Amended in Assembly May 23, 2014

Amended in Assembly April 22, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1962


Introduced by Assembly Member Skinner

(Coauthors: Assembly Members Bocanegra, Bonilla, Bonta, Holden, Nestande, Pan, Waldron, and Weber)

(Coauthors: Senators Berryhill and Mitchell)

February 19, 2014


An act tobegin delete amend Section 1367.003 of, and toend delete add Section 1367.004begin delete to,end deletebegin insert toend insert the Health and Safety Code, andbegin delete to amend Section 10112.25 of, andend delete to add Section 10112.26begin delete to,end deletebegin insert toend insert the Insurance Code, relating to health care coverage.

LEGISLATIVE COUNSEL’S DIGEST

AB 1962, as amended, Skinner. Dental plans: medical loss ratios:begin delete rebates.end deletebegin insert reports.end insert

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.begin insert Existing law also provides for the regulation of health insurers by the Department of Insurance.end insert Existing law requires a health care service plan or health insurer to comply with specified minimum medical loss ratios and requires a plan or insurer to provide an annual rebate to enrollees and insureds if the ratio of the amount of premium revenue expended by the plan or insurer on specified costs to the total amount of premium revenue is less than a certain percentage. Existing law specifies that these requirements do not apply to specialized health care service plan contracts or specialized health insurance policies.

This bill would requirebegin insert health care services plans that issue, sell, renew, or offerend insert specialized dental health care service plan contracts andbegin insert health insurers that issue, sell, renew, or offerend insert specialized dental health insurance policiesbegin delete to comply with parallel requirements. The bill would authorize the departments to adopt regulations implementing these provisions and would require that those regulations parallel the regulations adopted with respect to full-service plan contracts and policies.end deletebegin insert to, no later than July 31, 2015, and each year thereafter, file a report, to be known as the MLR annual report, with the departments that contains the same information required in the federal Medical Loss Ratio (MLR) Annual Reporting Form. The bill would require the Department of Managed Health Care or the Department of Insurance, as applicable and, if a financial examination is determined to be necessary to verify the representations in the MLR annual report, to provide the health care service plan or health insurer with a notification before conducting the examination, and would require the plan or insurer to electronically submit to the appropriate department specified requested records, books, and papers. The bill would require each of the departments to submit a report to the Legislature by November 1, 2015, and by November 1 of each year thereafter that includes an analysis of the filings. The bill would declare the intent of the Legislature that the data reported pursuant to these provisions be considered by the Legislature in adopting a medical loss ratio standard for health care service plans and health insurers that cover dental services that would take effect no later than January 1, 2018.end insert Because a willful violation of the bill’s requirements by a health care service plan 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:

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 1367.004 is added to the end insertbegin insertHealth and
2Safety Code
end insert
begin insert, to read:end insert

begin insert
3

begin insert1367.004.end insert  

(a) A health care service plan that issues, sells,
4renews, or offers a specialized health care service plan contract
5covering dental services shall, no later than July 31, 2015, and
6each year thereafter, file a report, which shall be known as the
7MLR annual report, with the department that is organized by group
8and product type and contains the same information required in
9the federal Medical Loss Ratio (MLR) Annual Reporting Form
10(CMS-10418).

11(b) The MLR reporting year shall be for the calendar year
12during which dental coverage is provided by the plan. All terms
13used in the MLR annual report shall have the same meaning as
14used in the federal Public Health Service Act (42 U.S.C. Sec.
15300gg-18), Part 158 (commencing with 158.101) of Title 45 of the
16Code of Federal Regulations, and Section 1367.003.

17(c) If the director decides to conduct a financial examination,
18as described in Section 1382, because the director finds it
19necessary to verify the health care service plan’s representations
20in the MLR annual report, the department shall provide the health
21care service plan with a notification 30 days before the
22commencement of the financial examination.

23(d) The health care service plan shall have 30 days from the
24date of notification to electronically submit to the department all
25requested records, books, and papers specified in subdivision (a)
26of Section 1381. The director may extend the time for a health care
27service plan to comply with this subdivision upon a finding of good
28cause.

29(e) The department shall make available to the public all of the
30data provided to the department pursuant to this section.

31(f) (1) The department shall submit a report to the Legislature
32by November 1, 2015, and by November 1 of each year thereafter,
33that includes an analysis of the filings.

