Amended in Senate August 19, 2014

Amended in Senate July 1, 2014

Amended in Senate June 17, 2014

Amended in Assembly May 23, 2014

Amended in Assembly April 2, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1877


Introduced by Assembly Member Cooley

(Coauthors: Assembly Members Dickinson, Beth Gaines, and Pan)

(Coauthor: Senator Gaines)

February 19, 2014


An act to add Title 22.1 (commencing with Section 100600) to the Government Code, relating to health care coverage,begin delete making an appropriation therefor,end delete and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 1877, as amended, Cooley. California Vision Care Access Council.

Existing law, the federal Patient Protection and Affordable Care Act, requires each state to establish an American Health Benefits Exchange to facilitate the purchase of qualified health plans by qualified individuals and small employers. PPACA prohibits an Exchange from making available any health plan other than a qualified health plan, except for certain stand-alone dental plans. Existing state law establishes the California Health Benefit Exchange within state government, specifies the powers and duties of the board governing the Exchange, and requires the board to facilitate the purchase of qualified health plans through the Exchange by qualified individuals and small employers by January 1, 2014.

This bill would establish the California Vision Care Access Council within state government and would require that the Council be governed by the executive board that governs the California Health Benefit Exchange. The bill would require the Council to establish an interagency agreement with the California Health Benefit Exchange allowing the Council to utilize the executive, administrative, and other related resources of the Exchange and would prohibit the use of specified Exchange funds for purposes of the Council. The bill would require the Council to construct, manage, and maintainbegin delete a marketplace for the purchase of vision plans through participating carriers by qualified individuals and qualified employers and would require the Council to facilitate enrollment of those individuals and employers in plans offered by the Council through licensed insurance agents.end deletebegin insert an Internet Web site to inform consumers about individual and employer-based vision plans offered by participating carriers.end insert The bill would require the Council to work with the Exchange to establish a direct link betweenbegin insert that Internet Web site andend insert the Internet Web site of the Exchangebegin delete and the Internet Web site of the Council in order to connect consumers of the Exchange to the marketplace established by the Council and to licensed insurance agentsend delete. The bill would require the Council to refer consumer questions regarding health care eligibility and enrollment options to the Exchange and to licensed insurance agents, as specified.

This bill would impose specified requirements on participating carriers and would also require the Council to establish other requirements for carrier participationbegin delete in the marketplaceend delete and the standards and criteria forbegin delete selectingend deletebegin insert participatingend insert vision plans that are in the best interests ofbegin delete qualifiedend delete individuals and employersbegin insert eligible to purchase coverage through the end insertEbegin insertxchangeend insert. The bill would requirebegin insert participating vision plans to be issued on a guarantee issue basis without preexisting condition provisions and would requireend insert a participating carrier tobegin delete submit a justification for a premium increase to the Council prior to implementing the increase andend delete make available to consumers an electronic directory of contracting vision care providers. The bill would also enact other related provisions.

This bill would create the California Vision Care Access Trustbegin delete Fund as a continuously appropriated fund, thereby making an appropriationend deletebegin insert Fund, the moneys of which would be available to the board for purposes of the bill’s provisions upon appropriaton by the Legislatureend insert, would authorize the Council to assess a charge onbegin delete the vision plans offered by participating carriers through the Councilend deletebegin insert participating vision plansend insert that is reasonable and necessary to support the development, operations, and prudent cash management of the Council, and would make the implementation of the bill’s provisions contingent on a determination by the board thatbegin delete at least $250,000 exists in the fundend deletebegin insert sufficient moneys exist in the fund to implement the bill’s provisionsend insert. The bill would prohibit General Fund moneys from being used for any of these purposes and would require that any costs associated with the implementation of these provisions be paid from the California Vision Care Access Trust Fund.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 23. Appropriation: begin deleteyes end deletebegin insertnoend insert. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

This act shall be known and may be cited as the
2California Vision Care Access Act.

