BILL NUMBER: AB 1636	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 11, 2012

INTRODUCED BY   Assembly Member Monning

                        FEBRUARY 9, 2012

   An act to add Section 1348.10 to the Health and Safety Code,
relating to health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1636, as amended, Monning. Health and wellness programs.
   Existing law provides for the licensure and regulation of health
care service plans by the Department of Managed Health Care. Existing
law provides for the regulation of health insurers by the Department
of Insurance. The California Health Benefit Exchange is established
in state government to facilitate enrollment of qualified individuals
in qualified health plans. The State Department of Public Health is
authorized to perform specified activities relating to the
protection, preservation, and advancement of public health.
   This bill would require the Department of Managed Health Care, in
collaboration with the Department of Insurance, the California Health
Benefit Exchange, and the State Department of Public Health, to
convene a special committee  consisting of   specified
members  to review and evaluate health and wellness incentive
and rewards programs offered by health care service plans, health
insurers, and employers. The bill would require the committee to
evaluate these programs for effectiveness based upon scientific
evidence and to examine the extent to which these programs may result
in specified discrimination. The bill would require the committee to
meet publicly and would require the first meeting to be conducted no
later than March 30, 2013.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 1348.10 is added to the Health and Safety Code,
to read:
   1348.10.  (a) The Department of Managed Health Care, in
collaboration with the Department of Insurance, the California Health
Benefit Exchange, and the State Department of Public Health, shall
convene a special committee to review and evaluate health and
wellness incentive and rewards programs offered by health care
service plans, health insurers, and employers.
   (b) The committee shall focus on the study of programs that
provide incentives and rewards for enrollees, insureds, and employees
to become more engaged in their health care and make choices that
support health promotion and wellness, including worksite wellness
programs and programs that offer or require health risk appraisals,
screening services, smoking cessation, health premium reductions,
differential copayment or coinsurance amounts, and cash payments
related to health promotion activities.
   (c) The committee shall evaluate these programs for effectiveness
based upon scientific evidence. The committee shall examine the
extent to which these programs may result in discrimination based
upon income, age, gender, race, ethnicity, medical condition, genetic
information, claims experience, medical history, evidence of
insurability, or any other health status-related factor.
   (d) The committee shall meet publicly and engage experts and
stakeholders in its deliberations. The first meeting of the special
committee shall be conducted no later than March 30, 2013. 
   (e) Members of the committee shall include, but shall not be
limited to, a bioethicist, a representative of the health care
coverage industry, a physician and surgeon with expertise in managing
patients with chronic conditions, a representative of consumers from
low-income communities, a representative of consumers from
communities of color, a health researcher with expertise in the
impact of premium and cost-sharing on health care utilization, and an
employer with experience in operating a nationally recognized
worksite wellness program.