Insurance

Automobile Insurance
Health Insurance
Miscellaneous

Note: * Denotes Urgency or Tax Levy Legislation.

Automobile Insurance

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SB 719 (Vargas-D) Insurance: vehicles: motor carrier of property

Authorizes the Director of the Department of Motor Vehicles to initiate a rulemaking process, upon making a finding that the minimum coverage requirements are insufficient, to alter, by regulation, the required coverage amounts to better reflect market conditions, costs, and operational risks. Authorizes the Director to alter the minimum coverage requirements for motor carriers based on the time, place, and manner of their operations, including a motor carrier's operations while operating off of a public highway if that operation is being conducted pursuant to its motor carrier permit.
(Died in Senate Transportation and Housing Committee)

SB 1460 (Yee-D) Auto insurance: repair replacement

Repeals and recasts statutory provisions for an automobile insurer's authorization of nonoriginal equipment manufacturer (non-OEM) aftermarket crash parts used to repair an insured's vehicle. Authorizes, in an automotive insurance policy, the inclusion of terms specifying that the insurer may use non-OEM aftermarket crash parts to repair the insured's vehicle. Provides a presumption that certified new non-OEM parts used to repair the insured's damaged vehicle are sufficient to return the vehicle to its preloss condition. Requires the supplier of a certified new non-OEM crash part to provide a written consumer warranty and a 60-day service guarantee to the auto body repair shop.
(Died in Senate Judiciary Committee)

AB 1063 (Bradford-D) Automobile insurance: underinsured motorist coverage

Expands the scope of underinsured motorist coverage by repealing certain statutory limitations on the scope of coverage. Redefines "underinsured motor vehicle" as an insured vehicle which has liability limits, or coverage available, less than the damages suffered by the injured person or persons. Repeals the statutory "setoff" language that entitled the underinsured motorist insurer to obtain reimbursement or apply a reduction of the amount it owes to the extent of the amount received by the insured from the owner or operator of the underinsured vehicle.
(Died in Assembly Insurance Committee)

AB 1708 (Gatto-D) Auto insurance: electronic verification

Clarifies existing law to allow motorists to present proof of insurance electronically to law enforcement agents upon request. Authorizes auto insurance companies to provide, upon request of a policyholder, an electronic version of the proof of insurance card required by law.
Chapter 236, Statutes of 2012

AB 2298 (Solorio-D) Auto insurance: public safety employees: accidents

Prohibits an insurer from increasing auto insurance premiums for a peace officer, member of the California Highway Patrol or firefighter if that individual was involved in an accident while operating his/her private motor vehicle while in the performance of his/her duty, and provides that the employer will assume all liability that results from such an accident.
Chapter 823, Statutes of 2012

AB 2589 (Bradford-D) Automobile insurance: underinsured motorist coverage

Requires the California Research Bureau (CRB) to conduct a survey relating to underinsured motorist insurance coverage (UIM) and report its findings to the Legislature. Requires the CRB to survey other states and compare the key elements of those states UIM laws with California law. Requires the CRB to report its findings to the Legislature by 12/31/13. Requires the CRB to include in its report to the Legislature a discussion concerning the extent of disclosure to California consumers about the operation of California's UIM as compared to disclosures required by other states.
(Died in Senate Rules Committee)

AB 2652 (Furutani-D) Financial responsibility: vehicles

Extends the period to submit evidence of financial responsibility or establish that the vehicle is not being operated from 45 days to 60 days.
(Died in Assembly Transportation Committee)

Health Insurance

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SB 155 (Evans-D) Health insurance: maternity services

Requires policies in the individual and group health insurance markets to provide coverage for maternity services. Creates a mandate on insurers and not health plans, as health plans must cover maternity benefits under current law.
(Died in Assembly Appropriations Committee)

SB 166 (Steinberg-D) Health care coverage: autism spectrum disorders

Requires health care service plans licensed by the Department of Managed Health Care and health insurers licensed by the Department of Insurance to provide coverage for behavioral intervention therapy for autism.
(Died in Senate Health Committee)

SB 253 (Alquist-D) Health care coverage: acquired brain injuries

Provides that health care service plan contracts and health insurance policies may not deny coverage for medically necessary treatment of acquired brain injuries at any of various facilities that are properly licensed and accredited, as specified. Prohibits denial of coverage because the treating facility is not in or near the home of the enrollee or insured.
(Died in Senate Health Committee)

SB 255 (Pavley-D) Health care coverage: breast cancer

For purposes of insurance coverage of mastectomy procedures, revises the definition of mastectomy to specify that the partial removal of a breast includes lumpectomy, which includes surgical removal of a tumor with clear margins. Allows the length of a hospital stay associated with mastectomy procedures to be determined postsurgery, consistent with sound clinical principles and processes.
Chapter 449, Statutes of 2012

SB 359 (Hernandez-D) Health care service plans: hospitals

Authorizes health care service plans to adjust payment to specified hospitals for prestabilization emergency services and care when a hospital exceeds an out-of-network emergency utilization rate of 50% or greater.
Vetoed

SB 485 (Hernandez-D) Health Insurance Portability and Accountability Act

Extends the sunset of the Health Insurance Portability and Accountability Act to 2014, renames the Office of Health Insurance Portability and Accountability Act Implementation as the Office of Health Information Integrity, deletes a redundant code section, and changes the meeting schedule for an existing advisory committee.
(Died in Senate Appropriations Committee)