3

SEC. 2.  

It is the intent of the Legislature to make the statutory
4changes to California law necessary to establish a Vision Care
5Access Council in California in a manner that is consistent with
6the rules, regulations, and guidance implementing the federal
7Patient Protection and Affordable Care Act (Public Law 111-148),
8as amended by the federal Health Care and Education
9Reconciliation Act of 2010 (Public Law 111-152), hereafter the
10federal act. In doing so, it is the intent of the Legislature to dobegin delete allend delete
11begin insert bothend insert of the following:

12(a) Provide Californians an organized, transparentbegin delete marketplace
13for the purchase ofend delete
begin insert Internet Web site to provide information aboutend insert
14 affordable, quality vision care coverage, augmenting and
15supplementing the essential health benefits available through the
16California Health Benefit Exchange.

begin delete

17(b) Guarantee the availability of vision coverage through the
18private health insurance market to qualified individuals and
19employees of qualified employers.

end delete
begin delete

P4    1(c) Offer specialized vision health care service plan and health
2insurance coverage in the individual and group markets on the
3basis of price, quality, and service.

end delete
begin delete

4(d)

end delete

5begin insert(b)end insert Meet the requirements of the federal act and all applicable
6federal guidance, rules, and regulations.

7

SEC. 3.  

Title 22.1 (commencing with Section 100600) is added
8to the Government Code, to read:

9 

10Title 22.1.  CALIFORNIA VISION CARE ACCESS
11begin delete MARKETPLACEend deletebegin insert COUNCILend insert

12

 

13

100600.  

For purposes of this title, the following definitions
14shall apply:

15(a) “Board” means the board described in subdivision (a) of
16Section 100601.

17(b) “Carrier” means either a private health insurer holding a
18valid outstanding certificate of authority from the Insurance
19Commissioner or a health care service plan, as defined under
20subdivision (f) of Section 1345 of the Health and Safety Code,
21licensed by the Department of Managed Health Care.

22(c) “Council” means the Vision Care Access Council created
23by Section 100601.

24(d) “Exchange” means the California Health Benefit Exchange
25 established by Section 100500.

26(e) “Federal act” means the federal Patient Protection and
27Affordable Care Act (Public Law 111-148), as amended by the
28federal Health Care and Education Reconciliation Act of 2010
29(Public Law 111-152), and any amendments to, or regulations or
30guidance issued under, those acts.

31(f) “Fund” means the California Vision Care Access Trust Fund
32established by Section 100620.

33(g) “Licensed agent” means an individual licensed by the
34Department of Insurance pursuant to Section 1626 of the Insurance
35Code.

begin delete

36(h) “Marketplace” means the marketplace established under
37Section 100603.

end delete
begin delete

38(i)

end delete

39begin insert(h)end insert “Preexisting condition provision” means a policy provision
40that excludes coverage for charges or expenses incurred during a
P5    1specified period following the insured’s effective date of coverage,
2as to a condition for which medical advice, diagnosis, care, or
3treatment relating to vision was recommended or received during
4a specified period immediately preceding the effective date of
5coverage.

begin delete

6(j)

end delete

7begin insert(i)end insert “Qualified individual” means an individual who is eligible
8to purchase coverage through the Exchange.

begin delete

9(k)

end delete

10begin insert(j)end insert “Qualified employer” means an employer that is eligible to
11purchase coverage through the Exchange.

begin delete

12(l)

end delete

13begin insert(k)end insert “Vision plan” means a specialized health care service plan
14contract, as defined in Section 1345 of the Health and Safety Code,
15covering vision care services or a specialized health insurance
16policy, as defined in Section 106 of the Insurance Code, covering
17vision care services.

18

100601.  

(a) There is in the state government the California
19Vision Care Access Council, an independent public entity not
20affiliated with an agency or department, which shall be known as
21the Council. The Council shall be governed by the executive board
22established pursuant to Section 100500. The board shall be subject
23to Section 100500.

