SB 368 California Senate · 2021-2022 Regular Session

Health care coverage: deductibles and out-of-pocket expenses.

Summary
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. A willful violation of the act is a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law sets limits on the amount of the deductible and out-of-pocket expenses that may be included in specified health care service plan contracts and health insurance policies. This bill, for a health care service plan contract or health insurance policy issued, amended, or renewed on or after July 1, 2022, in the individual or group market, would require the health care service plan or health insurer to monitor an enrollee's or insured's accrual balance toward their annual deductible and out-of-pocket maximum, if any. The bill would require a health care service plan or health insurer to provide an enrollee or insured with their accrual balance toward their annual deductible and out-of-pocket maximum for every month in which benefits were used, as specified. The bill would require a health care service plan or health insurer to establish and maintain a system that allows an enrollee or insured to request their most up-to-date accrual balances from their health care service plan or health insurer at any time. The bill would require accrual updates to be mailed to enrollees unless the enrollee has elected to opt out of mailed notice and elected to receive the accrual update electronically, as specified. The bill would require a health care service plan or health insurer to notify enrollees and insureds of their rights under the bill, as specified. The bill would require a contracted entity to which a health care service plan or health insurer has delegated claims payment functions to comply with the requirements of the bill, as specified. Because a willful violation of the bill's provisions by a health care service plan would be a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Bill status signed all 5 stages cleared
Introduction
Feb 2021
Committee Review
Aug 2021
Senate Passage
Jun 2021
Assembly Passage
Sep 2021
Signed into Law
Oct 2021
Introduced Feb 10, 2021 Signed Oct 6, 2021
Floor votes · Senate Jun 1, 2021 · Assembly Sep 2, 2021

How they voted

31–9
Passed
Total votes 40
Jun 1, 2021
D Democratic31
31 Yea
100% Yea
R Republican9
9 Nay
100% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
28
Key actions
10
Committee
4
Amendments
6
Oct 6, 2021
Signed into law
Approved by the Governor.
legislature
Sep 8, 2021
Upper · Passed
Assembly amendments concurred in. (Ayes 29. Noes 9. Page 2517.) Ordered to engrossing and enrolling.
upper
Sep 2, 2021
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Sep 2, 2021
Lower · Passed
Read third time. Passed. (Ayes 59. Noes 14. Page 2689.) Ordered to the Senate.
lower
Aug 26, 2021
Lower · Passed
From committee: Do pass. (Ayes 13. Noes 3.) (August 26).
lower
Jul 15, 2021
Lower · Passed
Read second time and amended. Re-referred to Com. on APPR.
lower
Jul 14, 2021
Lower · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 13. Noes 2.) (July 6).
lower
Jun 10, 2021
Committee
Referred to Com. on HEALTH.
lower
Jun 1, 2021
Upper · Passed
Read third time. Passed. (Ayes 31. Noes 9. Page 1331.) Ordered to the Assembly.
upper
May 20, 2021
Upper · Passed
From committee: Do pass. (Ayes 5. Noes 2. Page 1189.) (May 20).
upper
Mar 22, 2021
Upper · Passed
Read second time and amended. Re-referred to Com. on APPR.
upper
Mar 18, 2021
Upper · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 2. Page 533.) (March 17).
upper
Feb 17, 2021
Committee
Referred to Com. on HEALTH.
upper
Feb 10, 2021
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Monique Limón
Monique Limón
DDemocratic
CA
21