Bill Text: CA AB2299 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Developmental services: health insurance copayments, coinsurance, and deductibles.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2014-08-14 - In committee: Held under submission. [AB2299 Detail]

Download: California-2013-AB2299-Amended.html
BILL NUMBER: AB 2299	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 6, 2014
	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Nazarian

                        FEBRUARY 21, 2014

   An act to amend Section 4659.1 of the Welfare and Institutions
Code, relating to developmental services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2299, as amended, Nazarian. Developmental services: health
insurance copayments.
   The Lanterman Developmental Disabilities Services Act authorizes
the State Department of Developmental Services to contract with
regional centers to provide services and supports to individuals with
developmental disabilities. Under existing law, the regional centers
purchase needed services for individuals with developmental
disabilities through approved service providers or arrange for their
provision through other publicly funded agencies. The services and
supports to be provided to a regional center consumer are contained
in an individual program plan or individualized family service plan,
developed in accordance with prescribed requirements. Existing law
authorizes a regional center to pay any applicable copayment or
coinsurance for a service or support required by a consumer's
individual program plan if the service is paid for by the health care
service plan or health insurance policy of the consumer or his or
her parent, guardian, or caregiver and, among other conditions, the
family or the consumer, as applicable, has an annual gross income
that does not exceed 400% of the federal poverty level. Existing law
prohibits a regional center from paying health care service plan or
health insurance policy deductibles.
   This bill would delete  that   the 
prohibition against payment of deductibles and would require a
regional center, without regard to the family's or consumer's annual
gross income, to pay any applicable copayment, coinsurance, or
deductible for a service or support required by a consumer's
individual program plan if the support or service is paid for by the
health care service plan or health insurance policy of the consumer
or his or her parent, guardian, or caregiver.
   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 4659.1 of the Welfare and Institutions Code is
amended to read:
   4659.1.  (a) If a service or support provided pursuant to a
consumer's individual program plan under this division or
individualized family service plan pursuant to the California Early
Intervention Services Act (Title 14 (commencing with Section 95000)
of the Government Code) is paid for, in whole or in part, by the
health care service plan or health insurance policy of the consumer
or the consumer's parent, guardian, or caregiver, the regional center
shall pay any applicable copayment, coinsurance, or deductible
associated with the service or support for which the consumer or the
parent, guardian, or caregiver is responsible if both of the
following conditions are met:
   (1) The consumer is covered by his or her own health care service
plan or health insurance policy, or that of his or her parent,
guardian, or caregiver.
   (2) There is no other third party having liability for the cost of
the service or support, as provided in subdivision (a) of Section
4659 and Article 2.6 (commencing with Section 4659.10).
   (b) Notwithstanding subdivision (a), if the cost of a copayment,
coinsurance, or deductible payment associated with a service or
support is more than the cost of directly  providing
  purchasing  the service or support, a regional
center may directly  provide   purchase 
the service or support in lieu of paying the copayment, coinsurance,
or deductible payment.
   (c) This section shall not be implemented in a manner that is
inconsistent with the requirements of Part C of the federal
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1431 et
seq.).

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