Insurance

Automobile Insurance
Health Insurance
Earthquake Insurance
Miscellaneous

Automobile Insurance

SB 180 (Speier-D) Proof of insurance

Extends the provisions which otherwise exempt Los Angeles and San Francisco counties from the vehicle proof of insurance requirement. Becomes operative only if SB 1427 (Escutia-D) is also enacted.

Chapter 666, Statutes of 2002

SB 689 (Perata-D) Auto insurance

Allows an insurer to use persistency of automobile insurance coverage as an optional rating factor in determining rates and premiums.

Vetoed by the Governor

Similar legislation was AB 1488 (Chavez-D), which died in Senate Insurance Committee.

SB 834 (Escutia-D) Insurers: underserved communities

Requires insurers selling private passenger automobile liability policies or private passenger automobile physical damage policies to annually submit to the commissioner of the State Department of Insurance, for examination, a record of loss experience, per exposure for each geographic area for examination and a community service statement for each ZIP code served by the insurer. Establishes civil penalties for failure to comply with a data call.

(Died in Assembly Insurance Committee)

SB 1427 (Escutia-D) Low-cost automobile insurance

Extends the sunset date of the low-cost auto (LCA) insurance pilot program to January 1, 2001. Reduces the price of the LCA insurance policies. Modifies the eligibility requirement. Requires agents to inform potential LCA insurance policyholders of the availability of LCA if the consumer requests a minimum or basic limits policy. Requires the State Insurance Commissioner to annually prepare a policy for the Legislature on how the commissioner intends to inform eligible households of the availability of LCA insurance.

Chapter 742, Statutes of 2002

SB 1648 (Speier-D) Insurance: auto body shop

Makes it unlawful for an insurer to acquire any ownership in an auto body repair shop registered with the State Bureau of Automotive Repair. Makes it unlawful for an insurer to offer an incentive or provide compensation to a person as a reward for referring an insured to an auto body repair shop that the insurer maintains an ownership interest in.

(Failed passage on the Assembly Floor)

AB 5 (Calderon-D) Insurance premiums

Prohibits the use of a driver's credit rating to determine the driver's insurance premium.

(Died in Senate Insurance Committee)

AB 512 (John Campbell-R) California Automobile Assigned Risk Plan

Requests the California Automobile Assigned Risk Plan's annual report on the status of the Los Angles County Low Cost Automobile Insurance Pilot Program to include the percentage of low-cost auto insurance purchasers who have previously purchased auto insurance within the last two years.

(Died in Assembly Insurance Committee)

AB 541 (Maddox-R) Motor vehicle insurance

Provides that a person is not qualified to purchase a Good Driver Discount policy, if he or she has been incarcerated for a period in excess of 30 days during the three-year period immediately preceding the effective date of the policy.

(Died in Assembly Insurance Committee)

AB 1902 (Reyes-D) Automobile insurance: damaged child safety restraint system

Requires insurers to determine whether a child passenger restraint system was in use by a child during an accident and to replace the child passenger restraint system.

Chapter 703, Statutes of 2002

AB 2012 (Frommer-D) Auto insurance

Specifies that a warranty agreement offered by the warrantor of a vehicle protection product in connection with the sale of that product is an express warranty and not automobile insurance if certain requirements are met.

Chapter 749, Statutes of 2002

AB 2959 (Horton-D) Good driver insurance coverage

Requires agents or representatives representing insurers in an insurer group, as defined, to provide that good driver coverage at the lowest rates applicable within the insurer group.

(Died in Assembly Insurance Committee)

Health Insurance

SB 59 (Escutia-D) Healthy families program

Requires the State Managed Risk Medical Insurance Board to report to the Legislature by January 30, 2004, if federal funding is attained, regarding new uses of federal State Children's Health Insurance Program funding for the provision of health coverage to children in vulnerable populations.

Chapter 800, Statutes of 2002

SB 146 (Haynes-R) Health care plans

Requires the Medi-Cal program to pay the copayments for drugs and office visits of persons who are eligible for both Medicare and Medi-Cal, that would otherwise be required under the terms of the health care plan in which they are enrollees, but not allowed under existing Medi-Cal law.

(Died in Senate Appropriations Committee)

SB 279 (Speier-D) Health care service plans

Requires health care service plans that offer a plan that covers hospital, medical or surgical expenses to also offer a plan to families whose income is greater than 250 percent of the federal poverty level that covers children's services.

(Died in Senate Insurance Committee)

SB 283 (Speier-D) Healthy Families Program

Expands the role of health plans in providing application assistance to Medi-Cal and Healthy Families Program applicants and in assisting in beneficiary retention.

Chapter 667, Statutes of 2002

SB 336 (Ortiz-D) Healthy Families Program

Limits independent documentation by Medi-Cal and Healthy Families Program applicants and recipients to that required by federal law with specified exceptions.