34(2) A report to the Legislature pursuant to paragraph (1) shall
35be submitted in compliance with Section 9795 of the Government
36Code.

37(g) This section does not apply to a health care service plan
38contract issued, sold, renewed, or offered for health care services
P4    1or coverage provided in the Medi-Cal program (Chapter 7
2(commencing with Section 14000) of Part 3 of Division 9 of the
3Welfare and Institutions Code), the Healthy Families Program
4(Part 6.2 (commencing with Section 12693) of Division 2 of the
5Insurance Code), the Access for Infants and Mothers Program
6(Part 6.3 (commencing with Section 12695) of Division 2 of the
7Insurance Code), the California Major Risk Medical Insurance
8Program (Part 6.5 (commencing with Section 12700) of Division
92 of the Insurance Code), or the Federal Temporary High Risk
10Insurance Pool (Part 6.6 (commencing with Section 12739.5) of
11Division 2 of the Insurance Code), to the extent consistent with
12the federal Patient Protection and Affordable Care Act (Public
13Law 111-148).

14(h) It is the intent of the Legislature that the data reported
15pursuant to this section be considered by the Legislature in
16adopting a medical loss ratio standard for health care service
17plans that cover dental services that would take effect no later
18than January 1, 2018.

end insert
19begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 10112.26 is added to the end insertbegin insertInsurance Codeend insertbegin insert, to
20read:end insert

begin insert
21

begin insert10112.26.end insert  

(a) A health insurer that issues, sells, renews, or
22offers a specialized health insurance policy covering dental
23services shall, no later than July 31, 2015, and each year
24thereafter, file a report, which shall be known as the MLR annual
25report, with the department that is organized by group and product
26type and contains the same information required in the federal
27Medical Loss Ratio (MLR) Annual Reporting Form (CMS-10418).

28(b) The MLR reporting year shall be for the calendar year
29during which dental coverage is provided by the plan. All terms
30used in the MLR annual report shall have the same meaning as
31used in the federal Public Health Service Act (42 U.S.C. Sec.
32300gg-18) and Part 158 (commencing with 158.101) of Title 45
33of the Code of Federal Regulations.

34(c) If the commissioner decides to conduct an examination, as
35described in Section 730, because the commissioner finds it
36necessary to verify the health insurer’s representations in the MLR
37annual report, the department shall provide the health insurer
38with a notification 30 days before the commencement of the
39examination.

P5    1(d) The health insurer shall have 30 days from the date of
2notification to electronically submit to the department all requested
3records, books, and papers specified in subdivision (a) of Section
4733. The commissioner may extend the time for a health insurer
5to comply with this subdivision upon a finding of good cause.

6(e) The department shall make available to the public all of the
7data provided to the department pursuant to this section.

8(f) (1) The department shall submit a report to the Legislature
9by November 1, 2015, and by November 1 of each year thereafter,
10that includes an analysis of the filings.

11(2) A report to the Legislature pursuant to paragraph (1) shall
12be submitted in compliance with Section 9795 of the Government
13Code.

14(g) This section does not apply to an insurance policy issued,
15sold, renewed, or offered for health care services or coverage
16provided in the Medi-Cal program (Chapter 7 (commencing with
17Section 14000) 15 of Part 3 of Division 9 of the Welfare and
18Institutions Code), the Healthy Families Program (Part 6.2
19(commencing with Section 12693) of Division 2 of the Insurance
20Code), the Access for Infants and Mothers Program (Part 6.3
21(commencing with Section 12695) of Division 2 of the Insurance
22Code), the California Major Risk Medical Insurance Program
23(Part 6.5 (commencing with Section 12700) of Division 2 of the
24Insurance Code), or the Federal Temporary High Risk Insurance
25Pool (Part 6.6 (commencing with Section 12739.5) of Division 2
26of the Insurance Code), to the extent consistent with the federal
27Patient Protection and Affordable Care Act (Public Law 111-148).

28(h) It is the intent of the Legislature that the data reported
29pursuant to this section be considered by the Legislature in
30adopting a medical loss ratio standard for health insurers that
31cover dental services that would take effect no later than January
321, 2018.

end insert
33begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
34Section 6 of Article XIII B of the California Constitution because
35the only costs that may be incurred by a local agency or school
36district will be incurred because this act creates a new crime or
37infraction, eliminates a crime or infraction, or changes the penalty
38for a crime or infraction, within the meaning of Section 17556 of
39the Government Code, or changes the definition of a crime within
P6    1the meaning of Section 6 of Article XIII B of the California
2Constitution.

end insert
begin delete
3

SECTION 1.  

