AB 23 - CHAPTERED, Cal-COBRA: premium assistance.

[Maggie]

This bill has been gutted and changed from it's original form.

BILL NUMBER: AB 23 INTRODUCED
BILL TEXT

INTRODUCED BY Assembly Member Jones

DECEMBER 1, 2008

An act relating to health care coverage.

LEGISLATIVE COUNSEL'S DIGEST

AB 23, as introduced, Jones. Health care coverage.

Existing law does not provide a system of health care coverage for
all California residents. 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.

This bill would declare the intent of the Legislature to
accomplish the goal of universal health care coverage for all
California residents within 5 years, as specified.

Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.

[Maggie]

LAST HIST. ACT. DATE: 02/23/2009
LAST HIST. ACTION : From committee chair, with author's amendments: Amend,
and re-refer to Com. on HEALTH. Read second time and
amended.

---

BILL NUMBER: AB 23 AMENDED
BILL TEXT

AMENDED IN ASSEMBLY FEBRUARY 23, 2009

INTRODUCED BY Assembly Member Jones

DECEMBER 1, 2008

An act to amend Section 14011.16 of, to amend and repeal
Section 14005.25 of, and to repeal Section 14011.18 of, the Welfare
and Institutions Code, relating to Medi-Cal .

LEGISLATIVE COUNSEL'S DIGEST

AB 23, as amended, Jones. Medi-Cal: continuous eligibility.

Existing law establishes the Medi-Cal program, administered by the
State Department of Health Care Services, under which basic health
care services are provided to qualified low-income persons. The
Medi-Cal program is partially governed and funded under federal
Medicaid provisions.

Existing law, until January 1, 2012, requires the department,
subject to the availability of federal financial participation, to
exercise a federal option to expand continuous eligibility to
children 19 years of age and younger for 6 months, after which date
the continuous eligibility period shall be from the date of a
determination of eligibility to the earlier of either the end of a
12-month period following the eligibility determination or the date
the child exceeds 19 years of age.

This bill would eliminate the provisions limiting continuous
eligibility to 6 months, would make those provisions that become
operative on January 1, 2012, applicable commencing January 1, 2010,
and would make conforming changes.

Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.

[Maggie]

LAST HIST. ACT. DATE: 02/26/2009
LAST HIST. ACTION : Re-referred to Com. on HEALTH.
COMM. LOCATION : ASM HEALTH
HEARING DATE : 03/10/2009

[Maggie]

BILL NUMBER: AB 23 AMENDED
BILL TEXT

AMENDED IN ASSEMBLY MARCH 19, 2009
AMENDED IN ASSEMBLY FEBRUARY 23, 2009

INTRODUCED BY Assembly Members Jones and Fletcher

( Principal coauthor: Senator
Alquist )

DECEMBER 1, 2008

An act to
amend Sections 1366.20, 1366.21, 1366.22, 1366.24, and 1366.25 of
the Health and Safety Code, and to amend Sections 10128.50, 10128.51,
10128.52, 10128.54, and 10128.55 of the Insurance Code, relating to
health care coverage.

LEGISLATIVE COUNSEL'S DIGEST

AB 23, as amended, Jones.Cal-COBRA: premium assistance.

Existing federal law, the Consolidated Omnibus Budget
Reconciliation Act of 1985 (COBRA), requires group health plans
providing coverage to employers of 20 or more employees to provide
former employees with continuation of benefits, as specified.
Existing federal law, the American Recovery and Reinvestment Act of
2009, provides specified premium assistance under COBRA and state
programs that provide comparable continuation coverage for certain
assistance eligible individuals, as defined.

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 that act a crime. Existing law also provides for
regulation of health insurers by the Department of Insurance.
Existing law, the California Continuation Benefits Replacement Act
(Cal-COBRA), requires health care service plans and health insurers
providing group coverage to employers of 2 to 19 employees to offer
continuation of that coverage for a specified period of time to
persons who become ineligible for that coverage, as specified.

This bill would require health care service plans and health
insurers, among others, to provide notice of the availability of
premium assistance under the federal American Recovery and
Reinvestment Act of 2009 to individuals eligible for that assistance,
as specified, and would make other conforming changes to allow those
individuals to receive Cal-COBRA coverage with that premium
assistance. The bill would authorize the Director of Managed Health
Care and the Insurance Commissioner to adopt emergency regulations in
the event that any federal assistance is or becomes available to
persons eligible for Cal-COBRA.

Because a willful violation of these requirements 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.

Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes .

[Maggie]

LAST HIST. ACT. DATE: 03/19/2009
LAST HIST. ACTION : From committee chair, with author's amendments: Amend,
and re-refer to Com. on HEALTH. Read second time and
amended.
COMM. LOCATION : ASM HEALTH

[Maggie]

LAST HIST. ACT. DATE: 03/25/2009
LAST HIST. ACTION : From committee: Do pass, and re-refer to Com. on APPR.
Re-referred. (Ayes 19. Noes 0.) (March 24).
COMM. LOCATION : ASM APPROPRIATIONS
HEARING DATE : 04/01/2009

[Maggie]

BILL NUMBER: AB 23 AMENDED
BILL TEXT

AMENDED IN ASSEMBLY APRIL 2, 2009
AMENDED IN ASSEMBLY MARCH 19, 2009
AMENDED IN ASSEMBLY FEBRUARY 23, 2009

INTRODUCED BY Assembly Members Jones and Fletcher
(Principal coauthor: Senator Alquist)
( Coauthor: Assembly Member
Salas )

DECEMBER 1, 2008

An act to amend Sections 1366.20, 1366.21, 1366.22, and 1366.25 of the Health and Safety Code, and to
amend Sections 10128.50, 10128.51, 10128.52, and 10128.55 of the Insurance Code, relating to health care
coverage , and declaring the urgency thereof, to take effect
immediately .

LEGISLATIVE COUNSEL'S DIGEST

AB 23, as amended, Jones. Cal-COBRA: premium assistance.

Existing federal law, the Consolidated Omnibus Budget
Reconciliation Act of 1985 (COBRA), requires group health plans
providing coverage to employers of 20 or more employees to provide
former employees with continuation of benefits, as specified.
Existing federal law, the American Recovery and Reinvestment Act of
2009, provides specified premium assistance under COBRA and state
programs that provide comparable continuation coverage for certain
assistance eligible individuals, as defined.

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 that act a crime. Existing law also provides for
regulation of health insurers by the Department of Insurance.
Existing law, the California Continuation Benefits Replacement Act
(Cal-COBRA), requires health care service plans and health insurers
providing group coverage to employers of 2 to 19 employees to offer
continuation of that coverage for a specified period of time to
certain qualified beneficiaries , as specified.

This bill would require health care service plans and health
insurers to provide notice of the
availability of premium assistance under the federal American
Recovery and Reinvestment Act of 2009 to qualified beneficiaries who may be eligible for that assistance, as specified, and would require the
notice to include certain information and to be sent within specified
periods of time. The bill would allow a qualified beneficiary
eligible for the federal premium assistance to elect Cal-COBRA
coverage within a certain period of time and would allow individuals
enrolled in Cal-COBRA coverage as of February 17, 2009, to request
application of the federal premium assistance, as specified .
The bill would authorize the Director of the Department of
Managed Health Care and the Insurance Commissioner to adopt
emergency regulations in the event that any federal assistance is or
becomes available to persons eligible for Cal-COBRA , as
specified .

Because a willful violation of these requirements 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.

This bill would declare that it is to take effect immediately
as an urgency statute.

Vote: 2/3 . Appropriation:
no. Fiscal committee: yes. State-mandated local program: yes.

[Maggie]

LAST HIST. ACT. DATE: 04/02/2009
LAST HIST. ACTION : In Senate. Read first time. To Com. on RLS. for
assignment.
FILE : ASM SECOND READING
FILE DATE : 04/02/2009
ITEM : 16

COMM. LOCATION : ASM APPROPRIATIONS
COMM. ACTION DATE : 04/01/2009
COMM. ACTION : Do pass as amended.
COMM. VOTE SUMMARY : Ayes: 16 Noes: 00 PASS

[Maggie]

LAST HIST. ACT. DATE: 04/02/2009
LAST HIST. ACTION : In Senate. Read first time. To Com. on RLS. for
assignment.
COMM. LOCATION : SEN HEALTH
HEARING DATE : 04/15/2009

[Maggie]

LAST HIST. ACT. DATE: 04/16/2009
LAST HIST. ACTION : From committee: Do pass, and re-refer to Com. on APPR.
Re-referred. (Ayes 11. Noes 0.) (April 15).
COMM. LOCATION : SEN APPROPRIATIONS
HEARING DATE : 04/27/2009

[Maggie]

