Bill Text: CA SB487 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Abortion: provider protections.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Passed) 2023-09-27 - Chaptered by Secretary of State. Chapter 261, Statutes of 2023. [SB487 Detail]
Download: California-2023-SB487-Amended.html
NOYES
Local Program:
NOYES
Section 123467.5 of the Health and Safety Code is amended to read:The (a) Except as provided in subdivision (b), department shall automatically suspend, as a provider in the Medi-Cal program, any individual who, or any entity that, has a license, certificate, or other approval to provide health care, which is revoked or suspended by a federal, California, or another state’s licensing, certification, or approval authority, has otherwise lost that license, certificate, or approval, or has surrendered that license, certificate, or approval while a disciplinary hearing on that license, certificate, or approval was pending. The automatic suspension shall be
effective on the date that the license, certificate, or approval was revoked, lost, or surrendered.
Bill Title: Abortion: provider protections.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Passed) 2023-09-27 - Chaptered by Secretary of State. Chapter 261, Statutes of 2023. [SB487 Detail]
Download: California-2023-SB487-Amended.html
|
Amended
IN
Senate
March 20, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 487
| Introduced by Senator Atkins |
February 14, 2023 |
An act to amend Section 123467.5 of of, and to add Section 1375.61 to, the Health and Safety Code, to add Section 10133.641 to the Insurance Code, and to amend Section 14043.6 of the Welfare and Institutions Code, relating to abortion.
LEGISLATIVE COUNSEL'S DIGEST
SB 487, as amended, Atkins.
Abortion: civil actions. provider protections.
Existing law declares another state’s law authorizing a civil action against a person or entity that receives or seeks, performs or induces, or aids or abets the performance of an abortion, or who attempts or intends to engage in those actions, to be contrary to the public policy of this state, and prohibits the application of that law to a controversy in state court and the enforcement or satisfaction of a civil judgment received under that law.
This bill would specifically include within these provisions, in addition to abortion performers, abortion providers.
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 also provides for the regulation of health insurers by the Department of Insurance.
The bill would also prohibit a contract issued, amended, or renewed on or after January 1, 2024, between a health care service plan or health insurer and a health care services provider from containing any term that would result in termination or nonrenewal of the contract or otherwise penalize the provider based on a civil judgment, criminal conviction, or another disciplinary action in another state if the judgment, conviction, or disciplinary action is solely based on the application of another state’s law that interferes with a person’s right to receive care that would be lawful if provided in California. The bill would also prohibit a health care service plan or health insurer from
discriminating against a licensed provider solely on the basis of a civil judgment, criminal conviction, or another disciplinary action in another state if the judgment, conviction, or disciplinary action is solely based on the application of another state’s law that interferes with a person’s right to receive care that would be lawful if provided in California. Because a willful violation of these provisions by a health care service plan would be a crime, the bill would impose a state-mandated local program.
Existing law requires that the State Department of Public Health automatically suspend as a Medi-Cal provider any individual or entity that has a license, certificate, or other approval to provide health care that is revoked or suspended by a federal, California, or another state’s licensing, certification, or approval authority, has otherwise lost that license, certificate, or approval, or has surrendered that license, certificate, or approval while a
disciplinary hearing was pending.
The bill would also require that the department not suspend an individual or entity as a provider in the Medi-Cal program if the revocation, suspension, or loss of the individual or entity’s license, certification, or approval authority in another state or the pending disciplinary hearing during which the individual or entity surrendered the license, certification, or approval authority in another state is based solely on conduct that is not prohibited in California.
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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1375.61 is added to the Health and Safety Code, to read:1375.61.
(a) A contract issued, amended, or renewed on or after January 1, 2024, between a health care service plan and a provider of health care services shall not contain any term that would result in termination or nonrenewal of the contract or otherwise penalize the provider, based solely on a civil judgment issued in another state, a criminal conviction in another state, or another disciplinary action in another state, if the judgment, conviction, or disciplinary action is based solely on the application of another state’s law that interferes with a person’s right to receive care that would be lawful if provided in this state.(b) A health care service plan shall not discriminate, with respect to the provision of, or contracts for, professional
services, against a licensed provider solely on the basis of a civil judgment issued in another state, a criminal conviction in another state, or another disciplinary action in another state if the judgment, conviction, or disciplinary action is based solely on the application of another state’s law that interferes with a person’s right to receive care that would be lawful if provided in this state.
(c) The provisions of this section shall not apply to a civil judgment issued in another state, a criminal conviction in another state, or another disciplinary action in another state for which a similar claim, charge, or action would exist against the provider under the laws of this state.
SECTION 1.SEC. 2.
Section 123467.5 of the Health and Safety Code is amended to read:123467.5.
(a) A law of another state that authorizes a person to bring a civil action against a person or entity that does any of the following is contrary to the public policy of this state:(1) Receives or seeks an abortion.
(2) Performs, provides, or induces an abortion.
(3) Knowingly engages in conduct that aids or abets the
performance, provision, or inducement of an abortion.
(4) Attempts or intends to engage in the conduct described in paragraphs (1) to (3), inclusive.
(b) The state shall not do either of the following:
(1) Apply a law described in subdivision (a) to a case or controversy heard in state court.
(2) Enforce or satisfy a civil judgment received through an adjudication under a law described in subdivision (a).
(c) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or
applications that can be given effect without the invalid provision or application.
SEC. 3.
Section 10133.641 is added to the Insurance Code, to read:10133.641.
(a) A contract issued, amended, or renewed on or after January 1, 2024, between a health insurer and a provider of health care services shall not contain any term that would result in termination or nonrenewal of the contract or otherwise penalize the provider, based solely on a civil judgment issued in another state, a criminal conviction in another state, or another disciplinary action in another state, if the judgment, conviction, or disciplinary action is based solely on the application of another state’s law that interferes with a person’s right to receive care that would be lawful if provided this state.(b) A health insurer shall not discriminate, with respect to the provision of, or contracts for, professional services, against a
licensed provider solely on the basis of a civil judgment issued in another state, a criminal conviction in another state, or another disciplinary action in another state if the judgment, conviction, or disciplinary action is based solely on the application of another state’s law that interferes with a person’s right to receive care that would be lawful if provided this state.
(c) The provisions of this section shall not apply to a civil judgment issued in another state, a criminal conviction in another state, or another disciplinary action in another state for which a similar claim, charge, or action would exist against the provider under the laws of this state.
SEC. 4.
Section 14043.6 of the Welfare and Institutions Code is amended to read:14043.6.
(b) The department shall not suspend an individual or entity as a provider in the Medi-Cal program pursuant to subdivision (a) if the revocation, suspension, or loss of the individual or entity’s license, certification, or approval authority in another state or the pending disciplinary hearing during which the individual or entity surrendered the license, certification, or approval authority in another state is based solely on conduct that is not prohibited in California.
