BILL NUMBER: AB 373	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Mullin

                        FEBRUARY 14, 2013

   An act to amend Section 21661 of the Government Code, relating to
public employee health benefits.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 373, as introduced, Mullin. Public Employees' Long Term Care
Act.
   The Public Employees' Long Term Care Act requires the Board of
Administration of the Public Employees' Retirement System to contract
with carriers offering long-term care insurance plans for eligible
employees and annuitants, as defined. Existing law requires that
long-term care insurance plans be made available periodically during
open enrollment periods determined by the board.
   This bill would make technical, nonsubstantive changes to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 21661 of the Government Code is amended to
read:
   21661.  (a) The board shall contract with carriers offering
long-term care insurance plans.
   The long-term care insurance plans shall be made available
periodically during open enrollment periods  as  determined
by the board.
   (b) The board shall award contracts to carriers who are qualified
to provide long-term care benefits, and may develop and administer
self-funded long-term care insurance plans. The board may offer one
or more long-term care insurance plans.
   (c) The long-term care insurance plans shall include home,
community, and institutional care and shall, to the extent determined
by the board, provide substantially equivalent coverage to that
required under Chapter 2.6 (commencing with Section 10231) of Part 2
of Division 2 of the Insurance Code, if the carrier has been approved
by the Department of Managed Health Care pursuant to Chapter 2.2
(commencing with Section 1340) of Division 2 of the Health and Safety
Code.
   (d) The classes of persons who shall be eligible to enroll are:
   (1) Active and retired members and annuitants of the Public
Employees' Retirement System, and their spouses, parents, siblings,
and spouses' parents.
   (2) Active and retired members and annuitants of the State
Teachers' Retirement Plan, and their spouses, parents, siblings, and
spouses' parents.
   (3) Active and retired members and annuitants of the Judges'
Retirement System, and their spouses, parents, siblings, and spouses'
parents.
   (4) Active and retired members and annuitants of the Judges'
Retirement System II, and their spouses, parents, siblings, and
spouses' parents.
   (5) Active and retired members and annuitants of the Legislators'
Retirement System, and their spouses, parents, siblings, and spouses'
parents.
   (6) Members of the California Assembly and Senate and their
spouses, parents, siblings, and spouses' parents.
   (7) Active and retired members and annuitants, and other classes
of employees of a public agency that is located in this state, and
their spouses, parents, siblings, and spouses' parents.
   (e) An individual specified in paragraphs (1) to (7), inclusive,
of subdivision (d)  may   shall  not be
eligible unless he or she resides in the United States, its
territories and possessions, or in a country in which a provider
network can be established comparable in quality and effectiveness to
those established in the United States.
   (f) Notwithstanding paragraphs (1) to (7), inclusive, of
subdivision (d),  no   a  person 
may   shall not  be enrolled unless he or she meets
the eligibility and underwriting criteria established by the board.
   (g) Notwithstanding paragraphs (1) to (7), inclusive, of
subdivision (d), enrollment of active employees of the State of
California shall be subject to Section 19867.
   (h) The board shall establish eligibility criteria for enrollment,
establish appropriate underwriting criteria for potential enrollees,
define the scope of covered benefits, define the criteria to receive
benefits, and set any other standards as needed. As used in this
section, "sibling"  shall mean   means  a
sibling who is at least 18 years of age.
   (i) The long-term care insurance plans  may  
shall  not become part of, or subject to, the retirement or
health benefits programs administered by the system.
   (j) For any self-funded long-term care plan developed by the
board, the premiums shall be deposited in the Public Employees'
Long-term Care Fund.