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  MAY 27, 2016
	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,  Chiu,  
Gonzalez,  Roger Hernández,  Santiago,  Thurmond, and
Wood)

                        DECEMBER 1, 2014

   An act to add Section 100522 to the Government Code, relating to
health care 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   Exchange  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,
  require the Exchange,  after that waiver has been
granted,  the Exchange  to  offer 
 require an issuer that offers a qualified health plan in the
individual market through the   Exchange to concurrently
offer a  California qualified health benefit  plans,
  plan,  as specified, to these individuals. 
The requirement to offer California qualified health plans would
become operative on January 1, 2018, for coverage effective for
California qualified health plans beginning January 1, 2019, as
specified.  The bill would require that individuals eligible to
purchase California qualified health plans pay the cost of coverage
without federal  assistance.   assistance and
meet other specified requirements. The bill would require that
information provided by an applicant for coverage under the bill
  be used only for the purposes of, and to the extent
necessary for, ensuring the efficient operation   of the
Exchange, including verifying the eligibility of an individual to
enroll through the Exchange, and would prohibit that information from
being disclosed to any other person except as provided by the bill.

   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 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)  (1)    The  Secretary of
California Health and Human Services   Exchange 
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. 
   (2) The waiver of the requirement that the Exchange offer only
qualified health plans as described in paragraph (1) shall be limited
to requiring the Exchange to offer California qualified health plans
consistent with this section only and shall not be construed to
authorize the Exchange to offer any other nonqualified health plan.

   (b) The Exchange shall  offer   require an
issuer that offers a qualified health plan in the individual market
through the Exchange to concurrently offer a  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.
  plan that meets all of the following criteria: 

   (1) Is subject to the requirements of this title, including all of
those requirements applicable to qualified health plans.  
   (2) Is subject to the requirements of subdivisions (a), (b), and
(d) of Section 1366.6 of the Health and Safety Code and subdivisions
(a), (b), and (d) of Section 10112.3 of the Insurance Code in the
same manner as qualified health plans.  
   (3) Is identical to the corresponding qualified health plan,
except for the eligibility requirements set forth in subdivision (c).
 
   (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.  
   (c) Persons eligible to purchase California qualified health plans
shall pay the cost of coverage and shall not:  
   (1) Be eligible to receive federal advanced premium tax credit,
federal cost-sharing reduction, or any other federal assistance for
the payment of premiums or cost sharing for a California qualified
health plan.  
   (2) Otherwise be eligible for enrollment in a qualified health
plan offered through the Exchange by reason of immigration status.
 
   (d) An applicant for coverage under this section shall be required
to provide only the information strictly necessary to authenticate
identity and determine eligibility under this section. Any person who
receives information provided by an applicant under this section,
whether directly or by another person at the request of the
applicant, or receives information from any agency, shall use the
information only for the purposes of, and to the extent necessary
for, ensuring the efficient operation of the Exchange, including
verifying the eligibility of an individual to enroll through the
Exchange. That information shall not be disclosed to any other person
except as provided in this section.  
   (d) 
    (e)  Subdivisions  (b) and (c)  
(b) to (d), inclusive,  shall become operative  on January
1, 2018, for coverage effective for California qualified health plans
beginning January 1, 2019, contingent  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.
        
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