Vetoed by the Governor

SB 398 (Chesbro-D) Health care service plans: bankruptcy

Requires a health care service plan to meet and confer with the State Department of Managed Health Care prior to filing a petition commencing a case for bankruptcy under Title II of federal law.

Chapter 928, Statutes of 2002

A similar bill was SB 1917 (Chesbro-D), which died in Assembly Appropriations Committee.

SB 458 (Escutia-D) Health care service plans

Provides that a health care service plan or managed care entity's liability for its breach of duty of care to provide medically necessary health care services to its subscribers and enrollees, shall be determined in a court of law. Provides that any prohibited waiver of a person's rights under the statutory right to sue, shall also prohibit a contract requirement that the subscriber or enrollee waive his/her right to a jury trial through the use of a pre-dispute mandatory arbitration clause. Does not affect the right of the parties to voluntarily agree to arbitration upon the arising of the dispute.

(Failed passage in Assembly Health Committee)

SB 461 (Torlakson-D) Health benefits

Requires the State Teachers' Retirement System to establish and administer a high deductible Catastrophic Prescription Drug Insurance Program and that the program be effective January 1, 2003.

(Died in Assembly Health Committee)

SB 573 (Burton-D) Health coverage: acupuncture

Requires every health care service plan and disability insurer issuing policies on a groupwide basis to provide acupuncture coverage under those terms and conditions as may be agreed upon by the parties, as specified.

(Died in Assembly Health Committee)

SB 599 (Chesbro-D) Health care coverage

Requires health care service plans and disability health insurers to provide coverage for the medically necessary treatment of substance related disorders as listed in the Diagnostic and Statistical Manual of Mental Disorders IV in a nondiscriminatory manner on the same basis as any other medical care.

(Died on Assembly Inactive File)

SB 604 (Vasconcellos-D) Health care service plans

Creates the Health and Wellness Promotion Advisory subcommittee within the State Department of Managed Health Care Clinical Advisory Panel to advise the Legislature on revisions of medical testing and services believed to be appropriate for health promotion, requires health care service plans and disability (health) insurers to provide a health promotion benefit to set and annually augment the maximum payment to providers for required testing and services.

(Died in Assembly Health Committee)

SB 681 (Figueroa-D) Healthy Families Program

Requires the State Managed Risk Medical Insurance Board to expand eligibility under the program to uninsured employees of licensed child care facilities and the minor children of those employees.

(Died in Senate Health and Human Services Committee)

SB 686 (Ortiz-D) Health care service plans

Changes the way the State Department of Managed Health Care calculates administrative assessments on health care service plans.

Chapter 790, Statutes of 2002

SB 719* (Poochigian-R) Healthy Families Program

Creates a refundable tax credit for health insurance paid by a taxpayer for the individual, spouse, or dependent eligible to receive benefits under the Health Families Program.

(Died in Senate Revenue and Taxation Committee)

SB 785 (Ortiz-D) Healthy Families Program

Makes minor changes to the Healthy Families Program (HFP) consistent with California's revised waiver request to the federal government to extend HFP benefits to parents in families with income up to 250 percent of the federal poverty level.

(Died in Assembly Appropriations Committee)

SB 842 (Speier-D) Health plans

Makes a legislative finding that in enacting specified provisions of existing law requiring health plans to cover prescription drugs for specific conditions that it did not intend to limit the State Department of Managed Health Care's (DMHC) authority to regulate the provision of medically necessary prescription drug benefits to the extent that the plan provides coverage for those benefits. Requires DMHC to develop a regulation outlining the standards to be used in reviewing a health plan's request for approval of its proposed copayment, deductible, limitation, or exclusion on its prescription drug benefits.

Chapter 791, Statutes of 2002

SB 1040 (Machado-D) Health care plan arbitration clauses

Provides specified protections for consumers in health care arbitration.

(Died in Senate Judiciary Committee)

SB 1092 (Sher-D) Health care service plans

Requires the adoption of regulations by the director of the State Department of Managed Health Care to establish the Consumer Participation Program, which would allow the awarding of reasonable advocacy and witness fees to any person, who meets specified criteria and who has made a substantial contribution on behalf of consumers to the adoption of any regulation, order or decision made by the director. Sunsets this bill January 1, 2007.

Chapter 972, Statutes of 2002

SB 1411 (Speier-D) Health care coverage: maternity services

Enacts the Maternity Parity Act prohibiting a health care service plan and a health insurer from imposing a copayment or deductible for hospital maternity services that exceed the most common amount of the copayment or deductible imposed for services provided for other covered medical conditions.

