Bill Text: CA SB647 | 2017-2018 | Regular Session | Amended
Bill Title: Health care coverage: consumer complaints: reporting.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2018-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB647 Detail]
Download: California-2017-SB647-Amended.html
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Amended
IN
Senate
March 23, 2017 |
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Senate Bill | No. 647 |
| Introduced by Senator Pan |
February 17, 2017 |
An act to amend Section 511.3 of the Business and Professions Code, to amend Section 1375.7 of the Health and Safety Code, to amend Section 10178.4 of the Insurance Code, and to amend Section 4611 of the Labor Code, relating to health care providers. add Section 1348.97 to the Health and Safety Code, and to add Section 10191.7 to the Insurance Code, relating to health care coverage.
LEGISLATIVE COUNSEL'S DIGEST
SB 647, as amended, Pan.
Health care providers: contracts. Health care coverage: consumer complaints: reporting.
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 (DMHC) and makes a willful violation of the act a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. Existing law, the Health Care Providers’ Bill of Rights, prescribes restrictions on the types of contractual provisions that may be included in agreements between health care service plans and health care providers and agreements between health insurers and health care providers. Existing law provides that when a contracting agent sells, leases, or transfers a health care provider’s contract to a payor, the rights and obligations of the health care provider shall be governed by the underlying contract between the health care provider and the contracting agent.
Insurance (DOI). Existing law requires the Director of Managed Health Care to establish and maintain a toll-free telephone number for the purpose of receiving complaints regarding health care service plans regulated by the director, and requires the DMHC and its contractors to respond to complaints concerning health care coverage available in California. Existing law requires the commissioner to notify health insurance consumers of the method by which a consumer may register a complaint relating to health insurance issues with the DOI, and specifies the manner and timing of processing and resolution of complaints.
This bill would make technical, nonsubstantive changes to those provisions. require the DMHC and the DOI, no later than July 1, 2018, and annually on July 1
thereafter, to submit to the Legislature, and post on each department’s Internet Web site, a record of all complaints received by each department regarding employee welfare benefit plans as defined under the federal Employee Retirement Income Security Act of 1974.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1348.97 is added to the Health and Safety Code, to read:1348.97.
(a) No later than July 1, 2018, and annually on July 1 thereafter, the department shall submit to the Legislature, and post on the department’s Internet Web site, a record of all complaints it receives from consumers regarding employee welfare benefit plans, as defined in the federal Employee Retirement Income Security Act of 1974 (29 U.S.C. Sec. 1001, et seq.).(b) The reported records shall be submitted in compliance with Section 9795 of the Government Code.
(c) Records posted and submitted pursuant to subdivision (a) shall not disclose the personal identifying information of any individual and shall comply with the privacy standards of the Confidentiality of Medical Information
Act (Chapter 1 (commencing with Section 56) of Part 2.6 of Division 1 of the Civil Code) and the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191)(HIPAA).
SEC. 2.
Section 10191.7 is added to the Insurance Code, to read:10191.7.
(a) No later than July 1, 2018, and annually on July 1 thereafter, the department shall submit to the Legislature, and post on the department’s Internet Web site, a record of all complaints it receives from consumers regarding employee welfare benefit plans, as defined in the federal Employee Retirement Income Security Act of 1974 (29 U.S.C. Sec. 1001, et seq.).(b) The reported records shall be submitted in compliance with Section 9795 of the Government Code.
(c) Records posted and submitted pursuant to subdivision (a) shall not disclose the personal identifying information of any individual and shall comply with the privacy standards of the Confidentiality of Medical Information
Act (Chapter 1 (commencing with Section 56) of Part 2.6 of Division 1 of the Civil Code) and the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191)(HIPAA).
