BILL ANALYSIS
AB 2208
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Date of Hearing: March 30, 2004
ASSEMBLY COMMITTEE ON HEALTH
Rebecca Cohn, Chair
AB 2208 (Kehoe) - As Introduced: February 18, 2004
SUBJECT : Health Care and Insurance Benefits.
SUMMARY : Clarifies existing law that extends health care
benefits to domestic partners. Specifically, this bill :
1)Requires group health care service plans and health insurance
policies to provide equal coverage to the domestic partner of
an employee or subscriber with the same terms and conditions
that are provided to a spouse of an employee or subscriber if
that plan or policy offers spousal benefits;
2)Precludes plans and policies from offering or providing
coverage to a domestic partner that is not equal to that
offered or provided to the spouse of an employee or
subscriber;
3)Allows health care service plans and health insurance policies
to require verification of a domestic partnership only if it
requests verification of marital status;
4)Requires insurance policies to provide coverage for domestic
partners that are equal to the coverage provided to spouses
and precludes a policy from offering to provide coverage for a
domestic partner if that coverage is not equal to that offered
to a spouse;
5)Applies only to plans or policies issued, amended, delivered,
or renewed on or after January 1, 2005;
6)Replaces the "dependent" with "spouse" when referring to
health benefits; and,
7)Renames a policy of "disability" insurance to a policy of
"health" insurance.
EXISTING LAW
1)Requires group health insurance plans and disability insurance
policies to offer coverage to employers or guaranteed
associations, for the domestic partner of an employee or
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subscriber to the same extent and subject to the same terms
and conditions as provided to a dependent of the employee or
subscriber.
2)Defines "domestic partners" as two adults who have chosen to
share in a committed relationship. Establishes domestic
partnerships in California when both persons file a
Declaration of Domestic Partnership with the Secretary of
State. Affords domestic partners the same rights,
protections, benefits, responsibilities, obligations, and
duties as are guaranteed to and imposed upon spouses.
Provides former domestic partners the same rights,
protections, benefits, responsibilities, obligations and
duties to as imposed upon former spouses.
3)Requires every insurance policy that is issued, amended,
delivered or renewed in California to provide coverage for the
domestic partner of an insured or policyholder that is equal
to the same terms and conditions offered to a spouse of an
insured or policy holder.
FISCAL EFFECT : Unknown
COMMENTS :
1)PURPOSE OF THE BILL . According to the author, this bill
conforms provisions in the Health and Safety and Insurance
Codes to the requirements made in AB 205 (Goldberg), Chapter
421, Statutes of 2003. It also brings those provisions in
line with requirements made in existing non-discrimination
provisions that ensure that domestic partners receive the same
insurance coverage and spouses.
2)SUPPORT . The bill is cosponsored by Insurance Commissioner
John Garamendi, who states the bill simply conforms insurance
statutes with AB 205 and establishes a necessary and
consistent standard of non-discrimination in insurance.
Equality California, the other cosponsor of the bill, suggests
that lesbian, gay, bisexual, and transgender (LGBT)
Californians are not always covered under their partner's
insurance policies in the same way spouses are covered. As a
result, LGBT Californians are being denied benefits, paying
discriminatory higher premiums, or being denied coverage.
This bill will affirms existing law by bringing insurance
coverage in line with requirements made under AB 205. The
California National Organization of Women agrees that this
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measure would clarify the law to afford domestic partners
equal insurance coverage.
3)OPPOSITION . The Capitol Resource Institute (CRI) is opposed
to the bill because they believe it would force private
businesses to pay for same-sex relationships to the same
degree as marriage. In addition, CRI is concerned that this
clarification in the law will result in higher employer costs
and force employers to recognize domestic partnerships to the
same degree as marriage, despite religious or moral
convictions against it. CRI further suggests that this bill
is disrespectful and intolerant of those who believe
homosexuality is wrong.
REGISTERED SUPPORT / OPPOSITION :
Support
Equality California (cosponsor)
Insurance Commissioner John Garamendi (cosponsor)
American Civil Liberties Union
California Department of Justice
California Labor Federation
California National Organization of Women
California School Employees Association
Lamda Letters Project
Opposition
Capitol Resource Institute
Analysis Prepared by : Clara Craven / HEALTH / (916) 319-2097