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Anthony AdamsRCA-59$0$0No
    Tom AmmianoDCA-13$24,100$0Yes
    Joel AndersonRCA-77$30,325$17,700No
    Juan ArambulaICA-31$0$0Yes
    Karen BassDCA-47$49,050$6,250Yes
    Jim BeallDCA-24$19,175$4,000Yes
    Bill BerryhillRCA-26$10,200$9,700No
    Tom BerryhillRCA-25$4,600$12,100No
    Sam BlakesleeRCA-33$0$0No
    Marty BlockDCA-78$48,500$24,000Yes
    Bob BlumenfieldDCA-40$27,950$2,000Yes
    Julia BrownleyDCA-41$16,500$1,000Yes
    Joan BuchananDCA-15$67,534$2,250Yes
    Anna CaballeroDCA-28$55,448$7,000Yes
    Charles CalderonDCA-58$12,400$15,500Yes
    Wilmer Amina CarterDCA-62$16,864$9,500Yes
    Wesley ChesbroDCA-1$38,483$5,000Yes
    Connie ConwayRCA-34$31,900$34,700No
    Paul CookRCA-65$9,000$6,900No
    Joe CotoDCA-23$0$0Yes
    Mike DavisDCA-48$4,000$0Yes
    Hector De La TorreDCA-50$67,601$7,500Yes
    Kevin De LeonDCA-45$69,299$17,900Yes
    Chuck DeVoreRCA-70$0$0No
    Mike DuvallRCA-72$0$0No
    Bill EmmersonRCA-63$600$0No
    Mike EngDCA-49$54,060$9,300Yes
    Noreen EvansDCA-7$23,720$3,000Yes
    Mike FeuerDCA-42$19,200$6,900Yes
    Nathan FletcherRCA-75$64,054$49,300No
    Paul FongDCA-22$13,650$1,600Yes
    Felipe FuentesDCA-39$37,600$13,300Yes
    Jean FullerRCA-32$26,550$16,000No
    Warren FurutaniDCA-55$78,500$0Yes
    Ted GainesRCA-4$9,150$60,900No
    Cathleen GalgianiDCA-17$14,524$28,938Yes
    Martin GarrickRCA-74$32,116$38,150No
    Danny GilmoreRCA-30$0$0No
    Curt HagmanRCA-60$17,200$12,500No
    Isadore HallDCA-52$40,632$22,335Yes
    Diane HarkeyRCA-73$11,875$9,500No
    Mary HayashiDCA-18$62,158$29,300Yes
    Ed HernandezDCA-57$57,623$20,750Yes
    Jerry HillDCA-19$36,100$9,150Yes
    Alyson HuberDCA-10$48,702$14,300Yes
    Jared HuffmanDCA-6$26,800$4,495Yes
    Kevin JeffriesRCA-66$5,500$4,000No
    Dave JonesDCA-9$290,124$5,210Yes
    Steve KnightRCA-36$8,980$5,500No
    Paul KrekorianDCA-43$0$0Yes
    Ted LieuDCA-53$84,340$12,850Yes
    Dan LogueRCA-3$5,600$14,750No
    Bonnie LowenthalDCA-54$42,350$11,300Yes
    Fiona MaDCA-12$24,550$5,900Yes
    Tony MendozaDCA-56$56,255$16,400Yes
    Jeff MillerRCA-71$4,500$9,250No
    Bill MonningDCA-27$38,050$31,750Yes
    Pedro NavaDCA-35$22,700$200Yes
    Brian NestandeRCA-64$8,800$1,300No
    Roger NielloRCA-5$5,500$28,200No
    Jim NielsenRCA-2$10,500$13,000No
    John PerezDCA-46$102,858$42,900Yes
    Manuel PerezDCA-80$52,645$17,100Yes
    Anthony PortantinoDCA-44$52,550$9,250Yes
    Ira RuskinDCA-21$0$0Yes
    Mary SalasDCA-79$50,609$13,508Yes
    Lori SaldanaDCA-76$0$0Yes
    Jim SilvaRCA-67$6,050$15,400No
    Nancy SkinnerDCA-14$46,500$9,500Yes
    Cameron SmythRCA-38$18,900$33,450No
    Jose SolorioDCA-69$29,619$33,200Yes
    Audra StricklandRCA-37$0$0No
    Sandre SwansonDCA-16$104,478$1,000Yes
    Tom TorlaksonDCA-11$164,450$875Yes
    Norma TorresDCA-61$43,928$7,000Yes
    Alberto TorricoDCA-20$19,094$17,735Yes
    Van TranRCA-68$0$0No
    Mike VillinesRCA-29$29,900$7,400No
    Mariko YamadaDCA-8$16,817$1,000Yes

    Interest Groups that supported this bill

    $ Donated
    State & local government employee unions$1,467,516
    Physicians$608,168
    Other physician specialists$324,509
    Chiropractors$91,979
    Welfare & social work$71,750
    Health & welfare policy$50,347
    Democratic-based groups (but not official party committees) and generic liberal/progressive ones$9,620
    Consumer groups$0
    Elderly issues & Social Security$0

    Interest Groups that opposed this bill

    $ Donated
    Accident & health insurance$681,811
    HMOs$219,835
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