BILL ANALYSIS
AB 2208
Page 1
ASSEMBLY THIRD READING
AB 2208 (Kehoe)
As Amended April 27, 2004
Majority vote
HEALTH 12-5 JUDICIARY 8-3
-----------------------------------------------------------------
|Ayes:|Cohn, Chan, Chavez, |Ayes:|Corbett, Jackson, Laird, |
| |Frommer, Goldberg, | |Lieber, Longville, |
| |Lieber, Montanez, Nakano, | |Montanez, Steinberg, |
| |Negrete McLeod, | |Levine |
| |Ridley-Thomas, Salinas | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Spitzer, Dutton, |Nays:|Harman, Bates, Maddox |
| |Nakanishi, Plescia, | | |
| |Richman | | |
| | | | |
-----------------------------------------------------------------
APPROPRIATIONS 16-4
--------------------------------
|Ayes:|Chu, Berg, Calderon, |
| |Corbett, Correa, |
| |Firebaugh, Goldberg, |
| |Leno, Nation, Negrete |
| |McLeod, Oropeza, Pavley, |
| |Ridley-Thomas, Wesson, |
| |Wiggins, Yee |
| | |
|-----+--------------------------|
|Nays:|Runner, Bates, Daucher, |
| |Keene |
| | |
--------------------------------
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.
AB 2208
Page 2
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 and its
termination only if it also requests verification of marital
status and notification of the dissolution of the marriage.
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 "dependent" with "spouse" when referring to health
benefits.
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
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.
AB 2208
Page 3
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 : According to the Assembly Appropriations
Committee analysis, minor and absorbable costs to the Department
of Managed Health Care and Department of Insurance to enforce
the provisions of this bill. No state fiscal impact to CalPERS
as it currently provides health benefits to domestic partners.
COMMENTS : According to the author, this bill conforms
provisions in the Health and Safety and Insurance Codes 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.
AB 2208 is cosponsored by Insurance Commissioner John Garamendi,
who states AB 2208 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
AB 2208, suggests that lesbian, gay, bisexual, and transgender
(LGBT) Californians are not always covered under their partners'
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. The California
National Organization of Women agrees that AB 2208 would clarify
the law to afford domestic partners equal insurance coverage.
The Capitol Resource Institute (CRI) is opposed to this bill
because they believe it would force private businesses to pay
for same-sex relationships to the same degree as marriage, even
if they have religious or moral convictions against it. In
addition, CRI is concerned that this clarification in the law
will result in higher employer costs. CRI further suggests that
this bill is disrespectful and intolerant of those who believe
homosexuality is wrong.
Analysis Prepared by : Clara Craven / HEALTH / (916) 319-2097
FN: 0005357