Section 1367.003 of the Health and Safety Code
4 is amended to read:

5

1367.003.  

(a) Every health care service plan that issues, sells,
6renews, or offers health care service plan contracts for health care
7coverage in this state, including a grandfathered health plan, but
8not including specialized health care service plan contracts, except
9as provided in Section 1367.004, shall provide an annual rebate
10to each enrollee under such coverage, on a pro rata basis, if the
11ratio of the amount of premium revenue expended by the health
12care service plan on the costs for reimbursement for clinical
13services provided to enrollees under such coverage and for
14activities that improve health care quality to the total amount of
15premium revenue, excluding federal and state taxes and licensing
16or regulatory fees and after accounting for payments or receipts
17for risk adjustment, risk corridors, and reinsurance, is less than the
18following:

19(1) With respect to a health care service plan offering coverage
20in the large group market, 85 percent.

21(2) With respect to a health care service plan offering coverage
22in the small group market or in the individual market, 80 percent.

23(b) Every health care service plan that issues, sells, renews, or
24offers health care service plan contracts for health care coverage
25in this state, including a grandfathered health plan, shall comply
26with the following minimum medical loss ratios:

27(1) With respect to a health care service plan offering coverage
28in the large group market, 85 percent.

29(2) With respect to a health care service plan offering coverage
30in the small group market or in the individual market, 80 percent.

31(c) (1) The total amount of an annual rebate required under this
32section shall be calculated in an amount equal to the product of
33the following:

34(A) The amount by which the percentage described in paragraph
35(1) or (2) of subdivision (a) exceeds the ratio described in paragraph
36(1) or (2) of subdivision (a).

37(B) The total amount of premium revenue, excluding federal
38and state taxes and licensing or regulatory fees and after accounting
39for payments or receipts for risk adjustment, risk corridors, and
40reinsurance.

P7    1(2) A health care service plan shall provide any rebate owing
2to an enrollee no later than August 1 of the calendar year following
3the year for which the ratio described in subdivision (a) was
4calculated.

5(d) (1) The director may adopt regulations in accordance with
6the Administrative Procedure Act (Chapter 3.5 (commencing with
7Section 11340) of Part 1 of Division 3 of Title 2 of the Government
8Code) that are necessary to implement the medical loss ratio as
9described under Section 2718 of the federal Public Health Service
10Act (42 U.S.C. Sec. 300gg-18), and any federal rules or regulations
11issued under that section.

12(2) The director may also adopt emergency regulations in
13accordance with the Administrative Procedure Act (Chapter 3.5
14(commencing with Section 11340) of Part 1 of Division 3 of Title
152 of the Government Code) when it is necessary to implement the
16applicable provisions of this section and to address specific
17conflicts between state and federal law that prevent implementation
18of federal law and guidance pursuant to Section 2718 of the federal
19Public Health Service Act (42 U.S.C. Sec. 300gg-18). The initial
20adoption of the emergency regulations shall be deemed to be an
21emergency and necessary for the immediate preservation of the
22public peace, health, safety, or general welfare.

23(e) The department shall consult with the Department of
24Insurance in adopting necessary regulations, and in taking any
25other action for the purpose of implementing this section.

26(f) This section shall be implemented to the extent required by
27federal law and shall comply with, and not exceed, the scope of
28Section 2791 of the federal Public Health Service Act (42 U.S.C.
29Sec. 300gg-91) and the requirements of Section 2718 of the federal
30Public Health Service Act (42 U.S.C. Sec. 300gg-18) and any rules
31or regulations issued under those sections.

32(g) Nothing in this section shall be construed to apply to
33provisions of this chapter pertaining to financial statements, assets,
34liabilities, and other accounting items to which subdivision (s) of
35Section 1345 applies.

