Individual legislator voting records for this vote are not currently available. Includes all politicians who were in office at any point during the 2011-2012 Legislature.

AB 369 - An Act to Add Section 1367.243 to the Health and Safety Code, and to Add Section 10123.192 to the Insurance Code, Relating to Health Care Coverage.

Health care coverage: prescription drugs. 2011-2012 Legislature. View bill details
Author(s):
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 and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Commonly referred to as utilization review, existing law governs the procedures that apply… More
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 and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Commonly referred to as utilization review, existing law governs the procedures that apply to every health care service plan and health insurer that prospectively, retrospectively, or concurrently reviews and approves, modifies, delays, or denies, based on medical necessity, requests by providers prior to, retrospectively, or concurrent with, the provision of health care services to enrollees or insureds, as specified.

Existing law also imposes various requirements and restrictions on health care service plans and health insurers, including, among other things, requiring a health care service plan that provides prescription drug benefits to maintain an expeditious process by which prescribing providers, as described, may obtain authorization for a medically necessary nonformulary prescription drug, according to certain procedures. Existing law also requires every health care service plan that provides prescription drug benefits that maintains one or more drug formularies to provide to members of the public, upon request, a copy of the most current list of prescription drugs on the formulary.

This bill would impose specified requirements on health care service plans or health insurers that restrict medications for the treatment of pain pursuant to step therapy or fail first protocol. The bill would authorize the duration of any step therapy or fail first protocol to be determined by the prescribing participating plan provider or prescribing provider, as respectively defined, and would, except under certain conditions, prohibit a health care service plan or health insurer from requiring that a patient try and fail on more than 2 pain medications before allowing the patient access to other pain medication prescribed by the prescribing participating plan provider or prescribing provider, as specified.

Because a willful violation of the bill’s provisions relative to health care service plans would be a crime, the bill 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:
This bill was passed by both houses and vetoed by the Governor. It did not become law
Assembly Vote: On Passage

PASSED on January 26, 2012.

voted YES: 48 voted NO: 22
10 voted present/not voting

An Act to Add Section 1367.243 to the Health and Safety Code, and to Add Section 10123.192 to the Insurance Code, Relating to Health Care Coverage.

AB 369 — 2011-2012 Legislature

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 and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Commonly referred to as utilization review, existing law governs the procedures that apply to every health care service plan and health insurer that prospectively, retrospectively, or concurrently reviews and approves, modifies, delays, or denies, based on medical necessity, requests by providers prior to, retrospectively, or concurrent with, the provision of health care services to enrollees or insureds, as specified.

Existing law also imposes various requirements and restrictions on health care service plans and health insurers, including, among other things, requiring a health care service plan that provides prescription drug benefits to maintain an expeditious process by which prescribing providers, as described, may obtain authorization for a medically necessary nonformulary prescription drug, according to certain procedures. Existing law also requires every… More
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 and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Commonly referred to as utilization review, existing law governs the procedures that apply to every health care service plan and health insurer that prospectively, retrospectively, or concurrently reviews and approves, modifies, delays, or denies, based on medical necessity, requests by providers prior to, retrospectively, or concurrent with, the provision of health care services to enrollees or insureds, as specified.

Existing law also imposes various requirements and restrictions on health care service plans and health insurers, including, among other things, requiring a health care service plan that provides prescription drug benefits to maintain an expeditious process by which prescribing providers, as described, may obtain authorization for a medically necessary nonformulary prescription drug, according to certain procedures. Existing law also requires every health care service plan that provides prescription drug benefits that maintains one or more drug formularies to provide to members of the public, upon request, a copy of the most current list of prescription drugs on the formulary.

This bill would impose specified requirements on health care service plans or health insurers that restrict medications for the treatment of pain pursuant to step therapy or fail first protocol. The bill would authorize the duration of any step therapy or fail first protocol to be determined by the prescribing participating plan provider or prescribing provider, as respectively defined, and would, except under certain conditions, prohibit a health care service plan or health insurer from requiring that a patient try and fail on more than 2 pain medications before allowing the patient access to other pain medication prescribed by the prescribing participating plan provider or prescribing provider, as specified.