24(b) (1) To the extent permitted by the federal act, the Council
25shall establish an interagency agreement with the Exchange
26allowing the Council to utilize the executive, administrative, and
27other related resources of the Exchange, including, but not limited
28to, the staff employed by the Exchange and the programming and
29information technology infrastructure supporting the Exchange.

30(2) In addition to establishing an interagency agreement under
31paragraph (1), the Council may establish interagency agreements
32with other agencies for the purposes of contracting for executive,
33administrative, and other related services, if necessary.

34(c) Each member of the board shall have the responsibility and
35duty to meet the requirements of this title, the federal act, and all
36applicable state and federal laws and regulations, to serve the public
37interest of the individuals and small businesses seeking health care
38coverage through the Council, and to ensure the operational
39well-being and fiscal solvency of the Council.

P6    1(d) There shall not be any liability in a private capacity on the
2part of the board or any member of the board, or any officer or
3employee of the board, for or on account of any act performed or
4obligation entered into in an official capacity, when done in good
5faith, without the intent to defraud, and in connection with the
6administration, management, or conduct of this title or affairs
7related to this title.

8(e) A member of the board or staff of the Council shall not be
9employed by, a consultant to, a member of the board of directors
10of, affiliated with, or otherwise a representative of, an optical
11company that manufactures, sells, or distributes lenses, frames, or
12other vision care appliances.

13

100603.  

The Council shall, at a minimum, do all of the
14following:

15(a) Construct, manage, and maintainbegin delete a marketplace for the
16purchase of vision plans through participating carriers by qualified
17individuals and qualified employers. The marketplaceend delete
begin insert an Internet
18Web site, separate from the Internet Web site established by the
19Exchange, to inform consumers about participating individual and
20employer-based vision plans that are available to qualified
21individuals and qualified employers. The Internet Web siteend insert
shall
22offer full and complete carrier information to consumersbegin delete, shall
23ensure a secure purchase functionality,end delete
and shall allow enrollees
24and prospective enrollees to obtain standardized comparative
25information on thebegin delete plans offered through the marketplace.end delete
26begin insert participating vision plans.end insert

begin delete

27(b) Maintain an Internet Web site, separate from the Internet
28Web site established by the Exchange, through which enrollees
29and prospective enrollees of vision plans may obtain standardized
30comparative information on the plans offered in the marketplace.

31(c)

end delete

32begin insert(b)end insert Work cooperatively with the Exchange to establish a direct
33link from the Internet Web site maintained by the Exchange tobegin delete an
34Internet Web site maintained by the Council to connect Exchange
35consumers to the marketplace and to licensed agents.end delete
begin insert the Internet
36Web site described in subdivision (a).end insert

begin delete

37(d) Make the marketplace available to individuals without access
38to the Internet.

end delete
begin delete

39(e)

end delete

P7    1begin insert(c)end insert Determine the minimum requirements a carrier shall meet
2to be considered for participation in thebegin delete marketplaceend deletebegin insert Internet Web
3site described in subdivision (a)end insert
, and the standards and criteria for
4begin delete selectingend deletebegin insert participatingend insert vision plansbegin delete to be offered through the
5marketplaceend delete
that are in the best interests ofbegin delete consumersend deletebegin insert qualified
6individuals and qualified employersend insert
. The board shall consistently
7and uniformly apply these requirements, standards, and criteria to
8all carriers. begin delete In the course of selectively contracting for vision
9coverage offered to qualified individuals and qualified employers
10through the Council, the board shall seek to contract with carriers
11so as to provide vision coverage choices that offer the optimal
12combination of choice, value, quality, and service.end delete
The
13requirements adopted pursuant to this subdivision shall, at a
14minimum, include the following:

15(1) A requirement that a carrier meet a minimum net asset
16threshold as determined by the Council to ensure that it is both
17well established and can demonstrate that it offers a proven model
18for providing vision care coverage in California. The Council may
19also consider the usefulness of setting a minimum annual premium
20revenue as evidence of the soundness of the carrier.

