Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2764

Introduced by Assembly begin delete Members Williams and end delete begin insert Member end insert Bonilla

February 19, 2016

An act to amend Section begin delete 11345 of the Business and Professions Code, relating to real estate appraisers. end delete begin insert 1367.65 of the Health and Safety Code, and to amend Section 10123.81 of the Insurance Code, relating to health care coverage. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2764, as amended, begin delete Williams end delete   begin insert Bonilla end insert . begin delete Appraisal management companies: registration. end delete begin insert Health care coverage: mammography. end insert

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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 its provisions a crime. Existing law provides for the licensure and regulation of health insurers by the Department of Insurance. Existing law requires health care service plan contracts, except specialized health care service plan contracts, and certain health insurance policies to provide coverage for mammography for screening and diagnostic purposes.

end insert begin insert

This bill would require the mammography coverage to include, but not be limited to, digital mammography and breast tomosynthesis. Because a willful violation of the bill’s requirements relative to health care service plans would be a crime, the bill would impose a state-mandated local program.

end insert begin insert

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.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

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Existing law, the Real Estate Appraisers’ Licensing and Certification Law, provides for the licensure and regulation of real estate appraisers and vests the duty of enforcing and administering that law in the Bureau of Real Estate Appraisers within the Department of Consumer Affairs. Existing law requires an appraisal management company, as defined, to register with the bureau. Existing law requires the Chief of the Bureau of Real Estate Appraisers to adopt regulations governing the process and procedure of registration that require, at minimum, among other things, the business address and telephone number of the person or entity seeking registration.

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This bill would additionally require that those regulations include the email address of the person or entity seeking registration.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 1367.65 of the end insert begin insert Health and Safety Code end insert
begin insert is amended to read: end insert

1367.65.  

(a)  begin delete On or after January 1, 2000, each end delete begin insert Each end insert health
care service plan contract, except a specialized health care service
plan contract, that is issued, amended, delivered, or renewed shall
begin delete be deemed to end delete provide coverage for mammography begin insert , including, but
not limited to, digital mammography and breast tomosynthesis, end insert
for screening or diagnostic purposes upon referral by a participating
nurse practitioner, participating certified nurse-midwife,
participating physician assistant, or participating physician,
providing care to the patient and operating within the scope of
practice provided under existing law.

(b) This section does not prevent application of copayment or
deductible provisions in a plan, nor shall this section be construed
to require that a plan be extended to cover any other procedures
under an individual or a group health care service plan contract.
This section does not authorize a plan enrollee to receive the
services required to be covered by this section if those services
are furnished by a nonparticipating provider, unless the plan
enrollee is referred to that provider by a participating physician,
nurse practitioner, or certified nurse-midwife providing care.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 10123.81 of the end insert begin insert Insurance Code end insert begin insert is amended
to read: end insert

10123.81.  

(a) Every individual or group policy of disability
insurance or self-insured employee welfare benefit plan shall begin delete be
deemed to end delete provide coverage for mammography begin insert , including, but not
limited to, digital mammography and breast tomosynthesis, end insert for
screening or diagnostic purposes upon the referral of a participating
nurse practitioner, participating certified nurse-midwife,
participating physician assistant, or participating physician,
providing care to the patient and operating within the scope of
practice provided under existing law.

(b)  begin delete Nothing in this end delete begin insert This end insert section begin delete shall be construed to end delete begin insert does not end insert
prevent the application of copayment or deductible provisions in
a policy, nor shall this section be construed to require that a policy
be extended to cover any other procedures under an individual or
a group policy. begin delete Nothing in this end delete begin insert This end insert section begin delete shall be construed to end delete
begin insert does not end insert authorize a policyholder to receive the services required
to be covered by this section if those services are furnished by a
nonparticipating provider, unless the policyholder is referred to
that provider by a participating physician, nurse practitioner, or
certified nurse-midwife providing care.

(c) This section begin delete shall end delete begin insert does end insert not apply to specialized health
insurance, Medicare supplement insurance, short-term limited
duration health insurance, CHAMPUS supplement insurance, or
TRI-CARE supplement insurance, or to hospital indemnity,
accident-only, or specified disease insurance.

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

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.

end insert

begin delete

SECTION 1.  

Section 11345 of the Business and Professions
Code is amended to read:

11345.  

The director shall adopt regulations governing the
process and procedure of applying for registration as an appraisal
management company. Applications for a certificate of registration
shall require, at a minimum, all of the following:

(a) The name of the person or entity seeking registration.

(b) The business address, email address, and telephone number
of the person or entity seeking registration.

(c) If the applicant is not a person or entity domiciled in this
state, the name and contact number of a person or entity acting as
agent for service of process in this state, along with an irrevocable
consent to service of process in favor of the office.

(d) The name, address, and contact information for each
controlling person employed by the applicant who has operational
authority to direct the management of, and establish policies for,
the applicant. If the applicant employs more than 10 individuals
meeting the criteria of this subdivision, the applicant may list the
names, addresses, and contact information for the 10 individuals
meeting the criteria who hold the greatest level of management
responsibility within its organization.

end delete