Because a willful violation of the bill’s provisions relative to health care service plans would be a crime, the bill 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 1367.243 to the Health and Safety Code, and to Add Section 10123.192 to the Insurance Code, Relating to Health Care Coverage.
Author(s)
Jared Huffman
Co-Authors
Subjects
  • Health care coverage: prescription drugs
Major Actions
Introduced2/14/2011
Referred to Committee
Passed Assembly Committee on Health4/26/2011
Passed Assembly Committee on Appropriations1/19/2012
Passed Assembly1/26/2012
Passed Senate Committee on Health6/27/2012
Passed Senate Committee on Appropriations8/06/2012
Passed Senate Committee on Appropriations8/16/2012
Passed Senate8/29/2012
Passed Assembly8/30/2012
Presented to the governor (enrolled)9/13/2012
Vetoed by Governor9/30/2012
Vetoed by Governor9/30/2012
Bill History
Chamber/CommitteeMotionDateResult
select this voteAssembly Committee on HealthDo pass and be re-referred to the Committee on Appropriations.4/26/2011This motion PASSED the Assembly Committee on Health
13 voted YES 5 voted NO 1 voted present/not voting
select this voteAssembly Committee on AppropriationsDo pass.1/19/2012This motion PASSED the Assembly Committee on Appropriations
12 voted YES 5 voted NO 0 voted present/not voting
currently selectedAssemblyAB 369 HUFFMAN Assembly Third Reading1/26/2012This bill PASSED the Assembly
48 voted YES 22 voted NO 10 voted present/not voting
select this voteSenate Committee on HealthDo pass as amended, and re-refer to the Committee on Appropriations.6/27/2012This motion PASSED the Senate Committee on Health
5 voted YES 2 voted NO 2 voted present/not voting
select this voteSenate Committee on AppropriationsPlaced on Appropriations Suspense file.8/06/2012This motion PASSED the Senate Committee on Appropriations
7 voted YES 0 voted NO 0 voted present/not voting
select this voteSenate Committee on AppropriationsDo pass.8/16/2012This motion PASSED the Senate Committee on Appropriations
5 voted YES 2 voted NO 0 voted present/not voting
select this voteSenateAssembly 3rd Reading AB369 Huffman By Price8/29/2012This bill PASSED the Senate
23 voted YES 11 voted NO 6 voted present/not voting
select this voteAssemblyAB 369 HUFFMAN Concurrence in Senate Amendments8/30/2012This bill PASSED the Assembly
60 voted YES 15 voted NO 5 voted present/not voting
ActionDateDescription
Introduced2/14/2011
2/14/2011Read first time. To print.
2/15/2011From printer. May be heard in committee March 17.
3/03/2011Referred to Com. on HEALTH.
select this voteVote4/26/2011Do pass and be re-referred to the Committee on Appropriations.
4/27/2011From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 5.) (April 26). Re-referred to Com. on APPR.
5/04/2011In committee: Set, first hearing. Referred to APPR. suspense file.
5/27/2011In committee: Hearing postponed by committee.
select this voteVote1/19/2012Do pass.
1/19/2012From committee: Do pass. (Ayes 12. Noes 5.) (January 19).
1/23/2012Read second time. Ordered to third reading.
1/26/2012In Senate. Read first time. To Com. on RLS. for assignment.
1/26/2012Read third time. Passed. Ordered to the Senate. (Ayes 48. Noes 22. Page 3592.)
currently selectedAssembly Vote on Passage1/26/2012AB 369 HUFFMAN Assembly Third Reading
2/16/2012Referred to Com. on HEALTH.
5/21/2012From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.
6/20/2012From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.
select this voteVote6/27/2012Do pass as amended, and re-refer to the Committee on Appropriations.
7/02/2012From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 27).
7/03/2012Read second time and amended. Re-referred to Com. on APPR.
8/06/2012In committee: Referred to APPR. suspense file.
select this voteVote8/06/2012Placed on Appropriations Suspense file.
8/16/2012From committee: Do pass. (Ayes 5. Noes 2.) (August 16).
select this voteVote8/16/2012Do pass.
8/20/2012Read second time. Ordered to third reading.
8/24/2012Read third time and amended. Ordered to second reading.
8/27/2012Read second time. Ordered to third reading.
8/29/2012Read third time. Passed. Ordered to the Assembly. (Ayes 23. Noes 11. Page 4975.).
8/29/2012In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 31 pursuant to Assembly Rule 77.
select this voteSenate Vote on Passage8/29/2012Assembly 3rd Reading AB369 Huffman By Price
8/30/2012Assembly Rule 77 suspended. (Page 6605.) Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 60. Noes 15. Page 6621.).
select this voteAssembly Vote on Passage8/30/2012AB 369 HUFFMAN Concurrence in Senate Amendments
9/13/2012Enrolled and presented to the Governor at 12:15 p.m.
Vetoed9/30/2012Vetoed by Governor.
9/30/2012Consideration of Governor's veto pending.