SB 615 (Calderon-D) Health care service plans: accident and health agents

Requires, on and after 1/1/13, solicitors and solicitor firms, and principal persons engaged in the supervision of solicitation for health care service plan contracts to complete specified training. Requires the Insurance Commissioner's curriculum board to make recommendations to the Commissioner to instruct accident and health agents about the requirements imposed by the federal Affordable Care Act.
Chapter 266, Statutes of 2012

SB 690 (Hernandez-D) Health care coverage: discrimination

Prohibits, beginning 1/1/14, health care service plans and health insurers from discriminating against a provider who is acting within the scope of that provider's license or certification.
(Died in Assembly Appropriations Committee)

SB 703 (Hernandez-D) Health care coverage: Basic Health Program

Implements the Basic Health Program state option contained in the federal health care reform law, to provide health care coverage to individuals under 200% of poverty who do not qualify for Medi-Cal.
(Died in Assembly Appropriations Committee)

SB 770 (Steinberg-D) Health care coverage: mental illness

Requires health care service plans and health insurers to maintain an adequate network of qualified autism service providers (QASP), and defines this term to include unlicensed providers that are supervised by licensed providers. Does not require benefits that exceed the essential health benefits to be defined by the federal Health and Human Services Agency pursuant to the federal Patient Protection and Affordable Care Act. States the bill is not to be construed as reducing any obligation to provide services to an individual through current programs, including regional centers, community mental health programs, early intervention programs, and schools. Defines behavioral health treatment as evidence-based treatment prescribed by a licensed physician and surgeon and provided by a QASP.
(Died in Assembly Appropriations Committee)

SB 810 (Leno-D) Single-payer health care coverage

Creates the California Healthcare System (CHS), a single-payer health care system, administered by the California Healthcare Agency (CHA), to provide health insurance coverage to all California residents. Provides that the CHS and CHA becomes operative when the Secretary of the Health and Human Services Agency determines that sufficient revenues are available to implement the bill's provisions, or the Secretary obtains a specified federal waiver, whichever is later.
(Died on Senate Floor)

SB 951 (Hernandez-D) Health care coverage: essential health benefits

Establishes in the Insurance Code the Kaiser Foundation Health Plan Small Group Health Maintenance Organization 30 plan contract as California's Essential Health Benefits (EHB) benchmark plan. Requires an individual or small group health insurance policy issued, amended, or renewed on or after 1/1/14, to, at a minimum, include coverage for EHBs, as specified.
Chapter 866, Statutes of 2012

SB 961 (Hernandez-D) Individual health care coverage

Reforms California's health insurance market for individual purchasers and implements provisions of the Patient Protection and Affordable Care Act prohibiting preexisting condition exclusions, requiring guaranteed issuance of products, establishing statewide open and special enrollment periods, and limiting premium rating factors to age, geography, and family size.
Vetoed

SB 1008 (Senate Budget And Fiscal Review Committee) Medicare and Medicaid services

Enacts a 2012-13 Health Budget Trailer Bill which, among other provisions, expands from four to eight, the number of counties in which dual-demonstration sites may be established to enroll dual beneficiaries, who are eligible for both Medicare and Medicaid services, to receive a continuum of services that maximizes coordination of benefits between Medicare and Medicaid programs.
Chapter 33, Statutes of 2012

SB 1164 (Emmerson-R) Health care providers: health insurance

Extends the sunset date from 1/1/13 to 1/1/16 of limited liability immunity for professional liability insurers issuing non-renewal notice statements, which specify the reason for the nonrenewal, sent to a healthcare provider policyholder.
Chapter 131, Statutes of 2012

SB 1195 (Price-D) Health plans: audits of pharmacy benefits

Requires a contract that is issued, amended, or renewed on or after 1/1/13, between a pharmacy and a carrier or a pharmacy benefit manager, to provide pharmacy services to beneficiaries of a health benefit plan to comply with standards and audit requirements as specified in this bill.
Chapter 706, Statutes of 2012

SB 1196 (Hernandez-D) Health care services: claims data disclosure

Prohibits a contract in existence or issued, amended, or renewed on or after 1/1/13, between a health care service plan (health plan), or health insurer, and a provider or supplier, from prohibiting, conditioning, or in any way restricting the disclosure of claims data related to health care services provided to an enrollee or subscriber of the health plan or carrier, or beneficiaries of any self-funded health coverage arrangement administered by the carrier to a qualified entity, as defined.
Chapter 869, Statutes of 2012

SB 1313 (Lieu-D) Health care coverage

Makes a variety of changes to the statutes governing the marketing practices of both health plans and health insurers. With regard to health plans, prohibits health plans or their representatives from making deceptive statements about the requirements of the federal Affordable Care Act (ACA); authorizes the Department of Managed Health Care to extend its review of marketing materials for up to an additional 90 days (this provision will sunset on 12/31/19); prohibits someone whose license to market health plans has been revoked from becoming a Navigator in the California Health Benefit Exchange or becoming licensed for the purposes of marketing insurance; requires the Department of Managed Health Care to adopt rules to minimize the duplication of state standards for disclosure of coverage information with forthcoming federal standards, and after 2014, prohibits specialized health plans from selling individual or group health plans that do not meet essential health benefit requirements, unless the purchaser has demonstrated existing coverage that meets essential health benefit requirements. With regard to health insurers, prohibits insurers or their representatives from making deceptive statements about the requirements of the ACA, prohibits insurers or their representatives from using any advertisement or making any statement that is untrue, misleading, or deceptive, and prohibits someone whose license to sell insurance policies has been revoked from becoming a Navigator in the California Health Benefit Exchange or becoming licensed for the purposes of marketing health plans.
(Died in Senate Appropriations Committee)

