BILL NUMBER: AB 373	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 26, 2013
	PASSED THE ASSEMBLY  APRIL 25, 2013
	AMENDED IN ASSEMBLY  MARCH 19, 2013

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, 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. Existing law
prescribes the classes of people who are eligible to enroll in these
plans.
   This bill would provide that domestic partners and adult children
are eligible to enroll in long-term care plans offered under the
Public Employees' Long-Term Care Act. The bill would specify that
eligibility to enroll in these plans is subject to limitations of
federal law. The bill would authorize the board to expand eligibility
for these plans to all classes of persons who meet relevant
requirements under the act and federal law. The bill would prescribe
certain definitions for these purposes.



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) For purposes of this section:
   (1) "Adult children" means children who are at least 18 years of
age.
   (2) "Domestic partners" means adults in a domestic partnership as
defined in Section 22771.
   (3) "Siblings" means siblings who are at least 18 years of age.
   (4) "Spouses" means parties in a marital relationship recognized
under the Internal Revenue Code, including, but not limited to,
Section 7702B(f)(2) of Title 26 of the United States Code, or any
other applicable authority that governs eligibility for a federally
qualified state long-term care plan.
   (b) 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.
   (c) 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.
   (d) 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.
   (e) Except as prohibited by the Internal Revenue Code, including,
but not limited to, Section 7702B(f)(2) of Title 26 of the United
States Code, or any other authority that governs eligibility for a
federally qualified state long-term care plan, 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, domestic partners,
parents, siblings, adult children, and spouses' parents.
   (2) Active and retired members and annuitants of the State
Teachers' Retirement Plan, and their spouses, domestic partners,
parents, siblings, adult children, and spouses' parents.
   (3) Active and retired members and annuitants of the Judges'
Retirement System, and their spouses, domestic partners, parents,
siblings, adult children, and spouses' parents.
   (4) Active and retired members and annuitants of the Judges'
Retirement System II, and their spouses, domestic partners, parents,
siblings, adult children, and spouses' parents.
   (5) Active and retired members and annuitants of the Legislators'
Retirement System, and their spouses, domestic partners, parents,
adult children, siblings, and spouses' parents.
   (6) Members of the California Assembly and Senate and their
spouses, domestic partners, parents, siblings, adult children, 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, domestic partners, parents, siblings, adult children,
and spouses' parents.
   (f) The board may expand eligibility to all classes of persons who
meet the requirements of this section, applicable provisions of the
Internal Revenue Code, or any other authority that governs
eligibility for a federally qualified state long-term care plan.
   (g) An individual specified in subdivision (e) or (f) 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.
   (h) Notwithstanding subdivision (e) or (f), a person shall not be
enrolled unless he or she meets the eligibility and underwriting
criteria established by the board.
   (i) Notwithstanding subdivision (e) or (f), enrollment of active
employees of the State of California shall be subject to Section
19867.
   (j) 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.
   (k) The long-term care insurance plans shall not become part of,
or subject to, the retirement or health benefits programs
administered by the system.
   (l) 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.