BILL ANALYSIS
AB 1541
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Date of Hearing: May 20, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 1541 (Committee on Health) - As Amended: May 13, 2009
Policy Committee: Health Vote:19-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill conforms California law to a provision of the American
Recovery and Reinvestment Act (ARRA) that addresses how long
individuals losing Healthy Families Program (HFP) or Medi-Cal
coverage (with no share of cost) have to request enrollment in
group coverage without being considered a late enrollee.
Specifically, this bill increases the time period from 30 days
to 60 days. This bill also expresses intent language to enact
legislation related to the Children's Health Insurance Program
Reauthorization Act of 2009 (CHIPRA), which reauthorizes HFP.
FISCAL EFFECT
No direct fiscal impact for the California Department of Managed
Health Care (DMHC), the California Department of Insurance
(CDI), Managed Risk Medical Insurance Board (MRMIB), or
Department of Health Care Services (DMHC) to continue oversight
of health coverage enrollment and termination.
COMMENTS
1) Rationale . This bill makes a change to state law required in
CHIPRA. Federal law allows an employee or dependent to enroll
in coverage under the terms of a group health plan for up to
60 days after the date of termination of HFP or Medi-cal
coverage. Current California law contains a similar
provision, but the person must enroll within 30 days after
termination of coverage. This bill conforms the time frame in
California health insurance law to the time frame in federal
tax law.
2) Background . Current state law authorizes health plans and
AB 1541
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insurers to exclude late enrollees, as defined, from group
health care coverage for up to twelve months from the date of
the enrollee's application for coverage. State law defines a
late enrollee as an eligible employee or dependent who
previously declined group health coverage and who later
requests enrollment in that plan. This bill increases the
time period under which an individual may not be denied
coverage by extending the time until an individual is deemed
a late enrollee.
Analysis Prepared by : Mary Ader / APPR. / (916) 319-2081