Bill Text: CA SB630 | 2017-2018 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Crimes: hate crimes.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Engrossed - Dead) 2017-09-11 - September 11 set for first hearing canceled at the request of author. [SB630 Detail]
Download: California-2017-SB630-Introduced.html
Bill Title: Crimes: hate crimes.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Engrossed - Dead) 2017-09-11 - September 11 set for first hearing canceled at the request of author. [SB630 Detail]
Download: California-2017-SB630-Introduced.html
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Senate Bill | No. 630 |
| Introduced by Senator Skinner |
February 17, 2017 |
An act to amend Section 1399.826 of the Health and Safety Code, and to amend Section 10951 of the Insurance Code, relating to health care coverage.
LEGISLATIVE COUNSEL'S DIGEST
SB 630, as introduced, Skinner.
Health care coverage: child coverage.
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. Existing law imposes various requirements and prohibitions relating to child coverage on a plan or insurer that offers health care service plan contracts or health insurance policies in the individual market, such as prohibiting a plan or insurer from excluding or limiting coverage due to a preexisting condition of the child. Existing law provides that when a responsible party for a child submits a premium payment under a plan or policy and that payment is delivered or postmarked, whichever occurs earlier, within the first 15 days of the month, coverage under the plan
contract or policy shall become effective no later than the first day of the following month. Existing law provides that if the premium payment is delivered or postmarked after the 15th day of the month coverage shall become effective no later than the first day of the 2nd month following delivery or postmark of the payment.
This bill would instead determine the date of effective coverage based on whether or not the premium payment was delivered or postmarked by or after the 16th day of the month.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1399.826 of the Health and Safety Code is amended to read:1399.826.
(a) (1) During each open enrollment period, every health care service plan offering plan contracts in the individual market, other than individual grandfathered plan coverage, shall offer to the responsible party for a child coverage for the child that does not exclude or limit coverage due to any preexisting condition of the child.(b) A health care service plan offering coverage in the individual market shall not reject an application for a health care service plan contract from a child or filed on behalf of a child by the responsible party during an open enrollment period or from a late enrollee during a period no longer than 63 days from the qualifying event listed in subdivision (d) of Section 1399.825.
(c) Except to the extent permitted by federal law, rules, regulations, or guidance issued by the relevant federal agency, a health care service plan shall not condition the issuance or offering of individual coverage on any of the following factors:
(1) Health status.
(2) Medical condition, including physical and mental illnesses.
(3) Claims experience.
(4) Receipt of health care.
(5) Medical history.
(6) Genetic information.
(7) Evidence of insurability, including conditions arising out of acts of
domestic violence.
(8) Disability.
(9) Any other health status-related factor as determined by the department.
This subdivision shall not apply to a contract providing individual grandfathered plan coverage.
(d) When a responsible party for a child submits a premium payment, based on the quoted premium charges, and that payment is delivered or postmarked, whichever occurs earlier, within the first 15 16 days of the month, coverage under the plan contract shall become effective no
later than the first day of the following month. When that payment is neither delivered nor postmarked until after the 15th 16th day of the month, coverage shall become effective no later than the first day of the second month following delivery or postmark of the payment.
(e) A health care service plan offering coverage in the individual market shall not reject the request of a responsible party for a child to include that child as a dependent on an existing health care service plan contract that includes dependent coverage during an open enrollment period.
(f) Nothing in this article shall be construed to prohibit a health care service plan offering coverage in the individual market from
establishing rules for eligibility for coverage and offering coverage pursuant to those rules for children and individuals based on factors otherwise authorized under federal and state law for health plan contracts in addition to those offered on a guaranteed issue basis during an open enrollment period to children or late enrollees pursuant to this article. However, a health care service plan, other than a plan providing individual grandfathered plan coverage, shall not impose a preexisting condition provision on coverage, including dependent coverage, offered to a child.
(g) Nothing in this article shall be construed to require a plan to establish a new service area or to offer health coverage on a statewide basis, outside of the plan’s existing service area.
(h) Nothing in this article shall be construed to prevent a health care service plan from offering coverage to a family
member of an enrollee in grandfathered health plan coverage consistent with Section 1251 of PPACA.
SEC. 2.
Section 10951 of the Insurance Code is amended to read:10951.
(a) (1) During each open enrollment period, every carrier offering health benefit plans in the individual market, other than individual grandfathered plan coverage, shall offer to the responsible party for a child coverage for the child that does not exclude or limit coverage due to any preexisting condition of the child.(b) A carrier offering coverage in the individual market shall not reject an application for a health benefit plan from a child or filed on behalf of a child by the responsible party during an open enrollment period or from a late enrollee during a period no longer than 63 days from the qualifying event listed in subdivision (d) of Section 10950.
(c) Except to
the extent permitted by federal law, rules, regulations, or guidance issued by the relevant federal agency, a carrier shall not condition the issuance or offering of individual coverage on any of the following factors:
(1) Health status.
(2) Medical condition, including physical and mental illnesses.
(3) Claims experience.
(4) Receipt of health care.
(5) Medical history.
(6) Genetic information.
(7) Evidence of insurability, including conditions arising out of acts of domestic violence.
(8) Disability.
(9) Any other health status-related factor as determined by department.
This subdivision shall not apply to a health benefit plan providing individual grandfathered plan coverage.
(d) When a responsible party for a child submits a premium payment, based on the quoted premium charges, and that payment is delivered or postmarked, whichever occurs earlier, within the first 15 16 days of the month, coverage under the health benefit plan shall become effective no later than the first day of the following month. When that payment is neither delivered nor postmarked until after the 15th
16th day of the month, coverage shall become effective no later than the first day of the second month following delivery or postmark of the payment.
(e) A carrier offering coverage in the individual market shall not reject the request of a responsible party for a child to include that child as a dependent on an existing health benefit plan that includes dependent coverage during an open enrollment period.
(f) Nothing in this chapter shall be construed to prohibit a carrier offering coverage in the individual market from establishing rules for eligibility for coverage and offering coverage pursuant to those rules for children and individuals based on factors otherwise authorized under federal and state law for health benefit plans in addition to those offered on a guaranteed issue basis during an open enrollment period to children or late
enrollees pursuant to this chapter. However, a carrier, other than a carrier providing individual grandfathered plan coverage, shall not impose a preexisting condition provision on coverage, including dependent coverage, offered to a child.
(g) Nothing in this chapter shall be construed to require a carrier to establish a new service area or to offer health care coverage on a statewide basis, outside of the carrier’s existing service area.
(h) Nothing in this chapter shall be construed to prevent a carrier from offering coverage to a family member of an enrollee in grandfathered health plan coverage consistent with Section 1251 of PPACA.