SB 1320 (Harman-R) Health insurance: retainer practices

Defines a "retainer practice" as a person who is licensed to practice medicine and contracts with patients to provide primary care services, as defined, at least in part based on a periodic fee and prohibits a retainer practice from being subject to regulation as a health care service plan by the Department of Managed Health Care or as a health insurer by the Department of Insurance.
(Died in Senate Health Committee)

SB 1321* (Harman-R) California Health Benefit Exchange: executive board

Requires the California Health Benefit Exchange Board (Exchange), if any part of the federal Patient Protection and Affordable Care Act (ACA) is amended, invalidated, or repealed, to report to the Legislature regarding the impact on the Exchange of the ACA sections amended, invalidated, or repealed, and to provide the Legislature with a plan on how the Exchange will operate given the ACA sections amended, invalidated, or repealed. Requires the Exchange to halt all work related to implementing the Exchange if it does not provide the Legislature with the report within 90 days of the amendment, invalidation, or repeal of any section of ACA.
(Died in Senate Health Committee)

SB 1373 (Lieu-D) Health care coverage: out-of-network coverage

Requires hospitals to provide an enrollee or insured, who seeks services at a hospital for an elective or scheduled procedure, a notice with specified information. Requires a plan to either refer the enrollee or subscriber to a contracting provider or authorize the person to obtain services from a noncontracting provider.
(Failed passage in Senate Health Committee)

SB 1410 (Hernandez-D) Health plans: independent medical review

Modifies the external Independent Medical Review process established for individuals enrolled in health plan products licensed by the Department of Managed Health Care and insureds of health insurance policies licensed by the Department of Insurance by enhancing requirements of clinical reviewers, and requesting additional patient demographic information.
Chapter 872, Statutes of 2012

SB 1431 (De León-D) Stop-loss health insurance coverage

Sets the stop-loss insurance attachment point for small employers on policies issued on or after 1/1/12, at $45,000 for individuals and the greater of $15,000 times the total number of covered employees and dependents, 130% of expected claims, or $60,000.
(Died on Assembly Inactive File)

SB 1438 (Alquist-D) Long-term care insurance

Requires the Insurance Commissioner to convene a task force to examine the components necessary to design a statewide long-term care insurance program, and to report to the Legislature by 1/1/14.
(Died in Senate Appropriations Committee)

SB 1528 (Steinberg-D) Health care service plans

Provides that an injured person whose health care is provided through a public or private capitated health care service plan, if the health care provider is paid a set periodic amount regardless of the number of, or nature of services provided, and the health care provider does not present the injured person with a bill for payment identifying the costs of the particular services rendered, shall be entitled to recover as damages the reasonable and necessary value of medical services.
(Failed passage on Assembly Floor)

AB 52 (Feuer-D) Health care coverage: rate approval

Prohibits health care service plans and health insurers from implementing a rate for a new product or instituting a rate change unless it submits an application to the Department of Managed Health Care (DMHC) or the Department of Insurance and the application is approved. Gives the Director of DMHC and the Insurance Commissioner the authority to approve, deny, or modify any proposed rate or rate change.
(Died on Senate Inactive File)

AB 72 (Eng-D) Health care coverage: acupuncture

Requires group health plan contracts and group health insurance policies, including health policies provided to public employees, to require coverage of services provided by acupuncturists.
(Died in Assembly Appropriations Committee)

AB 137 (Portantino-D) Health care coverage: mammographies

Provides that individual or group policies of health insurance shall be deemed to provide coverage for mammographies for screening or diagnostic purposes upon referral of a participating nurse practitioner, participating certified nurse-midwife, participating physician assistant, or participating physician, as specified.
Chapter 436, Statutes of 2012

AB 154 (Beall-D) Health care coverage: mental health services

Requires health plans and health insurers that provide hospital, medical, or surgical coverage to provide coverage for the diagnosis and medically necessary treatment of a mental illness of a person of any age, including a child, under the same terms and conditions applied to other medical conditions. Defines "mental illness" to include substance abuse, but excludes treatment of specified diagnoses. Exempts health plan contracts in specified state public health insurance programs from these provisions.
(Died in Senate Health Committee)

AB 171 (Beall-D) Health insurance: autism spectrum disorder

Requires health plans and insurers to provide coverage for the screening, diagnosis, and treatment of pervasive developmental disorder or autism (PDD/A). Defines "treatment for PDD/A" to mean psychiatric care, psychological care, therapeutic care, and prescription drugs (if covered by the plan/insurer), including necessary equipment, that develops, maintains, or restores to the maximum extent practicable the functioning or quality of life of an individual with PDD/A and is prescribed or ordered by a physician or a psychologist who determines the care to be medically necessary.
(Died in Senate Health Committee)

AB 174 (Monning-D) California Health and Human Services Automation Fund

Establishes the California Health and Human Services Automation Fund, in the State Treasury, to consist of moneys appropriated to various specified health and human services information technology projects. Permits the Employment Development Department and the Franchise Tax Board to share information and develop data interfaces with the California Health Benefit Exchange for purposes of enabling the Exchange to make eligibility determinations and comply with certain federal requirements.
Chapter 815, Statutes of 2012

AB 185 (Roger Hernández-D) Health insurance: maternity services

Requires policies in the individual and group health insurance markets to provide coverage for maternity services. Creates a mandate on insurers and not health plans, as maternity benefits are already mandated for health plans. Requires maternity services to include prenatal care, ambulatory care, care for pregnancy complications, neonatal care, inpatient hospital maternity care, and postpartum care.
(Died in Assembly Appropriations Committee)

