BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 156| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ UNFINISHED BUSINESS Bill No: SB 156 Author: Wright (D) Amended: 6/30/09 Vote: 21 SENATE JUDICIARY COMMITTEE : 5-0, 5/12/09 AYES: Corbett, Harman, Florez, Leno, Walters SENATE BANKING, FINANCE, AND INS. COMMITTEE : 11-0, 5/6/09 AYES: Calderon, Cogdill, Correa, Cox, Florez, Harman, Kehoe, Liu, Lowenthal, Padilla, Wolk NO VOTE RECORDED: Runner SENATE FLOOR : 35-0, 5/21/09 AYES: Aanestad, Alquist, Ashburn, Benoit, Calderon, Cogdill, Corbett, Correa, Cox, Denham, DeSaulnier, Ducheny, Dutton, Florez, Hancock, Hollingsworth, Huff, Kehoe, Leno, Liu, Lowenthal, Maldonado, Negrete McLeod, Padilla, Pavley, Runner, Simitian, Steinberg, Strickland, Walters, Wiggins, Wolk, Wright, Wyland, Yee NO VOTE RECORDED: Cedillo, Harman, Oropeza, Romero, Vacancy ASSEMBLY FLOOR : 77-0, 8/20/09 - See last page for vote SUBJECT : Insurance: fraud prevention and detection SOURCE : Los Angeles Attorneys Office DIGEST : This bill authorizes the Insurance Commissioner CONTINUED SB 156 Page 2 to convene meetings with representatives of insurers to discuss suspected or completed acts of insurance fraud. Assembly Amendments specify that only the Insurance Commissioner may call the meeting with insurance representatives instead of both the Insurance Commission or District Attorney, and recast and clarify the liability provisions of the bill. ANALYSIS : Existing law: 1. Imposes upon insurers an obligation to report suspected violations of law to appropriate local law enforcement agencies. 2. Provides immunity from civil liability to insurers who provide information concerning specific instances of insurance fraud in response to a written request from specified law enforcement officials. 3. This provision applies to all classes of insurance fraud other than workers compensation fraud and auto insurance fraud. 4. Information provided to a law enforcement officer pursuant to this law is not a part of any public record and shall not be released until released as part of a criminal or civil proceeding. This bill: 1. States legislative intent that a Department of Insurance Advisory Task Force on Fraud reported in 2008 that insurance fraud costs Californians 15 billion dollars per year, or an average of more than $500 dollars per resident per year, and makes related findings. 2. Authorizes the Insurance Commissioner to convene meetings with representatives of insurance companies to discuss specific information concerning suspected, anticipated, or completed acts of insurance fraud. SB 156 Page 3 3. Specifies that information shared during the course of those meetings regarding specific suspected, anticipated, or completed acts of insurance fraud, in the absence of fraud or malice, shall not make a person subject to civil liability for libel, slander, or any other relevant cause of action. Background In May 2008 the Advisory Task Force on Insurance Fraud of the Department of Insurance issued a report on "Reducing Insurance Fraud in California". Its notable findings included: (1) statewide cost of fraud is over 15 Billion dollars per year or more than 500 dollars per resident; (2)fraud results in higher insurance premiums, higher taxes, higher prices and lower levels of government services; (3) insurance fraud is the second most costly crime in our country, after tax evasion, according to the National Insurance Crime Bureau; (4)there is no stereotype or profile of people who commit insurance fraud and can be committed in many forms by individuals, businesses and criminal organizations. A specific recommendation of the Advisory Task Force was to "strengthen the immunity provisions for companies that report suspected fraud and cooperate in investigations in accordance with the National Association of Insurance Commissioners Insurance Fraud Prevention Model Act. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 8/24/09) Los Angeles District Attorney's Office (source) California Peace Officer's Association California Police Chief's Association Employers' Fraud Task Force Integrated Healthcare Services Personal Insurance Federation of California San Diego District Attorney ARGUMENTS IN SUPPORT : The author's office writes: SB 156 Page 4 "According to a May 2008, report by the Insurance Commissioner's Advisory Task Force on Insurance Fraud, insurance fraud in California totals over $15 billion each year, costing each resident an average of more than $500 per year. Many cases of suspected fraud go undetected or unprosecuted due to a lack of information. The language as introduced is based on the Model Act of the National Association of Insurance Commissioners (NAIC). "These discussions among insurers will be convened by the Department of Insurance or a District Attorney. Because everything occurs in the presence of law enforcement, these discussions will not devolve into conspiracies among insurers. These are not a threat to the legitimate interests of employers, workers, trial attorneys, or medical providers. The purpose of the bill is to allow people who see different parts of a puzzle to put their pieces together to reveal patterns of fraud. It is understandable that someone who is usually on the opposing side from the insurers to be concerned about their acting in concert. These meetings convened by law enforcement will not become conspiracies but will help to fight insurance fraud. The San Diego County District Attorney supports the measure and writes that it "will provide the Department of Insurance and prosecutors with a new tool to help deter and discover insurance fraud." The office "handles hundreds of these cases. Typically, they are complex, time-consuming, and expensive to investigate and prosecute. [SB 156] gives us a specific tool to prevent, detect and investigate these costly crimes by allowing certain persons to share information about fraud while being protected from civil liability." ARGUMENTS IN OPPOSITION : The Consumer Attorneys of California opposes this bill, writing: "This bill would create an unnecessary immunity to protect meetings convened by the Department of Insurance or a district attorney to discuss trends in insurance fraud with private insurers. While we appreciate the desire for frank and open discussions, it is not at all clear why an immunity is necessary. First, we have not heard of any other code section where discussions of this sort are immunized. This SB 156 Page 5 seems a rather novel and sweeping immunity that would be quite unusual. Second, we are not aware of any litigation in this area that should prompt a statutory response; it appears to be addressing a problem that has never arisen. Third, the bill's findings refer to the need to have frank discussions about workers' compensation fraud, yet the bill does not actually cover discussions about workers' compensation. Fourth, the bill immunizes all information shared, including "possible evidence of other criminal activity." This broad language goes well beyond the topic of insurance fraud. ASSEMBLY FLOOR : AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield, Brownley, Buchanan, Caballero, Charles Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight, Krekorian, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande, Niello, Nielsen, John A. Perez, V. Manuel Perez, Portantino, Ruskin, Salas, Saldana, Silva, Skinner, Smyth, Solorio, Audra Strickland, Swanson, Torlakson, Torres, Torrico, Tran, Villines, Yamada NO VOTE RECORDED: Duvall, Bass, Vacancy JJA:do 8/24/09 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****