Chapter 880, Statutes of 2002

SB 1414 (Speier-D) Health care coverage

Expands publicly funded health care coverage to provide health care benefits to all citizens and legal immigrants residing in California, and creates the Healthy California Program (HCP) to provide this coverage. Designates the State Managed Risk Medical Insurance Board to administer HCP, conduct outreach programs, determine eligibility of applicants and monitor the quality of the program.

(Died in Senate Appropriations Committee)

SB 1461 (Speier-D) Medical discount clubs

Enacts the Medical Discount Club Act, which establishes a regulatory structure for businesses marketing discounts on health care products or services.

(Died in Assembly Health Committee)

SB 1531 (Speier-D) Health care coverage

Allows a Medicare beneficiary to obtain a Medicare supplement insurance policy on a guaranteed basis if the Medicare+Choice plan (Medicare-HMO) reduces its benefits, increases the cost-sharing amount, or discontinues for other than good cause relating to the quality of care, a provider currently furnishing services to the individual.

Chapter 555, Statutes of 2002

SB 1613 (Dunn-D) Long-term care insurance

Clarifies that insurance may file new policy forms for long-term care policies for approval by the State Department of Insurance after January 1, 2003, as specified.

Chapter 675, Statutes of 2002

SB 1621 (Scott-D) Health insurance: change of terms

Precludes health care service plans and health insurers from making any changes in the terms offered during the open enrollment process for health care coverage, upon the renewal of a group coverage contract or policy.

(Died in Senate Appropriations Committee)

SB 1638 (Scott-D) Health coverage: hearing aids

Requires that health care service plans and health insurers provide coverage, up to $1,500, for hearing aids to all enrollees and subscribers under 18 years of age.

(Died in Assembly Health Committee)

SB 1669 (Chesbro-D) Health coverage: regional coverage

Declares the intent of the Legislature to implement recommendations of the Legislative Analyst's Office study concerning the operations of health care service plans in rural areas.

(Died in Assembly Rules Committee)

SB 1718 (Vasconcellos-D) Health care service plans: hepatitis B vaccination

Requires a health care service plan to reimburse a physician and surgeon at a reasonable rate for administering a covered hepatitis B vaccination. Specifies that this reimbursement be made in addition to any other reimbursement required under the plan's contract with the physician and surgeon for an office visit.

(Died in Senate Insurance Committee)

SB 1758 (Figueroa-D) Health benefits: prescription drugs

Requires health care service plans and health insurers to apply all revenue or cost surveys obtained as a result of its participation in a prescription drug rebate program exclusively to reduce the amount of the premium and the copayment and coinsurance obligations under the contract or policy.

(Died in Assembly Health Committee)

SB 1877 (Johnson-R) Health care

Requires the sunset date on legislation permitting qualified associations to offer their members a health care service plan and to pass administrative savings onto small business employers.

Chapter 227, Statutes of 2002

SB 1881 (Scott-D) Health care coverage

Prohibits a non-contracted provider of emergency services from billing an enrollee or insured until the health care service plan or health insurer has been provided a complete claim and the plan or insurer has failed to promptly pay the claim.

(Died in Senate Insurance Committee)

SB 1912 (Assembly Insurance Committee) Health care service plans

Authorizes the Advisory Committee on Managed Health Care in the State Department of Managed Health Care to offer advisory assistance to the Centers for Medicare and Medicaid Services if the director determines there is a need to protect the safety of enrollees.

(Died in Assembly Inactive File)

SB 1913 (Assembly Insurance Committee) Health care rights

Requires the State Department of Managed Health Care and the State Department of Insurance to maintain a joint senior level working group to ensure clarity for health care consumers about who enforces their patient rights and that department regulations are as consistent as possible with each other.

Chapter 793, Statutes of 2002

SB 1914 (Assembly Insurance Committee) Health Insurance Portability and Accountability Act

Provides a framework to guide the Legislature in how to proceed when state privacy laws are either weaker or stronger than the privacy requirements of the federal Health Insurance Portability and Accountability Act (HIPAA). Clarifies existing law by prohibiting any provision of state law that is determined by the Office of HIPAA Implementation (OHI) to be preempted by the federal HIPAA from being applicable to the extent of that preemption. Requires the OHI to coordinate with other state agencies to ensure that HIPAA regulations are complied with. Includes a sunset date of January 1, 2005, for the provisions included in this bill.

Chapter 489, Statutes of 2002

SB 1971 (Polanco-D) Healthy Families Program

Requires the State Department of Health Services and the State Managed Risk Medical Insurance Board to develop a simplified application form for the Healthy Families Program and Medi-Cal.

(Died in Assembly Appropriations Committee)

SB 2033 (Speier-D) Health care service plans

Requires health plans or their subcontractors to provide lists of on-call specialists available for emergency medical services to every contracted hospital.

