BILL NUMBER: AB 2208	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Kehoe

                        FEBRUARY 18, 2004

   An act to amend Section 1374.58 of the Health and Safety Code, and
to amend Section 10121.7 of, and to add Section 381.5 to, the
Insurance Code, relating to domestic partners.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2208, as introduced, Kehoe.  Health care and insurance
benefits.
   Existing law, the Knox-Keene Health Care Service Plan Act of 1975,
provides for the licensure and regulation of health care service
plans and makes a violation of the act's provisions a crime.
Existing law also provides for the regulation of health insurers and
all other forms of insurance by the Department of Insurance.  Under
existing law, health care service plans and health insurers are
required to offer coverage for the domestic partner of an employee,
subscriber, insured, or policyholder to the same extent and subject
to the same terms and conditions as provided to a dependent of those
persons.
   This bill would require a health care service plan and a health
insurer to provide coverage to the domestic partner of an employee,
subscriber, insured, or policyholder that is equal to the coverage it
provides to the spouse of those persons.  The bill would extend this
requirement to all other forms of insurance regulated by the
Department of Insurance and would deem that all of those policies as
well as health care service plans and health insurance policies
issued, amended, delivered, or renewed in this state on or after
January 1, 2005, provide domestic partner coverage equal to that
provided to spouses.
   Because the bill would specify additional requirements for a
health care service plan, the violation of which would be a crime, it
would impose a state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  This act shall be known and may be cited as the
California Insurance Equity For All Families Act.
  SEC. 2.  Section 1374.58 of the Health and Safety Code is amended
to read:
   1374.58.  (a) A group health care service plan that provides
hospital, medical, or surgical expense benefits shall  offer
  provide equal  coverage to employers or
guaranteed associations, as defined in Section 1357, for the domestic
partner of an employee or subscriber to the same extent, and subject
to the same terms and conditions, as provided to a 
dependent   spouse  of the employee or subscriber,
and shall inform employers and guaranteed associations of 
the availability of  this coverage.   A plan may not
offer or provide coverage for a domestic partner that is not equal to
the coverage provided to the spouse of an employee or subscriber.

   (b) If an employer or guaranteed association has purchased
coverage for  spouses and  domestic partners pursuant to
subdivision (a), a health care service plan that provides hospital,
medical, or surgical expense benefits for employees or subscribers
and their  dependents   spouses  shall
enroll  as a dependent  , upon application by the
employer or group administrator, a domestic partner of an employee or
subscriber in accordance with the terms and conditions of the group
contract that apply generally to all  dependents 
 spouses  under the plan, including coordination of
benefits.
   (c) For purposes of this section, the term "domestic partner"
shall have the same meaning as that term is used in Section 297 of
the Family Code.
   (d)  (1)  A health care service plan may require that the
employee or subscriber verify the status of the domestic partnership
by providing to the plan a copy of a valid Declaration of Domestic
Partnership filed with the Secretary of State pursuant to Section 298
of the Family Code or an equivalent document issued by a local
agency of this state, another state, or a local agency of another
state under which the partnership is created.  The plan may also
require that the employee or subscriber notify the plan upon the
termination of the domestic partnership.  
   (2) Notwithstanding paragraph (1), a health care service plan may
require the information described in that paragraph only if it
requests verification of marital status and notification of its
dissolution. 
   (e) Nothing in this section shall be construed to expand the
requirements of Section 4980B of Title 26 of the United States Code,
Section 1161, and following, of Title 29 of the United States Code,
or Section 300bb-1, and following, of Title 42 of the United States
Code, as added by the Consolidated Omnibus Budget Reconciliation Act
of 1985 (Public Law 99-272), and as those provisions may be later
amended.  
   (f) A plan subject to this section that is issued, amended,
delivered, or renewed in this state on or after January 1, 2005,
shall be deemed to provide coverage for domestic partners that is
equal to the coverage provided to a spouse of an employee or
subscriber. 
  SEC. 3.  Section 381.5 is added to the Insurance Code, to read:
   381.5.  (a) Every policy issued, amended, delivered, or renewed in
this state shall provide coverage for the domestic partner of an
insured or policyholder that is equal to, and subject to the same
terms and conditions as, the coverage provided to a spouse of an
insured or policyholder.  A policy may not offer or provide coverage
for a domestic partner if it is not equal to the coverage provided
for the spouse of an insured or policyholder.  This subdivision
applies to all forms of insurance regulated by this code.
   (b) A policy subject to this section that is issued, amended,
delivered, or renewed in this state on or after January 1, 2005,
shall be deemed to provide coverage for domestic partners that is
equal to the coverage provided to a spouse of an insured or
policyholder.
  SEC. 4.  Section 10121.7 of the Insurance Code is amended to read:

   10121.7.  (a) A policy of group  disability  
health  insurance that provides hospital, medical, or surgical
expense benefits shall  offer   provide equal
 coverage to employers or guaranteed associations, as defined in
Section 10700, for the domestic partner of an employee, insured, or
policyholder to the same extent, and subject to the same terms and
conditions, as provided to a  dependent   spouse
 of the employee, insured, or policyholder, and shall inform
employers and guaranteed associations of  the availability of
 this coverage.   A policy may not offer or provide
coverage for a domestic partner that is not equal to the coverage
provided to the spouse of an employee, insured, or policyholder.

   (b) If an employer or guaranteed association has purchased
coverage for  spouses and  domestic partners pursuant to
subdivision (a), a  disability   health 
insurer that provides hospital, medical, or surgical expense benefits
for employees, insureds, or policyholders and their 
dependents   spouses  shall enroll  as a
dependent  , upon application by the employer or group
administrator, a domestic partner of the employee, insured, or
policyholder in accordance with the terms and conditions of the group
contract that apply generally to all  dependents 
 spouses  under the policy, including coordination of
benefits.
   (c) For purposes of this section, the term "domestic partner"
shall have the same meaning as that term is used in Section 297 of
the Family Code.
   (d)  (1)  A policy of group  disability 
 health  insurance may require that the employee, insured,
or policyholder verify the status of the domestic partnership by
providing to the insurer a copy of a valid Declaration of Domestic
Partnership filed with the Secretary of State pursuant to Section 298
of the Family Code or an equivalent document issued by a local
agency of this state, another state, or a local agency of another
state under which the partnership is created.  The policy may also
require that the employee, insured, or policyholder notify the
insurer upon the termination of the domestic partnership. 
   (2) Notwithstanding paragraph (1), a policy may require the
information described in that paragraph only if it requests
verification of marital status and notification of its dissolution.

   (e) Nothing in this section shall be construed to expand the
requirements of Section 4980B of Title 26 of the United States Code,
Section 1161, and following, of Title 29 of the United States Code,
or Section 300bb-1, and following, of Title 42 of the United States
Code, as added by the Consolidated Omnibus Budget Reconciliation Act
of 1985 (Public Law 99-272), and as those provisions may be later
amended.  
   (f) A group health insurance policy subject to this section that
is issued, amended, delivered, or renewed in this state on or after
January 1, 2005, shall be deemed to provide coverage for domestic
partners that is equal to the coverage provided to a spouse of an
employee, insured, or policyholder. 
  SEC. 5.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.