BILL NUMBER: AB 2345 CHAPTERED
BILL TEXT
CHAPTER 657
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2010
APPROVED BY GOVERNOR SEPTEMBER 30, 2010
PASSED THE SENATE AUGUST 23, 2010
PASSED THE ASSEMBLY AUGUST 24, 2010
AMENDED IN SENATE AUGUST 18, 2010
AMENDED IN SENATE AUGUST 17, 2010
AMENDED IN SENATE JULY 15, 2010
AMENDED IN SENATE JUNE 16, 2010
AMENDED IN ASSEMBLY APRIL 22, 2010
AMENDED IN ASSEMBLY APRIL 8, 2010
INTRODUCED BY Assembly Member De La Torre
FEBRUARY 19, 2010
An act to add Section 1367.002 to the Health and Safety Code, and
to add Section 10112.2 to the Insurance Code, relating to health care
coverage.
LEGISLATIVE COUNSEL'S DIGEST
AB 2345, De La Torre. Health care coverage: preventive services.
Existing law, the federal Patient Protection and Affordable Care
Act (PPACA), enacts various health care coverage market reforms. With
respect to plan years beginning on and after September 23, 2010, the
act requires health insurance issuers to provide coverage, and not
impose cost-sharing requirements, for certain preventive services.
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 that act a crime. Existing law also provides for the
regulation of health insurers by the Department of Insurance.
This bill would require health care service plan contracts and
health insurance policies issued, amended, renewed, or delivered on
or after September 23, 2010, to comply with the provisions of PPACA
regarding coverage of, and cost-sharing for, preventive services and
any rules or regulations issued pursuant to those provisions to the
extent required under federal law. Because a willful violation of
this requirement 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1367.002 is added to the Health and Safety
Code, to read:
1367.002. To the extent required by federal law, a group or
individual health care service plan contract issued, amended,
renewed, or delivered on or after September 23, 2010, shall comply
with Section 2713 of the federal Public Health Service Act (42 U.S.C.
Sec. 300gg-13) and any rules or regulations issued under that
section.
SEC. 2. Section 10112.2 is added to the Insurance Code, to read:
10112.2. To the extent required under federal law, a group or
individual health insurance policy issued, amended, renewed, or
delivered on or after September 23, 2010, shall comply with Section
2713 of the federal Public Health Service Act (42 U.S.C. Sec.
300gg-13) and any rules or regulations issued under that section.
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.