Amended in Assembly May 8, 2014

Amended in Assembly May 1, 2014

Amended in Assembly April 9, 2014

Amended in Senate February 14, 2013

Senate BillNo. 20


Introduced by Senator Hernandez

December 3, 2012


An act to amend Section 1399.849 of the Health and Safety Code, and to amend Section 10965.3 of the Insurance Code, relating to health care coveragebegin insert, and declaring the urgency thereof, to take effect immediatelyend insert.

LEGISLATIVE COUNSEL’S DIGEST

SB 20, as amended, Hernandez. Individual health care coverage: enrollment periods.

Existing federal law, the federal Patient Protection and Affordable Care Act (PPACA), enacts various health care coverage market reforms that take effect January 1, 2014. Among other things, PPACA requires each health insurance issuer that offers health insurance coverage in the individual or group market in a state to accept every employer and individual in the state that applies for that coverage and to renew that coverage at the option of the plan sponsor or the individual.

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 a health care service plan or health insurer, on and after October 1, 2013, to offer, market, and sell all of the plan’s insurer’s health benefit plans that are sold in the individual market for policy years on or after January 1, 2014, to all individuals and dependents in each service area in which the plan or insurer provides or arranges for the provision of health care services, as specified, but requires plans and insurers to limit enrollment in individual health benefit plans to specified open enrollment and special enrollment periods. Existing law requires a plan or insurer to provide an initial open enrollment period from October 1, 2013, to March 31, 2014, inclusive, and annual enrollment periods for plan years on or after January 1, 2015, from October 15 to December 7, inclusive, of the preceding calendar year.

This bill would require a plan or insurer to provide an annual enrollment period for the policy year beginning on January 1, 2015, from November 15, 2014, to February 15, 2015, inclusive.

Because a willful violation of that requirement 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.

begin insert

This bill would declare that it is to take effect immediately as an urgency statute.

end insert

Vote: begin deletemajority end deletebegin insert23end insert. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 1399.849 of the Health and Safety Code
2 is amended to read:

3

1399.849.  

(a) (1) On and after October 1, 2013, a plan shall
4fairly and affirmatively offer, market, and sell all of the plan’s
5health benefit plans that are sold in the individual market for policy
6years on or after January 1, 2014, to all individuals and dependents
7in each service area in which the plan provides or arranges for the
8provision of health care services. A plan shall limit enrollment in
9individual health benefit plans to open enrollment periods, annual
10enrollment periods, and special enrollment periods as provided in
11subdivisions (c) and (d).

P3    1(2) A plan shall allow the subscriber of an individual health
2benefit plan to add a dependent to the subscriber’s plan at the
3option of the subscriber, consistent with the open enrollment,
4annual enrollment, and special enrollment period requirements in
5this section.

6(b) An individual health benefit plan issued, amended, or
7renewed on or after January 1, 2014, shall not impose any
8preexisting condition provision upon any individual.

9(c) (1) A plan shall provide an initial open enrollment period
10from October 1, 2013, to March 31, 2014, inclusive, an annual
11enrollment period for the policy year beginning on January 1, 2015,
12from November 15, 2014, to February 15, 2015, inclusive, and
13annual enrollment periods for policy years beginning on or after
14January 1, 2016, from October 15 to December 7, inclusive, of the
15preceding calendar year.

16(2) Pursuant to Section 147.104(b)(2) of Title 45 of the Code
17of Federal Regulations, for individuals enrolled in noncalendar
18year individual health plan contracts, a plan shall also provide a
19limited open enrollment period beginning on the date that is 30
20calendar days prior to the date the policy year ends in 2014.

21(d) (1) Subject to paragraph (2), commencing January 1, 2014,
22a plan shall allow an individual to enroll in or change individual
23health benefit plans as a result of the following triggering events:

24(A) He or she or his or her dependent loses minimum essential
25coverage. For purposes of this paragraph, the following definitions
26shall apply:

27(i) “Minimum essential coverage” has the same meaning as that
28term is defined in subsection (f) of Section 5000A of the Internal
29Revenue Code (26 U.S.C. Sec. 5000A).

30(ii) “Loss of minimum essential coverage” includes, but is not
31limited to, loss of that coverage due to the circumstances described
32in Section 54.9801-6(a)(3)(i) to (iii), inclusive, of Title 26 of the
33Code of Federal Regulations and the circumstances described in
34Section 1163 of Title 29 of the United States Code. “Loss of
35minimum essential coverage” also includes loss of that coverage
36for a reason that is not due to the fault of the individual.

