CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2556

Introduced by Assembly Member Jackson

February 14, 2024

An act to add Section 1368.017 to the Health and Safety Code, and to add Section 10123.1991 to the Insurance Code, relating to health care coverage.


LEGISLATIVE COUNSEL'S DIGEST


AB 2556, as introduced, Jackson. Behavioral health and wellness screenings: notice.
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 the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance.
This bill would require a health care service plan or insurer to provide to each legal guardian of a patient, enrollee, or insured, 10 to 18 years of age, a written or electronic notice regarding the benefits of a behavioral health and wellness screening, as defined. The bill would require a health care service plan or insurer to provide the notice at least once every 2 years in the preferred method of the legal guardian. Because a violation of the bill’s requirements relative to a health care service plan would be crimes, 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   Local Program: YES  

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


SECTION 1.

 Section 1368.017 is added to the Health and Safety Code, to read:

1368.017.
 (a) (1) A health care service plan shall provide to each legal guardian of an enrollee, 10 to 18 years of age, a written or electronic notice regarding the benefits of a behavioral health and wellness screening.
(2) “Behavioral health and wellness screening” means a screening, test, or assessment to identify indicators or symptoms of behavioral health issues in an individual, including, but not limited to, depression or anxiety.
(b) A health care service plan shall provide notice in the preferred method of the legal guardian, including, but not limited to, a hard copy sent by mail or given in person at a visit, or by an electronic transmission including, but not limited to, text message or email.
(c) The notice shall provide information regarding the benefits of behavioral health and wellness screenings for both depression and anxiety.
(d) A health care service plan shall provide notice pursuant to this section at least once every two years.

SEC. 2.

 Section 10123.1991 is added to the Insurance Code, to read:

10123.1991.
 (a) (1) An insurer shall provide to each legal guardian of an insured, 10 to 18 years of age, a written or electronic notice regarding the benefits of a behavioral health and wellness screening.
(2) “Behavioral health and wellness screening” means a screening, test, or assessment to identify indicators or symptoms of behavioral health issues in an individual, including, but not limited to, depression or anxiety.
(b) An insurer shall provide notice in the preferred method of the legal guardian, including, but not limited to, a hard copy sent by mail or given in person at a visit, or by an electronic transmission including, but not limited to, text message or email.
(c) The notice shall provide information regarding the benefits of behavioral health and wellness screenings for both depression and anxiety.
(d) An insurer shall provide notice pursuant to this section at least once every two years.

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.