(Died in Assembly Appropriations Committee)

AB 32 (Richman-R) Healthy Families Program

Creates the California Health Care Program (Cal-Health) to coordinate Medi-Cal and the Health Families Program for the purpose of reducing administrative costs by simplifying income and resource methodologies and other eligibility rules, and application, enrollment, retention, and bridging procedures between the two programs. Requires the State Department of Health Services and the State Managed Risk Medical Insurance Board to carry out the duties and functions of Cal-Health.

(Died in Senate Appropriations Committee)

AB 39* (Thomson-D) Tax credits: health insurance

Enacts the Small Employer Health Coverage Incentive Act of 2001, which authorizes a refundable credit against those taxes for each taxable year beginning on or after January 1, 2002, for amounts paid or incurred during the taxable year by an eligible employer for health coverage provided to an eligible individual and that individual's dependent or dependents. Calculates the credit on the basis of an amount equal to 50 percent of the monthly health insurance premium during the taxable year for those eligible individuals that do not pay more than 25 percent of their health care costs.

(Died in Assembly Revenue and Taxation Committee)

AB 424 (Aroner-D) Health insurance: conversion

Sunsets specified existing Insurance Code requirements for conversion coverage September 1, 2003, if AB 1401 (Thomson-D) and this bill are enacted on or before January 1, 2003.

Chapter 799, Statutes of 2002

AB 442* (Assembly Budget Committee) Health insurance

The Omnibus Health Budget Trailer Bill which, among other provisions, provides a technical clarifying amendment regarding when the State Department of Managed Care is to annually notify plans of their supplemental licensing assessment. Also makes clarifying changes to the Insurance Code for the Healthy Families Program in four areas. First, it makes changes to reflect implementation of the Child Health and Disability Prevention Gateway. Second, it clarifies the discount offered if an applicant chooses to pay their premium via an electronic funds transfer. This discount is only available to an applicant and not to a family contribution sponsor. Third, clarifies the term "family contribution sponsor" to mean a person or entity that pays the premium on behalf of an applicant for any period of 12 consecutive months. Fourth, clarifies existing statute regarding the implementation of the Healthy Families Program to Medi-Cal transition of children (i.e., "bridge" between programs).

Chapter 1161, Statutes of 2002

AB 482 (Cedillo-D) Healthy Families Program

Expands the Healthy Families Program (HFP) to small employers, provides a 50 percent state subsidy for employees with incomes below 250 percent of the Federal Poverty Level, and requires employees to pay the HFP premium with the employer required to pay the remaining costs.

(Died in Senate Insurance Committee)

AB 684 (Kehoe-D) Health care service plans

Allows the director of the State Department of Managed Health Care to make public all confidential financial information of a risk-bearing organization.

(Died in Senate Insurance Committee)

AB 790* (Maldonado-R) Health care tax credit: farm workers

Allows tax credit equal to 25 percent of the qualified expenses paid during the taxable year for preventive health care, a health plan or preventive care insurance provided to the taxpayer's employees who are qualified farm workers.

(Died in Assembly Revenue and Taxation Committee)

AB 831 (Cardoza-D) Health benefits: state employees

Requires the state to pay for any increases in health benefit premiums for state employees implemented between January 1, 2002 and July 2, 2002, and establishes a committee to explore and develop innovative health benefit cost containment concepts.

(Died in Assembly Appropriations Committee)

AB 1282 (Cardoza-D) Health care service plans

Requires the State Department of Managed Health Care, on or before July 1, 2003, to adopt regulations that establish an extended geographic accessibility standard for access to health care providers served by a health care service plan in counties with a population of 500,000 or less that have two or fewer health care resource plans providing coverage to the entire county in the commercial market.

Chapter 549, Statutes of 2002

AB 1401 (Thomson-D) Health insurance market

Provides 36 months of Cal-COBRA coverage to individuals with less than that length of coverage under COBRA or Cal-COBRA, and creates a four-year pilot program to provide coverage to the medially uninsurable by implementing changes in the Major Risk Medical Insurance Program and the private individual health insurance market.

Chapter 794, Statutes of 2002

AB 1503 (Nation-D) Health care service plans: mental health

Provides a process by which an enrollee of a health care service plan or an insured of a disability insurer may receive continuing mental health care from a non-participating provider when an employer changes health plans or disability insurer. Makes health care plans and disability insurers that provide coverage for continuing mental health care under this bill immune from liability for acts or omissions of a nonparticipating existing provider to new enrollees or insureds.

Chapter 531, Statutes of 2001

AB 1600 (Keeley-D) Health care provider contracts

Allows any enrollee, subscriber, patient, health care provider or their representatives to file an action for equitable relief from any licensee as to any violation or threatened violation of the Knox-Keene Act. Requires the court to extend for 180 days a plan provider contract under litigation that is scheduled to expire while the litigation is pending, to provide continuing care to enrollees except where the plan is able to terminate the contract on specified grounds.

