BILL NUMBER: SBX8 65	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Huff
   (Coauthor: Senator Wyland)

                        FEBRUARY 16, 2010

   An act to add Section 1349.3 to the Health and Safety Code, and to
add Section 699.6 to the Insurance Code, relating to health care
coverage.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 65, as introduced, Huff. Out-of-state carriers.
   Existing law, the Knox-Keene Health Care Service Plan Act of 1975,
requires, subject to specified exceptions, that a health care
service plan be licensed by the Department of Managed Health Care and
provide basic health care services, as defined, unless exempted from
that requirement by the director of the department. Existing law
also requires, subject to specified exceptions, that an insurer
obtain a certificate of authority from the Insurance Commissioner in
order to transact business in this state and that the insurer operate
in accordance with specified requirements.
   This bill would allow a carrier domiciled in another state to
offer, sell, or renew a health care service plan contract or a health
insurance policy in this state without holding a license issued by
the department or a certificate of authority issued by the
commissioner. The bill would exempt the carrier's plan contract or
policy from requirements otherwise applicable to plans and insurers
providing health care coverage in this state if the plan contract or
policy complies with the domiciliary state's requirements, and the
carrier is lawfully authorized to issue the plan or policy in that
state and to transact business there.
   The California Constitution authorizes the Governor to declare a
fiscal emergency and to call the Legislature into special session for
that purpose. The Governor issued a proclamation declaring a fiscal
emergency, and calling a special session for this purpose, on January
8, 2010.
   This bill would state that it addresses the fiscal emergency
declared by the Governor by proclamation issued on January 8, 2010,
pursuant to the California Constitution.
   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.  Section 1349.3 is added to the Health and Safety Code,
to read:
   1349.3.  (a) Notwithstanding any other provision of law, a carrier
domiciled in another state is exempt from Section 1349, if it meets
the following criteria:
   (1) It offers, sells, or renews a health care service plan
contract in this state that complies with all of the requirements of
the domiciliary state applicable to the plan contract.
   (2) It is authorized to issue the plan contract in the state where
it is domiciled and to transact business there.
   (b) Notwithstanding any other provision of law, a health care
service plan contract offered, sold, or renewed in this state by a
carrier that satisfies the criteria of subdivision (a) is exempt from
all other provisions of this chapter.
  SEC. 2.  Section 699.6 is added to the Insurance Code, to read:
   699.6.  (a) Notwithstanding any other provision of law, a carrier
domiciled in another state is exempt from Section 700, if it meets
the following criteria:
   (1) It offers, sells, or renews a health insurance policy in this
state that complies with all of the requirements of the domiciliary
state applicable to the policy.
   (2) It is authorized to issue the policy in the state where it is
domiciled and to transact business there.
   (b) Notwithstanding any other provision of law, the health
insurance policy offered, sold, or renewed in this state by a carrier
that satisfies the criteria of subdivision (a) is exempt from all
other provisions of this code.
  SEC. 3.  This act addresses the fiscal emergency declared by the
Governor by proclamation on January 8, 2010, pursuant to subdivision
(f) of Section 10 of Article IV of the California Constitution.