AB 310 (Ma-D) Health insurance: prescription drugs

Prohibits health plan contracts and health insurance policies that cover outpatient prescription drugs from requiring coinsurance for outpatient prescription drug benefits, and imposes specified limitations on co-payments and out-of-pocket expenses for outpatient prescription drugs.
(Died in Assembly Appropriations Committee)

AB 369 (Huffman-D) Health care coverage: prescription drugs

Prohibits health care service plans and insurers that restrict medications for the treatment of pain, pursuant to step therapy or fail-first protocol, from requiring a patient to try and fail on more than two pain medications before allowing the patient access to the pain medication or generically equivalent drug, as defined, prescribed by the prescribing provider, as defined.
Vetoed

AB 428 (Portantino-D) Health care coverage: fertility preservation

Requires health plan contracts and health insurance policies to cover fertility preservation services when fertility may be lost due to a medical intervention.
(Died in Assembly Appropriations Committee)

AB 439 (Skinner-D) Health care information

Establishes an affirmative defense against specified liability under the Confidentiality of Medical Information Act. Provides that in an action brought by an individual pursuant to the Confidentiality of Medical Information Act, on or after 1/1/13, the court shall award any actual damages, and reasonable attorneys' fees and costs, but may not award nominal damages for a violation of this part if the defendant establishes specified affirmative defenses. In determining whether the affirmative defenses is established, the court shall consider the equity of the situation, including whether the defendant has previously violated this part, regardless of whether an action was brought, and the nature of the violation.
Chapter 437, Statutes of 2012

AB 443 (Bonilla-D) Health insurance: children with disabilities

Requires a county, upon referral and during the individualized education program planning process, to ask the parent or legal guardian of the child or youth whether the child or youth is covered by a private health insurance provider and, if the child or youth has private health insurance, authorizes the county or other provider to seek reimbursement from that insurance company for medically necessary services provided to the child or youth.
(Died in Assembly Education Committee)

AB 714 (Atkins-D) Health care coverage: California Health Benefit Exchange

Requires notices of health care eligibility be sent to individuals who are enrolled in, or who cease to be enrolled in, publicly-funded state health care programs.
(Died in Senate Appropriations Committee)

AB 726* (Morrell-R) Health savings account: taxes

Excludes from gross income amounts distributed out of a 401(k) plan to an individual if the entire amount does not exceed $100,000 and is paid into a health savings account within 60 days.
(Died in Assembly Revenue and Taxation Committee)

AB 778 (Atkins-D) Health care service plans: vision care

Authorizes a registered dispensing optician, an optical company, a manufacturer or distributor of optical goods, or a nonoptometric corporation to own a specialized health care service plan that provides or arranges for the provision of vision care services, to share profits with the specialized health care service plan, contract for specified business services with the specialized health care service plan, and jointly advertise vision care services with the specialized health care service plan.
(Died in Senate Business, Professions and Economic Development Committee)

AB 788 (Pan-D) Health insurance

Deletes the provisions requiring the Department of Insurance to report to the Legislature on the implementation of the regulations for standards applicable to health insurers that contract with providers for alternative rates.
(Died in Assembly Health Committee)

AB 792 (Bonilla-D) Health care coverage: California Health Benefit Exchange

Establishes notification requirements about the availability of reduced-cost coverage available in the California Health Benefit Exchange and no-cost coverage available in Medi-Cal to an individual filing a dissolution or nullity of marriage, divorce or separation, or petitioning for adoption or for an individual who ceases to be enrolled in health coverage through a health plan or health insurer.
Chapter 851, Statutes of 2012

AB 854* (Garrick-R) Health savings accounts: income tax

Conforms to federal tax law with respect to health savings accounts for taxable years beginning on or after 1/1/12.
(Died in Assembly Revenue and Taxation Committee)

AB 999 (Yamada-D) Long-term care insurance

Revises long-term care insurance oversight to enhance consumer information, revises rate calculation requirements, and restricts the timing of rate changes.
Chapter 627, Statutes of 2012

AB 1000 (Perea-D) Health care coverage: cancer treatment

Prohibits health plans and health insurers that cover prescription drugs and chemotherapy treatment from imposing higher copayments, deductibles, or coinsurance for oral anticancer drugs than would be imposed for intravenous anticancer drugs, starting on 7/1/13.
Vetoed

AB 1083 (Monning-D) Health care coverage

Reforms California's small group health insurance laws to enact the federal Patient Protection and Affordable Care Act (ACA). Eliminates preexisting condition requirements and establishes premium rating factors based only on age, family size, and geographic regions, except for grandfathered plans. New guaranteed issue provisions and the rating provisions are tied to those provisions in the ACA. Should guaranteed issue and rating factors be repealed in the ACA, California's existing guaranteed issue and rating law pre-ACA would become operative.
Chapter 852, Statutes of 2012

AB 1453 (Monning-D) Health care coverage: essential health benefits

Establishes the Kaiser Small Group HMO 30 plan as the Essential Health Benefit benchmark plan for individual and small group health plan products licensed by the Department of Managed Health Care. Makes the enactment of this bill contingent upon the enactment of SB 951 (Hernandez-D), Chapter 886, Statutes of 2012.
Chapter 854, Statutes of 2012

AB 1461 (Monning-D) Individual health care coverage

Reforms California's health insurance market for health care service plans (health plans) licensed by the Department of Managed Health Care to implement requirements on health plans to guarantee health plan contracts without preexisting condition requirements during initial, annual and special enrollment periods and limits the ability of health plans to base premium rates only on age, geography, and family size, as specified, for individual products in the California Health Benefit Exchange and the commercial market. Makes the enactment of this bill contingent upon the enactment of SB 961 (Hernandez-D).
Vetoed

