Bill Text: CA AB1636 | 2011-2012 | Regular Session | Amended

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Bill Title: Health and wellness programs.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2012-08-16 - In committee: Held under submission. [AB1636 Detail]

Download: California-2011-AB1636-Amended.html

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BILL NUMBER: AB 1636	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 25, 2012
	AMENDED IN SENATE  JUNE 11, 2012

INTRODUCED BY   Assembly Member Monning

                        FEBRUARY 9, 2012

   An act to add Section 1348.10 to the Health and Safety Code,
relating to health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1636, as amended, Monning. Health and wellness programs.
   Existing law provides for the licensure and regulation of health
care service plans by the Department of Managed Health Care. Existing
law provides for the regulation of health insurers by the Department
of Insurance. The California Health Benefit Exchange is established
in state government to facilitate enrollment of qualified individuals
in qualified health plans. The State Department of Public Health is
authorized to perform specified activities relating to the
protection, preservation, and advancement of public health.
   This bill would require the Department of Managed Health Care, in
collaboration with the Department of Insurance, the California Health
Benefit Exchange, and the State Department of Public Health, to
convene a special committee consisting of specified members to review
and evaluate health and wellness incentive and rewards programs
offered by health care service plans, health insurers, and employers.
The bill would require the committee to evaluate these programs for
effectiveness based upon scientific evidence and to examine the
extent to which these programs may result in specified discrimination
 and would require the committee to discuss its findings in a
final report submitted to the Assembly and Senate Committees on
Health by March 30, 2014, as specified  . The bill would require
the committee to meet publicly and would require the first meeting
to be conducted no later than March 30, 2013.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1348.10 is added to the Health and Safety Code,
to read:
   1348.10.  (a) The Department of Managed Health Care, in
collaboration with the Department of Insurance, the California Health
Benefit Exchange, and the State Department of Public Health, shall
convene a special committee to review and evaluate health and
wellness incentive and rewards programs offered by health care
service plans, health insurers, and employers.
   (b) The committee shall focus on the study of programs that
provide incentives and rewards for enrollees, insureds, and employees
to become more engaged in their health care and make choices that
support health promotion and wellness, including worksite wellness
programs and programs that offer or require health risk appraisals,
screening services, smoking cessation, health premium reductions,
differential copayment or coinsurance amounts, and cash payments
related to health promotion activities.
   (c) The committee shall evaluate these programs for effectiveness
based upon scientific evidence. The committee shall examine the
extent to which these programs may result in discrimination based
upon income, age, gender, race, ethnicity, medical condition, genetic
information, claims experience, medical history, evidence of
insurability, or any other health status-related factor.
   (d) The committee shall meet publicly and engage experts and
stakeholders in its deliberations. The first meeting of the special
committee shall be conducted no later than March 30, 2013.
   (e) Members of the committee shall include, but shall not be
limited to, a bioethicist, a representative of the health care
coverage industry,  a chronic disease patient advocate,  a
physician and surgeon with expertise in managing patients with
chronic conditions, a representative of consumers from low-income
communities, a representative of consumers from communities of color,
a health researcher with expertise in the impact of premium and
cost-sharing on health care utilization, and  an employer
  two employers  with experience in operating a
nationally recognized worksite wellness program. 
   (f) The committee shall discuss its findings under this section in
a final report submitted to the Assembly and Senate Committees on
Health by March 30, 2014. This report shall also do both of the
following:  
   (1) Recommend ways California can encourage and promote worksite
wellness programs.  
   (2) Recommend whether California should allow for wellness
incentive rewards and penalties linked to premiums for group health
care coverage and, if so, identify policy considerations to prevent
discrimination based on health status.  
   (g) The requirement for submitting a report imposed under
subdivision (f) is inoperative on March 30, 2018, pursuant to Section
10231.5 of the Government Code.