Bill Text: CA AB4 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Covered California: expansion.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Engrossed) 2024-08-15 - In committee: Held under submission. [AB4 Detail]

Download: California-2023-AB4-Amended.html

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Amended  IN  Senate  July 13, 2023

Amended  IN  Senate  June 27, 2023

Amended  IN  Senate  June 20, 2023

Amended  IN  Assembly  March 09, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 4

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Introduced by Assembly Member Arambula
(Principal coauthor: Assembly Member Cervantes)
(Principal coauthor: Senator Durazo)
(Coauthors: Assembly Members Addis, Juan Carrillo, Wendy Carrillo, Lee, McCarty, McKinnor, Ortega, and Santiago)
(Coauthors: Senators Gonzalez Gonzalez, Rubio, and Wiener)

December 05, 2022

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An act to repeal and add Section 100522 of the Government Code, relating to health care.

LEGISLATIVE COUNSEL'S DIGEST

AB 4, as amended, Arambula. Covered California: expansion.

Existing federal law, the Patient Protection and Affordable Care Act (PPACA), requires each state to establish an American Health Benefit Exchange to facilitate the purchase of qualified health benefit plans by qualified individuals and qualified small employers. Existing state law creates the California Health Benefit Exchange, also known as Covered California, to facilitate the enrollment of qualified individuals and qualified small employers in qualified health plans as required under PPACA. Existing law requires the Exchange to apply for a federal waiver to allow persons otherwise not able to obtain coverage through the Exchange because of their immigration status to obtain coverage from the Exchange.

This bill would delete that requirement and would instead require the Exchange, in consultation with stakeholders and the Legislature, to develop options for expanding access to affordable health care coverage to Californians regardless of immigration status. The bill would require the Exchange to report those options to the Legislature and Governor on or before February 1, 2024, and would require the Exchange to post the report publicly on its internet website. Exchange to administer a program to allow persons otherwise not able to obtain coverage by reason of immigration status to enroll in health insurance coverage in a manner as substantially similar to other Californians as feasible given existing federal law and rules. The bill would require the Exchange to undertake outreach, marketing, and other efforts to ensure enrollment. The bill would also require the Exchange to adopt an annual program design for each coverage year to implement the program, and would require the Exchange to provide appropriate opportunities for stakeholders, including the Legislature, and the public to consult on the design of the program.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

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

SECTION 1.

 The Legislature finds and declares all of the following:

(a) One of the state’s essential goals is to achieve health and mental health equity throughout California by reducing disparities in access to health care among vulnerable and underserved communities.

(b) Californians who have historically and systematically faced barriers to accessing health care include people of color and immigrants, both documented and undocumented.

(c) Despite the fact that collectively millions of undocumented Californians contribute approximately $3,700,000,000 in state and local taxes ever year, they are unable to access the same subsidized health care as other taxpayers in the state.

(d) Access to affordable health care coverage has been demonstrated to positively impact the health and well-being of people.

(e) It is the intent of the Legislature to ensure that all Californians have access to affordable health care coverage by removing immigration status as a barrier to eligibility.

SEC. 2.

 Section 100522 of the Government Code is repealed.

SEC. 3.

 Section 100522 is added to the Government Code, to read:

100522.

(a)The Exchange, in consultation with stakeholders and the Legislature, shall develop options for expanding access to affordable health care coverage to Californians regardless of immigration status.

(b)On or before February 1, 2024, the Exchange shall report the options developed pursuant to subdivision (a) to the Legislature and Governor. The report shall be submitted in compliance with Section 9795. The Exchange shall also make the report publicly available on its internet website.

100522.

 (a) (1) The Exchange shall administer a program to allow persons otherwise not able to obtain coverage by reason of immigration status to enroll in health insurance coverage in a manner as substantially similar to other Californians as feasible given existing federal law and rules and apply for subsidies, if available.

(2) Substantially similar coverage shall include eligibility determination, benefit design, contracting requirements, and any other provisions of state or federal law.

(3) Substantially similar coverage shall include subsidies for premiums and cost sharing if funding is made available for that purpose by either the state or federal government or any combination thereof.

(b) The Exchange shall undertake outreach, marketing, and other efforts to ensure enrollment of persons subject to this section.

(c) The Exchange shall adopt, and may amend, an annual program design for each coverage year to implement this section by resolution of the board. The resolution shall be adopted at a duly noticed meeting.

(d) The Exchange shall provide appropriate opportunities for stakeholders, including the Legislature, and the public to consult on the design of the program.

(e) (1) The Exchange shall require an issuer that offers a qualified health plan in the individual market through the Exchange to concurrently offer qualified health plans to persons subject to this section.

(2) The qualified health plans offered to persons enrolled under this section shall meet the requirements of subdivisions (a), (b), (c), and (d) of Section 1366.6 of the Health and Safety Code and subdivisions (a), (b), (c), and (d) of Section 10112.3 of the Insurance Code.

(3) The qualified health plans offered to persons enrolled under this section shall be identical to the qualified health plans offered to other enrollees, except for the eligibility requirements in this section.

(f) An applicant for coverage under this section shall be required to provide only the information strictly necessary to authenticate identity and determine eligibility under this section. A person who receives information provided by an applicant under this section, whether directly or by another person at the request of the applicant, or receives information from any agency, shall use the information only for the purposes of, and to the extent necessary for, ensuring the efficient operation of the Exchange, including verifying the eligibility of an individual to enroll through the Exchange. That information shall not be disclosed to any other person except as provided in this section.