(Died in Conference)

AB 1801 (Robert Pacheco-R) Health care costs

Creates the Commission on Health Care Cost Review and requires it to study and analyze the potential cost or savings resulting from any proposed legislation that affects the operation of a health care service plan, the impact of proposed legislation on persons in this State without health care coverage, and public policies affecting health care costs and access to health care coverage in California.

(Died in Assembly Health Committee)

AB 1807 (Richman-R) Healthy Families Program

Requires the State Department of Health Services to develop a one-page form for temporary qualification and accelerated enrollment of children in the Healthy Families Program.

(Died in Senate Appropriations Committee)

AB 1816 (Richman-R) Healthy Families Program

Establishes pilot projects to test simplified methods of verifying applicants' income for the Healthy Families Program.

(Died in Assembly Appropriations Committee)

AB 1826 (Migden-D) Health coverage: infertility treatment

Requires a health care service plan and a disability insurer to provide coverage of treatment for infertility on the same terms and conditions as other benefits and without lifetime caps or other restrictions.

(Died in Assembly Health Committee)

AB 1896 (Liu-D) Ovarian cancer coverage

Requires health plans and health care service plans be deemed to provide coverage for the screening and diagnosis of ovarian cancer, including, but not limited to, the appropriate blood tests, a transvaginal sonogram, and a rectovaginal pelvic exam, when medically necessary and consistent with good professional practice.

(Died in Assembly Health Committee)

AB 1902 (Reyes-D) Automobile insurance: damaged child safety restraint system

Requires insurers to determine whether a child passenger restraint system was in use by a child during an accident and to replace the child passenger restraint system.

Chapter 703, Statutes of 2002

AB 1908 (Cohn-D) Long-term care insurance

Allows public employees to contribute funds to the State Public Employees' Retirement System to pay long-term care premiums on their employees' behalf.

Chapter 871, Statutes of 2002

AB 1976 (Cohn-D) Health care service plans

Makes certain types of provisions in a contract between a health care provider and a health care service plan, a specialized health care service plan, or a contracting agent for either type of plan unlawful, void, and unenforceable. Requires a health care service plan to provide an actuary statement that the rate of payment in its contract with a provider is actuarially sound.

(Died in Assembly Health Committee)

AB 1996 (Thomson-D) Health care service plans

Requests the University of California (UC) to assess legislation proposing a mandated benefit or service, and to prepare a written analysis with relevant data on the public health, medical and economic impact of proposed health care service plan and health insurance benefit mandate legislation. Requires, for fiscal years 2002-03 to 2005-06, health plans and insurers to be assessed an annual fee in an amount determined through regulation to fund the actual and necessary expenses of UC in implementing this bill, and caps the total annual assessment on health plans and insurers at $2 million. Sunsets the provisions of this bill January 1, 2007.

Chapter 795, Statutes of 2002

AB 2052 (Goldberg-D) Health insurance: rate changes

Prohibits a health care service plan or health insurer from making any change in premium rates or cost-sharing after acceptance of a contract or after the annual open enrollment period.

Chapter 336, Statutes of 2002

AB 2085 (Corbett-D) Health care

Requires every health care service plan with a web site to provide an online form through its web site that subscribers or enrollees can use to file a grievance online with the plan, as specified.

Chapter 796, Statutes of 2002

AB 2117 (Kehoe-D) Health care service plans

Requires every identification card issued by a health care service plan to enrollees to include the toll-free telephone number for the State Department of Managed Health Care's HMO Help Center. Exempts from this requirement cards used solely for the purpose of obtaining prescription drug benefits.

(Died in Assembly Health Committee)

AB 2135 (Ashburn-R) Healthy Families program

Repeals the authorization for the State Managed Risk Medical Review Board to pay application assistance fees to assist applicants to complete the Healthy Families Program application.

(Failed passage in Assembly Health Committee)

AB 2178 (Goldberg-D) Health care

Extends the requirements placed on health care service plans and health insurers selling to small employers, which currently apply to health plans selling to employers with two to 50 eligible employees, to health plans selling to an employer subject to a local living wage law.

Chapter 649, Statutes of 2002

AB 2179 (Cohn-D) Health care services access

Requires the State Department of Managed Health Care and the State Department of Insurance to develop and adopt regulations to ensure that enrollees have access to needed health care services.

Chapter 797, Statutes of 2002

AB 2420 (Richman-R) Health care service plans

Prohibits a health care service plan contract from requiring or allowing a health care provider to assume or be at any financial risk for specified medications. Permits a health care provider to assume financial risk for those same specified medications after making the request in writing at the time of negotiating an initial contract or renewing a contract with a health plan.