Total contributions given to Assemblymembers from interest groups that…

18 Organizations Supported and 10 Opposed; See Which Ones

Organizations that took a position on
An Act to Add Section 1367.243 to the Health and Safety Code, and to Add Section 10123.192 to the Insurance Code, Relating to Health Care Coverage.: AB 369 HUFFMAN Assembly Third Reading

18 organizations supported this bill

American Academy of Pain Medicine
Assembly Committee on Health (2011, April 21). Assembly Committee Analysis. Retrieved May 6, 2011, from Leg. Info.
American Chronic Pain Association
Assembly Committee on Health (2011, April 21). Assembly Committee Analysis. Retrieved May 6, 2011, from Leg. Info.
American Society of Anesthesiologists
Assembly Committee on Health (2011, April 21). Assembly Committee Analysis. Retrieved May 6, 2011, from Leg. Info.
Association of Northern California Oncologists
Assembly Committee on Health (2011, April 21). Assembly Committee Analysis. Retrieved May 6, 2011, from Leg. Info.
California Academy of Pain Medicine
Assembly Committee on Health (2011, April 21). Assembly Committee Analysis. Retrieved May 6, 2011, from Leg. Info.
California Academy of Physician Assistants
Assembly Committee on Health (2011, April 21). Assembly Committee Analysis. Retrieved May 6, 2011, from Leg. Info.
California Alliance for Retired Americans
Assembly Committee on Health (2011, April 21). Assembly Committee Analysis. Retrieved May 6, 2011, from Leg. Info.
California Medical Association
Assembly Committee on Health (2011, April 21). Assembly Committee Analysis. Retrieved May 6, 2011, from Leg. Info.
California Orthopaedic Association
Assembly Committee on Health (2011, April 21). Assembly Committee Analysis. Retrieved May 6, 2011, from Leg. Info.
Congress of California Seniors
Assembly Committee on Health (2011, April 21). Assembly Committee Analysis. Retrieved May 6, 2011, from Leg. Info.
For Grace
Assembly Committee on Health (2011, April 21). Assembly Committee Analysis. Retrieved May 6, 2011, from Leg. Info.
Global Healthy Living Foundation
Assembly Committee on Health (2011, April 21). Assembly Committee Analysis. Retrieved May 6, 2011, from Leg. Info.
International Association of Fire Fighters
Assembly Committee on Health (2011, April 21). Assembly Committee Analysis. Retrieved May 6, 2011, from Leg. Info.
Medical Oncology Association of Southern California
Assembly Committee on Health (2011, April 21). Assembly Committee Analysis. Retrieved May 6, 2011, from Leg. Info.
National Multiple Sclerosis Society - California Action Network
Assembly Committee on Health (2011, April 21). Assembly Committee Analysis. Retrieved May 6, 2011, from Leg. Info.
National Nurses United
Assembly Committee on Health (2011, April 21). Assembly Committee Analysis. Retrieved May 6, 2011, from Leg. Info.
Power of Pain Foundation
Assembly Committee on Health (2011, April 21). Assembly Committee Analysis. Retrieved May 6, 2011, from Leg. Info.
Southern California Cancer Pain Initiative
Assembly Committee on Health (2011, April 21). Assembly Committee Analysis. Retrieved May 6, 2011, from Leg. Info.

10 organizations opposed this bill

America's Health Insurance Plans
Assembly Committee on Health (2011, April 21). Assembly Committee Analysis. Retrieved May 6, 2011, from Leg. Info.
Association of California Life and Health Insurance Companies
Assembly Committee on Health (2011, April 21). Assembly Committee Analysis. Retrieved May 6, 2011, from Leg. Info.
Blue Shield of California
Assembly Committee on Health (2011, April 21). Assembly Committee Analysis. Retrieved May 6, 2011, from Leg. Info.
California Association of Health Plans
Assembly Committee on Health (2011, April 21). Assembly Committee Analysis. Retrieved May 6, 2011, from Leg. Info.
California Chamber of Commerce
Assembly Committee on Health (2011, April 21). Assembly Committee Analysis. Retrieved May 6, 2011, from Leg. Info.
CVS Caremark
Assembly Committee on Health (2011, April 21). Assembly Committee Analysis. Retrieved May 6, 2011, from Leg. Info.
Express Scripts
Assembly Committee on Health (2011, April 21). Assembly Committee Analysis. Retrieved May 6, 2011, from Leg. Info.
Health Net
Assembly Committee on Health (2011, April 21). Assembly Committee Analysis. Retrieved May 6, 2011, from Leg. Info.
Medco Health Solutions
Assembly Committee on Health (2011, April 21). Assembly Committee Analysis. Retrieved May 6, 2011, from Leg. Info.
Molina Healthcare
Assembly Committee on Health (2011, April 21). Assembly Committee Analysis. Retrieved May 6, 2011, from Leg. Info.