37(iii) “Loss of minimum essential coverage” does not include
38loss of that coverage due to the individual’s failure to pay
39premiums on a timely basis or situations allowing for a rescission,
40subject to clause (ii) and Sections 1389.7 and 1389.21.

P4    1(B) He or she gains a dependent or becomes a dependent.

2(C) He or she is mandated to be covered as a dependent pursuant
3to a valid state or federal court order.

4(D) He or she has been released from incarceration.

5(E) His or her health coverage issuer substantially violated a
6material provision of the health coverage contract.

7(F) He or she gains access to new health benefit plans as a result
8of a permanent move.

9(G) He or she was receiving services from a contracting provider
10under another health benefit plan, as defined in Section 1399.845
11or Section 10965 of the Insurance Code, for one of the conditions
12described in subdivision (c) of Section 1373.96 and that provider
13is no longer participating in the health benefit plan.

14(H) He or she demonstrates to the Exchange, with respect to
15health benefit plans offered through the Exchange, or to the
16department, with respect to health benefit plans offered outside
17the Exchange, that he or she did not enroll in a health benefit plan
18during the immediately preceding enrollment period available to
19the individual because he or she was misinformed that he or she
20was covered under minimum essential coverage.

21(I) He or she is a member of the reserve forces of the United
22States military returning from active duty or a member of the
23California National Guard returning from active duty service under
24Title 32 of the United States Code.

25(J) With respect to individual health benefit plans offered
26through the Exchange, in addition to the triggering events listed
27in this paragraph, any other events listed in Section 155.420(d) of
28Title 45 of the Code of Federal Regulations.

29(2) With respect to individual health benefit plans offered
30outside the Exchange, an individual shall have 60 days from the
31date of a triggering event identified in paragraph (1) to apply for
32coverage from a health care service plan subject to this section.
33With respect to individual health benefit plans offered through the
34Exchange, an individual shall have 60 days from the date of a
35triggering event identified in paragraph (1) to select a plan offered
36through the Exchange, unless a longer period is provided in Part
37155 (commencing with Section 155.10) of Subchapter B of Subtitle
38A of Title 45 of the Code of Federal Regulations.

39(e) With respect to individual health benefit plans offered
40through the Exchange, the effective date of coverage required
P5    1pursuant to this section shall be consistent with the dates specified
2in Section 155.410 or 155.420 of Title 45 of the Code of Federal
3Regulations, as applicable. A dependent who is a registered
4domestic partner pursuant to Section 297 of the Family Code shall
5have the same effective date of coverage as a spouse.

6(f) With respect to individual health benefit plans offered outside
7the Exchange, the following provisions shall apply:

8(1) After an individual submits a completed application form
9for a plan contract, the health care service plan shall, within 30
10days, notify the individual of the individual’s actual premium
11charges for that plan established in accordance with Section
121399.855. The individual shall have 30 days in which to exercise
13the right to buy coverage at the quoted premium charges.

14(2) With respect to an individual health benefit plan for which
15an individual applies during the initial open enrollment period
16described in subdivision (c), when the subscriber submits a
17premium payment, based on the quoted premium charges, and that
18payment is delivered or postmarked, whichever occurs earlier, by
19December 15, 2013, coverage under the individual health benefit
20plan shall become effective no later than January 1, 2014. When
21that payment is delivered or postmarked within the first 15 days
22of any subsequent month, coverage shall become effective no later
23than the first day of the following month. When that payment is
24delivered or postmarked between December 16, 2013, and
25December 31, 2013, inclusive, or after the 15th day of any
26subsequent month, coverage shall become effective no later than
27the first day of the second month following delivery or postmark
28of the payment.

29(3) With respect to an individual health benefit plan for which
30an individual applies during the annual open enrollment period
31described in subdivision (c), when the individual submits a
32premium payment, based on the quoted premium charges, and that
33payment is delivered or postmarked, whichever occurs later, by
34December 15, coverage shall become effective as of the following
35January 1. When that payment is delivered or postmarked within
36the first 15 days of any subsequent month, coverage shall become
37effective no later than the first day of the following month. When
38that payment is delivered or postmarked between December 16
39and December 31, inclusive, or after the 15th day of any subsequent
40month, coverage shall become effective no later than the first day
P6    1of the second month following delivery or postmark of the
2payment.