AB 1467 (Assembly Budget Committee) Health insurance: Budget Trailer Bill

Enacts the Health Omnibus 2012 Budget Trailer Bill which, among other provisions, extends the sunset on the Office of HIPAA (Health Insurance Portability and Accountability Act) Implementation to 6/30/16.
Chapter 23, Statutes of 2012

AB 1494 (Assembly Budget Committee) Healthy Families Program: Budget Trailer Bill

Transitions children in the Healthy Families Program to the Medi-Cal program starting 1/1/13.
Chapter 28, Statutes of 2012

AB 1497 (Assembly Budget Committee) Healthy Families Program: Budget Trailer Bill

Enacts the "Budget Bill Junior" which, among other provisions, allows for a slower phase-in for the transition to Medi-Cal in 2013 of the Healthy Families Program and requires the Governor's Administration and health plans to demonstrate readiness prior to this transition.
Chapter 29, Statutes of 2012 -- Item Veto

AB 1510* (Garrick-R) Health savings accounts: tax deductions

Allows an income tax deduction in connection with health savings accounts in conformity with federal tax law.
(Died in Assembly Revenue and Taxation Committee)

AB 1526 (Monning-D) California Major Risk Medical Insurance Program

Allows the Managed Risk Medical Insurance Board to further subsidize the premium contributions paid by individuals receiving coverage in the Major Risk Medical Insurance Program from 1/1/13 to 12/31/13.
Chapter 855, Statutes of 2012

AB 1579 (Campos-D) Dental coverage: noncontracting providers

Requires a health care service plan or health insurer, that pays a contracting dental provider directly for covered services rendered to an enrollee or insured, to also pay a noncontracting dental provider directly for covered services rendered to an enrollee or insured where the provider submits a written assignment of benefits signed by the enrollee or insured, or their legal representative.
(Died in Senate Health Committee)

AB 1636 (Monning-D) Health and wellness programs

Requires the Department of Managed Health Care, in collaboration with other state agencies, to convene a special committee to evaluate the use of health and wellness programs and incentives by health plans, health insurers, and employers.
(Died in Senate Appropriations Committee)

AB 1641 (Bonnie Lowenthal-D) Health care coverage: durable medical equipment

Requires a health care service plan and a health insurer to provide coverage for durable medical equipment, as defined, as part of their plan contracts or health insurance policies.
(Died in Assembly Health Committee)

AB 1733 (Logue-R) Medi-Cal: telehealth

Expands current law requirements allowing for the use of telehealth in Medi-Cal managed care plans to all health plans that contract with the Department of Health Care Services. Updates the term "telemedicine" to "telehealth" in a variety of code sections to reflect current practice usage.
Chapter 782, Statutes of 2012

AB 1738 (Huffman-D) Health care coverage: tobacco cessation

Requires health care service plan contracts and health insurance policies issued, amended, renewed, or delivered on or after 1/1/13, to provide coverage for two courses of treatment in a 12-month period for tobacco cessation preventive services rated "A" or "B" by the United States Preventive Services Task Force, and prohibits plans and insurers from charging a copayment, coinsurance, or deductible for those services. Prohibits a plan or insurer from requiring enrollees or insureds to enter counseling in order to receive tobacco cessation medications or from imposing prior authorization or stepped-care requirements on tobacco cessation treatments.
(Died in Assembly Health Committee)

AB 1742 (Pan-D) Health care coverage: payment for benefits

Requires all health care service plans and individual insurers, except specialized health plans and insurers, to permit enrollees to assign benefits directly to health care providers for health care services in the same way that existing law requires such benefits for group issuers to be assigned to the Department of Health Care Services on behalf of beneficiaries of the Medi-Cal program.
(Died in Assembly Health Committee)

AB 1761 (John A. Pérez-D) California Health Benefit Exchange

Gives the Department of Managed Health Care and the Commissioner of the Department of Insurance enforcement authority over licensees (and solicitors) who hold themselves out as representing or providing services on behalf of the California Health Benefit Exchange (Exchange) without a valid agreement. Makes holding oneself out as representing, constituting, or otherwise providing services on behalf of the Exchange without a valid agreement unfair competition.
Chapter 876, Statutes of 2012

AB 1766 (Bonilla-D) California Health Benefit Exchange

Prohibits the Small Business Health Options Program from informing an eligible employee or dependent thereof about, or screening that employee or dependent for eligibility for, a premium tax credit, the Medi-Cal program, the Healthy Families Program, or any other state or local public program.
(Died in Assembly Health Committee)

AB 1800 (Ma-D) Health care coverage

Requires health plans and health insurers to provide an annual limit on subscriber out-of-pocket expenses for all covered benefits. Goes into effect on 1/1/14. The limit on out-of-pocket expenditures applies to all essential health benefits. The annual out-of-pocket limit is based on the thresholds for federally-authorized high deductible health plans. In 2013, this limit will be $6,050 for an individual and $12,100 for a family. Specifies that if a health plan delegates certain services to a subcontractor (for example a medical group), the health plan is still responsible to comply with all the requirements of the Knox-Keene Act.
(Died in Senate Appropriations Committee)

AB 1809 (Monning-D) Health care coverage

Directs unclaimed rebates, owed to enrollees by health plans and insurers for failure to spend a certain percentage of premium dollars on medical care, to a newly created account that is to be used for health care outreach and enrollment efforts. Exempts this redirection of rebates from current law governing unclaimed property, and repeals several obsolete reports.
(Died in Assembly Appropriations Committee)

