BILL NUMBER: SB 780	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 8, 2013
	AMENDED IN SENATE  APRIL 24, 2013

INTRODUCED BY   Senator Jackson

                        FEBRUARY 22, 2013

   An act to amend Section 1373.65 of the Health and Safety Code, and
to amend Sections 10123.12, 10601, and 10604 of, and to add Section
10133.57 to, the Insurance Code, relating to  insurance.
  health care coverage. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 780, as amended, Jackson. Health care coverage.
   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 requires a health care service plan to submit a
filing to the department at least 75 days prior to the termination
date of its contract with a provider group or a general acute care
hospital that includes the written notice the plan proposes to send
to its affected enrollees. The filing is required to be reviewed and
approved by the department prior to the notice being sent the
enrollees. Existing law also requires the plan to provide written
notice to affected enrollees, as provided, prior to the termination
date of a contract between the plan and a provider group or a general
acute care hospital. A plan operating as a preferred provider
organization is only required to send the written notice to all
enrollees who reside within a 15-mile radius of a terminated hospital
if it is a general acute care hospital.
   This bill would delete the requirements with regard to preferred
provider organizations.  The bill would change the timing of the
75-day filing to 45 days prior to the termination date for a contract
between a health care service plan that is not a health maintenance
organization and a provider group or general acute care hospital, and
would not prohibit the plan from sending the notice to the enrollees
prior to the filing being reviewed and approved by the department.
 The bill would distinguish between enrollees of an assigned
group provider and enrollees of an unassigned group provider for
purposes of whether  the 75-day   the 
filing is required to be submitted to the department. The bill would
also require that the plan send a department approved written notice
to the enrollees, whether or not a filing was required, when a
provider group contract or a general acute care hospital contract is
terminated. The bill would distinguish between the enrollees of an
assigned or an unassigned provider group or general acute care
hospital with regard to the timing of the consumer notice and method
of delivery, and would impose specified continued access to services
 and   requirements, billing requirements
 , and requirements to obtain information  on plans and
providers for the enrollees of an unassigned provider group or an
unassigned general acute care hospital. Because a willful violation
of these requirements with respect to health care service plans would
be a crime, the bill would impose a state-mandated local program.
   Existing law provides for the regulation of health insurers by the
Department of Insurance. Under existing law, a health insurer may
contract with providers for alternative rates of payment. Existing
law requires those insurers to file a policy with the department
describing how the insurer facilitates the continuity of care for new
insureds under group policies receiving services for an acute
condition from a noncontracting provider. Existing law also requires
those health insurers to, at the request of an insured, arrange for
the completion of covered services by a terminated provider if the
insured is undergoing treatment for certain conditions, as specified.

   This bill would require, among other things, a health insurer to
submit a filing to the department, at least  75 
 45  days prior to the termination date of its contract with
a provider group or a general acute care hospital to provide
services at alternative rates of payment, that includes the written
notice the insurer proposes to send to its insureds. The bill would
require the filing to be reviewed and approved by the department
prior to the notice being sent to the insureds. The bill would set a
threshold for the number of insureds receiving health care services
from a group provider within the preceding 12 months for purposes of
whether the filing is required to be submitted to the department. The
bill would also require that the health insurer send a department
approved written notice to specified insureds, whether or not a
filing was required, when a provider group contract or a general
acute care hospital contract is terminated, and would impose
specified continued access to services  and  
requirements,  billing requirements  , and requirements to
obtain information  on insurers and providers for insureds
receiving health care services from a terminated provider group or
general acute care hospital.
   Existing law requires disability insurance policies to include a
disclosure form that contains specified information, including the
principal benefits and coverage of the policy, the exceptions,
reductions, and limitations that apply to the policy, and a
statement, with respect to health insurance policies, describing how
participation in the policy may affect the choice of physician,
hospital, or health care providers, and describing the extent of
financial liability that may be incurred if care is furnished by a
nonparticipating provider.
   With respect to health insurance policies, this bill would require
the disclosure form to include additional information, including
conditions and procedures for cancellation, rescission, or
nonrenewal, a description of the limitations on the insured's choice
of provider, and, with respect to insurers that contract for
alternate rates of payment, a statement describing the basic method
of reimbursement made to its participating providers, as specified.
The bill would also require the first page of the disclosure form for
health insurance policies to include other specified information.
The bill would require a health insurer, medical group, or
participating provider that uses or receives financial bonuses or
other incentives to provide a written summary of specified
information to any requesting person.
   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:

  SECTION 1.  Section 1373.65 of the Health and Safety Code is
amended to read:
   1373.65.  (a) For the purposes of this section, the following
terms have the following meanings:
   (1) "Assigned general acute care hospital" means a general acute
care hospital to which the health  care service  plan,
either directly or through its contracts with its delegated entities,
directs enrollees to receive nonemergency services.
   (2) "Assigned provider group" means a provider group to which a
health  care service  plan directs its enrollees to receive
specialty physician services or a provider group that includes
primary care physicians to which a health  care service 
plan assigns its members.
   (3) "Provider group" means a medical group, independent practice
association, or any other similar organization.
   (4) "Unassigned general acute care hospital" is a general acute
care hospital that is not an assigned general acute care hospital.
   (5) "Unassigned provider group" means a provider group that is not
an assigned provider group.
   (b) (1)  At   Except   as provided
in paragraph (2), at  least 75 days prior to the termination
date of its contract with a provider group or a general acute care
hospital, the health care service plan shall submit a filing to the
department that includes the written notice the plan proposes to send
to enrollees. The plan shall not send this notice to enrollees until
the department has reviewed and approved the filing. If the
department does not respond within seven days of the date of  its
receipt of  the filing, the filing shall be deemed approved.

   (2) At least 45 days prior to the termination date of a contract
between a health care service plan that is not a health maintenance
organization and a provider group or a general acute care hospital,
the health care service plan shall submit a filing to the department
that includes the written notice the plan proposes to send to
enrollees.  
   (2) 
    (3)  For the purposes of a termination with an assigned
provider group  or assigned general acute care hospital  ,
the health care service plan shall submit a filing to the department,
as required by paragraph (1), if 2,000 or more enrollees will be
transferred or redirected by the plan from the assigned provider
group as a result of the termination of the provider contract.