3(4) With respect to an individual health benefit plan for which
4an individual applies during a special enrollment period described
5in subdivision (d), the following provisions shall apply:

6(A) When the individual submits a premium payment, based
7on the quoted premium charges, and that payment is delivered or
8postmarked, whichever occurs earlier, within the first 15 days of
9the month, coverage under the plan shall become effective no later
10than the first day of the following month. When the premium
11payment is neither delivered nor postmarked until after the 15th
12day of the month, coverage shall become effective no later than
13the first day of the second month following delivery or postmark
14of the payment.

15(B) Notwithstanding subparagraph (A), in the case of a birth,
16adoption, or placement for adoption, the coverage shall be effective
17on the date of birth, adoption, or placement for adoption.

18(C) Notwithstanding subparagraph (A), in the case of marriage
19or becoming a registered domestic partner or in the case where a
20qualified individual loses minimum essential coverage, the
21coverage effective date shall be the first day of the month following
22the date the plan receives the request for special enrollment.

23(g) (1) A health care service plan shall not establish rules for
24eligibility, including continued eligibility, of any individual to
25enroll under the terms of an individual health benefit plan based
26on any of the following factors:

27(A) Health status.

28(B) Medical condition, including physical and mental illnesses.

29(C) Claims experience.

30(D) Receipt of health care.

31(E) Medical history.

32(F) Genetic information.

33(G) Evidence of insurability, including conditions arising out
34of acts of domestic violence.

35(H) Disability.

36(I) Any other health status-related factor as determined by any
37federal regulations, rules, or guidance issued pursuant to Section
382705 of the federal Public Health Service Act.

39(2) Notwithstanding Section 1389.1, a health care service plan
40shall not require an individual applicant or his or her dependent
P7    1to fill out a health assessment or medical questionnaire prior to
2enrollment under an individual health benefit plan. A health care
3service plan shall not acquire or request information that relates
4to a health status-related factor from the applicant or his or her
5dependent or any other source prior to enrollment of the individual.

6(h) (1) A health care service plan shall consider as a single risk
7pool for rating purposes in the individual market the claims
8experience of all insureds and enrollees in all nongrandfathered
9individual health benefit plans offered by that health care service
10plan in this state, whether offered as health care service plan
11contracts or individual health insurance policies, including those
12insureds and enrollees who enroll in individual coverage through
13the Exchange and insureds and enrollees who enroll in individual
14coverage outside of the Exchange. Student health insurance
15coverage, as that coverage is defined in Section 147.145(a) of Title
1645 of the Code of Federal Regulations, shall not be included in a
17health care service plan’s single risk pool for individual coverage.

18(2) Each calendar year, a health care service plan shall establish
19an index rate for the individual market in the state based on the
20total combined claims costs for providing essential health benefits,
21as defined pursuant to Section 1302 of PPACA, within the single
22risk pool required under paragraph (1). The index rate shall be
23adjusted on a marketwide basis based on the total expected
24marketwide payments and charges under the risk adjustment and
25reinsurance programs established for the state pursuant to Sections
261343 and 1341 of PPACA. The premium rate for all of the health
27care service plan’s health benefit plans in the individual market
28shall use the applicable index rate, as adjusted for total expected
29marketwide payments and charges under the risk adjustment and
30reinsurance programs established for the state pursuant to Sections
31 1343 and 1341 of PPACA, subject only to the adjustments
32permitted under paragraph (3).

33(3) A health care service plan may vary premium rates for a
34particular health benefit plan from its index rate based only on the
35following actuarially justified plan-specific factors:

36(A) The actuarial value and cost-sharing design of the health
37benefit plan.

38(B) The health benefit plan’s provider network, delivery system
39characteristics, and utilization management practices.

P8    1(C) The benefits provided under the health benefit plan that are
2in addition to the essential health benefits, as defined pursuant to
3Section 1302 of PPACA and Section 1367.005. These additional
4 benefits shall be pooled with similar benefits within the single risk
5pool required under paragraph (1) and the claims experience from
6those benefits shall be utilized to determine rate variations for
7plans that offer those benefits in addition to essential health
8benefits.

9(D) With respect to catastrophic plans, as described in subsection
10(e) of Section 1302 of PPACA, the expected impact of the specific
11eligibility categories for those plans.

12(E) Administrative costs, excluding user fees required by the
13Exchange.

14(i) This section shall only apply with respect to individual health
15benefit plans for policy years on or after January 1, 2014.