AB 1846 (Gordon-D) Consumer operated and oriented plans

Establishes a licensing framework at the Department of Insurance and the Department of Managed Health Care for Consumer Operated and Oriented Plans, which may be established and seek funding under the Patient Protection and Affordable Care Act.
Chapter 859, Statutes of 2012

AB 1921 (Hill-D) Health insurance: transitional reinsurance program

Establishes the California Transitional Reinsurance Program for health plans to be jointly administered by the Department of Insurance and the Department of Managed Health Care, and requires participation by health care service plans and health insurers.
(Died in Senate Health Committee)

AB 2064 (V. Manuel Pérez-D) Immunizations for children: reimbursement of physicians

Requires health plans and insurers that cover child and adolescent vaccines to reimburse physicians/physician groups in an amount not less than the actual cost of acquiring the vaccine plus the cost of administering the vaccine. Defines the vaccine acquisition cost as those standardized costs detailed on the most current Pediatric Vaccine Price List published by the Centers for Disease Control and Prevention, plus shipping and handling costs. Defines the vaccine administration cost as not less than the cost specified in the most current Medicare physician fee schedule.
(Died in Assembly Appropriations Committee)

AB 2138 (Blumenfield-D) Health insurance fraud: annual fee

Authorizes the Insurance Commissioner to increase the fee to no more than $0.20 per year for each insured and requires that 30% of those funds go to the Fraud Division of the Department of Insurance and that 70% go to the local district attorneys. Requires the Commissioner to adopt regulations to implement these provisions, and authorizes an insurer to recoup this fee by way of a surcharge on premiums or by including the fee within the insurer's rates, as specified.
Chapter 444, Statutes of 2012

AB 2152 (Eng-D) Health care coverage

Establishes notification requirements on preferred provider organizations licensed at the Department of Managed Health Care and the Department of Insurance when a provider contract is terminated that affects 800 or more covered lives. Requires specified patient disclosure if the termination affects 2,000 or more covered lives. Establishes and revises other consumer notification and disclosure requirements on health insurers.
Vetoed

AB 2252 (Gordon-D) Dental coverage: provider notice of changes

Amends the Health Care Provider's Bill of Rights with respect to a health care service plan or health insurance policy, including specialized health plans and insurance policies, covering dental services, to require notification if a material change is made to the rules, guidelines, policies, or procedures concerning contracting or coverage of, or payment for, dental services.
Chapter 447, Statutes of 2012

AB 2315 (Monning-D) Office of the Patient Advocate

Corrects a reference in existing law related to appointments by the Governor subject to Senate confirmation to reflect the transfer of the Office of the Patient Advocate from the Department of Managed Health Care to the California Health and Human Services Agency.
Chapter 681, Statutes of 2012

AB 2350 (Monning-D) Health care coverage

Requires health plans and insurers to provide information on claims payment policies and practices, financial information, data on enrollment and disenrollment, data on claims denials, rating policies, cost sharing, and enrollee rights. Requires the Department of Managed Health Care and the Department of Insurance to make the reported data available to the public. Specifies that the reporting requirement dates are the same as those required under federal law and that all terms in the bill have the same meaning as terms in federal law.
(Died in Senate Appropriations Committee)

ACA 24 (Donnelly-R) Health care coverage

Amends the California Constitution to prohibit a federal, state, or local law or rule from (1) compelling a person or business to participate in a health care system, as defined; (2) imposing penalties or fines, as defined, for failure to maintain coverage; or (3) prohibiting the sale or purchase of health care or health insurance, subject to specified exceptions.
(Died in Assembly being unassigned to a committee)

AJR 30 (Pan-D) Medicare: dental care

Memorializes the President and the Congress of the United States to enact appropriate legislation that would add comprehensive, preventative dental care coverage to Medicare benefits.
Resolution Chapter 138, Statutes of 2012

Miscellaneous

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SB 71 (Leno-D) Department of Insurance Fraud Division

Among other provisions, repeals the advisory committee on automobile insurance fraud and economic automotive theft prevention within the Fraud Division of the Department of Insurance.
Chapter 728, Statutes of 2012

SB 277 (Vargas-D) Insurance: regulation of insurers

Adds National Association of Insurance Commissioners working groups and subgroups to the group of persons with immunity from civil liability for libel, slander, or any other cause of action by virtue of their collection, review, and analysis or dissemination of the data and information collected from the required filings.
(Died in Senate Judiciary Committee)

SB 631 (Evans-D) Insurance Commissioner: violations: remedies

Confers upon the Office of the Insurance Commissioner a new, broad authority to order restitution which is made independent of both historic constraints on the office that date to early statehood and others imposed as curative provisions after controversial conduct in the last decade.
(Died in Senate Insurance Committee)

SB 714 (Senate Insurance Committee) Insurance: holding companies

Revises the definition of "insurer" to exclude agencies, authorities, or instrumentalities of the United States, its possessions and territories, the Commonwealth of Puerto Rico, the District of Columbia, or a state or political subdivision of a state. Further defines the term "enterprise risk" to mean any activity, circumstance, or event, or series of events, involving one or more affiliates of an insurer that, if not remedied promptly, is likely to have a material adverse effect upon the financial condition or liquidity of the insurer or its holding company system as a whole, as specified.
(Died in Senate Insurance Committee)

SB 1170 (Leno-D) Senior insurance

Prohibits an insurance agent who is not an attorney from delivering to any person 65 years of age or older, a living trust or other legal document, if the purpose is to sell the senior an insurance product. Prohibits an insurance agent who is an attorney from delivering a living trust or other legal document to a person 65 years of age or older, if the purpose is to sell the senior an insurance product, unless a detailed disclosure that is currently required of attorneys is provided by the insurance agent. Expands the definition of "advertisement" in the senior insurance consumer protection law.
Chapter 653, Statutes of 2012