21(2) A requirement that a carrier have, and continuously maintain,
22an established Internet Web site.

23(3) A requirement that a carrier demonstrate to the Council
24adequate vision care coverage networks sufficient to ensure
25convenient geographic access to vision care in California.

26(4) A requirement that a carrier demonstrate to the Council
27adequate, multilingual consumer service and benefit delivery
28capabilities.

29(5) Any other requirements determined necessary by the board
30based on input from health care consumer advocacy organizations,
31representatives of the optometry and ophthalmology industries,
32health insurers, health care service plans, and licensed agents.

begin delete

33(f)

end delete

34begin insert(d)end insert Requirebegin insert participatingend insert vision plansbegin delete offered in the marketplaceend delete
35 to do both of the following:

36(1) (A) Make available to the public, and the Insurance
37Commissioner or the Department of Managed Health Care, as
38applicable, accurate and timely disclosure of the following
39information:

40(i) Claims payment policies and practices.

P8    1(ii) Periodic financial disclosures.

2(iii) Data on enrollment.

3(iv) Data on disenrollment.

4(v) Data on the number of claims that are denied.

5(vi) Information on cost sharing and payments with respect to
6any out-of-network coverage.

7(B) The information required under subparagraph (A) shall be
8provided in plain language.

9(2) Permit individuals to learn, in a timely manner upon the
10request of the individual, the amount of cost sharing, including,
11but not limited to, deductibles, copayments, and coinsurance, under
12the individual’s plan or coverage that the individual would be
13responsible for paying with respect to the furnishing of a specific
14item or service by a participating provider. At a minimum, this
15information shall be made available to the individual through an
16Internet Web site, through licensed agents, and through other means
17for individuals without access to the Internet.

begin delete

18(g) Provide for the operation of a toll-free telephone hotline to
19respond to requests for assistance.

end delete
begin delete

20(h) Establish and make available by electronic means a
21calculator to determine the actual cost of a vision plan for a
22consumer.

end delete
begin delete

23(i) Conduct public education activities to raise awareness of the
24availability of vision plans through the Council.

end delete
begin delete

25(j)

end delete

26begin insert(e)end insert Distribute fair and impartial information concerning
27enrollment inbegin delete coverage offered through the Council.end deletebegin insert participating
28vision plans. end insert

begin delete

29(k) Facilitate enrollment of qualified individuals and qualified
30employers in vision plans offered through the Council by licensed
31agents.

end delete
begin delete

32(l)

end delete

33begin insert(f)end insert Provide referrals to any applicable office of health insurance
34consumer assistance or health insurance ombudsman, or any other
35appropriate state agency or agencies, for any enrollee with a
36grievance, complaint, or question regarding a participating carrier,
37coverage purchased pursuant to this title, or a determination by
38the carrier or under that coverage.

begin delete

39(m)

end delete

P9    1begin insert(g)end insert Provide information in a manner that is culturally and
2linguistically appropriate to the needs of the population being
3served by the Council using the services of licensed agents.

begin delete

4(n) Undertake activities necessary to market and publicize the
5availability of vision plans through the Council, ensuring clear
6communication to consumers that federal subsidies are not
7available for this coverage. The board shall also undertake outreach
8and enrollment activities using licensed agents to assist enrollees
9and potential enrollees with enrolling and reenrolling in the
10coverage offered by the Council in the least burdensome manner,
11including populations that may experience barriers to enrollment,
12such as the disabled and those with limited English language
13proficiency.