16(j) This section shall not apply to an individual health benefit
17plan that is a grandfathered health plan.

18(k) If Section 5000A of the Internal Revenue Code, as added
19by Section 1501 of PPACA, is repealed or amended to no longer
20apply to the individual market, as defined in Section 2791 of the
21federal Public Health Service Act (42 U.S.C. Sec. 300gg-91),
22subdivisions (a), (b), and (g) shall become inoperative 12 months
23after that repeal or amendment.

24

SEC. 2.  

Section 10965.3 of the Insurance Code is amended to
25read:

26

10965.3.  

(a) (1) On and after October 1, 2013, a health insurer
27shall fairly and affirmatively offer, market, and sell all of the
28insurer’s health benefit plans that are sold in the individual market
29for policy years on or after January 1, 2014, to all individuals and
30dependents in each service area in which the insurer provides or
31arranges for the provision of health care services. A health insurer
32shall limit enrollment in individual health benefit plans to open
33enrollment periods, annual enrollment periods, and special
34enrollment periods as provided in subdivisions (c) and (d).

35(2) A health insurer shall allow the policyholder of an individual
36health benefit plan to add a dependent to the policyholder’s health
37benefit plan at the option of the policyholder, consistent with the
38open enrollment, annual enrollment, and special enrollment period
39requirements in this section.

P9    1(b) An individual health benefit plan issued, amended, or
2renewed on or after January 1, 2014, shall not impose any
3preexisting condition provision upon any individual.

4(c) (1) A health insurer shall provide an initial open enrollment
5period from October 1, 2013, to March 31, 2014, inclusive, an
6annual enrollment period for the policy year beginning on January
71, 2015, from November 15, 2014, to February 15, 2015, inclusive,
8and annual enrollment periods for policy years beginning on or
9after January 1, 2016, from October 15 to December 7, inclusive,
10of the preceding calendar year.

11(2) Pursuant to Section 147.104(b)(2) of Title 45 of the Code
12of Federal Regulations, for individuals enrolled in noncalendar-year
13individual health plan contracts, a health insurer shall also provide
14a limited open enrollment period beginning on the date that is 30
15calendar days prior to the date the policy year ends in 2014.

16(d) (1) Subject to paragraph (2), commencing January 1, 2014,
17a health insurer shall allow an individual to enroll in or change
18individual health benefit plans as a result of the following triggering
19events:

20(A) He or she or his or her dependent loses minimum essential
21coverage. For purposes of this paragraph, both of the following
22definitions shall apply:

23(i) “Minimum essential coverage” has the same meaning as that
24term is defined in subsection (f) of Section 5000A of the Internal
25Revenue Code (26 U.S.C. Sec. 5000A).

26(ii) “Loss of minimum essential coverage” includes, but is not
27limited to, loss of that coverage due to the circumstances described
28in Section 54.9801-6(a)(3)(i) to (iii), inclusive, of Title 26 of the
29Code of Federal Regulations and the circumstances described in
30Section 1163 of Title 29 of the United States Code. “Loss of
31minimum essential coverage” also includes loss of that coverage
32for a reason that is not due to the fault of the individual.

33(iii) “Loss of minimum essential coverage” does not include
34loss of that coverage due to the individual’s failure to pay
35premiums on a timely basis or situations allowing for a rescission,
36subject to clause (ii) and Sections 10119.2 and 10384.17.

37(B) He or she gains a dependent or becomes a dependent.

38(C) He or she is mandated to be covered as a dependent pursuant
39to a valid state or federal court order.

40(D) He or she has been released from incarceration.

P10   1(E) His or her health coverage issuer substantially violated a
2material provision of the health coverage contract.

3(F) He or she gains access to new health benefit plans as a result
4of a permanent move.

5(G) He or she was receiving services from a contracting provider
6under another health benefit plan, as defined in Section 10965 or
7Section 1399.845 of the Health and Safety Code, for one of the
8conditions described in subdivision (a) of Section 10133.56 and
9that provider is no longer participating in the health benefit plan.

10(H) He or she demonstrates to the Exchange, with respect to
11health benefit plans offered through the Exchange, or to the
12department, with respect to health benefit plans offered outside
13the Exchange, that he or she did not enroll in a health benefit plan
14during the immediately preceding enrollment period available to
15the individual because he or she was misinformed that he or she
16was covered under minimum essential coverage.

17(I) He or she is a member of the reserve forces of the United
18States military returning from active duty or a member of the
19California National Guard returning from active duty service under
20Title 32 of the United States Code.

