BILL NUMBER: AB 310	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Mathis

                        FEBRUARY 12, 2015

   An act to  amend   add and repeal 
Section  10231.2   10234.71  of the
Insurance Code, relating to long-term care insurance.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 310, as amended, Mathis. Long-term care insurance.
   Existing law provides for the regulation of long-term care
insurance, as defined, and requires the Insurance Commissioner to
review and approve individual and group policies, certificates,
riders, and outlines of coverage. 
   This bill would make technical, nonsubstantive changes to that
provision.  
   This bill would require, only until January 1, 2021, the
commissioner to commission an annual study comparing the statutory
requirements for long-term care products in this state with the
statutory requirements governing long-term care products as set forth
in the Interstate Insurance Product Regulation Compact developed by
the Interstate Insurance Product Regulation Commission. The bill
would also require the commissioner to provide a report to the
Legislature, on or before January 1, 2017, and each January 1
thereafter, until January 1, 2021, comparing the marketability and
affordability of long-term care insurance products in this state with
similar products in New York, Texas, and Florida. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    Section 10234.71 is added to the 
 Insurance Code  ,  immediately following Section
10234.7  , to read:  
   10234.71.  (a) The commissioner shall commission an annual study
comparing the statutory requirements for long-term care products in
this state with the statutory requirements governing long-term care
products as set forth in the Interstate Insurance Product Regulation
Compact developed by the Interstate Insurance Product Regulation
Commission.
   (b) The commissioner shall provide a report to the Legislature, on
or before January 1, 2017, and each January 1 thereafter, comparing
the marketability and affordability of long-term care insurance
products in this state with similar products in New York, Texas, and
Florida. The report shall be made in compliance with Section 9795 of
the Government Code.
   (c) This section shall remain in effect only until January 1,
2021, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2021, deletes or extends
that date.  
  SECTION 1.    Section 10231.2 of the Insurance
Code is amended to read:
   10231.2.  (a) "Long-term care insurance" includes any insurance
policy, certificate, or rider advertised, marketed, offered,
solicited, or designed to provide coverage for diagnostic,
preventive, therapeutic, rehabilitative, maintenance, or personal
care services that are provided in a setting other than an acute care
unit of a hospital. Long-term care insurance includes all products
containing any of the following benefit types: coverage for
institutional care including care in a nursing home, convalescent
facility, extended care facility, custodial care facility, skilled
nursing facility, or personal care home; home care coverage including
home health care, personal care, homemaker services, hospice, or
respite care; or community-based coverage including adult day care,
hospice, or respite care. Long-term care insurance includes
disability based long-term care policies but does not include
insurance designed primarily to provide Medicare supplement or major
medical expense coverage.
   (b) Long-term care policies, certificates, and riders shall be
regulated under this chapter. The commissioner shall review and
approve individual and group long-term care policies, certificates,
riders, and outlines of coverage. Other applicable laws and
regulations shall also apply to long-term care insurance insofar as
they do not conflict with the provisions in this chapter. Long-term
care benefits designed to provide coverage of 12 months or more that
are contained in or amended to Medicare supplement or other
disability policies and certificates shall be regulated under this
chapter.