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, 2011 – December 31, 2012.
Contributions data source: FollowTheMoney.org

Contributions by Legislator

Namesort iconPartyDistrict$ From Interest Groups
That Supported
$ From Interest Groups
That Opposed
Vote
Mariko YamadaDCA-8$38,128$0
Das WilliamsDCA-35$87,289$13,900
Bob WieckowskiDCA-20$54,200$10,750
Don WagnerRCA-70$8,000$22,400
David ValadaoRCA-30$0$0
Norma TorresDCA-61$41,453$21,800
Sandre SwansonDCA-16$0$0
Jose SolorioDCA-69$0$0
Cameron SmythRCA-38$0$0
Nancy SkinnerDCA-14$49,705$14,600
Jim SilvaRCA-67$0$0
Anthony PortantinoDCA-44$0$0
Manuel PerezDCA-80$53,000$19,300
John PerezDCA-46$155,249$124,473
Henry PereaDCA-31$58,224$43,300
Richard PanDCA-5$116,421$72,899
Kristin OlsenRCA-25$27,900$30,375
Chris NorbyRCA-72$14,250$22,000
Jim NielsenRCA-2$12,500$8,300
Brian NestandeRCA-64$38,300$29,800
Mike MorrellRCA-63$13,699$21,950
Bill MonningDCA-27$64,777$58,903
Holly MitchellDCA-47$50,983$39,650
Jeff MillerRCA-71$24,100$25,050
Tony MendozaDCA-56$0$0
Allan MansoorRCA-68$9,250$28,550
Fiona MaDCA-12$0$0
Bonnie LowenthalDCA-54$23,400$11,500
Dan LogueRCA-3$30,550$71,029
Ricardo LaraDCA-50$58,200$36,250
Steve KnightRCA-36$21,850$10,500
Brian JonesRCA-77$9,000$9,300
Kevin JeffriesRCA-66$0$0
Jared HuffmanDCA-6$0$0
Ben HuesoDCA-79$24,747$10,500
Alyson HuberDCA-10$0$0
Jerry HillDCA-19$60,450$44,150
Roger HernandezDCA-57$40,566$35,930
Mary HayashiDCA-18$0$0
Diane HarkeyRCA-73$19,900$28,000
Isadore HallDCA-52$47,600$28,803
Linda HaldermanRCA-29$0$0
Curt HagmanRCA-60$39,400$40,700
Shannon GroveRCA-32$4,000$20,300
Jeff GorellRCA-37$36,500$14,400
Rich GordonDCA-21$45,186$27,350
Mike GattoDCA-43$58,200$47,475
Martin GarrickRCA-74$0$0
Cathleen GalgianiDCA-17$94,475$29,300
Beth GainesRCA-4$34,450$38,471
Warren FurutaniDCA-55$0$0
Felipe FuentesDCA-39$0$0
Paul FongDCA-22$38,484$750
Nathan FletcherRCA-75$0$0
Mike FeuerDCA-42$0$0
Mike EngDCA-49$0$0
Tim DonnellyRCA-59$2,500$4,500
Roger DickinsonDCA-9$31,350$8,100
Mike DavisDCA-48$0$0
Paul CookRCA-65$0$0
Connie ConwayRCA-34$51,550$92,331
Wesley ChesbroDCA-1$25,450$5,900
Gilbert CedilloDCA-45$0$0
Wilmer Amina CarterDCA-62$0$0
Nora CamposDCA-23$45,251$8,000
Charles CalderonDCA-58$0$0
Betsy ButlerDCA-53$136,350$22,349
Joan BuchananDCA-15$44,410$15,900
Julia BrownleyDCA-41$0$0
Steven BradfordDCA-51$27,000$15,500
Susan BonillaDCA-11$57,775$24,500
Bob BlumenfieldDCA-40$44,800$20,349
Marty BlockDCA-78$63,000$9,400
Bill BerryhillRCA-26$33,750$20,400
Jim BeallDCA-24$94,644$5,825
Toni AtkinsDCA-76$59,050$40,750
Tom AmmianoDCA-13$14,124$350
Michael AllenDCA-7$113,800$6,000
Luis AlejoDCA-28$47,385$5,000
Katcho AchadjianRCA-33$37,050$14,450

Add Data Filters:

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NamePartyDistrict$ From Interest Groups
That Supported
$ From Interest Groups
That Opposed
Vote
Katcho AchadjianRCA-33$37,050$14,450
Luis AlejoDCA-28$47,385$5,000
Michael AllenDCA-7$113,800$6,000
Tom AmmianoDCA-13$14,124$350
Toni AtkinsDCA-76$59,050$40,750
Jim BeallDCA-24$94,644$5,825
Bill BerryhillRCA-26$33,750$20,400
Marty BlockDCA-78$63,000$9,400
Bob BlumenfieldDCA-40$44,800$20,349
Susan BonillaDCA-11$57,775$24,500
Steven BradfordDCA-51$27,000$15,500
Julia BrownleyDCA-41$0$0
Joan BuchananDCA-15$44,410$15,900
Betsy ButlerDCA-53$136,350$22,349
Charles CalderonDCA-58$0$0
Nora CamposDCA-23$45,251$8,000
Wilmer Amina CarterDCA-62$0$0
Gilbert CedilloDCA-45$0$0
Wesley ChesbroDCA-1$25,450$5,900
Connie ConwayRCA-34$51,550$92,331
Paul CookRCA-65$0$0
Mike DavisDCA-48$0$0
Roger DickinsonDCA-9$31,350$8,100
Tim DonnellyRCA-59$2,500$4,500
Mike EngDCA-49$0$0
Mike FeuerDCA-42$0$0
Nathan FletcherRCA-75$0$0
Paul FongDCA-22$38,484$750
Felipe FuentesDCA-39$0$0
Warren FurutaniDCA-55$0$0
Beth GainesRCA-4$34,450$38,471
Cathleen GalgianiDCA-17$94,475$29,300
Martin GarrickRCA-74$0$0
Mike GattoDCA-43$58,200$47,475
Rich GordonDCA-21$45,186$27,350
Jeff GorellRCA-37$36,500$14,400
Shannon GroveRCA-32$4,000$20,300
Curt HagmanRCA-60$39,400$40,700
Linda HaldermanRCA-29$0$0
Isadore HallDCA-52$47,600$28,803
Diane HarkeyRCA-73$19,900$28,000
Mary HayashiDCA-18$0$0
Roger HernandezDCA-57$40,566$35,930
Jerry HillDCA-19$60,450$44,150
Alyson HuberDCA-10$0$0
Ben HuesoDCA-79$24,747$10,500
Jared HuffmanDCA-6$0$0
Kevin JeffriesRCA-66$0$0
Brian JonesRCA-77$9,000$9,300
Steve KnightRCA-36$21,850$10,500
Ricardo LaraDCA-50$58,200$36,250
Dan LogueRCA-3$30,550$71,029
Bonnie LowenthalDCA-54$23,400$11,500
Fiona MaDCA-12$0$0
Allan MansoorRCA-68$9,250$28,550
Tony MendozaDCA-56$0$0
Jeff MillerRCA-71$24,100$25,050
Holly MitchellDCA-47$50,983$39,650
Bill MonningDCA-27$64,777$58,903
Mike MorrellRCA-63$13,699$21,950
Brian NestandeRCA-64$38,300$29,800
Jim NielsenRCA-2$12,500$8,300
Chris NorbyRCA-72$14,250$22,000
Kristin OlsenRCA-25$27,900$30,375
Richard PanDCA-5$116,421$72,899
Henry PereaDCA-31$58,224$43,300
John PerezDCA-46$155,249$124,473
Manuel PerezDCA-80$53,000$19,300
Anthony PortantinoDCA-44$0$0
Jim SilvaRCA-67$0$0
Nancy SkinnerDCA-14$49,705$14,600
Cameron SmythRCA-38$0$0
Jose SolorioDCA-69$0$0
Sandre SwansonDCA-16$0$0
Norma TorresDCA-61$41,453$21,800
David ValadaoRCA-30$0$0
Don WagnerRCA-70$8,000$22,400
Bob WieckowskiDCA-20$54,200$10,750
Das WilliamsDCA-35$87,289$13,900
Mariko YamadaDCA-8$38,128$0

Interest Groups that supported this bill

$ Donated
Police & fire fighters unions and associations$1,293,027
Health worker unions$453,700
Physicians$346,154
Other physician specialists$215,400
Health & welfare policy$79,008
Other non-physician health practitioners$78,360
Women's issues$39,700
Welfare & social work$28,175
Nonprofit foundations$100
Elderly issues & Social Security$0
Health, education & human resources$0

Interest Groups that opposed this bill

$ Donated
Accident & health insurance$600,150
HMOs$266,422
Drug stores$193,100
Health care services$173,840
Life insurance$136,400
Chambers of commerce$62,400
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