BILL NUMBER: AB 2035	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Coto

                        FEBRUARY 17, 2010

   An act to add Section 1759.11 to the Insurance Code, relating to
health care coverage.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2035, as introduced, Coto. Self-funded dental benefit plans:
administrators.
   Existing law provides for the regulation of insurers by the
Department of Insurance. Existing law requires administrators who
perform certain acts in connection with life or health insurance
coverage or annuities to be registered with the Insurance
Commissioner and to comply with certain other requirements.
   This bill would require an administrator providing administrative
services for a self-funded dental benefit plan to include certain
language in explanation of benefits documents and in forms sent to
claimants in response to claims for benefits.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  The Legislature finds and declares that third-party
administrators of insurance are regulated by the Insurance
Commissioner. Therefore, the requirements of this act constitute a
regulation of insurance within the meaning of subparagraph (A) of
paragraph (2) of subdivision (b) of Section 1144 of Title 29 of the
United States Code.
  SEC. 2.  Section 1759.11 is added to the Insurance Code, to read:
   1759.11.  (a) This section shall only apply to an administrator
who provides administrative services for a self-funded dental benefit
plan otherwise subject to the jurisdiction of the federal
government.
   (b) The administrator shall include the following language or
similar language in explanation of benefits documents and in forms
sent to claimants response to claims for benefits:
    "This dental benefit plan is self-funded and subject to
compliance with the federal Employee Retirement Income Security Act.
As such, it is not subject to state law governing health care
coverage for dental care. Any questions, appeals, or disputes arising
from the payment of a submitted claim should be directed to the
entity providing the coverage, or to the United States Department of
Labor, Office of Participant Assistance. You can contact the Office
of Participant Assistance at ____."
   (c) The administrator shall fill in the blank in the notice
required by subdivision (b) with the appropriate telephone number for
the Office of Participant Assistance.