BILL ANALYSIS
AB 171
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 171 (Jones)
As Amended July 15, 2009
Majority vote
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|ASSEMBLY: |78-0 |(May 11, 2009) |SENATE: |38-0 |(August 27, |
| | | | | |2009) |
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Original Committee Reference: B. & P.
SUMMARY : Establishes requirements governing the arrangement of
credit cards and loans for dental services and prohibits a
dentist, or an employee or agent of a dentist, from charging to
a third party line of credit for services that have not been
rendered, or costs that have not been incurred, unless the
patient receives a list of treatment and services to be
rendered, including the estimated costs, and a written treatment
plan, as specified.
The Senate amendments :
1)Require a staff-model dental health care service plan that
arranges for or establishes credit extended by a third party
to establish and comply with policies and procedures that
ensure:
a) That its dentists, employees, and agents, and employees
or agents of its dentists, comply with this bill; and,
b) That, within 15 business days of an enrollee's request,
the plan refunds to a lender any payment received through
that credit for treatment that has not been rendered or
costs that have not been incurred.
2)Require, at a minimum, a staff-model dental health care
service plan that directly extends credit or establishes a
payment plan to establish and comply with policies and
procedures that ensure that, within 15 business days of an
enrollee's request, the plan refunds to the enrollee any
AB 171
Page 2
payment received through that credit or payment plan for
treatment that has not been rendered or costs that have not
been incurred.
3)Define the following:
a) "Staff-model dental health care service plan" means a
specialized health care service plan that contracts to
provide coverage for dental care services and that retains
dentists as employees to care for its enrollees; and,
b) "Enrollee" includes, but is not limited to, an
enrollee's parent or other legal representative.
4)Make technical and clarifying amendments.
EXISTING LAW prohibits unfair methods of competition and unfair
or deceptive acts or practices in the sale or lease of goods or
services. Allows a consumer who suffers any damage as a result
of unfair methods of competition and unfair or deceptive acts or
practices to bring an action to recover damages, as specified.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version passed by the Senate, but did not include
provisions relating to staff-model dental health care service
plans.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, no direct fiscal impact to the California Department
of Consumer Affairs to continue oversight of professionals under
the jurisdiction of the California Dental Board.
Analysis Prepared by : Sarah Huchel / B. & P. / (916) 319-3301
FN: 0002171