   (3) 
    (4)  For purposes of a termination with an unassigned
provider group, the health care service plan shall submit a filing to
the department, as required by paragraph (1)  or (2)  , if
1,700 or more enrollees were treated by the unassigned provider group
within the 12 months preceding the filing date specified in
paragraph (1)  or (2)  . 
   (4) 
    (5)  The director may adopt by regulation a different
filing threshold from the threshold stated in  paragraph (2)
  paragraphs (3) and (4)  , and in consultation
with the Department of Insurance, may adopt by regulation a different
filing threshold from the threshold stated in  paragraph
(3).   paragraphs (3) and (4). 
   (c) (1) In the event of a contract termination between a health
care service plan and an assigned provider group or an assigned
general acute care hospital, the plan shall do all of the following:
   (A) Send the written notice described in subdivision (b) by United
States mail at least 60 days prior to the termination date to
enrollees who are assigned to the terminated provider group or
general acute care hospital.
   (B) A plan that is unable to comply with the timeframe in
subparagraph (A) because of exigent circumstances shall apply to the
department for a waiver. The plan  is   shall be
 excused from complying with the 60-day notice requirement only
if its waiver application is granted by the department or the
department does not respond within seven days of the date of its
receipt of the waiver application.
   (2) In the event of a contract termination between a health care
service plan and an unassigned provider group or an unassigned
general acute care hospital, the plan shall do all of the following:
   (A) Send the written notice described in subdivision (b), within
 one business day   five business days  of
the contract termination with an unassigned provider group, to all of
the following persons:
   (i) Any unassigned enrollee who has received health care services
from the terminated  unassigned  provider group
within the 12 months preceding the date of termination.
   (ii) Any unassigned enrollee who has any health care services
 scheduled with the terminated unassigned provider group
  authorized, but not yet scheduled as of the date of
termination, or scheduled for  after the date of termination
   with the terminated provider group  .
   (B) Send the written notice described in subdivision (b), within
 one business day   five business days  of
the contract termination with an unassigned general acute care
hospital, to all of the following persons:
   (i) Any enrollee who has received health care services from the
terminated  unassigned  general acute care hospital
within the 12 months preceding the date of termination.
   (ii) Any enrollee who is assigned to a provider group with any
physicians who have exclusive admitting privileges to the terminated
 unassigned  general acute care hospital.
   (iii) Any enrollee who has  authorized  health
care services  scheduled at a terminating unassigned general
acute care hospital   authorized, but not yet scheduled
as of the date of termination, or scheduled for  after the date
of termination  at the terminated general acute care hospital
 .
   (C) Allow enrollees to continue to access services that were
authorized or scheduled at the terminated unassigned provider group
or unassigned general acute care hospital prior to the date of 
  either the notice required by subdivisions (c) and (d), or
the  termination  , whichever is later, regardless of
whether the enrollee has requested completion of covered services
 . Those services shall be provided  from the date of the
contract termination  until completion of the authorized or
scheduled services for at least 60 days from the date of  either
 the notice  unless a longer period of time is required
pursuant to Section 1373.96.   or the termination,
whichever is later.  The amount of, and the requirement for
payment of, copayments, deductibles, coinsurance, and other
cost-sharing components by an enrollee during the period of
completion of authorized or scheduled services with a terminated
 unassigned  provider group or  unassigned
 general acute care hospital pursuant to this subparagraph
shall be the same that would be paid by the enrollee when receiving
care from a provider currently contracting with or employed by the
plan.
   (D) Provide reimbursement for services provided under subparagraph
(C) either at a rate agreed upon by the health care service plan and
the terminated provider group or general acute care hospital or the
rate for those services as provided in the terminating contract. In
no event shall the provider bill the patient for the cost of services
beyond the copayment, deductible, or other cost-sharing components
of what the enrollee would have been responsible for if the provider
group or general acute care hospital was currently contracted with
the health care service plan. 
   (E) Obtain information from the terminated provider group or
general acute care hospital regarding enrollees who have health care
services scheduled for after the date of termination with the
terminated provider group or general acute care hospital, including
the names of those enrollees and the dates on which their services
were scheduled. Unless otherwise prohibited by law, a terminated
provider group or general acute care hospital shall comply with a
health care service plan's request for that information. 
   (d) Even if a filing is not required to be submitted by
subdivision (b), a health care service plan shall send enrollee
notices as required by subdivision (c). A health care service plan
may only send enrollee notices for which a template has been filed
and approved by the department pursuant to Section 1373.95.
   (e) If an individual provider terminates his or her contract or
employment with a provider group that contracts with a health care
service plan, the plan may require that the provider group send the
notices required by subdivisions (c) and (d).
   (f) If, after sending the notices required by subdivisions (c) and
(d), a health care service plan reaches an agreement with any
terminated provider group or general acute care hospital to renew or
enter into a new contract or to not terminate their contract, the
plan shall send a subsequent written notice to all enrollees that
were sent the notices required by subdivisions (c) and (d) informing
them of the status. The plan shall offer each affected enrollee the
option to return to that provider  group or general acute care
hospital . If an assigned enrollee does not exercise this
option, the plan shall reassign the enrollee to another provider
group or general acute care hospital.
   (g) A health care service plan and a provider  group or
general acute care hospital  shall include in all written,
printed, or electronic communications sent to an enrollee that
concern the contract termination or block transfer, the following
statement in not less than  8-point   12-point
 type:


   "If you have been receiving care from a health care provider, you
may have a right to keep your provider for a designated time period.
Please contact your HMO's customer service department, and if you
have further questions, you are encouraged to contact the Department
of Managed Health Care, which protects HMO consumers, by telephone at
its toll-free number, 1-888-HMO-2219, or at a TDD number for the
hearing impaired at 1-877-688-9891, or online at www.hmohelp.ca.gov."



   (h) Nothing in this section shall be construed to limit the rights
or protections of enrollees under Section 1373.96. 
  SEC. 2.  Section 10123.12 of the Insurance Code is amended to read:

   10123.12.  (a) Every health insurer, including those insurers that
contract for alternative rates of payment pursuant to Section 10133,
and every self-insured employee welfare benefit plan that will
affect the choice of physician, hospital, or other health care
providers, shall include within its disclosure form and within its
evidence or certificate of coverage a statement clearly describing
how participation in the policy or plan may affect the choice of
physician, hospital, or other health care providers, and describing
the nature and extent of the financial liability that is, or that may
be, incurred by the insured, enrollee, or covered dependents if care
is furnished by a provider that does not have a contract with the
insurer or plan to provide service at alternative rates of payment
pursuant to Section 10133. The form shall clearly inform prospective
insureds or plan enrollees that participation in the policy or plan
will affect the person's choice in this regard by placing the
following statement in a conspicuous place on all material required
to be given to prospective insureds or plan enrollees including
promotional and descriptive material, disclosure forms, and
certificates and evidences of coverage:
       PLEASE READ THE FOLLOWING INFORMATION SO YOU WILL KNOW FROM
WHOM OR WHAT GROUP OF PROVIDERS HEALTH CARE MAY BE OBTAINED

