Bill Text: CA SB1046 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Insurance: mental illness: developmental disabilities: coverage: penalties.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2014-08-19 - In Senate. Consideration of Governor's veto pending. [SB1046 Detail]

Download: California-2013-SB1046-Introduced.html

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BILL NUMBER: SB 1046	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Beall

                        FEBRUARY 18, 2014

   An act to add Section 10144.53 to the Insurance Code, relating to
insurance.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1046, as introduced, Beall. Insurance: mental illness:
developmental disabilities: coverage: penalties.
   Existing law requires that health insurance policies provide
coverage for the diagnosis and medically necessary treatment of
severe mental illnesses of a person of any age and of serious
emotional disturbances of a child, under the same terms and
conditions applied to other medical conditions, as specified.
Existing law requires health insurance policies to provide benefits
for specified conditions, including coverage for behavioral health
treatment, as defined, for pervasive developmental disorder or
autism, as specified.
   This bill would give the Insurance Commissioner the authority to
assess administrative penalties for any violations of the above
provisions, including any rules or orders adopted or issued based on
violations of those provisions. The penalties would not exceed $2,500
for each violation, or for an ongoing and continuous violation, the
penalty would not exceed $2,500 per day for as long as the violation
continues.
   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 10144.53 is added to the Insurance Code, to
read:
   10144.53.  (a) In addition to any other remedy permitted by law,
the commissioner shall have the authority to assess administrative
penalties as specified in this section against insurers for
violations of Sections 10144.5 and 10144.51.
   (b) Any person who violates Section 10144.5 or 10144.51, or who
violates any rules or orders adopted or issued pursuant to this
chapter based on a violation of Section 10144.5 or 10144.51, shall be
liable for a penalty not to exceed two thousand five hundred dollars
($2,500) for each violation or, for a violation that is ongoing and
continuous, not to exceed two thousand five hundred dollars ($2,500)
for each day that the violation continues.
   (c) Each patient harmed by a violation of this chapter constitutes
a separate and distinct violation subject to the penalties set forth
in this section.
   (d) The remedies provided by this section and by other sections of
this code are not exclusive, and may be sought and employed in any
combination to enforce this chapter.