21(J) With respect to individual health benefit plans offered
22through the Exchange, in addition to the triggering events listed
23in this paragraph, any other events listed in Section 155.420(d) of
24Title 45 of the Code of Federal Regulations.

25(2) With respect to individual health benefit plans offered
26outside the Exchange, an individual shall have 60 days from the
27date of a triggering event identified in paragraph (1) to apply for
28coverage from a health care service plan subject to this section.
29With respect to individual health benefit plans offered through the
30Exchange, an individual shall have 60 days from the date of a
31triggering event identified in paragraph (1) to select a plan offered
32through the Exchange, unless a longer period is provided in Part
33155 (commencing with Section 155.10) of Subchapter B of Subtitle
34A of Title 45 of the Code of Federal Regulations.

35(e) With respect to individual health benefit plans offered
36through the Exchange, the effective date of coverage required
37pursuant to this section shall be consistent with the dates specified
38in Section 155.410 or 155.420 of Title 45 of the Code of Federal
39Regulations, as applicable. A dependent who is a registered
P11   1domestic partner pursuant to Section 297 of the Family Code shall
2have the same effective date of coverage as a spouse.

3(f) With respect to an individual health benefit plan offered
4outside the Exchange, the following provisions shall apply:

5(1) After an individual submits a completed application form
6for a plan, the insurer shall, within 30 days, notify the individual
7of the individual’s actual premium charges for that plan established
8in accordance with Section 10965.9. The individual shall have 30
9days in which to exercise the right to buy coverage at the quoted
10premium charges.

11(2) With respect to an individual health benefit plan for which
12an individual applies during the initial open enrollment period
13described in subdivision (c), when the policyholder submits a
14premium payment, based on the quoted premium charges, and that
15payment is delivered or postmarked, whichever occurs earlier, by
16December 15, 2013, coverage under the individual health benefit
17plan shall become effective no later than January 1, 2014. When
18that payment is delivered or postmarked within the first 15 days
19of any subsequent month, coverage shall become effective no later
20than the first day of the following month. When that payment is
21 delivered or postmarked between December 16, 2013, and
22December 31, 2013, inclusive, or after the 15th day of any
23subsequent month, coverage shall become effective no later than
24the first day of the second month following delivery or postmark
25of the payment.

26(3) With respect to an individual health benefit plan for which
27an individual applies during the annual open enrollment period
28described in subdivision (c), when the individual submits a
29premium payment, based on the quoted premium charges, and that
30payment is delivered or postmarked, whichever occurs later, by
31December 15, coverage shall become effective as of the following
32January 1. When that payment is delivered or postmarked within
33the first 15 days of any subsequent month, coverage shall become
34effective no later than the first day of the following month. When
35that payment is delivered or postmarked between December 16
36and December 31, inclusive, or after the 15th day of any subsequent
37month, coverage shall become effective no later than the first day
38of the second month following delivery or postmark of the
39payment.

P12   1(4) With respect to an individual health benefit plan for which
2an individual applies during a special enrollment period described
3in subdivision (d), the following provisions shall apply:

4(A) When the individual submits a premium payment, based
5on the quoted premium charges, and that payment is delivered or
6postmarked, whichever occurs earlier, within the first 15 days of
7the month, coverage under the plan shall become effective no later
8than the first day of the following month. When the premium
9payment is neither delivered nor postmarked until after the 15th
10day of the month, coverage shall become effective no later than
11the first day of the second month following delivery or postmark
12of the payment.

13(B) Notwithstanding subparagraph (A), in the case of a birth,
14adoption, or placement for adoption, the coverage shall be effective
15on the date of birth, adoption, or placement for adoption.

16(C) Notwithstanding subparagraph (A), in the case of marriage
17or becoming a registered domestic partner or in the case where a
18qualified individual loses minimum essential coverage, the
19coverage effective date shall be the first day of the month following
20the date the insurer receives the request for special enrollment.

21(g) (1) A health insurer shall not establish rules for eligibility,
22including continued eligibility, of any individual to enroll under
23the terms of an individual health benefit plan based on any of the
24following factors:

25(A) Health status.

26(B) Medical condition, including physical and mental illnesses.

27(C) Claims experience.

28(D) Receipt of health care.

29(E) Medical history.

30(F) Genetic information.

31(G) Evidence of insurability, including conditions arising out
32of acts of domestic violence.

33(H) Disability.