14(o)

end delete

15begin insert(h)end insert Employ necessary staff to the extent not provided pursuant
16to the interagency agreements established under Section 100601.

begin delete

17(p)

end delete

18begin insert(i)end insert Assess a charge on thebegin delete vision plans offered by participating
19carriers through the marketplaceend delete
begin insert participating vision plansend insert that is
20reasonable and necessary to support the development, operations,
21and prudent cash management of the Council.

begin delete

22(q)

end delete

23begin insert(j)end insert Authorize expenditures, as necessary, from the fund to pay
24program expenses to administer the Council.

begin delete

25(r)

end delete

26begin insert(k)end insert Keep an accurate accounting of all activities, receipts, and
27expenditures, and annually publish a report concerning that
28accounting.

begin delete

29(s)

end delete

30begin insert(l)end insert (1) Annually publish a report on the implementation and
31performance of the Council functions during the preceding fiscal
32year, that shall be made available to the public on the Internet Web
33site of the Council.

34(2) In addition to the report described in paragraph (1), the
35Council shall be responsive to requests for additional information
36from the Legislature, including providing testimony and
37commenting on proposed state legislation or policy issues.

begin delete

38(t)

end delete

P10   1begin insert(m)end insert Exercise all powers reasonably necessary to carry out and
2comply with the duties, responsibilities, and requirements of this
3begin delete act.end deletebegin insert title. end insert

begin delete

4(u)

end delete

5begin insert(n)end insert Consult with stakeholders relevant to carrying out the
6activities under this title, including, but not limited to, all of the
7following:

8(1) Health care consumers who are enrolled in vision plans.

9(2) Individuals and entities with experience in facilitating
10enrollment in vision plans.

11(3) Representatives of small businesses and self-employed
12individuals.

13(4) Licensed agents.

begin delete

14(v)

end delete

15begin insert(o)end insert Require participating carriers to regularly, as determined by
16the Council, provide the Council with enrollment or disenrollment
17data.

begin delete

18(w) Ensure that the Council provides oral interpretation services
19in any language for individuals seeking coverage through the
20Council and makes available a toll-free telephone number for the
21hearing and speech impaired. The Council shall ensure that

end delete

22begin insert(p)end insertbegin insertend insertbegin insertEnsure thatend insert written information made available by the
23Council is presented in a plainly worded, easily understandable
24format and made available in California’s prevalent languages.

begin delete

25(x)

end delete

26begin insert(q)end insert Provide a choice of carrier in each region of the state.

begin delete

27(y) (1)

end delete

28begin insert(r)end insert Require, as a condition of participation in the Council,
29begin delete carriers that sell vision products outside the Council to do all of
30the following:end delete
begin insert a vision plan to do the following: end insert

begin delete

31(A) Fairly and affirmatively offer, market, and sell all products
32made available to individuals in the marketplace to individuals
33purchasing coverage outside the Council. The products available
34to individuals in the marketplace shall be the same individual
35products as offered outside the Council through licensed agents.

36(B) Fairly and affirmatively offer, market, and sell all products
37made available to employers in the marketplace to employers
38purchasing coverage outside the Council. The products available
39 to employers in the marketplace shall be the same employer
P11   1coverage products as offered outside the Council through licensed
2agents.

3(C)

end delete

4begin insert(1)end insert Not impose any preexisting condition provision upon any
5enrollee.

begin delete

6(D) Fairly and affirmatively offer, market, and sell all products

end delete

7begin insert(2)end insertbegin insertend insertbegin insertWith respect to an individual vision plan, be offered,
8marketed, and sold end insert
to allbegin delete employers, individuals,end deletebegin insert individualsend insert and
9dependents in each service area in which the carrier provides or
10arranges for vision carebegin delete services through the Council. end deletebegin insert services.end insert

begin delete

11(2) For purposes of this subdivision, “product” does not include
12contracts entered into pursuant to Part 6.2 (commencing with
13Section 12693) of Division 2 of the Insurance Code between the
14Managed Risk Medical Insurance Board and carriers for enrolled
15Healthy Families beneficiaries or contracts entered into pursuant
16to Chapter 7 (commencing with Section 14000) of, or Chapter 8
17(commencing with Section 14200) of, Part 3 of Division 9 of the
18Welfare and Institutions Code between the State Department of
19Health Care Services and carriers for enrolled Medi-Cal
20beneficiaries.

