BILL ANALYSIS
AB 2208
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CONCURRENCE IN SENATE AMENDMENTS
AB 2208 (Kehoe)
As Amended August 16, 2004
Majority vote
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|ASSEMBLY: |46-31|(May 20, 2004) |SENATE: |23-13|(August 19, |
| | | | | |2004) |
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Original Committee Reference: HEALTH
SUMMARY : This bill enacts the California Insurance Equality Act
which requires group health plans, health insurance, and all
forms of insurance to provide equal coverage to registered
domestic partners.
The Senate amendments :
1)Specify that domestic partners must be registered in order to
receive those benefits.
2)Revise the date for which plans and group health policies
issued, amended, delivered or renewed on or after January 2,
2005 (instead of January 1, 2005) are deemed to provide equal
coverage for registered domestic partners.
3)State legislative intent that, for purposes of this section
"terms," "conditions," and "coverage" do not include instances
of differential treatment of domestic partners and spouses
under federal law.
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
AB 2208
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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.
AS PASSED BY THE ASSEMBLY , this bill clarified existing law that
extends health care benefits to domestic partners by enacting
the California Insurance Equality Act, which requires group
health plans, health insurance, and all forms of insurance to
provide equal coverage to registered domestic partners.
FISCAL EFFECT : The Senate approved this bill pursuant to Senate
Rule 28.8. 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 the
California Public Employees Retirement System as it currently
provides health benefits to domestic partners.
COMMENTS : This bill clarifies provisions in the Health and
Safety and Insurance Codes made in AB 205 (Goldberg), Chapter
421, Statutes of 2003, and brings those provisions in line with
requirements made in existing non-discrimination provisions that
ensure that domestic partners receive the same insurance
coverage as spouses.
Analysis Prepared by : Clara Craven / HEALTH / (916) 319-2097
FN: 0008451