Bill Text: CA AB1432 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Health care coverage.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2024-01-30 - Consideration of Governor's veto stricken from file. [AB1432 Detail]

Download: California-2023-AB1432-Amended.html

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Amended  IN  Assembly  April 03, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1432

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Introduced by Assembly Member Wendy Carrillo

February 17, 2023

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An act to amend Section 1367.30 of the Health and Safety Code, and to amend Section 10112.5 of the Insurance Code Code, relating to health care coverage.

LEGISLATIVE COUNSEL'S DIGEST

AB 1432, as amended, Wendy Carrillo. Health insurance: policy. care coverage.

Existing law provides for the regulation of disability and health insurers by the Department of Insurance. Existing law provides that a policy or certificate of health insurance marketed, issued, or delivered to a California resident regardless of the situs of the contract or master group policyholder, is generally subject to California insurance law, except for a policy issued outside of California to an employer whose principal place of business and majority of employees are located outside of California.

Existing law requires a policy or certificate of group health insurance policy that is marketed, issued, or delivered to a California resident to provide equal coverage to domestic partners of an employee insured, or policyholder as is provided to spouses of those persons, regardless of the situs of the contract or master group policyholder. Existing law prohibits such a policy or certificate from discriminating in coverage between spouses or domestic partners of a different sex and spouses or domestic partners of the same sex.

Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans and makes a willful violation of its provisions a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. Existing law requires a health care service plan and a health insurance policy to provide group coverage to the registered domestic partner of an employee, subscriber, insured, or policyholder that is equal to the coverage it provides to the spouse of those persons. Existing law provides that every group health care service plan contract and every policy or certificate of health insurance that is marketed, issued, or delivered to a California resident, regardless of the situs of the contract, subscriber, or master group policyholder, is subject to the requirements to provide equal coverage to domestic partners as is provided to spouses, notwithstanding any other provision of law.

This bill additionally would subject a policy group health care service plan contract, policy, or certificate of group health insurance that is marketed, issued, or delivered to a California resident to any all provisions of the Health and Safety Code and Insurance Code requiring coverage of abortion, abortion-related services, and gender-affirming care, regardless of the situs of the contract contract, subscriber, or master group policyholder. Because a willful violation of these provisions 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.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 1367.30 of the Health and Safety Code is amended to read:

1367.30.

 Notwithstanding any other provision of law, every group health care service plan contract marketed, issued, or delivered to a resident of this state, regardless of the situs of the contract or the subscriber, shall be subject to Section 1374.58. both of the following:

(a) Section 1374.58.

(b) All provisions of this code requiring coverage of abortion, abortion-related services, and gender-affirming care.

SECTION 1.SEC. 2.

 Section 10112.5 of the Insurance Code is amended to read:

10112.5.

 (a) (1) Notwithstanding any other law, every policy or certificate of health insurance marketed, issued, or delivered to a resident of this state, regardless of the situs of the contract or master group policyholder, shall be subject to all provisions of this code.

(2) (A) Paragraph (1) shall not apply to a policy or certificate of health insurance that is issued outside of California to an employer whose principal place of business and majority of employees are located outside of California.

(B) Notwithstanding subparagraph (A), a policy or certificate of health insurance marketed, issued, or delivered to a resident of this state shall not discriminate in coverage between spouses or domestic partners of a different sex and spouses or domestic partners of the same sex.

(3) Subparagraph (A) of paragraph (2) shall not be construed to limit the applicability of any other provision of this code to any policy or certificate of health insurance that is issued outside of California to an employer whose principal place of business and majority of employees are located outside of California.

(b) Notwithstanding any other law, a policy or certificate of group health insurance marketed, issued, or delivered to a resident of this state, regardless of the situs of the contract or master group policyholder, shall be subject to both of the following:

(1) Section 10121.7.

(2) All provisions of this code requiring coverage of abortion, abortion-related services, and gender-affirming care.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.