BILL NUMBER: SB 529	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wyland

                        FEBRUARY 27, 2009

   An act to amend Section 1344 of the Health and Safety Code,
relating to health care service plans.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 529, as introduced, Wyland. Health care service plans.
   Existing law, the Knox-Keene Health Care Service Plan Act of 1975,
provides for the licensure and regulation of health care service
plans by the Department of Managed Health Care. Existing law
authorizes the director of that department to adopt, amend, and
rescind rules, form, and orders that are necessary to carry out the
provisions of the act, as specified.
   This bill would make technical, nonsubstantive changes to that
provision.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1344 of the Health and Safety Code is amended
to read:
   1344.  (a) The director may from time to time adopt, amend, and
rescind  such   any  rules, forms, and
orders  as   that  are necessary to carry
out the provisions of this chapter, including rules governing
applications and reports, and defining any terms, whether or not used
in this chapter, insofar as the definitions are not inconsistent
with the provisions of this chapter. For the purpose of rules and
forms, the director may classify persons and matters within the
director's jurisdiction, and may prescribe different requirements for
different classes. The director may waive any requirement of any
rule or form in situations where in the director's discretion
 such   that  requirement is not necessary
in the public interest or for the protection of the public,
subscribers, enrollees, or persons or plans subject to this chapter.
The director may adopt rules consistent with federal regulations and
statutes to regulate health care coverage supplementing Medicare.
   (b) The director may honor requests from interested parties for
interpretive opinions.
   (c) No provision of this chapter imposing any liability applies to
any act done or omitted in good faith in conformity with any rule,
form, order, or written interpretive opinion of the director, or any
 such  opinion of the Attorney General,
notwithstanding that the rule, form, order, or written interpretive
opinion may later be amended or rescinded or be determined by
judicial or other authority to be invalid for any reason.