21(z) Determine and approve cost-sharing provisions for carriers.

22(aa) Standardize products to be offered through the Council.

end delete
begin insert

23(3) With respect to an employer-based vision plan, be offered,
24marketed, and sold to all employers and eligible employees and
25dependents in the applicable group market in each service area
26in which the carrier provides or arranges for vision care services.

end insert
begin delete

27(ab)

end delete

28begin insert(s)end insert Share information with relevant state departments, consistent
29with the confidentiality provisions in Section 1411 of the federal
30act, necessary for the administration of the Council.

begin delete

31(ac)

end delete

32begin insert(t)end insert Collect only that information from individuals or designees
33of individuals as is necessary to administer the Council and
34consistent with the federal act.

35

100605.  

The Council may do any of the following:

36(a) Enter into contracts.

37(b) Adopt an official seal.

38(c) Sue and be sued.

P12   1(d) Receive and accept gifts, grants, or donations of moneys
2from any agency of the United States, any agency of the state, any
3municipality, county, or other political subdivision of the state.

4(e) Receive and accept gifts, grants, or donations from
5individuals, associations, private foundations, or corporations, in
6compliance with the conflict-of-interest provisions to be adopted
7by the board at a public meeting.

8(f) Adopt rules and regulations as necessary.

begin delete
9

100606.  

(a) A participating carrier shall submit to the Council
10a written justification for a premium increase prior to implementing
11the increase.

12(b) 

end delete
13begin insert

begin insert100606.end insert  

end insert

begin insert(a)end insertbegin insertend insert A participating carrier shall utilize a standardized
14format for presenting vision plan options to the Council.

begin delete

15(c)

end delete

16begin insert(b)end insert The Council shall refer questions from consumers regarding
17eligibility and enrollment options for Medi-Cal or through the
18Exchange to the Exchange and to licensed agents.

begin delete

19(d) (1) 

end delete

20begin insert(c)end insertbegin insertend insertThe Council shall require a participating carrier to make
21available to consumers and regularly update an electronic directory
22 of contracting vision care providers in the carrier’s network.

begin delete

23(2) The Council may also require a participating carrier to
24provide regularly updated information to the Council as to whether
25a health care provider is accepting new patients for a particular
26vision plan.

end delete
begin delete

27(3) The Council may provide an integrated and uniform
28consumer directory of health care providers indicating which
29participating carriers the providers contract with and whether the
30providers are currently accepting new patients.

end delete
begin delete

31(4) The Council may establish methods by which health care
32providers may transmit relevant information directly to the Council,
33rather than through a participating carrier.

end delete
34

100607.  

(a) Notwithstanding any other law, the Council shall
35not be subject to licensure or regulation by the Department of
36Insurance or the Department of Managed Health Care.

37(b) begin deleteCarriers that contract with the Council end deletebegin insertParticipating carriers end insert
38shall have and maintain a license or certificate of authority from,
39and shall be in good standing with, their respective regulatory
40agencies.

P13   1(c) Nothing in this title shall be construed to require a qualified
2 health plan offered through the Exchange to contract with the
3Council in order to offer coverage for adult vision through the
4Exchange.

5

100609.  

Records of the Council that reveal any of the following
6shall be exempt from disclosure under the California Public
7Records Act (Chapter 3.5 (commencing with Section 6250) of
8Division 7 of Title 1):

9(a) The deliberative processes, discussions, communications,
10or any other portion of the negotiations with entities contracting
11or seeking to contract with the Council, entities with which the
12Council is considering a contract, or entities with which the Council
13is considering or enters into any other arrangement under which
14the Council provides, receives, or arranges services or
15reimbursement.

16(b) The impressions, opinions, recommendations, meeting
17minutes, research, work product, theories, or strategy of the board
18or its staff, or records that provide instructions, advice, or training
19to employees.

20

100620.  

