BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 514  


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          Date of Hearing:  June 29, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          SB 514  
          (Anderson) - As Amended January 26, 2016


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          |Policy       |Health                         |Vote:|15 - 0       |
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          |             |Privacy and Consumer           |     |11 - 0       |
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          Urgency:  Yes State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill prohibits Covered California (CoveredCA) from  
          disclosing personal information obtained from an application for  
          health care coverage to a certified insurance agent or certified  








                                                                     SB 514  


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          enrollment counselor without the consent of the applicant,  
          unless the agent or counselor is assisting the applicant.


          FISCAL EFFECT:


          Negligible fiscal impact.  CoveredCA is currently compliant with  
          this bill, and the bill does not appear to impact CoveredCA's  
          business practices.


          COMMENTS:


          1)Purpose.  This bill is intended to protect consumers applying  
            for health coverage through Covered California from being  
            contacted by an insurance agent or certified enrollment  
            counselor for assistance with their application without their  
            consent.  SB 514 is author-sponsored and supported by  
            insurance industry groups.  


           2)Background.  CoveredCA is a state-run health insurance  
            marketplace where Californians can purchase health care and  
            enroll in health care affordability programs.  In 2013,  
            concerns were expressed about actions by CoveredCA to release  
            identifying information to certified insurance agents about  
            individuals with pending applications, in order to allow  
            outreach to assist potential applicants in completing their  
            applications for health coverage. Although CoveredCA  
            maintained the outreach program complied with privacy laws,  
            negative feedback from consumers about perceived privacy  
            violations led CoveredCA to discontinue the data-sharing  
            practice.  CoveredCA currently does not share information with  
            external agents.  In the future, if the choice was made to  
            begin such data-sharing, this bill would limit such  
            data-sharing to circumstances in which the applicant consented  
            to such sharing.  








                                                                     SB 514


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           3)Prior legislation. There were several bills addressing the  
            disclosure of personal information by CoveredCA that failed in  
            various Assembly committees in 2014.  


             AB 1602 (John A. Pérez), Chapter 655, Statutes of 2010, and SB  
            900 (Alquist), Chapter 659, Statutes of 2010, established  
            CoveredCA and its powers and duties.


          Analysis Prepared by:Lisa Murawski / APPR. / (916)  
          319-2081