BILL NUMBER: AB 1059 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 4, 1997
AMENDED IN SENATE JULY 9, 1997
AMENDED IN ASSEMBLY MAY 23, 1997
AMENDED IN ASSEMBLY APRIL 21, 1997
AMENDED IN ASSEMBLY APRIL 10, 1997
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 domestic
partners.
LEGISLATIVE COUNSEL'S DIGEST
AB 1059, as amended, Migden. Domestic partners.
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
administered by the Insurance Commissioner.
Existing law requires that health care service plans and
disability insurers provide coverage for certain benefits and
services.
This bill would require a health care service plan and a policy of
disability insurance that offers hospital, medical, or surgical
benefits on a group basis to offer coverage to an employer or
association for a domestic partner of an employee, subscriber, or
other person entitled to elect coverage to the same extent and
subject to the same terms and conditions, as provided to a dependent
of an employee, subscriber, or that other person. The bill would
also require a health care service plan or a disability insurer that
provides hospital, medical, or surgical benefits for employees,
subscribers, or other persons entitled to elect coverage and their
dependents to enroll as a dependent, upon application by the employer
or group administrator, a domestic partner of the employee,
subscriber, or that other person.
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.
The bill would impose additional requirements including a
requirement that the subscriber or insured, upon request of the
employer, plan, or insurer, provide an affidavit under penalty of
perjury that the domestic partners meet the requirements of the bill.
By expanding the definition of the crime of perjury, the bill would
impose a state-mandated local program.
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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
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 health care service plan that offers hospital,
medical, or surgical coverage on a group basis shall offer coverage
to employers or associations for domestic partners of employees or
subscribers to the same extent, and subject to the same terms and
conditions, as provided to dependents of employees or subscribers.
(b) A health care service plan that provides hospital, medical, or
surgical 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
in accordance with terms and conditions of the group contract that
apply generally to all dependents under the plan, including
coordination of benefits.
(c) For purposes of this section, the following definitions apply:
(1) "Domestic partner" means an adult individual who has chosen to
share in another adult individual'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 certify in writing that they share the same
regular and permanent primary residence and have shared a common
residence for the previous six months.
(B) Both persons agree in writing 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, nor has been married or a member of another domestic
partnership during the preceding six months, unless such marriage or
domestic partnership terminated due to the death of a spouse or
domestic partner.
(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.
(F) Both persons register as a domestic partnership with a state
or local government entity, if any such registration is provided for
at the state or local level.
(2) "Share the same regular and permanent primary residence" means
that two people are cohabitants. It is not necessary that the legal
right to possess the common primary residence be in both of their
names.
(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 in
writing 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.
(d) (1) If a domestic partnership terminates, the employee or
subscriber cannot have another domestic partner added to coverage
until six months after the termination of the previous domestic
partnership, unless the previous domestic partnership ended because
the domestic partner died.
(2) A subscriber with coverage for a domestic partner shall agree
in writing to do the following:
(A) Provide, upon request by the employer or health care service
plan, an affidavit signed under penalty of perjury by both domestic
partners certifying that they meet the criteria for domestic partners
set forth in this section.
(B) File with the employer or health care service plan a notice of
termination of the domestic partnership within 30 days of its
termination.
(e)
(c) Nothing in this section shall be construed to expand the
requirements of Section 4980B of Title 26 of the United States Code,
Section 1161 et seq. of Title 29 of the United States Code, or
Section 300bb-1 et seq. of Title 42 of the United States Code, as
added by the Consolidated Omnibus Budget Reconciliation Act of 1985
(Public Law 99-272), and as may be later amended.
SEC. 2. Section 10121.7 is added to the Insurance Code, to read:
10121.7. (a) A disability insurer that offers hospital, medical,
or surgical coverage on a group basis shall offer coverage to
employers or associations for domestic partners of employees or other
persons entitled to elect coverage to the same extent, and subject
to the same terms and conditions, as provided to dependents of
employees or those other persons.
(b) A disability insurer that provides hospital, medical, or
surgical benefits for employees or other persons entitled to elect
coverage and their dependents shall enroll as a dependent, upon
application by the employer or group administrator, a domestic
partner of an employee or other person entitled to elect coverage in
accordance with terms and conditions of the group contract that apply
generally to all dependents under the policy, including coordination
of benefits.
(c) For purposes of this section, the following definitions apply:
(1) "Domestic partner" means an adult individual who has chosen to
share in another adult individual'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 certify in writing that they share the same
regular and permanent primary residence and have shared a common
residence for the previous six months.
(B) Both persons agree in writing 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, nor has been married or a member of another domestic
partnership during the preceding six months, unless such marriage or
domestic partnership terminated due to the death of a spouse or
domestic partner.
(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.
(F) Both persons register as a domestic partnership with a state
or local government entity, if any such registration is provided for
at the state or local level.
(2) "Share the same regular and permanent primary residence" means
that two people are cohabitants. It is not necessary that the legal
right to possess the common primary residence be in both of their
names.
(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 in
writing 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.
(d) (1) If a domestic partnership terminates, the employee or
other covered person cannot have another domestic partner added to
coverage until six months after the termination of the previous
domestic partnership, unless the previous domestic partnership ended
because the domestic partner died.
(2) An insured with coverage for a domestic partner shall agree in
writing to do the following:
(A) Provide, upon request by the employer or insurer, an affidavit
signed under penalty of perjury by both domestic partners certifying
that they meet the criteria for domestic partners set forth in this
section.
(B) File with the employer or insurer a notice of termination of
the domestic partnership within 30 days of its termination.
(e)
(c) Nothing in this section shall be construed to expand the
requirements of Section 4980B of Title 26 of the United States Code,
Section 1161 et seq. of Title 29 of the United States Code, or
Section 300bb-1 et seq. of Title 42 of the United States Code, as
added by the Consolidated Omnibus Budget Reconciliation Act of 1985
(Public Law 99-272), and as may be later amended.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution for certain
costs that may be incurred by a local agency or school district
because in that regard 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.