BILL ANALYSIS Ó
AB 792
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CONCURRENCE IN SENATE AMENDMENTS
AB 792 (Bonilla)
As Amended August 24, 2012
Majority vote
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|ASSEMBLY: |50-26|(June 1, 2011) |SENATE: |23-13|(August 29, |
| | | | | |2012) |
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Original Committee Reference: HEALTH
SUMMARY : Establishes notification requirements about the
availability of reduced-cost coverage available in the
California Health Benefit Exchange (Exchange) and no-cost
coverage available in Medi-Cal to an individual filing a
dissolution or nullity of marriage, divorce or separation, or
petitioning for adoption or for an individual who ceases to be
enrolled in health coverage through a health plan or health
insurer.
The Senate amendments :
1)Delete the specific notice language and instead provide a
general requirement that an individual filing (and the
respondent) a petition for dissolution of marriage, divorce,
legal separation, nullity of marriage or in the case of an
adoption, be informed by the court that he or she may be
eligible for reduced-cost coverage through the Exchange or
no-cost coverage through Medi-Cal, that the notice contain
information on obtaining coverage pursuant to those programs,
and be developed by the Exchange.
2)Delete requirements on specified health plans and health
insurers related to notification about health care coverage in
the Exchange, including a requirement to initiate an
application, and instead require health plans and health
insurers providing group and individual coverage to provide
information as described in 1) above, in 12-point type to
individuals who cease to be enrolled, and permit the notice to
be incorporated into or sent simultaneously with and in the
same manner as any other notices sent by the plan or insurer.
3)Delete requirements on employers and others including the
Employment Development Department (EDD) about notifying,
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transferring information, and initiating enrollment in health
coverage, as specified.
AS PASSED BY THE ASSEMBLY , this bill established notification
requirements about the availability of coverage through the
Exchange for individuals who are experiencing certain life
transitions such as divorce, adoption, loss of employment or
loss of health insurance, and initiates an application for
enrollment in the Exchange if the individual consents.
FISCAL EFFECT : According to the Senate Appropriations
Committee, the August 17 amendments remove the requirement on
the EDD to furnish notices and reduce the costs of the bill
accordingly. There would continue to be cost avoidance to the
extent that individuals who would have otherwise enrolled in
state programs such as Major Risk Medical Insurance Program,
Access for Infants and Mothers Program, the Preexisting
Condition Insurance Program, and the AIDS Drug Assistance
Program, purchase health care coverage through the Exchange.
Additionally, there would continue to be significant costs to
the extent that individuals, upon application to the Exchange,
are found eligible for state programs such as those listed above
or Medi-Cal or the Healthy Families Program. As recently
amended, this bill only applies to courts, health plans and
health insurers.
COMMENTS : According to the author, in 2014 and thereafter, a
component of the federal Patient Protection and Affordable Care
Act (PPACA) institutes an individual mandate provision, which
requires everyone to have insurance, and this bill helps ensure
that Californians comply with the individual mandate even when
they are faced with life changing situations such as filing for
unemployment, divorce, adoption, and loss of employment-based
coverage.
Analysis Prepared by : Teri Boughton / HEALTH / (916) 319-2097
FN:
0005681
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