Bill Text: CA SB10 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Health care coverage: immigration status.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Passed) 2016-06-10 - Chaptered by Secretary of State. Chapter 22, Statutes of 2016. [SB10 Detail]

Download: California-2015-SB10-Amended.html
BILL NUMBER: SB 10	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 28, 2016
	AMENDED IN ASSEMBLY  APRIL 13, 2016
	AMENDED IN ASSEMBLY  SEPTEMBER 9, 2015
	AMENDED IN ASSEMBLY  JULY 7, 2015
	AMENDED IN SENATE  JUNE 2, 2015

INTRODUCED BY   Senator Lara
    (   Coauthors:   Assembly Members 
 Bonta,   Roger Hernández,   Thurmond, 
 and Wood   ) 

                        DECEMBER 1, 2014

   An act to add Section 100522 to the Government Code, relating to
health care  coverage.   coverage, and declaring
the urgency thereof, to take effect immediately. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 10, as amended, Lara. Health care coverage: immigration status.

   Existing law, the federal Patient Protection and Affordable Care
Act (PPACA), requires each state to establish an American Health
Benefit Exchange that facilitates the purchase of qualified health
plans by qualified individuals and qualified small employers, and
meets certain other requirements. PPACA specifies that an individual
who is not a citizen or national of the United States or an alien
lawfully present in the United States shall not be treated as a
qualified individual and may not be covered under a qualified health
plan offered through an exchange. Existing law creates the California
Health Benefit Exchange  (the Exchange)  for the purpose of
facilitating the enrollment of qualified individuals and qualified
small employers in qualified health plans as required under PPACA.
   This bill would require the Secretary of California Health and
Human Services to apply to the United States Department of Health and
Human Services for a waiver to allow individuals who are not
eligible to obtain health coverage  through the Exchange 
because of their immigration status to obtain coverage from the
Exchange. The bill would require, after that waiver has been granted,
the Exchange to offer California qualified health benefit plans, as
specified, to these individuals. The bill would require that
individuals eligible to purchase California qualified health plans
pay the cost of coverage without federal assistance. 
   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.


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

  SECTION 1.  Section 100522 is added to the Government Code, to
read:
   100522.  (a) The Secretary of California Health and Human Services
shall apply to the United States Department of Health and Human
Services for a waiver authorized under Section 1332 of the federal
act as defined in subdivision (e) of Section 100501 in order to allow
persons otherwise not able to obtain coverage by reason of
immigration status through the Exchange to obtain coverage from the
Exchange by waiving the requirement that the Exchange offer only
qualified health plans solely for the purpose of offering coverage to
persons otherwise not able to obtain coverage by reason of
immigration status.
   (b) The Exchange shall offer California qualified health plans
that shall be subject to the requirements of this title, including
all of those requirements applicable to qualified health plans. In
addition, California qualified health plans shall be subject to the
requirements of Section 1366.6 of the Health and Safety Code and
Section 10112.3 of the Insurance Code in the same manner as qualified
health plans.
   (c) Persons eligible to purchase California qualified health plans
shall pay the cost of coverage without federal advanced premium tax
credit, federal cost-sharing reduction, or any other federal
assistance.
   (d) Subdivisions (b) and (c) shall become operative upon federal
approval of the waiver pursuant to subdivision (a).
   (e) For purposes of this section, a "California qualified health
plan" means a product offered to persons not otherwise eligible to
purchase coverage from the Exchange by reason of immigration status
and that comply with each of the requirements of state law and the
Exchange for a qualified health plan.
   SEC. 2.   This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to request federal approval of the waiver to expand
access to health care coverage in California as quickly as possible,
it is necessary that this act go into immediate effect. 
                                            
feedback