BILL NUMBER: AB 1461	CHAPTERED  09/30/08

	CHAPTER  630
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2008
	PASSED THE SENATE  AUGUST 13, 2008
	PASSED THE ASSEMBLY  AUGUST 18, 2008
	AMENDED IN SENATE  AUGUST 5, 2008
	AMENDED IN SENATE  JULY 18, 2007
	AMENDED IN ASSEMBLY  JUNE 1, 2007
	AMENDED IN ASSEMBLY  MAY 1, 2007
	AMENDED IN ASSEMBLY  APRIL 16, 2007

INTRODUCED BY   Assembly Member Krekorian

                        FEBRUARY 23, 2007

   An act to amend Section 10369.12 of the Insurance Code, relating
to health insurance.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1461, Krekorian. Health insurance: liability: alcohol and drug
abuse.
   Existing law authorizes a disability policy to provide that the
insurer is not liable for any loss sustained or contracted in
consequence of the insured's being intoxicated or under the influence
of any controlled substance unless administered on the advice of a
physician.
   This bill would exclude a health insurance policy from the
application of the above-described provision, thereby allowing for
insurer liability under those circumstances.


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

  SECTION 1.  Section 10369.12 of the Insurance Code is amended to
read:
   10369.12.  (a) A disability policy may contain a provision in the
form set forth herein.
   Intoxicants and controlled substances: The insurer shall not be
liable for any loss sustained or contracted in consequence of the
insured's being intoxicated or under the influence of any controlled
substance unless administered on the advice of a physician.
   (b) Subdivision (a) shall not apply to a health insurance policy.