BILL NUMBER: SB 1046	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 8, 2014

INTRODUCED BY   Senator Beall

                        FEBRUARY 18, 2014

   An act to add Section 10144.53 to the Insurance Code, relating to
insurance.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1046, as amended, Beall. Insurance: mental illness:
developmental disabilities: coverage: penalties.
   Existing law requires that health insurance policies provide
coverage for the diagnosis and medically necessary treatment of
severe mental illnesses of a person of any age and of serious
emotional disturbances of a child, under the same terms and
conditions applied to other medical conditions, as specified.
Existing law requires health insurance policies to provide benefits
for specified conditions, including coverage for behavioral health
treatment, as defined, for pervasive developmental disorder or
autism, as specified.
   This bill would give the Insurance Commissioner the authority to
assess administrative penalties for any violations of the above
provisions, including any rules or orders adopted or issued based on
violations of those provisions.  The bill   would also
give the commissioner authority to assess a penalty for each patient
harmed by a violation of the above provisions, including any rules or
orders adopted or issued based on violations of those provisions, as
a separate and distinct violation.  The penalties would not
exceed $2,500 for each violation, or for an ongoing and continuous
violation, the penalty would not exceed $2,500 per day for as long as
the violation continues.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 10144.53 is added to the Insurance Code, to
read:
   10144.53.  (a) In addition to any other remedy permitted by law,
the commissioner shall have the authority to assess administrative
penalties as specified in this section against insurers for
violations of Sections 10144.5 and 10144.51.
   (b) Any person who violates Section 10144.5 or 10144.51, or who
violates any rules or orders adopted or issued pursuant to this
chapter based on a violation of Section 10144.5 or 10144.51, shall be
liable for a penalty not to exceed two thousand five hundred dollars
($2,500) for each violation or, for a violation that is ongoing and
continuous, not to exceed two thousand five hundred dollars ($2,500)
for each day that the violation continues.
   (c) Each patient harmed by a violation of  this chapter
  Section 10144.5 or 10144.51, or any rules or orders
adopted or issued pursuant to this chapter based upon a violation of
Section 10144.5 or 10144.51,  constitutes a separate and
distinct violation subject to the penalties set forth in this
section.
   (d) The remedies provided by this section and by other sections of
this code are not exclusive, and may be sought and employed in any
combination to enforce this chapter. 
   (e) A penalty imposed pursuant to this section shall be imposed
and determined by the commissioner in a proceeding conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code.