BILL ANALYSIS                                                                                                                                                                                                    



                                                          AB 1059  
                                                         Page 1

CONCURRENCE IN SENATE AMENDMENTS
AB 1059 (Migden)
As Amended July 9, 1997
Majority vote

  ASSEMBLY: 42-35 (June 2, 1997)  SENATE:  21-14 (August 28, 1997)     


Original Committee Reference:   INS.  

  SUMMARY  :  Requires health plans that offer benefits to the  
dependents of an employee or subscriber to offer those benefits on  
the same terms to a domestic partner.  Specifically,  this bill   
requires group health care service contracts to provide the same  
benefits to the domestic partner of a subscriber or employee as  
they provide to dependents.

  The Senate amendments  reinsert a previously deleted definition of  
"domestic partner," and require the partners, on request, to file  
an affidavit signed under penalty of perjury that they meet the  
definitional requirements.

  AS PASSED BY THE ASSEMBLY , this bill required health insurers to  
offer (but did not require employers to purchase) benefits to  
domestic partners, but did not define the term.
 
  FISCAL EFFECT  :  Unknown.  This bill does not require any employer  
to provide domestic partner benefits.

  COMMENTS  :  The author introduced this bill to address the paradox  
current law poses for unmarried couples.  The Unruh Civil Rights  
Act, as well as an explicit regulation applicable to the business  
of insurance, provide that no Californians will be discriminated  
against based on their marital status or sexual orientation.  Yet  
health plans currently offer benefits to spouses that are not  
available to a person's unmarried partner.  This paradox is  
particularly acute for same-sex couples, who are prohibited from  
having their committed and exclusive relationships recognized as  
marriages.  A court case (  Beaty v. Truck Ins. Exchange  (1992) 6  
Cal.App.4th 1455) appears to permit this under the Unruh Act.   
Elderly couples who form committed and caring relationships share  
a similar problem.  This bill helps resolve the current conflict  
in law with respect to health benefits.  Unmarried couples who  
meet specific legal requirements will not be denied access to  
health benefits for their partner solely because of their sexual  
orientation or marital status.   


  Analysis prepared by  :  David Link / ains / (916) 445-9160
                                                                    

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