   It is not the intent of this section to require that the names of
individual health care providers be enumerated to prospective
insureds or enrollees.
   If a health insurer providing coverage for hospital, medical, or
surgical expenses provides a list of facilities to patients or
contracting providers, the insurer shall include within the listing a
notification that insureds or enrollees may contact the insurer in
order to obtain a list of the facilities with which the health
insurer is contracting for subacute care and/or transitional
inpatient care.
   (b) Every health insurer that contracts for alternative rates of
payment pursuant to Section 10133 shall include within its disclosure
form a statement clearly describing the basic method of
reimbursement, including the scope and general methods of payment,
made to its contracting providers of health care services, and
whether financial bonuses or any other incentives are used. The
disclosure form shall indicate that, if an insured wishes to know
more about these issues, the insured may request additional
information from the insurer, the insured's provider, or the provider'
s medical group regarding the information required pursuant to
subdivision (c).
   (c) If a health insurer, medical group, or participating health
care provider uses or receives financial bonuses or any other
incentives, the insurer, medical group, or health care provider shall
provide a written summary to any person who requests it that
includes both of the following:
   (1) A general description of the bonus and any other incentive
arrangements used in its compensation agreements. Nothing in this
paragraph shall be construed to require disclosure of trade secrets
or commercial or financial information that is privileged or
confidential, such as payment rates, as determined by the
commissioner, pursuant to state law.
   (2) A description regarding whether, and in what manner, the
bonuses and any other incentives are related to a provider's use of
referral services.
   (d) The statements and written information provided pursuant to
subdivisions (b) and (c) shall be communicated in clear and simple
language that enables consumers to evaluate and compare health
insurance policies.
  SEC. 3.  Section 10133.57 is added to the Insurance Code, to read:
   10133.57.  (a) For purposes of this section, "provider group"
means a medical group, independent practice association, or any other
similar organization.
   (b) (1) At least  75   45  days prior to
the termination date of its contract with a provider group or a
general acute care hospital to provide services at alternative rates
of payment pursuant to Section 10133, the health insurer shall submit
a filing to the department that includes the written notice the
insurer proposes to send to the insureds. The insurer shall not send
this notice to the insureds until the department has reviewed and
approved the filing. If the department does not respond to the
 insured   insurer  within seven days of
the date  of its receipt  of the filing, the filing shall be
deemed approved.
   (2) For purposes of a termination with a provider group, the
health insurer shall submit a filing to the department, as required
by paragraph (1), if 1,700 or more insureds were treated by the
provider group within the 12 months preceding the filing date
specified in paragraph (1).
   (3) The department, in consultation with the Department of Managed
Health Care, may adopt by regulation a different filing threshold
from the threshold stated in paragraph (2).
   (c) In the event of a contract termination between a health
insurer and a provider group or general acute care hospital, the
insurer shall do all of the following:
   (1) Send the written notice described in subdivision (b), within
 one business day   five business days  of
the contract termination with a provider group, to all of the
following persons:
   (A) Any insured who has received health care services from the
terminated provider group within the 12 months preceding the date of
termination.
   (B) Any insured who has any health care services  authorized,
but not yet scheduled as of the date of termination, or 
scheduled  with the terminated provider group  
for  after the date of termination  with the terminated
provider group  .
   (2) Send the written notice described in subdivision (b), within
 one business day   five business days  of
the contract termination with a general acute care hospital, to all
of the following persons:
   (A) Any insured who has received health care services from the
terminated general acute care hospital within the 12 months preceding
the date of termination.
   (B) Any insured who has  authorized  health care
services  authorized, but not yet scheduled as of the date of
termination, or  scheduled  at a terminating general
acute care hospital   for  after the date of
termination  at the terminated general acute care hospital 
.
   (3) Allow insureds to continue to access services that were
authorized or scheduled at the terminated provider group or general
acute care hospital prior to the date of    either the
notice required by subdivisions (c) and (d), or the  termination
 ,   whichever is later, regardless of whether the
insured has requested completion of covered services  . Those
services shall be provided  from the date of the contract
termination  until completion of the authorized or scheduled
services for at least 60 days from the date of  either  the
notice  unless a longer period of time is required pursuant
to Section 10133.56.   or the termination, whichever is
later.  The amount of, and the requirement for payment of,
copayments, deductibles, coinsurance, and other cost-sharing
components by an insured during the period of completion of
authorized or scheduled services with a terminated provider group or
general acute care hospital pursuant to this paragraph shall be the
same that would be paid by the insured when receiving care from a
provider currently contracting with the insurer.
   (4) Provide reimbursement for services provided under paragraph
(3) either at a rate agreed upon by the insurer and the terminated
provider group or general acute care hospital or the rate for those
services as provided in the terminating contract. In no event shall
the provider bill the patient for the cost of services beyond the
copayment, deductible, or other cost-sharing components of what the
insured would have been responsible for if the provider group or
general acute care hospital was currently contracted with the
insurer. 
   (5) Obtain information from the terminated provider group or
general acute care hospital regarding insureds who have health care
services scheduled for after the date of termination with the
terminated provider group or general acute care hospital, including
the names of those insureds and the dates on which their services
were scheduled. Unless otherwise prohibited by law, a terminated
provider group or general acute care hospital shall comply with a
health insurer's request for that information. 
   (d) Even if a filing is not required to be submitted by
subdivision (b), a health insurer shall send insured notices as
required by subdivision (c). A health insurer may only send insured
notices that have been filed and approved by the department pursuant
to this section.
   (e) If an individual provider terminates his or her contract or
employment with a provider group that contracts with a health
insurer, the insurer may require that the provider group send the
notices required by subdivisions (c) and (d).
   (f) If, after sending the notices required by subdivisions (c) and
(d), a health insurer reaches an agreement with a terminated
provider group or general acute care hospital to renew or enter into
a new contract or to not terminate its contract, the insurer shall
send a subsequent written notice to all insureds that were sent the
notices required by subdivisions (c) and (d) informing those insureds
that the provider group or hospital remains in their provider
network.
   (g) A health insurer or a provider group shall include in all
written, printed, or electronic communications sent to an insured
that concern the contract termination, the following statement in not
less than  8-point   12-point  type:


