BILL NUMBER: AB 1059 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Migden
FEBRUARY 27, 1997
An act to add Section 1374.58 to the Health and Safety Code, and
to add Section 10121.7 to the Insurance Code, relating to health
coverage.
LEGISLATIVE COUNSEL'S DIGEST
AB 1059, as introduced, Migden. Health coverage: domestic
partners.
(1) Existing law provides for the licensure and regulation of
health care service plans administered by the Commissioner of
Corporations. Under existing law, a willful violation of any of
these provisions is punishable as either a felony or a misdemeanor.
Existing law also provides for the regulation of policies of
disability insurance and self-insured employee welfare benefit plans
administered by the Insurance Commissioner.
Existing law requires that health care service plans, disability
insurers, and self-insured employee welfare benefit plans provide
coverage for certain benefits and services.
This bill would require a group health care service plan and a
policy of disability insurance that provides hospital, medical, or
surgical expense benefits for employees, subscribers, insureds, or
policyholders and their dependents to provide eligibility and
benefits to a domestic partner, as defined, of an employee,
subscriber, insured, or policyholder to the same extent as provided
to a dependent of an employee, subscriber, insured, or policyholder.
The bill would also require a health care service plan, a policy of
group disability insurance, or a self-insured employee welfare
benefit plan that provides hospital, medical, or surgical expense
benefits for employees, subscribers, insureds, or policyholders and
their dependents to enroll as a dependent, upon application by the
employer or group administrator, a domestic partner of the employee,
subscriber, insured, or policyholder when that employee, subscriber,
insured, or policyholder at any time makes an application for
enrollment to the employer or group administrator.
Since a willful violation of the provisions applicable to health
care service plans is a crime, this bill would impose a
state-mandated local program.
(2) 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 1374.58 is added to the Health and Safety Code,
to read:
1374.58. (a) A group health care service plan that provides
hospital, medical, or surgical expense benefits for employees or
subscribers and their dependents shall provide eligibility or
benefits to the domestic partner of an employee or subscriber to the
same extent as provided to a dependent of the employee or subscriber.
(b) A health care service plan that provides hospital, medical, or
surgical expense benefits for employees or subscribers and their
dependents shall enroll as a dependent, upon application by the
employer or group administrator, a domestic partner of an employee or
subscriber, at any time the employee or subscriber makes an
application for enrollment to the employer or group administrator.
(c) For purposes of this section, the following definitions apply:
(1) "Domestic partner" means an adult who has chosen to share in
another's life in an intimate and committed relationship of mutual
caring. A domestic partnership shall be established when all of the
following requirements are met:
(A) Both persons have a common residence.
(B) Both persons agree to be jointly responsible for each other's
basic living expenses during the domestic partnership.
(C) Neither person is married or a member of another domestic
partnership.
(D) The two persons are not related by blood in a way that would
prevent them from being married to each other in this state.
(E) Both persons are at least 18 years of age.
(2) "Have a common residence" means that two people share the same
place to live. It is not necessary that the legal right to possess
the place be in both of their names. Two people may live together
even if one or both have additional places to live. Domestic
partners do not cease to live together if one leaves the shared place
but intends to return.
(3) "Basic living expenses" means basic food and shelter. It also
means any other cost, such as medical care, if some or all of the
cost is paid as a benefit because a person is another person's
domestic partner.
(4) "Joint responsibility" means that each partner agrees to
provide for the other partner's basic living expenses if the partner
is unable to provide for herself or himself. Anyone to whom these
expenses are owed can enforce this responsibility.
SEC. 2. Section 10121.7 is added to the Insurance Code, to read:
10121.7. (a) A policy of group disability insurance that provides
hospital, medical, or surgical expense benefits for employees,
insureds, or policyholders and their dependents shall provide
eligibility and benefits to the domestic partner of an employee,
insured, or policyholder to the same extent as provided to a
dependent of the employee, insured, or policyholder.
(b) Each policy of group disability insurance that provides
hospital, medical, or surgical expense benefits for employees,
insureds, or policyholders and their dependents shall enroll as a
dependent, upon application by the employer or group administrator, a
domestic partner of the employee, insured, or policyholder when that
employee, insured, or policyholder at any time makes an application
for enrollment to the employer or group administrator.
(c) For purposes of this section, the following definitions apply:
(1) "Domestic partner" means an adult who has chosen to share in
another's life in an intimate and committed relationship of mutual
caring. A domestic partnership shall be established when all of the
following requirements are met:
(A) Both persons have a common residence.
(B) Both persons agree to be jointly responsible for each other's
basic living expenses during the domestic partnership.
(C) Neither person is married or a member of another domestic
partnership.
(D) The two persons are not related by blood in a way that would
prevent them from being married to each other in this state.
(E) Both persons are at least 18 years of age.
(2) "Have a common residence" means that two people share the same
place to live. It is not necessary that the legal right to possess
the place be in both of their names. Two people may live together
even if one or both have additional places to live. Domestic
partners do not cease to live together if one leaves the shared place
but intends to return.
(3) "Basic living expenses" means basic food and shelter. It also
means any other cost, such as medical care, if some or all of the
cost is paid as a benefit because a person is another person's
domestic partner.
(4) "Joint responsibility" means that each partner agrees to
provide for the other partner's basic living expenses if the partner
is unable to provide for herself or himself. Anyone to whom these
expenses are owed can enforce this responsibility.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.