(a) The California Vision Care Access Trust Fund is
21hereby created in the State Treasury for the purpose of this title.
22Moneys collected pursuant to this title shall be deposited in the
23fundbegin delete. Notwithstanding Section 13340, all moneys in the fund shall
24be continuously appropriated without regard to fiscal year for the
25purposes of this title.end delete
begin insert and, upon appropriation by the Legislature,
26shall be available to the board for purposes of this title.end insert
Any
27moneys in the fund that are unexpended or unencumbered at the
28end of a fiscal year may be carried forward to the next succeeding
29fiscal year.

30(b) Notwithstanding any other law, moneys deposited in the
31fund shall not be loaned to, or borrowed by, any other special fund
32or the General Fund, or a county general fund or any other county
33fund.

34(c) The Council shall establish and maintain a prudent reserve
35in the fund.

36(d) The board or staff of the Council shall not utilize any funds
37intended for the administrative and operational expenses of the
38Council for staff retreats, promotional giveaways, excessive
39executive compensation, or promotion of federal or state legislative
40or regulatory modifications.

P14   1(e) Notwithstanding Section 16305.7, all interest earned on the
2moneys that have been deposited into the fund shall be retained
3in the fund and used for purposes consistent with the fund.

4(f) (1) State General Fund moneys shall not be used for any
5purpose under this title.

6(2) Federal money paid to the state for the purpose of
7establishing an American Health Benefit Exchange, as described
8in Section 1311 of the federal act, and charges assessed by the
9Exchange pursuant to subdivision (n) of Section 100503 of the
10Government Code, shall not be used for purposes of this title.

11(3) Any costs associated with the implementation of this title,
12including, but not limited to, the proportionate cost of Exchange
13resources used for purposes of this title, shall be paid from the
14fund.

15

100621.  

(a) The implementation of the provisions of this title,
16other than this section and Sections 100601, 100605, and 100620,
17shall be contingent on a determination by the board thatbegin delete at least
18two hundred fifty thousand dollars ($250,000) exists in the fund.end delete

19begin insert sufficient moneys exist in the fund to implement this title.end insert

20(b) The board shall provide notice to the Joint Legislative Budget
21Committee and the Director of Finance when the financial
22threshold set forth in subdivision (a) has been reached.

23

SEC. 4.  

The Legislature finds and declares that Section 3 of
24this act, which adds Section 100609 to the Government Code,
25imposes a limitation on the public’s right of access to the meetings
26of public bodies or the writings of public officials and agencies
27within the meaning of Section 3 of Article I of the California
28Constitution. Pursuant to that constitutional provision, the
29Legislature makes the following findings to demonstrate the interest
30protected by this limitation and the need for protecting that interest:

31In order to ensure that the California Vision Care Access Council
32is not constrained in exercising its fiduciary powers and obligations
33to provide consumers with the most accessible and affordable
34begin insert information regardingend insert vision care benefitsbegin delete augmentingend deletebegin insert that
35augmentend insert
the benefits available through the California Health
36Benefit Exchange, the limitations on the public’s right of access
37imposed by Section 3 of this act are necessary.

38

SEC. 5.  

This act is an urgency statute necessary for the
39immediate preservation of the public peace, health, or safety within
P15   1the meaning of Article IV of the Constitution and shall go into
2immediate effect. The facts constituting the necessity are:

3In order to provide Californians an organized, transparent
4begin delete marketplace for the purchase ofend deletebegin insert Internet Web site to inform
5consumers aboutend insert
affordable, quality vision care coverage,
6augmenting and supplementing the essential health benefits
7available through the California Health Benefit Exchange in a
8manner consistent with evolving federal rules, regulations, and
9official guidance implementing the federal Patient Protection and
10Affordable Care Act (Public Law 111-148), as amended by the
11federal Health Care and Education Reconciliation Act of 2010
12(Public Law 111-152), it is necessary that this act take effect
13immediately.



O

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