BILL NUMBER: AB 1059 ENROLLED
BILL TEXT
PASSED THE ASSEMBLY AUGUST 28, 1998
PASSED THE SENATE SEPTEMBER 8, 1997
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, 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 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.
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) 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) 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.