34(I) Any other health status-related factor as determined by any
35federal regulations, rules, or guidance issued pursuant to Section
362705 of the federal Public Health Service Act.

37(2) Notwithstanding subdivision (c) of Section 10291.5, a health
38insurer shall not require an individual applicant or his or her
39dependent to fill out a health assessment or medical questionnaire
40prior to enrollment under an individual health benefit plan. A health
P13   1insurer shall not acquire or request information that relates to a
2health status-related factor from the applicant or his or her
3dependent or any other source prior to enrollment of the individual.

4(h) (1) A health insurer shall consider as a single risk pool for
5rating purposes in the individual market the claims experience of
6all insureds and enrollees in all nongrandfathered individual health
7benefit plans offered by that insurer in this state, whether offered
8as health care service plan contracts or individual health insurance
9policies, including those insureds who enroll in individual coverage
10 through the Exchange and insureds who enroll in individual
11coverage outside the Exchange. Student health insurance coverage,
12as such coverage is defined at Section 147.145(a) of Title 45 of
13the Code of Federal Regulations, shall not be included in a health
14insurer’s single risk pool for individual coverage.

15(2) Each calendar year, a health insurer shall establish an index
16rate for the individual market in the state based on the total
17combined claims costs for providing essential health benefits, as
18defined pursuant to Section 1302 of PPACA, within the single risk
19pool required under paragraph (1). The index rate shall be adjusted
20on a marketwide basis based on the total expected marketwide
21payments and charges under the risk adjustment and reinsurance
22programs established for the state pursuant to Sections 1343 and
231341 of PPACA. The premium rate for all of the health insurer’s
24health benefit plans in the individual market shall use the applicable
25index rate, as adjusted for total expected marketwide payments
26and charges under the risk adjustment and reinsurance programs
27established for the state pursuant to Sections 1343 and 1341 of
28PPACA, subject only to the adjustments permitted under paragraph
29(3).

30(3) A health insurer may vary premium rates for a particular
31health benefit plan from its index rate based only on the following
32actuarially justified plan-specific factors:

33(A) The actuarial value and cost-sharing design of the health
34benefit plan.

35(B) The health benefit plan’s provider network, delivery system
36characteristics, and utilization management practices.

37(C) The benefits provided under the health benefit plan that are
38in addition to the essential health benefits, as defined pursuant to
39Section 1302 of PPACA and Section 10112.27. These additional
40benefits shall be pooled with similar benefits within the single risk
P14   1pool required under paragraph (1) and the claims experience from
2those benefits shall be utilized to determine rate variations for
3plans that offer those benefits in addition to essential health
4benefits.

5(D) With respect to catastrophic plans, as described in subsection
6(e) of Section 1302 of PPACA, the expected impact of the specific
7eligibility categories for those plans.

8(E) Administrative costs, excluding any user fees required by
9the Exchange.

10(i) This section shall only apply with respect to individual health
11benefit plans for policy years on or after January 1, 2014.

12(j) This section shall not apply to an individual health benefit
13plan that is a grandfathered health plan.

14(k) If Section 5000A of the Internal Revenue Code, as added
15by Section 1501 of PPACA, is repealed or amended to no longer
16apply to the individual market, as defined in Section 2791 of the
17federal Public Health Service Act (42 U.S.C. Sec. 300gg-91),
18subdivisions (a), (b), and (g) shall become inoperative 12 months
19after the date of that repeal or amendment and individual health
20care benefit plans shall thereafter be subject to Sections 10901.2,
2110951, and 10953.

22

SEC. 3.  

No reimbursement is required by this act pursuant to
23Section 6 of Article XIII B of the California Constitution because
24the only costs that may be incurred by a local agency or school
25district will be incurred because this act creates a new crime or
26infraction, eliminates a crime or infraction, or changes the penalty
27for a crime or infraction, within the meaning of Section 17556 of
28the Government Code, or changes the definition of a crime within
29the meaning of Section 6 of Article XIII B of the California
30Constitution.

31begin insert

begin insertSEC. 4.end insert  

end insert
begin insert

This act is an urgency statute necessary for the
32immediate preservation of the public peace, health, or safety within
33the meaning of Article IV of the Constitution and shall go into
34immediate effect. The facts constituting the necessity are:

end insert
begin insert

35In order to adjust the next open enrollment period for the
36individual health care coverage market as needed to comply with
37federal law, it is necessary that this act take effect immediately.

end insert


O

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