BILL NUMBER: AB 219 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 19, 2013
AMENDED IN SENATE JUNE 17, 2013
INTRODUCED BY Assembly Member Perea
(Coauthors: Assembly Members Olsen and Williams)
(Coauthor: Senator Wright)
FEBRUARY 4, 2013
An act to add Section 1367.656 to the Health and Safety Code, and
to add Section 10123.206 to the Insurance Code, relating to health
care coverage.
LEGISLATIVE COUNSEL'S DIGEST
AB 219, as amended, Perea. Health care coverage: cancer treatment.
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 the act a crime. Existing law also provides for the
regulation of health insurers by the Department of Insurance.
Existing law requires health care service plan contracts and health
insurance policies to provide coverage for all generally medically
accepted cancer screening tests and requires those contracts and
policies to also provide coverage for the treatment of breast cancer.
Existing law imposes various requirements on contracts and policies
that cover prescription drug benefits.
This bill would prohibit a large group health care service plan
contract or health insurance policy issued, amended, or renewed on or
after January 1, 2014, and an individual or small group health care
service plan contract or health insurance policy issued, amended, or
renewed on or after January 1, 2015, that provides coverage for
prescribed, orally administered anticancer medications from requiring
an enrollee or insured to pay a total cost-sharing amount of more
than $100 per filled prescription. The bill would provide that
these provisions shall only apply to a high deductible
health plan, as defined, linked to a health savings account once an
, with respect to a high deductible health plan, as
defined, linked to a health savings account, these provisions shall
apply only if the enrollee's or insured's deductible has been
satisfied for the year.
Because a willful violation of the bill's requirements relative to
health care service plans 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1367.656 is added to the Health and Safety
Code, to read:
1367.656. (a) Notwithstanding any other law, a large group health
care service plan contract issued, amended, or renewed on or after
January 1, 2014, that provides coverage for prescribed, orally
administered anticancer medications shall not require an enrollee to
pay a total cost-sharing amount of more than one hundred dollars
($100) per filled prescription.
(b) Notwithstanding any other law, an individual or small group
health care service plan contract issued, amended, or renewed on or
after January 1, 2015, that provides coverage for prescribed, orally
administered anticancer medications shall not require an enrollee to
pay a total cost-sharing amount of more than one hundred dollars
($100) per filled prescription.
(c) This section shall only apply to a high deductible
health plan linked to a health savings account once an enrollee's
deductible has been satisfied for the year. With
respect to a high deductible health plan linked to a health savings
account, this section shall apply only if the enrollee's deductible
has been satisfied for the year. For purposes of this section,
"high deductible health plan" shall have the meaning as that term is
defined in Section 223(c)(2) of Title 26 of the United States Code.
SEC. 2. Section 10123.206 is added to the Insurance Code, to read:
10123.206. (a) Notwithstanding any other law, a large group
health insurance policy issued, amended, or renewed on or after
January 1, 2014, that provides coverage for prescribed, orally
administered anticancer medications shall not require an insured to
pay a total cost-sharing amount of more than one hundred dollars
($100) per filled prescription.
(b) Notwithstanding any other law, an individual or small group
insurance policy issued, amended, or renewed on or after January 1,
2015, that provides coverage for prescribed, orally administered
anticancer medications shall not require an insured to pay a total
cost-sharing amount of more than one hundred dollars ($100) per
filled prescription.
(c) This section shall only apply to a high deductible
health plan linked to a health savings account once an insured's
deductible has been satisfied for the year. With
respect to a high deductible health plan linked to a health savings
account, this section shall apply only if the insured's deductible
has been satisfied for the year. For purposes of this section,
"high deductible health plan" shall have the meaning as that term is
defined in Section 223(c)(2) of Title 26 of the United States 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.