BILL NUMBER: AB 2275 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 10, 2010
INTRODUCED BY Assembly Member Hayashi
( Coauthor: Senator Aanestad
)
FEBRUARY 18, 2010
An act to amend Section 11011.15 of the Government Code,
relating to state property. An act to add Section
1374.195 to the Health and Safety Code, and to add Section 10120.3 to
the Insurance Code, relating to health care coverage.
LEGISLATIVE COUNSEL'S DIGEST
AB 2275, as amended, Hayashi. State property: inventory.
Dental coverage: noncovered benefits.
Existing law, the Knox-Keene Health Care Service Plan Act of 1975,
provides for the licensure and regulation of health care service
plans by the Department of Managed Health Care, and makes a willful
violation of its provisions a crime. Existing law also provides for
the regulation of health insurers by the Department of Insurance.
Existing law requires contracts between plans or insurers and
providers to be fair and reasonable and requires plans and insurers
to reimburse a claim for covered services within a specified period
of time of receiving the claim.
This bill would, with respect to plan contracts and policies that
cover dental services, prohibit a plan or insurer from requiring a
dentist to accept an amount set by the plan or insurer as payment for
dental care services provided to an enrollee or insured unless the
dental care services are covered services under the plan contract or
policy, as specified.
Because a willful violation of this prohibition by a health care
service plan would be a crime, the bill would impose a state-mandated
local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Existing law requires the Department of General Services to
maintain a complete and accurate statewide inventory of all real
property held by the state and to update it annually, and to
categorize that inventory by agency and geographical location. This
inventory is required to include specified information furnished by
state agencies and the University of California.
This bill would require that this inventory be completed and
updated by January 1 of each year.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1374.195 is added to the
Health and Safety Code , to read:
1374.195. (a) With respect to a health care service plan contract
covering dental services or a specialized health care service plan
contract covering dental services pursuant to this chapter, the plan
shall not require a dentist to accept an amount set by the plan as
payment for dental care services provided to an enrollee unless the
dental care services are covered services under the enrollee's plan
contract.
(b) For purposes of this section, "covered services" means dental
care services for which a reimbursement is available under an
enrollee's plan contract, or for which a reimbursement would be
available but for the application of contractual limitations such as
deductibles, copayments, coinsurance, waiting periods, annual or
lifetime maximums, frequency limitations, alternative benefit
payments, or any other limitation.
(c) This section shall only apply to provider contracts issued,
revised, or renewed on or after January 1, 2011.
(d) This section shall not apply to a discount health plan
provider agreement regulated by the department under subdivision (a)
of Section 1341.
SEC. 2. Section 10120.3 is added to the
Insurance Code , to read:
10120.3. (a) With respect to a health insurance policy covering
dental services or a specialized health insurance policy covering
dental services pursuant to this code, the insurer shall not require
a dentist to accept an amount set by the insurer as payment for
dental care services provided to an insured unless the dental care
services are covered services under the insured's policy.
(b) For purposes of this section, "covered services" means dental
care services for which a reimbursement is available under an insured'
s policy, or for which a reimbursement would be available but for the
application of contractual limitations such as deductibles,
copayments, coinsurance, waiting periods, annual or lifetime
maximums, frequency limitations, alternative benefit payments, or any
other limitation.
(c) This section shall only apply to provider contracts issued,
revised, or renewed on or after January 1, 2011.
(d) This section shall not apply to a discount health plan
provider agreement regulated by the Department of Managed Health Care
under subdivision (a) of Section 1341 of the Health and Safety Code.
SEC. 3. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. Section 11011.15 of the Government
Code is amended to read:
11011.15. (a) The Department of General Services shall maintain a
complete and accurate statewide inventory of all real property held
by the state and categorize that inventory by agency and geographical
location. The inventory shall include all information furnished by
agencies pursuant to subdivision (b) and the University of California
pursuant to Section 11011.17. The inventory shall be completed and
updated by January 1 of each year.
(b) Each agency shall furnish the department, in the format
specified by the department, a record of each parcel of real property
that it possesses. Each agency shall update its real property
holdings through December 31 of the previous year, reflecting any
changes, by July 1 of each year. This record shall include, but is
not limited to, all of the following information:
(1) The location of the property within the state and the county,
the size of the property, including its acreage, and any other
relevant property data that the department deems necessary. This
latter requirement shall be uniformly applied to all agencies.
(2) The date of the acquisition of the real property, if
available.
(3) The manner in which the property was acquired and the purchase
price, if available.
(4) A detailed description of the current uses of the property,
including specific programmatic uses, and whether the property is
fully utilized, partially utilized, or excess, with regard to either
an existing or ongoing program of the agency. The agency shall also
provide a detailed description of every lease, license, or other
agreement relating to the use of the property.
(5) Any projected future uses of the property during the next five
years, as identified pursuant to the five-year infrastructure plan
or the agency's master plan. If the property is not included in the
five-year infrastructure plan or the agency's master plan, or is
identified as partially utilized or excess pursuant to paragraph (4),
the agency shall provide detailed information regarding the need to
continue ownership or management of the property. In the case of land
held for state park use, for which the projected use would exceed a
five-year period, the projected use and estimated date of
construction or use shall be furnished.
(6) A concise description of each major structure located on the
property.
(7) The estimated value of real property declared surplus by the
agency and real property where the agency has not identified a
current or potential use.
(c) The department shall prepare a separate report and shall
update the report annually of all properties declared surplus or
properties with no identified current or projected use. The report
shall be made available upon request.
(d) The head of each agency shall also certify, on or before July
1 annually, that the agency has accurately and completely reported
all property information required by this section and that it has
identified any excess property pursuant to Section 11011. The
Department of General Services shall maintain the certification
notices in a conspicuous place on its Internet Web site.