Chapter 798, Statutes of 2002

AB 2422 (Richman-R) Health care service plans

Requires health plans to disclose what percent of their premiums are spent on patient care.

(Failed passage in Assembly Appropriations Committee)

AB 2448 (Dickerson-R) Health care

Extends the requirements placed on health care service plans and health insurers selling to small employers, which currently apply to health plans selling to employers with two to 50 eligible employees, to health plans selling to employers with two to 200 eligible employees. Allows an employer purchasing coverage through the State's now-privatized purchasing pool (known as PacAdvantage) for small employers to be eligible to participate in the purchasing pool if the employer has up to 200 eligible employees.

(Died in Assembly Health Committee)

AB 2464 (Dutra-D) Health care plans: cancer

Requires a health care service plan and a health insurance contract that provide medical and surgical benefits with respect to the treatment of cancer treated by chemotherapy or radiation therapy to provide coverage for a wig or hairpiece necessary for the comfort and dignity of the enrollee or subscriber.

(Died in Assembly Health Committee)

AB 2692 (Oropeza-D) Health care plans: osteoporosis

Requires Medi-Cal, a health care service plan and a health insurance contract to provide coverage for a bone mineral density test if determined to be medically necessary by a qualified individual's physician.

(Died in Assembly Health Committee)

AB 2739 (Chan-D) Health care coverage: multilingual information and services

Requires health plans that contract with the Healthy Families Program and the Medi-Cal managed care program to develop and implement specified policies and procedures for ensuring access to language assistance services for all limited English proficient beneficiaries. Requires compliance by subcontracted providers with these requirements. Requires that the State Managed Risk Medical Insurance Board and the State Department of Health Services ensure compliance with these requirements and submit annual reports regarding the provision of language assistance services.

Vetoed by the Governor

AB 2763 (Pescetti-R) Health care plans: hyperbaric oxygen therapy

Requires Medi-Cal, health care service plans and health insurers to cover hyperbaric oxygen therapy for an acute or chronic brain condition if the treating physician and surgeon determine the therapy would be beneficial for the treatment of the condition.

(Died in Assembly Health Committee)

AB 2884 (Wiggins-D) Health care plans: hearing aids

Requires health care service plans and health insurance contracts that provide hospital, medical, or surgical benefits to provide coverage for hearing aids and related services.

(Died in Assembly Health Committee)

AB 2907 (Cohn-D) Health care contract requirements

Establishes a "Health Care Providers Bill of Rights". Prohibits certain provisions in contracts between a health care service plan or a health insurer and a health care provider.

Chapter 925, Statutes of 2002

A similar bill was AB 1976 (Cohn-D), which died in the Assembly Health Committee.

AJR 27 (Oropeza-D) Social HMOs

Requests the President and Congress of the United States, the federal Department of Health and Human Services, and the Centers for Medicare and Medicaid Services to take various actions with respect to social health maintenance organizations.

Resolution Chapter 29, Statutes of 2002

Earthquake Insurance

SB 706 (Speier-D) California Earthquake Authority

Eliminates unearned premium from the definition of the California Earthquake Authority's usable capital and adds a definition of "unearned premium reserve," as specified.

(Died in Assembly Appropriations Committee)

AB 1182 (Calderon-D) California Earthquake Authority

Expands the authority of the California Earthquake Authority to enter into reinsurance agreements and capital market contracts.

(Died on Assembly Inactive File)

Miscellaneous

SB 170 (Escutia-D) Insurers: data calls

Establishes civil penalties for the failure to comply with specified data calls required by the State Department of Insurance. Specifically, a civil penalty of up to $5,000 for each 30-day period that an insurer is not in compliance. The maximum penalty will increase to $10,000 for each 30-day period that the person is not in compliance, if the violation is willful.

Chapter 1076, Statutes of 2002

SB 526* (Sher-D) Environmental insurance

Permits the Secretary of the California Environmental Protection Agency to solicit bids for state subsidized brownfields insurance without specifying in advance whether one or multiple providers will be selected.

Chapter 37, Statutes of 2002

SB 574 (Polanco-D) Insurance

Allows the State Insurance Commissioner to require insurers to annually report information regarding all community development investments and certain philanthropic grants made in California.

(Died in Assembly Insurance Committee)

Similar legislation was SB 1861 (Alarcon-D), which died in Assembly Insurance Committee.

SB 834 (Escutia-D) Insurers: underserved communities

Requires insurers selling homeowners' multiple peril insurance, commercial multiple peril insurance, fire insurance policies, private automobile liability policies, or private passenger automobile physical damage policies to annually submit to the State Insurance Commissioner for examination on a record of loss experience, per exposure, for each geographic area for examination and a community service statement for each ZIP Code served by the insurer. Establishes civil penalties for failure to comply with a data call.