   "If you have been receiving care from a health care provider, you
may have a right to keep your provider for a designated time period.
Please contact your insurer's customer service department, and if you
have further questions, you are encouraged to contact the Department
of Insurance, which protects insurance consumers, by telephone at
its toll-free number, 800-927-HELP (4357), or at a TDD number for the
hearing impaired at 800-482-4833, or online at www.insurance.ca.gov."



   (h) The commissioner may adopt regulations in accordance with the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code)
that are necessary to implement the provisions of this section. 
   (i) Nothing in this section shall be construed to limit the rights
or protections of insureds under Section 10133.56. 
  SEC. 4.  Section 10601 of the Insurance Code is amended to read:
   10601.  As used in this chapter:
   (a) "Benefits and coverage" means the accident, sickness, or
disability indemnity available under a policy of disability
insurance.
   (b) "Exception" means any provision in a policy whereby coverage
for a specified hazard or condition is entirely eliminated.
   (c) "Reduction" means any provision in a policy that reduces the
amount of a policy benefit to some amount or period less than would
be otherwise payable for medically authorized expenses or services
had the reduction not been used.
   (d) "Limitation" means any provision other than an exception or a
reduction that restricts coverage under the policy.
   (e) "Presenting for examination or sale" means either (1)
publication and dissemination of any brochure, mailer, advertisement,
or form that constitutes a presentation of the provisions of the
policy and that provides a policy enrollment or application form, or
(2) consultations or discussions between prospective beneficiaries or
their contract agents and employees or agents of disability
insurers, when those consultations or discussions include
presentation of formal, organized information about the policy that
is intended to influence or inform the prospective insured or
beneficiary, such as brochures, summaries, charts, slides, or other
modes of information in lieu of or in addition to the policy itself.
   (f) "Disability insurance" means every policy of disability
insurance and self-insured employee welfare benefit plan issued,
delivered, or entered into pursuant to or described in Chapter 1
(commencing with Section 10110) or Chapter 4 (commencing with Section
10270) of this part.
   (g) "Insurer" means every insurer transacting disability insurance
and every self-insured employee welfare plan specified in
subdivision (f).
   (h) "Disclosure form" means the standard supplemental disclosure
form required pursuant to Section 10603.
   (i) "Small group health insurance policy" means a group health
insurance policy issued to a small employer, as defined in Section
10700, 10753, or 10755.
  SEC. 5.  Section 10604 of the Insurance Code is amended to read:
   10604.  The disclosure form shall include at least the following
information, in concise and specific terms, relative to the
disability insurance policy, together with additional information as
the commissioner may require in connection with the policy:
   (a) The applicable category or categories of coverage provided by
the policy, from among the following:
   (1) Basic hospital expense coverage.
   (2) Basic medical-surgical expense coverage.
   (3) Hospital confinement indemnity coverage.
   (4) Major medical expense coverage.
   (5) Disability income protection coverage.
   (6) Accident only coverage.
   (7) Specified disease or specified accident coverage.
   (8) Other categories as the commissioner may prescribe.
   (b) The principal benefits and coverage of the disability
insurance policy, including coverage for acute care and subacute care
if the policy is a health insurance policy, as defined in Section
106.
   (c) The exceptions, reductions, and limitations that apply to the
policy.
   (d) A summary, including a citation of the relevant contractual
provisions, of the process used to authorize, modify, delay, or deny
payments for services under the coverage provided by the policy
including coverage for subacute care, transitional inpatient care, or
care provided in skilled nursing facilities. This subdivision shall
only apply to policies of health insurance as defined in Section 106.