36(h) Nothing in this section shall be construed to apply to a health
37care service plan contract or insurance policy issued, sold, renewed,
38or offered for health care services or coverage provided in the
39Medi-Cal program (Chapter 7 (commencing with Section 14000)
40of Part 3 of Division 9 of the Welfare and Institutions Code), the
P8    1Healthy Families Program (Part 6.2 (commencing with Section
212693) of Division 2 of the Insurance Code), the Access for Infants
3and Mothers Program (Part 6.3 (commencing with Section 12695)
4of Division 2 of the Insurance Code), the California Major Risk
5Medical Insurance Program (Part 6.5 (commencing with Section
612700) of Division 2 of the Insurance Code), or the Federal
7Temporary High Risk Insurance Pool (Part 6.6 (commencing with
8Section 12739.5) of Division 2 of the Insurance Code), to the extent
9consistent with the federal Patient Protection and Affordable Care
10Act (Public Law 111-148).

11

SEC. 2.  

Section 1367.004 is added to the Health and Safety
12Code
, to read:

13

1367.004.  

(a) A health care service plan that issues, sells,
14renews, or offers a specialized health care service plan contract
15covering dental services shall provide an annual rebate to each
16enrollee under that coverage, on a pro rata basis, if the ratio of the
17amount of premium revenue expended by the health care service
18plan on the costs for reimbursement for clinical services provided
19to enrollees under that coverage and for activities that improve
20dental care quality to the total amount of premium revenue,
21excluding federal and state taxes and licensing or regulatory fees
22and after accounting for payments or receipts for risk adjustment,
23risk corridors, and reinsurance, is less than the following:

24(1) With respect to a health care service plan offering coverage
25in the large group market, 85 percent.

26(2) With respect to a health care service plan offering coverage
27in the small group market or in the individual market, 80 percent.

28(b) A health care service plan that issues, sells, renews, or offers
29specialized health care service plan contracts covering dental
30services in this state shall comply with the following minimum
31medical loss ratios:

32(1) With respect to a health care service plan offering coverage
33in the large group market, 85 percent.

34(2) With respect to a health care service plan offering coverage
35in the small group market or in the individual market, 80 percent.

36(c) (1) The total amount of an annual rebate required under this
37section shall be calculated in an amount equal to the product of
38the following:

P9    1(A) The amount by which the percentage described in paragraph
2(1) or (2) of subdivision (a) exceeds the ratio described in paragraph
3(1) or (2) of subdivision (a).

4(B) The total amount of premium revenue, excluding federal
5and state taxes and licensing or regulatory fees and after accounting
6for payments or receipts for risk adjustment, risk corridors, and
7reinsurance.

8(2) A health care service plan shall provide any rebate owing
9to an enrollee no later than August 1 of the calendar year following
10the year for which the ratio described in subdivision (a) was
11calculated.

12(d) (1) The director may adopt regulations in accordance with
13the Administrative Procedure Act (Chapter 3.5 (commencing with
14Section 11340) of Part 1 of Division 3 of Title 2 of the Government
15Code) that are necessary to implement the medical loss ratio as
16described in this section. The regulations shall parallel the
17regulations adopted under subdivision (d) of Section 1367.003.

18(2) The director may also adopt emergency regulations in
19accordance with the Administrative Procedure Act (Chapter 3.5
20(commencing with Section 11340) of Part 1 of Division 3 of Title
212 of the Government Code) as necessary to implement this section.
22The initial adoption of the emergency regulations shall be deemed
23to be an emergency and necessary for the immediate preservation
24of the public peace, health, safety, or general welfare. The
25emergency regulations shall be parallel to any emergency
26regulations adopted pursuant to subdivision (d) of Section
271367.003.

28(3) The department shall consult with the Department of
29Insurance in adopting necessary regulations, and in taking any
30other action for the purpose of implementing this section.

31(e) Nothing in this section shall be construed to apply to
32provisions of this chapter pertaining to financial statements, assets,
33liabilities, and other accounting items to which subdivision (s) of
34Section 1345 applies.

35(f) Nothing in this section shall be construed to apply to a health
36care service plan contract or insurance policy issued, sold, renewed,
37or offered for health care services or coverage provided in the
38Medi-Cal program (Chapter 7 (commencing with Section 14000)
39of Part 3 of Division 9 of the Welfare and Institutions Code), the
40Healthy Families Program (Part 6.2 (commencing with Section
P10   112693) of Division 2 of the Insurance Code), the Access for Infants
2and Mothers Program (Part 6.3 (commencing with Section 12695)
3of Division 2 of the Insurance Code), the California Major Risk
4Medical Insurance Program (Part 6.5 (commencing with Section
512700) of Division 2 of the Insurance Code), or the Federal
6Temporary High Risk Pool (Part 6.6 (commencing with Section
712739.5) of Division 2 of the Insurance Code).