(Died in Assembly Insurance Committee)

SB 1678 (Polanco-D) Insurance policies: standard fire policy

Defines the measure of indemnity in fire insurance under the open policy. Specifies the measure of recovery on an open policy that requires payment of actual cash value, and specifies the measure of indemnity on an open policy that requires payment of replacement cost for a loss up to the policy limit. Prohibits omissions from the standard form fire insurance policy, unless its provisions are equal to, or more favorable to, the insured as the standard form fire insurance policy.

(Failed passage in Assembly Insurance Committee)

SB 1763 (Ortiz-D) Insurance: mold damage

Requires any specified property or liability insurance policy issued, amended, or renewed on or after January 1, 2003, to cover mold as an ensuing peril, as specified. However, insurers could otherwise exclude mold as a covered peril if the insurer states the exclusion in clear, explicit, and understandable terms.

(Died in Assembly Insurance Committee)

SB 1880 (Machado-D) Multiple employer welfare arrangements

Repeals the January 1, 2004 sunset date on provisions regulating multiple employer welfare arrangements and increases the minimum level of reserves.

Chapter 357, Statutes of 2002

SB 1972 (Polanco-D) Insurance: surplus lines

Permits individuals to place a low cost insurance policy with a non-admitted insurers documented in Mexico through a special line surplus line insurance broker for the sole purpose of covering the costs of shipment and burial of a deceased insured in Mexico, as specified.

(Died in Assembly Insurance Committee)

SB 1974 (Polanco-D) Insurance policies

Allows the State Insurance Commissioner to approve the publication of insurance policies and other related materials in languages other than English.

Chapter 358, Statutes of 2002

SB 1978 (Speier-D) Insurance Commissioner: contributions

Prohibits insurers from making campaign contributions to the State Insurance Commissioner (IC), or any candidate for IC.

(Died in Assembly Elections, Reapportionment and Constitutional Amendments Committee)

SB 1990 (Burton-D) Insurers: rate approval process

Requires the State Department of Insurance (DOI), in consultation with insurers and consumer groups, to conduct a study of the rate approval process relative to improving the expeditiousness of the rate approval process while ensuring sufficient opportunity for adequate review by DOI.

(Died in Senate Insurance Committee)

SB 2093 (Speier-D) Title insurers

Allows the State Department of Insurance to recover administrative expenses incurred relating to the closing of insolvent underwriter title insurers.

Chapter 899, Statutes of 2002

AB 5 (Calderon-D) Insurance rates: reporting insurance

Prohibits an insurer from using credit ratings, credit reports, credit scoring models, or credit information to underwrite, classify, or rate certain property insurance policies.

(Died in Senate Insurance Committee)

AB 273* (Nakano-D) Private mortgage insurance deduction

Allows first-time homebuyers to deduct their private mortgage insurance payments.

(Died in Assembly Revenue and Taxation Committee)

AB 683* (Calderon-D) Insurance: surplus line broker gross premium tax

Excludes from surplus line brokers, for purposes of the installment payment of the gross premium tax, gross premiums paid for finite risk coverage for environmental remediation.

(Died in Assembly Insurance Committee)

AB 1727 (Assembly Insurance Committee) Insurance Commissioner: confidential documents

Establishes provisions regulating retail sales practices, solicitations, advertising, and offers of any insurance product or annuity to a consumer by a depository institution, or any person engaged in those activities at the office of a depository institution or on behalf of a depository institution. Revises the provisions governing the State Insurance Commissioner (IC) or the State Department of Insurance. Provides that the IC may share and receive specified confidential documents, information, or materials with or from certain other regulatory and law enforcement entities and agencies subject to an agreement to maintain confidentiality.

(Died in Assembly Insurance Committee)

AB 1728 (Assembly Insurance Committee) Insurance

Provides that the Bureau of Fraudulent Claims in the State Department of Insurance (DOI) is to be known as the Fraud Division of DOI. Provides that provisions regulating viatical settlements to any person entering into or soliciting viatical settlements. Requires confidentiality of the home addresses of investigative personnel in the DOI.

(Died in Assembly Insurance Committee)

AB 1732 (Assembly Insurance Committee) Insurance premium financing corporations

Repeals the Industrial Loan Law and enacts the Insurance Premium Finance Law, pursuant to which the Commissioner of the State Department Financial Institutions would license and regulate insurance premium financing corporations, which are in the business of advancing money directly or indirectly to an insurer or insurance producer at the request of an insured pursuant to the terms of a premium finance agreement.

(Died at Assembly Desk)

AB 1733 (Assembly Insurance Committee) Title insurance

Provides that, in the absence of case law applying or interpreting a statute governing title insurers, the State Insurance Commissioner shall use the past official actions, rules, practices, correspondence, documents, or other working procedures of the State Department of Insurance in order to interpret and apply that statute.