BILL NUMBER: AB 23 AMENDED
BILL TEXT

AMENDED IN SENATE APRIL 23, 2009
AMENDED IN ASSEMBLY APRIL 2, 2009
AMENDED IN ASSEMBLY MARCH 19, 2009
AMENDED IN ASSEMBLY FEBRUARY 23, 2009

INTRODUCED BY Assembly Members Jones and Fletcher
(Principal coauthor: Senator Alquist)
(Coauthor: Assembly Member Salas)
( Coauthor: Senator
Maldonado )

DECEMBER 1, 2008

An act to amend Sections 1366.20, 1366.21, 1366.22, and 1366.25 of
the Health and Safety Code, and to amend Sections 10128.50,
10128.51, 10128.52, and 10128.55 of the Insurance Code, relating to
health care coverage, and declaring the urgency thereof, to take
effect immediately.

LEGISLATIVE COUNSEL'S DIGEST

AB 23, as amended, Jones. Cal-COBRA: premium assistance.

Existing federal law, the Consolidated Omnibus Budget
Reconciliation Act of 1985 (COBRA), requires group health plans
providing coverage to employers of 20 or more employees to provide
former employees with continuation of benefits, as specified.
Existing federal law, the American Recovery and Reinvestment Act of
2009, provides specified premium assistance under COBRA and state
programs that provide comparable continuation coverage for certain
assistance eligible individuals, as defined.


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 that act a crime. Existing law also provides for
regulation of health insurers by the Department of Insurance.
Existing law, the California Continuation Benefits Replacement Act
(Cal-COBRA), requires health care service plans and health insurers
providing group coverage to employers of 2 to 19 employees to offer
continuation of that coverage for a specified period of time to
certain qualified beneficiaries, as specified.

This bill would require health care service plans and health
insurers to provide notice of the availability of premium assistance
under the federal American Recovery and Reinvestment Act of 2009 to
qualified beneficiaries who may be eligible for that assistance, as
specified, and would require the notice to include certain
information and to be sent within specified periods of time. The bill
would allow a qualified beneficiary eligible for the federal premium
assistance to elect Cal-COBRA coverage within a certain period of
time and would allow individuals enrolled in Cal-COBRA coverage as of
February 17, 2009, to request application of the federal premium
assistance, as specified. The bill would authorize the Director of
the Department of Managed Health Care and the Insurance Commissioner
to adopt emergency regulations in the event that any federal
assistance is or becomes available to persons eligible for Cal-COBRA,
as specified. The bill would enact other related provisions.

Because a willful violation of these requirements by a health
care service plan 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.

This bill would declare that it is to take effect immediately as
an urgency statute.

Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.

[Maggie]

LAST HIST. ACT. DATE: 04/28/2009
LAST HIST. ACTION : Read second time. To third reading.
FILE : SEN THIRD READING
FILE DATE : 04/30/2009
ITEM : 58

[Maggie]

BILL NUMBER: AB 23 AMENDED
BILL TEXT

AMENDED IN SENATE MAY 4, 2009
AMENDED IN SENATE APRIL 23, 2009
AMENDED IN ASSEMBLY APRIL 2, 2009
AMENDED IN ASSEMBLY MARCH 19, 2009
AMENDED IN ASSEMBLY FEBRUARY 23, 2009

INTRODUCED BY Assembly Members Jones and Fletcher
(Principal coauthor: Senator Alquist)
(Coauthor: Assembly Member Salas)
(Coauthor: Senator Maldonado)

DECEMBER 1, 2008

An act to amend Sections 1366.20, 1366.21, 1366.22, and 1366.25 of
the Health and Safety Code, and to amend Sections 10128.50,
10128.51, 10128.52, and 10128.55 of the Insurance Code, relating to
health care coverage, and declaring the urgency thereof, to take
effect immediately.

LEGISLATIVE COUNSEL'S DIGEST

AB 23, as amended, Jones. Cal-COBRA: premium assistance.

Existing federal law, the Consolidated Omnibus Budget
Reconciliation Act of 1985 (COBRA), requires group health plans
providing coverage to employers of 20 or more employees to provide
former employees with continuation of benefits, as specified.
Existing federal law, the American Recovery and Reinvestment Act of
2009, provides specified premium assistance under COBRA and state
programs that provide comparable continuation coverage for certain
assistance eligible individuals, as defined.

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 that act a crime. Existing law also provides for
regulation of health insurers by the Department of Insurance.
Existing law, the California Continuation Benefits Replacement Act
(Cal-COBRA), requires health care service plans and health insurers
providing group coverage to employers of 2 to 19 employees to offer
continuation of that coverage for a specified period of time to
certain qualified beneficiaries, as specified.