8

SEC. 3.  

Section 10112.25 of the Insurance Code is amended
9to read:

10

10112.25.  

(a) Every health insurer that issues, sells, renews,
11or offers health insurance policies for health care coverage in this
12state, including a grandfathered health plan, but not including
13specialized health insurance policies, except as provided in Section
1410112.26, shall provide an annual rebate to each insured under
15such coverage, on a pro rata basis, if the ratio of the amount of
16premium revenue expended by the health insurer on the costs for
17reimbursement for clinical services provided to insureds under
18such coverage and for activities that improve health care quality
19to the total amount of premium revenue, excluding federal and
20state taxes and licensing or regulatory fees and after accounting
21for payments or receipts for risk adjustment, risk corridors, and
22reinsurance, is less than the following:

23(1) With respect to a health insurer offering coverage in the
24large group market, 85 percent.

25(2) With respect to a health insurer offering coverage in the
26small group market or in the individual market, 80 percent.

27(b) Every health insurer that issues, sells, renews, or offers health
28insurance policies for health care coverage in this state, including
29a grandfathered health plan, shall comply with the following
30minimum medical loss ratios:

31(1) With respect to a health insurer offering coverage in the
32large group market, 85 percent.

33(2) With respect to a health insurer offering coverage in the
34small group market or in the individual market, 80 percent.

35(c) (1) The total amount of an annual rebate required under this
36section shall be calculated in an amount equal to the product of
37the following:

38(A) The amount by which the percentage described in paragraph
39(1) or (2) of subdivision (a) exceeds the ratio described in paragraph
40(1) or (2) of subdivision (a).

P11   1(B) The total amount of premium revenue, excluding federal
2and state taxes and licensing or regulatory fees and after accounting
3for payments or receipts for risk adjustment, risk corridors, and
4reinsurance.

5(2) A health insurer shall provide any rebate owing to an insured
6no later than August 1 of the calendar year following the year for
7which the ratio described in subdivision (a) was calculated.

8(d) (1) The commissioner may adopt regulations in accordance
9with the Administrative Procedure Act (Chapter 3.5 (commencing
10with Section 11340) of Part 1 of Division 3 of Title 2 of the
11Government Code) that are necessary to implement the medical
12loss ratio as described under Section 2718 of the federal Public
13Health Service Act (42 U.S.C. Sec. 300gg-18), and any federal
14rules or regulations issued under that section.

15(2) The commissioner may also adopt emergency regulations
16in accordance with the Administrative Procedure Act (Chapter 3.5
17(commencing with Section 11340) of Part 1 of Division 3 of Title
182 of the Government Code) when it is necessary to implement the
19applicable provisions of this section and to address specific
20conflicts between state and federal law that prevent implementation
21of federal law and guidance pursuant to Section 2718 of the federal
22Public Health Service Act (42 U.S.C. Sec. 300gg-18). The initial
23adoption of the emergency regulations shall be deemed to be an
24emergency and necessary for the immediate preservation of the
25public peace, health, safety, or general welfare.

26(e) The department shall consult with the Department of
27Managed Health Care in adopting necessary regulations, and in
28taking any other action for the purpose of implementing this
29section.

30(f) This section shall be implemented to the extent required by
31federal law and shall comply with, and not exceed, the scope of
32Section 2791 of the federal Public Health Service Act (42 U.S.C.
33Sec. 300gg-91) and the requirements of Section 2718 of the federal
34Public Health Service Act (42 U.S.C. Sec. 300gg-18) and any rules
35or regulations issued under those sections.

36(g) Nothing in this section shall be construed to apply to a health
37care service plan contract or insurance policy issued, sold, renewed,
38or offered for health care services or coverage provided in the
39Medi-Cal program (Chapter 7 (commencing with Section 14000)
40of Part 3 of Division 9 of the Welfare and Institutions Code), the
P12   1Healthy Families Program (Part 6.2 (commencing with Section
212693)), the Access for Infants and Mothers Program (Part 6.3
3(commencing with Section 12695)), the California Major Risk
4Medical Insurance Program (Part 6.5 (commencing with Section
512700)), or the Federal Temporary High Risk Insurance Pool (Part
66.6 (commencing with Section 12739.5)), to the extent consistent
7with the federal Patient Protection and Affordable Care Act (Public
8Law 111-148).