SB 1184 (Corbett-D) Senior insurance: veterans benefits

Prohibits an insurance agent from providing assistance to a senior in obtaining veterans benefits through government programs, unless the agent maintains procedural safeguards designed to ensure that the agent or broker transacting insurance has no direct financial incentive to refer the policyholder or purchaser to any government benefits program.
Chapter 222, Statutes of 2012

SB 1212 (Calderon-D) Insurance: electronic transmission

Authorizes an insurer to electronically provide statutory notice and offer to renew requirements for certain automobile and property-casualty insurance policies if the insurer complies with a number of requirements. Requires the insurer to retain a record of the named consent to receive specified documents electronically with the policy information so that the record of consent is retrievable upon request by the Department of Insurance while the policy is in force and for five years thereafter.
(Died in Assembly Judiciary Committee)

SB 1216 (Lowenthal-D) Reinsurance: professional reinsurers

Conforms California law with recent changes in federal law and the National Association of Insurance Commissioners model law regarding the regulation of reinsurance.
Chapter 277, Statutes of 2012

SB 1223 (Berryhill-R) Title insurance: commissions

Requires that each admitted insurer with premiums written equal to or in excess of $100 million submit to the Insurance Commissioner, by 7/1/13, a report on its minority, women, and disabled veteran-owned business procurement efforts, as specified. Provides that the failure to file the report by 7/1/13, subjects the admitted insurer to civil penalties to be fixed and enforced by the Commissioner, as provided.
(Died in Senate Rules Committee)

SB 1262 (Vargas-D) Earthquake insurance: coverage

Specifies that earthquake insurance policies providing alternative coverage may include coverage options not meeting the minimum coverage, as specified in current law.
(Died in Senate Insurance Committee)

SB 1448 (Calderon-D) Insurance

Requires insurers in a registered insurance holding company system to provide the Insurance Commissioner with financial statements upon request. Requires the board of directors of an insurer in an insurance holding company system to file a statement with the Commissioner that the board is responsible for overseeing corporate governance and internal controls, and that the officers and senior management have implemented and maintain corporate governance and internal control procedures. Requires the controlling person in an insurance holding company system to file an annual enterprise risk report with the Commissioner. Specifies that the first enterprise risk report must be filed after 7/1/13. Requires notice of amendments to, or modifications of, affiliate agreements between members of an insurance holding company system to be filed with the Commissioner. Requires notice of a projected change in reinsurance premiums or an increase in liabilities of 5% or more in any of the next three years to be filed with the Commissioner.
Chapter 282, Statutes of 2012

SB 1449 (Calderon-D) Life insurance and annuities

Permits life insurance policies and annuities to include provisions that waive surrender charges when the owner, insured, or annuitant becomes unemployed. Requires insurers to establish additional reserves when offering a waiver of surrender charge benefit triggered by unemployment. Requires provisions waiving premium or surrender charges to include specified provisions relating to the scope of the contract, reinstatement, incontestability, claim submission, claim forms, physical examinations, and proof of loss. Requires the Insurance Commissioner to review contracts including waiver of premium or surrender charges to ensure they are clearly worded and are not unfair or economically unsound to the owner, insured, or annuitant.
Chapter 567, Statutes of 2012

SB 1450 (Calderon-D) Mortgage guaranty insurance

Eliminates, until 1/1/18, requirements that limit the percentage of coverage a mortgage guaranty insurer may provide for the class of insurance that insures against financial loss by reason of nonpayment of principal, interest, and other sums under any evidence of indebtedness secured by a mortgage, deed of trust, or other instrument constituting a first lien or charge on a residential building, or a condominium unit or buildings designed for occupancy by not more than four families.
Chapter 105, Statutes of 2012

SB 1451 (Calderon-D) Insurance

Specifies that the term "special benefit" includes an accelerated death benefit if some or all of the death benefit of a life insurance contract is paid to the insured upon the occurrence of certain qualifying events, including if the insured requires continuous confinement in an eligible institution. Requires a life insurance contract or supplemental contract that includes an accelerated death benefit that is submitted for approval by the Insurance Commissioner to be submitted for approval with specified additional information, including a statement of the types of policy forms with which the benefit will be offered.
(Died in Assembly Insurance Committee)

AB 53 (Solorio-D) Insurers: procurement contracts

Requires that each admitted insurer with premiums written equal to or in excess of $100 million to submit to the Insurance Commissioner, by 7/1/13, a report on its minority, women, and disabled veteran-owned business procurement efforts, as specified. Provides that the failure to file the report, by 7/1/13, subjects the admitted insurer to civil penalties to be fixed or enforced by the Commissioner, as provided. Requires, among other things, that commencing 7/1/15, each eligible admitted insurer biennially update its supplier diversity report and submit a new report, containing additional elements, to the Commissioner no later than July 1.
Chapter 414, Statutes of 2012

AB 480 (Solorio-D) Insurance: solid waste facilities

Requires the Department of Resources, Recycling, and Recovery to accept the use of a captive insurer for up to 50% of the financial assurance required of an operator of a solid waste landfill. Requires any owner that uses captive insurance to pay for a study that evaluates the efficacy of this financial responsibility method. Conforms the statute to the recently enacted federal Dodd-Frank financial services reform law.
Chapter 713, Statutes of 2012