This bill would require health care service plans and health
insurers to provide notice of the availability of premium assistance
under the federal American Recovery and Reinvestment Act of 2009 to
qualified beneficiaries who may be eligible for that assistance, as
specified, and would require the notice to include certain
information and to be sent within specified periods of time. The bill
would allow a qualified beneficiary eligible for the federal premium
assistance to elect Cal-COBRA coverage within a certain period of
time and would allow individuals enrolled in Cal-COBRA coverage as of
February 17, 2009, to request application of the federal premium
assistance, as specified. The bill would authorize the Director of
the Department of Managed Health Care and the Insurance Commissioner
to adopt emergency regulations in the event that any federal
assistance is or becomes available to persons eligible for Cal-COBRA,
as specified. The bill would enact other related provisions.

Because a willful violation of these requirements by a health care
service plan 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.

This bill would declare that it is to take effect immediately as
an urgency statute.

Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.

[Maggie]

LAST HIST. ACT. DATE: 05/04/2009
LAST HIST. ACTION : Read third time, amended. To second reading.
FILE : SEN SECOND READING
FILE DATE : 05/05/2009

[Maggie]

LAST HIST. ACT. DATE: 05/06/2009
LAST HIST. ACTION : In Assembly. Concurrence in Senate amendments pending.
FILE : ASM CONCURRENCE
FILE DATE : 05/07/2009
ITEM : 31

[Maggie]

BILL NUMBER: AB 23 CHAPTERED
BILL TEXT

CHAPTER 3
FILED WITH SECRETARY OF STATE MAY 12, 2009
APPROVED BY GOVERNOR MAY 12, 2009
PASSED THE SENATE MAY 6, 2009
PASSED THE ASSEMBLY MAY 11, 2009
AMENDED IN SENATE MAY 4, 2009
AMENDED IN SENATE APRIL 23, 2009
AMENDED IN ASSEMBLY APRIL 2, 2009
AMENDED IN ASSEMBLY MARCH 19, 2009
AMENDED IN ASSEMBLY FEBRUARY 23, 2009

INTRODUCED BY Assembly Members Jones and Fletcher
(Principal coauthor: Senator Alquist)
(Coauthor: Assembly Member Salas)
(Coauthor: Senator Maldonado)

DECEMBER 1, 2008

An act to amend Sections 1366.20, 1366.21, 1366.22, and 1366.25 of
the Health and Safety Code, and to amend Sections 10128.50,
10128.51, 10128.52, and 10128.55 of the Insurance Code, relating to
health care coverage, and declaring the urgency thereof, to take
effect immediately.

LEGISLATIVE COUNSEL'S DIGEST

AB 23, Jones. Cal-COBRA: premium assistance.

Existing federal law, the Consolidated Omnibus Budget
Reconciliation Act of 1985 (COBRA), requires group health plans
providing coverage to employers of 20 or more employees to provide
former employees with continuation of benefits, as specified.
Existing federal law, the American Recovery and Reinvestment Act of
2009, provides specified premium assistance under COBRA and state
programs that provide comparable continuation coverage for certain
assistance eligible individuals, as defined.

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 that act a crime. Existing law also provides for
regulation of health insurers by the Department of Insurance.
Existing law, the California Continuation Benefits Replacement Act
(Cal-COBRA), requires health care service plans and health insurers
providing group coverage to employers of 2 to 19 employees to offer
continuation of that coverage for a specified period of time to
certain qualified beneficiaries, as specified.

This bill would require health care service plans and health
insurers to provide notice of the availability of premium assistance
under the federal American Recovery and Reinvestment Act of 2009 to
qualified beneficiaries who may be eligible for that assistance, as
specified, and would require the notice to include certain
information and to be sent within specified periods of time. The bill
would allow a qualified beneficiary eligible for the federal premium
assistance to elect Cal-COBRA coverage within a certain period of
time and would allow individuals enrolled in Cal-COBRA coverage as of
February 17, 2009, to request application of the federal premium
assistance, as specified. The bill would authorize the Director of
the Department of Managed Health Care and the Insurance Commissioner
to adopt emergency regulations in the event that any federal
assistance is or becomes available to persons eligible for Cal-COBRA,
as specified. The bill would enact other related provisions.

Because a willful violation of these requirements by a health care
service plan 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.

This bill would declare that it is to take effect immediately as
an urgency statute.