9

SEC. 4.  

Section 10112.26 is added to the Insurance Code, to
10read:

11

10112.26.  

(a) A health insurer that issues, sells, renews, or
12offers a specialized health insurance policy covering dental services
13shall provide an annual rebate to each insured under that coverage,
14on a pro rata basis, if the ratio of the amount of premium revenue
15expended by the insurer on the costs for reimbursement for clinical
16services provided to insureds under that coverage and for activities
17that improve dental care quality to the total amount of premium
18revenue, excluding federal and state taxes and licensing or
19regulatory fees and after accounting for payments or receipts for
20risk adjustment, risk corridors, and reinsurance, is less than the
21following:

22(1) With respect to a health insurer offering coverage in the
23large group market, 85 percent.

24(2) With respect to a health insurer offering coverage in the
25small group market or in the individual market, 80 percent.

26(b) A health insurer that issues, sells, renews, or offers
27specialized health insurance policies covering dental services in
28this state shall comply with the following minimum medical loss
29ratios:

30(1) With respect to a health insurer offering coverage in the
31large group market, 85 percent.

32(2) With respect to a health insurer offering coverage in the
33small group market or in the individual market, 80 percent.

34(c) (1) The total amount of an annual rebate required under this
35section shall be calculated in an amount equal to the product of
36 the following:

37(A) The amount by which the percentage described in paragraph
38(1) or (2) of subdivision (a) exceeds the ratio described in paragraph
39(1) or (2) of subdivision (a).

P13   1(B) The total amount of premium revenue, excluding federal
2and state taxes and licensing or regulatory fees and after accounting
3for payments or receipts for risk adjustment, risk corridors, and
4reinsurance.

5(2) A health insurer shall provide any rebate owing to an insured
6no later than August 1 of the calendar year following the year for
7which the ratio described in subdivision (a) was calculated.

8(d) (1) The commissioner may adopt regulations in accordance
9with the Administrative Procedure Act (Chapter 3.5 (commencing
10with Section 11340) of Part 1 of Division 3 of Title 2 of the
11Government Code) that are necessary to implement the medical
12loss ratio as described in this section. The regulations shall parallel
13the regulations adopted under subdivision (d) of Section 10112.25.

14(2) The commissioner may also adopt emergency regulations
15in accordance with the Administrative Procedure Act (Chapter 3.5
16(commencing with Section 11340) of Part 1 of Division 3 of Title
172 of the Government Code) as necessary to implement this section.
18The initial adoption of the emergency regulations shall be deemed
19to be an emergency and necessary for the immediate preservation
20of the public peace, health, safety, or general welfare. The
21emergency regulations shall be parallel to any emergency
22regulations adopted pursuant to subdivision (d) of Section
2310112.25.

24(3) The department shall consult with the Department of
25Managed Health Care in adopting necessary regulations, and in
26taking any other action for the purpose of implementing this
27section.

28(e) Nothing in this section shall be construed to apply to
29disability insurance for covered benefits in the single specialized
30area of dental-only health care that pays benefits on a fixed benefit,
31cash payment only basis.

32(f) Nothing in this section shall be construed to apply to a health
33care service plan contract or insurance policy issued, sold, renewed,
34or offered for health care services or coverage provided in the
35Medi-Cal program (Chapter 7 (commencing with Section 14000)
36of Part 3 of Division 9 of the Welfare and Institutions Code), the
37Healthy Families Program (Part 6.2 (commencing with Section
3812693) of Division 2 of the Insurance Code), the Access for Infants
39and Mothers Program (Part 6.3 (commencing with Section 12695)
40of Division 2 of the Insurance Code), the California Major Risk
P14   1Medical Insurance Program (Part 6.5 (commencing with Section
212700) of Division 2 of the Insurance Code), or the Federal
3Temporary High Risk Pool (Part 6.6 (commencing with Section
412739.5) of Division 2 of the Insurance Code).

5

SEC. 5.  

No reimbursement is required by this act pursuant to
6Section 6 of Article XIII B of the California Constitution because
7the only costs that may be incurred by a local agency or school
8district will be incurred because this act creates a new crime or
9infraction, eliminates a crime or infraction, or changes the penalty
10for a crime or infraction, within the meaning of Section 17556 of
11the Government Code, or changes the definition of a crime within
12the meaning of Section 6 of Article XIII B of the California
13Constitution.

end delete


O

    97