AB 705 (Blumenfield-D) Insurance: risk retention

Prohibits a domestic insurer from acquiring any direct or indirect investment, as defined, in Iran. Disallows and treats as a nonadmitted asset on the financial statements required to be filed with the Insurance Commissioner, any direct or indirect investment of an admitted foreign insurer in Iran.
(Died in Assembly Insurance Committee)

AB 736 (Charles Calderon-D) Insurance: licenses: fraud prevention

Authorizes a person licensed to transact accident and health insurance to be an agent, a broker, or both. Removes the prohibition on an "insurance broker" from transacting disability and health insurance. An insurance broker continues to be prohibited from transacting life insurance. Defines a "life licensee" as a person authorized to act in one or more of the following capacities: life-only, and accident and health.
(Died in Assembly Appropriations Committee)

AB 1004 (Hagman-R) Insurance: Conservation and Liquidation Office: receivership

Requires the Insurance Commissioner, through the Conservation and Liquidation Office, to publish with the court with jurisdiction over an insolvent insurer's estate information relating to approved claims.
(Died in Assembly Insurance Committee)

AB 1603 (Feuer-D) Force-placed insurance

Prohibits a mortgage servicer from obtaining force-placed insurance unless there is a reasonable basis to believe the borrower has failed to comply with the loan contract's requirements to maintain hazard, flood, or homeowner's insurance. Provides that if the borrower's hazard, flood, or homeowner's insurance policy has been paid through an escrow account, the mortgage servicer shall advance payments to continue the borrower's policy, unless the borrower or insurance company has canceled the policy. Provides that a mortgage servicer shall not impose any charge on a borrower for force-placed insurance unless the mortgage servicer has met all specified conditions.
(Died on Assembly Inactive File)

AB 1734 (Hagman-R) Insurance: Conservation and Liquidation Office

Requires the Insurance Commissioner, through the Conservation and Liquidation Office to develop a report of allowed claims for corporations, limited liability companies, limited liability partnerships, and partnerships. Requires the Office to contact the claimants whose claims have been allowed, as provided. Requires the receiver, the Insurance Commissioner, or the Office, as applicable, upon receipt of notice that an allowed claim has been assigned to another party, to take specified actions within 30 days, including changing the payee designation to reflect the claim purchaser.
(Died in Assembly Judiciary Committee)

AB 1747 (Feuer-D) Life insurance: nonpayment premium lapse

Establishes a statutory minimum 60-day grace period for nonpayment of premium on life insurance policies. Also, requires that life insurers permit policy owners to designate at least one other person to receive notice of a missed payment. Prohibits termination of an individual life insurance policy until that notice has been mailed 30 days prior to the effective date of termination for nonpayment of premium.
Chapter 315, Statutes of 2012

AB 2084 (Solorio-D) Blanket insurance

Expands the list of eligible policyholders who can purchase blanket insurance. Specifies other permitted types of blanket insurance, providing specified benefits, issued to specified entities include, but are not limited to (1) an employer providing accident benefits to any group of workers, dependents, or guests, limited by reference to specified hazards incident to activities or operations of the employer; (2) any common carrier or any operator, owner, or lessor of a means of transportation providing accident benefits to any specified group of persons who may become lessees or passengers limited by reference to travel status; and (3) an entertainment production company providing accident benefits to any group of participants, volunteers, audience members, contestants, or workers while engaged in any activity or operation of the entertainment production company.
Chapter 321, Statutes of 2012

AB 2160 (Blumenfield-D) Insurance: retention risk

Deems an investment by a domestic insurer in specified companies as a nonadmitted asset for the purposes of meeting the insurer's capital requirements. Specifically, the targeted investment activities involve companies included on the list of companies prepared by the Department of General Services pursuant to the Iran Contracting Act of 2010.
Chapter 479, Statutes of 2012

AB 2264 (Knight-R) Insurance fraud: release of information

Requires insurers, and agents authorized to act on the insurer's behalf, to provide, upon request of peace officers employed by specified agencies, any and all useful information regarding unlawful activity unrelated to insurance fraud that is uncovered in the course of an insurance fraud investigation. Specifies that insurers, employees of insurers, and agents of an insurer are not subject to civil liability for providing information to an authorized government agency regarding unlawful activity discovered in the course of an insurance fraud investigation.
(Died in Assembly Insurance Committee)

AB 2301 (Assembly Insurance Committee) California Insurance Guarantee Association: definitions

Provides that, in order for a claim against an insolvent insurer to be a "covered" claim for purposes of California Insurance Guarantee Association, the claim must be presented to the liquidator in the state of domicile of the insolvent insurer.
Chapter 57, Statutes of 2012

AB 2303 (Assembly Insurance Committee) Insurance omnibus

Contains clarifying and clean up provisions for the Insurance Code, establishes licenses for non-resident variable contract agents and crop insurance adjusters. Conforms California law to federal law as it relates to the conservation and liquidation of systemically important insurers. Increases the classroom education requirements for bail agents. Expands the duties of the Insurance Commissioner's curriculum board to include bail agents and insurance adjusters.
Chapter 786, Statutes of 2012

AB 2354 (Solorio-D) Travel insurance

Repeals existing law regulating limited lines travel insurance agents and replaces it with a new system of regulation consistent with standards adopted by the National Association of Insurance Commissioners.
Chapter 257, Statutes of 2012

AB 2406 (Buchanan-D) Insurance: rates

Requires the Insurance Commissioner to publish on the Department of Insurance Internet Web site all requests for a finding of eligibility to seek compensation, and all findings of eligibility to be compensated, with respect to parties intervening in rate change request proceedings.
Chapter 100, Statutes of 2012

Index (in Measure Order)

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Note: * Denotes Urgency or Tax Levy Legislation.