(Died in Assembly Insurance Committee)

AB 1874 (Horton-D) License renewal

Allows the State Insurance Commissioner to mail license renewal applications to rental car agents and credit insurance agents, as specified.

Chapter 108, Statutes of 2002

AB 2007 (Calderon-D) California Insurance Guarantee Association

Expands the California Insurance Guarantee Association (CIGA) Board of Governors membership by 31 percent, extends the two percent maximum surcharge on insurance premiums payable to CIGA for the purpose of funding payments to injured workers and offer their insured losses caused by insolvent insurance companies through 2007, and lowers the maximum surcharge to one percent, beginning in 2008.

Chapter 431, Statutes of 2002

AB 2142 (Chavez-D) Financial guaranty insurance

Exempts certain obligations, such as asset-backed and mortgage-backed securities, from the requirement that at least 95 percent of a financial guaranty insurer's total net liability be investment grade.

Chapter 84, Statutes of 2002

AB 2144 (Assembly Insurance Committee) Insurance

Requires the California Life and Health Insurance Guarantee Insurance (CLHIGA) to pay all unpaid premiums due for coverage relating to periods before and after the date of an order for liquidation or rehabilitation, if CLHIGA elects to succeed to the rights of the insolvent insurer.

Chapter 140, Statutes of 2002

AB 2169 (Chavez-D) Insurance: annuities

Reduces the minimum legal rate of interest payable to those who purchase deferred annuities during 2003 and 2004 by 50 percent during the life of the contract.

(Died in Senate Insurance Committee)

AB 2354 (Dutra-D) Incorporated insurers: derivative transactions

Updates and revises Insurance Code provisions governing the use of derivative products by insurance companies in California.

Chapter 520, Statutes of 2002

AB 2778 (Calderon-D) Insurance

Allows insurers to make material changes to the mutual funds underlying variable annuity contracts without prior approval of the State Insurance Commissioner. Raises life insurance policies covering funeral or burial expenses sold by life agents with limited licenses from $10,000 to $15,000.

Chapter 347, Statutes of 2002

AB 2856 (Chavez-D) Communications equipment insurance agent license

Creates a limited insurance license for the offer and sale of insurance in connection with, and incidental to, the sale or lease of communications equipment, as defined.

Chapter 437, Statutes of 2002

AB 2911 (Vargas-D) Regulated service contract providers

Creates, in the State Department of Insurance, a regulatory scheme for highly capitalized companies that offer home service contracts.

(Died in Senate Insurance Committee)

AB 2946 (Horton-D) Mortgage guaranty insurers

Revises the annual contributions formula to the contingency reserve of a mortgage guaranty insurer. Deletes references to policyholders surplus and, instead, refers to policyholders position and revises the provisions used to calculate the required policyholders position. Provides that a mortgage guaranty insurer that does not have the required amount of policyholders position shall cease transacting new business until it is in compliance with the requirements.

(Died in Assembly Insurance Committee)

AB 2984 (Assembly Insurance Committee) Insurance sales practices

Enacts insurance sales practice and licensing provisions, as required by the federal Gramm-Leach-Bliley Act, for the state to retain functional control of the licensing and regulation of depository institutions offering insurance products in this state, pursuant to the federal act.

Chapter 203, Statutes of 2002

AB 3000* (Assembly Budget Committee) Department of Insurance: positions

A budget trailer bill which, among other provisions, establishes three new exempt positions in the State Department of Insurance to be appointed by the Governor. The positions are chief executive officer, deputy commissioner for the office of the ombudsman, CEA IV in the administration and licensing services division.

Chapter 1124, Statutes of 2002

AB 3023 (Assembly Insurance Committee) Insurance: unfair practices

Authorizes administrative law judges (ALJs) from the State Department of Insurance (DOI) to hear cases involving allegations of unfair competition or unfair practices under the Insurance Code. Ensures that these ALJs are insulated from supervision by either the legal branch of DOI or the State Insurance Commissioner.

Chapter 709, Statutes of 2002

AJR 61 (Koretz-D) Holocaust insurance claims

Urges the International Commission on Holocaust Era Insurance Claims (ICHEIC), the National Association of Insurance Commissioners, and the State Department of Insurance to take immediate action to encourage insurers to comply with the ICHEIC claims process, and urges ICHEIC insurers to continue to fund the ICHEIC operation. Urges the ICHEIC to advocate more forcefully for claimants, and to do everything it can to require ICHEIC insurers, the German Insurance Association, and the German Foundation to comply with the ICHEIC claims process.

Resolution Chapter 196, Statutes of 2002

Index (in Bill Order)