BILL ANALYSIS Ó
SB 332
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Date of Hearing: August 30, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 332 (Emmerson) - As Amended: May 16, 2013
Policy Committee: JudiciaryVote:10-0
Health Vote: 19-0
Urgency: Yes State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill narrows exemptions from the California Public Records
Act (PRA) for the California Health Benefits Exchange
(Exchange).
FISCAL EFFECT
Negligible state fiscal effect.
COMMENTS
1)Rationale . This bill seeks to ensure that the Exchange is
properly subject to the PRA, in response to concerns about
adequate transparency.
2)Background . The Exchange was established to provide a
marketplace for health insurance coverage for individuals and
small businesses, pursuant to the federal Patient Protection
and Affordable Care Act (ACA). The Exchange was authorized to
selectively contract and negotiate with health plans on price
and quality, which it has chosen to do. The PRA exemptions
for the Exchange appear to have been intended to strike a
balance between the need for such confidential rate
negotiations and the need for transparency and public
accountability. The exemptions provided were broader than
that provided to the Managed Risk Medical Insurance Board
(MRMIB), which until recently administered the Healthy
Families Program. This bill more closely aligns the
exemptions with those granted MRMIB.
3)Related and Prior Legislation . SB 900 (Alquist), Chapter 659,
SB 332
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Statutes of 2010 creates and establishes the governance of
California Health Benefits Exchange.
AB 1602 (John A. Perez), Chapter 655, Statutes of 2010
specifies its powers and duties.
Analysis Prepared by : Lisa Murawski / APPR. / (916) 319-2081