BILL NUMBER: AB 343 INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Solorio FEBRUARY 14, 2007 An act to add Division 1.7 (commencing with Section 1190) to the Health and Safety Code, and to add Chapter 6 (commencing with Section 12699.10) to Part 6.3 of Division 2 of the Insurance Code, relating to health care coverage. LEGISLATIVE COUNSEL'S DIGEST AB 343, as introduced, Solorio. Health care: employer coverage: disclosure. Existing law provides for various programs under which qualified low-income persons are provided health care services. These programs include the Medi-Cal program, which is administered by the State Department of Health Care Services, and the Healthy Families Program and the Access for Infants and Mothers Program, which are administered by the Managed Risk Medical Insurance Board. This bill would require the department and the board, on or before March 15 of each year, to collaborate to transmit to the Legislature a report identifying all employers who employ 25 or more persons who are beneficiaries or who support beneficiaries of these programs, as specified. The bill would also require the department and the board to make the report available to the public as provided in the bill. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Division 1.7 (commencing with Section 1190) is added to the Health and Safety Code, to read: DIVISION 1.7. EMPLOYER HEALTH CARE COVERAGE DISCLOSURE 1190. For purposes of this division, the following definitions shall apply: (a) "Department" means the State Department of Health Care Services. (b) "Employer" includes the employer and any of its subsidiaries at all locations in the state. (c) "Beneficiary" means any individual who is enrolled in a state-funded public health program. (d) "State-funded public health program" means the Medi-Cal program. 1190.1. (a) On or before March 15 of each year, the department shall collaborate with the Managed Risk Medical Insurance Board to transmit to the Legislature one report identifying all employers who employ 25 or more persons who are beneficiaries or who support beneficiaries under state-funded public health programs described in subdivision (d) of Section 1190. (b) The report shall include all of the following: (1) The employer's name. (2) The employer's address. (3) The total number of each employer's employees and any dependents of an employee who are enrolled in each state-funded public health program described in subdivision (d) of Section 1190. (4) The total cost to the state of providing public health care benefits for each identified employer's employees and their dependents. (5) Any information submitted by an employer, whether or not the employer offers health insurance, including information regarding the significant components and features of the coverage, if any, offered by the employer. (c) Employers are not required to submit any information to the department for purposes of this section, but may do so voluntarily. The department shall determine the method used to solicit information from employers. (d) The report shall not include the names of any individual beneficiary under a state-funded public health program described in subdivision (d) of Section 1190 and shall be subject to confidentiality standards established under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA; Public Law 104-191). (e) (1) The department shall make the report prepared pursuant to this section available to the public on the department's Internet Web site. (2) The department shall provide, upon request, a copy of the report to any member of the public and may charge a reasonable fee to cover the cost of providing a copy of the report. (f) Subdivisions (a), (c), (d), (e), and (f) of Section 1094 of the Unemployment Insurance Code do not apply to this section. (g) Nothing in this section shall be construed as requiring the use of the specific medical costs of the actual program beneficiaries for each identified employer. SEC. 2. Chapter 6 (commencing with Section 12699.10) is added to Part 6.3 of Division 2 of the Insurance Code, to read: CHAPTER 6. EMPLOYER HEALTH CARE COVERAGE DISCLOSURE 12699.10. For purposes of this chapter, the following definitions shall apply: (a) "Beneficiary" means any individual who is enrolled in the Healthy Families Program or the Access for Infants and Mothers Program. (b) "Employer" includes the employer and any of its subsidiaries at all locations in the state. 12699.11. (a) On or before March 15 of each year, the board shall collaborate with the State Department of Health Care Services to transmit to the Legislature one report identifying all employers who employ 25 or more persons who are beneficiaries, or who support beneficiaries, under the Healthy Families Program or the Access for Infants and Mothers Program. (b) The report shall include all of the following: (1) The employer's name. (2) The employer's address. (3) The total number of each employer's employees and any dependents of an employee who are enrolled in the Healthy Families Program or the Access for Infants and Mothers Program. (4) The total cost to the state of providing benefits under the Healthy Families Program or the Access for Infants and Mothers Program for each identified employer's employees and their dependents. (5) Any information submitted by an employer, whether or not the employer offers health insurance, including information regarding the significant components and features of the coverage, if any, offered by the employer. (c) Employers are not required to submit any information to the board for purposes of this section, but may do so voluntarily. The board shall determine the method used to solicit information from employers. (d) The report shall not include the names of any individual beneficiary under the Healthy Families Program or the Access for Infants and Mothers Program and shall be subject to confidentiality standards established under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA; Public Law 104-191). (e) (1) The board shall make the report prepared pursuant to this section available to the public on the board's Internet Web site. (2) The board shall provide, upon request, a copy of the report to any member of the public and may charge a reasonable fee to cover the cost of providing a copy of the report. (f) Subdivisions (a), (c), (d), (e), and (f) of Section 1094 of the Unemployment Insurance Code do not apply to this section. (g) Nothing in this section shall be construed as requiring the use of the specific medical costs of the actual program beneficiaries for each identified employer.