   (e) The full premium cost of the policy.
   (f) Any copayment, coinsurance, or deductible requirements that
may be incurred by the insured or his or her family in obtaining
coverage under the policy.
   (g) The terms under which the policy may be renewed by the
insured, including any reservation by the insurer of any right to
change premiums.
   (h) A statement that the disclosure form is a summary only, and
that the policy itself should be consulted to determine governing
contractual provisions.
   (i) For a health insurance policy, as defined in Section 106, all
of the following:
   (1) A notice on the first page of the disclosure form that
conforms with all of the following conditions:
   (A) (i) States that the form discloses the terms and conditions of
coverage.
   (ii) States, with respect to individual health insurance policies,
small group health insurance policies, and any group health
insurance policies, that the applicant has a right to view the
disclosure form and policy prior to beginning coverage under the
policy, and, if the policy does not accompany the disclosure form,
the notice shall specify where the policy can be obtained prior to
beginning coverage.
   (B) Includes a statement that the disclosure and the policy should
be read completely and carefully and that individuals with special
health care needs should read carefully those sections that apply to
them.
   (C) Includes the insurer's telephone number or numbers that may be
used by an applicant to receive additional information about the
benefits of the policy, or states where those telephone number or
numbers are located in the disclosure form.
   (D) For individual health insurance policies and small group
health insurance policies, states where a health policy benefits and
coverage matrix is located.
   (E) Is printed in type no smaller than that used for the remainder
of the disclosure form and is displayed prominently on the page.
   (2) A statement as to when benefits shall cease in the event of
nonpayment of premium and the effect of nonpayment upon an insured
who                                           is hospitalized or
undergoing treatment for an ongoing condition.
   (3) To the extent that the policy or insurer permits a free choice
of provider to its insureds, the statement shall disclose,
consistent with Section 10123.12, the nature and extent of choice
permitted and the financial liability that is, or may be, incurred by
the insured, covered dependents, or a third party by reason of the
exercise of that choice.
   (4) For group health insurance policies, including small group
health insurance policies, a summary of the terms and conditions
under which insureds may remain in the policy in the event the group
ceases to exist, the group policy is terminated, an individual
insured leaves the group, or the insureds' eligibility status
changes.
   (5) If the policy utilizes arbitration to settle disputes, a
statement of that fact. If the policy requires binding arbitration, a
disclosure pursuant to Section 10123.19.
   (6) A description of any limitations on the insured's choice of
primary care physician, specialty care physician, or nonphysician
health care practitioner, based on service area and limitations on
the insured's choice of acute care hospital care, subacute or
transitional inpatient care, or skilled nursing facility.
   (7) Conditions and procedures for cancellation, rescission, or
nonrenewal.
   (8) A description as to how an insured may request continuity of
care as required by Sections 10133.55 and 10133.56, and request a
second opinion pursuant to Section 10123.68.
   (9) Information concerning the right of an insured to request an
independent medical review in accordance with Article 3.5 (commencing
with Section 10169) of Chapter 1.
   (10) A notice as required by Section 791.04.
  SEC. 6.  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.