BILL ANALYSIS
AB 119
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 119 (Jones)
As Amended August 25, 2009
Majority vote
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|ASSEMBLY: |51-29|(May 11, 2009) |SENATE: |24-13|(September 1, |
| | | | | |2009) |
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Original Committee Reference: HEALTH
SUMMARY : Prohibits health plans and health insurers from
charging a premium, price, or charge differential for health
care coverage because of the sex of the prospective subscriber,
enrollee, policyholder, or insured.
The Senate amendments :
1)Make this bill effective January 1, 2011.
2)Make technical, clarifying changes and add co-authors.
EXISTING LAW :
1)Provides for the regulation of health plans by the Department
of Managed Health Care (DMHC) under Knox-Keene and regulation
of disability insurers selling health insurance (health
insurers) by the California Department of Insurance (CDI)
under the Insurance Code.
2)Prohibits, under Knox-Keene, a health plan from refusing to
contract, canceling, or declining to renew or reinstate any
health plan contract because of the race, color, national
origin, ancestry, religion, sex, marital status, sexual
orientation, or age of any contracting party, prospective
contracting party, subscriber, enrollee, member, or otherwise.
3)Prohibits, in Knox-Keene, modification of benefits, coverage,
or the inclusion of any limitations, exceptions, exclusions,
reductions, copayments, coinsurance, deductibles,
reservations, or premium, price, or charge differentials
because of the race, color, national origin, ancestry,
religion, sex, marital status, sexual orientation, or age of
any contracting party, prospective contracting party,
AB 119
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subscriber, enrollee, member, or otherwise.
4)Establishes in Knox-Keene, for individual coverage, an
exception to 3) above for premium, price or charge
differentials because of the sex or age of any individual,
when based on objective, valid, and up-to-date statistical and
actuarial data.
5)Prohibits life and disability insurers, including health
insurers, from using race, color, religion, sex, national
origin, ancestry, or sexual orientation in determining whether
to offer insurance.
6)Prohibits life and disability insurers, including health
insurers, from using race, color, religion, national origin,
ancestry, or sexual orientation as a condition or risk for
which a higher rate, premium, or charge may be required to be
paid by an insured, but does not include sex in the prohibited
list of conditions or risks.
7)Authorizes in the Insurance Code, for life and disability
policies, including health insurance, premium, price, or
charge differentials because of the sex of the individual when
based on objective, valid, and up-to-date statistical and
actuarial date or sound underwriting practices.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version approved by the Senate.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
Analysis Prepared by : Deborah Kelch / HEALTH / (916) 319-2097
FN: 0002526