BILL NUMBER: SB 353 CHAPTERED
BILL TEXT
CHAPTER 447
FILED WITH SECRETARY OF STATE OCTOBER 1, 2013
APPROVED BY GOVERNOR OCTOBER 1, 2013
PASSED THE SENATE SEPTEMBER 10, 2013
PASSED THE ASSEMBLY SEPTEMBER 9, 2013
AMENDED IN ASSEMBLY SEPTEMBER 4, 2013
AMENDED IN ASSEMBLY AUGUST 14, 2013
AMENDED IN ASSEMBLY AUGUST 5, 2013
AMENDED IN SENATE APRIL 16, 2013
INTRODUCED BY Senator Lieu
FEBRUARY 20, 2013
An act to add Section 1367.041 to the Health and Safety Code, and
to add Section 10133.10 to the Insurance Code, relating to health
care coverage.
LEGISLATIVE COUNSEL'S DIGEST
SB 353, Lieu. Health care coverage: language assistance.
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. A willful violation
of the act is a crime. Existing law provides for the regulation of
health insurers by the Department of Insurance.
Existing law requires the departments to adopt regulations
establishing standards and requirements to provide enrollees and
insureds with access to language assistance in obtaining health care
services. Existing law requires health care service plans and health
insurers, if they exceed certain enrollment thresholds, to implement
programs to assess the needs of enrollees and insureds, and to
provide translation and interpretation for medical services and
translation of vital documents, as defined, to enrollees and
insureds, and to report to the respective departments regarding
internal policies and procedures related to cultural appropriateness.
Existing law provides that a health care service plan is in
compliance with the requirements if it is required to meet and meets
the same or similar standards, as imposed by the Medi-Cal program.
This bill would require a health care service plan, as specified,
that advertises or markets products in the individual or small group
health care service plan markets, or that allows others to market or
advertise on its behalf in those markets, in a non-English language,
as provided, and that does not meet certain requirements, to
translate into that language specified documents. The bill would also
require an insurer that markets, advertises, or allows others to
market or advertise on its behalf, or produces educational materials
for health insurance policies, in the individual or small group
health insurance markets, in a non-English language and that does not
meet certain requirements, to translate specified documents into
that language. The bill would require both those health care service
plans and insurers to use trained and qualified translators.
By placing additional requirements on health care service plans,
the willful violation of which 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1367.041 is added to the Health and Safety
Code, to read:
1367.041. (a) A health care service plan that advertises or
markets products in the individual or small group health care service
plan markets, or allows any other person or business to market or
advertise on its behalf in the individual or small group health care
service plan markets, in a non-English language that does not meet
the requirements set forth in Sections 1367.04 and 1367.07, shall
provide the following documents in the same non-English language:
(1) Welcome letters or notices of initial coverage, if provided.
(2) Applications for enrollment and any information pertinent to
eligibility or participation.
(3) Notices advising limited-English-proficient persons of the
availability of no-cost translation and interpretation services.
(4) Notices pertaining to the right and instructions on how an
enrollee may file a grievance.
(5) The uniform summary of benefits and coverage required pursuant
to subparagraph (A) of paragraph (3) of subdivision (b) of Section
1363.
(b) A health care service plan shall use a trained and qualified
translator for all written translations of marketing and advertising
materials relating to health care service plan products, and for all
of the documents specified in subdivision (a).
(c) This section shall not apply to a specialized health care
service plan that does not offer an essential health benefit as
defined in Section 1367.005.
SEC. 2. Section 10133.10 is added to the Insurance Code, to read:
10133.10. (a) An insurer that markets, advertises, or produces
educational materials for a health insurance policy, as defined in
Section 106, in the individual or small group health insurance
markets, or allows any other person or business to market or
advertise on its behalf in the individual or small group health
insurance markets, in a non-English language that does not meet the
requirements set forth in Sections 10133.8 and 10133.9, shall provide
the following documents in the same non-English language:
(1) Welcome letters or notices of initial coverage, if applicable.
(2) Applications for health insurance and any information
pertinent to eligibility or participation.
(3) Notices advising limited-English-proficient persons of the
availability of no-cost translation and interpretation services.
(4) Notices pertaining to the right and instructions on how an
insured may file a grievance.
(5) The uniform summary of benefits and coverage required pursuant
to paragraph (2) of subdivision (a) of Section 10603.
(b) An insurer shall use trained and qualified translators for the
translation of all marketing and advertising materials relating to
health insurance products and for all of the documents specified in
subdivision (a).
(c) This section shall not apply to a specialized health insurance
policy that does not offer an essential health benefit as defined in
Section 10112.27.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.