Asm. Connie Conway

This measure would proclaim the week of September 17 through 22, 2013, as Constitution Week and urge California citizens to reaffirm the ideals of the framers of the Constitution of 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights might never be regained.

(1) Existing law provides for the regulation of health insurers by the Insurance Commissioner. Existing law prohibits group health insurance policies and individual health insurance policies from canceling or refusing to renew plans and policies, except under specified circumstances, including, but not limited to, nonpayment of the required premiums if the appropriate party has been notified and given at least a 30-day grace period or other period of time as required by the federal Public Health Service Act. The health insurer is required to continue to provide coverage during the grace period. This bill would require that individuals receiving coverage through the California Health Benefit Exchange and who are receiving a tax credit pursuant to the federal Patient Protection and Affordable Care Act (PPACA) would be subject to the required grace period and provisions of coverage during the grace period, if any, as provided by PPACA. (2) Existing law authorizes group health insurance policies to provide, among other things, that the benefits payable are subject to reduction if the insured has any other coverage, other than individual policies or contracts, providing hospital, surgical, or medical benefits, resulting in the insured being eligible for more than 100% of the covered expenses. Except as permitted and except in the case of group practice prepayment plan contracts that do not provide for coordination of benefits, to the extent they provide for a reduction of benefits on account of other coverage with respect to emergency services that are not obtained from providers that contract with the plan, a group or individual health insurance policy or service contract issued by nonprofit hospital service plans, operating as provided, is not allowed to limit payment of benefits by reason of the existence of other insurance or service coverage. This bill would delete the provisions prohibiting a group or individual health insurance policy or service contract issued by nonprofit hospital service plans, operating as provided, from limiting payment of benefits by reason of the existence of other insurance or service coverage. The bill would add individual health insurance policies to those policies authorized to reduce benefits where the insured has other coverage providing hospital, surgical, or medical benefits, resulting in the insured being eligible for more than 100% of the covered expenses. The bill would also make conforming changes. (3) Existing law, the California Continuation Benefits Replacement Act (Cal-COBRA) , provides for a continuation of health care coverage without evidence of insurability for up to 36 months after the date a qualified beneficiary's benefits would end due to a qualifying event, including the exhaustion of benefits under federal COBRA. Existing law also provides for certain underwriting practices regarding health care service plans and health insurance policies, including, but not limited to, an agent, broker, solicitor, solicitor firm, or representative who assists an applicant in submitting an application to a health care service plan or health insurer being required to attest in writing to the completeness and accuracy of the application to the best of his or her knowledge and that he or she explained to the applicant and was understood regarding the risk of providing inaccurate information. This bill would make Cal-COBRA and certain underwriting requirements inoperative on January 1, 2014, and, if certain provisions of the federal Patient Protection and Affordable Care Act are repealed or amended, those provisions would become operative as of the date of the repeal or amendment. (4) The federal Patient Protection and Affordable Care Act (PPACA) enacts various health care coverage market reforms that take effect January 1, 2014. Among other things, PPACA authorizes the federal Secretary of Health and Human Services to award states with demonstration grants to develop and test alternatives to current tort litigation for resolving disputes over injuries allegedly caused by health care providers and organizations. States interested in receiving a grant are required to develop an alternative to current tort litigation and submit an application to the secretary. This bill would require the Secretary of California Health and Human Services to submit an application on behalf of the state to the federal Department of Health and Human Services to receive a grant for state demonstration programs to evaluate alternatives to current medical tort litigation, as authorized by PPACA. The bill would require the secretary to write the application to design a program to create health courts based upon a no-fault process to improve the injury resolution of liability. The bill would specify what items a patient would need to prove under the health court demonstration program.

Under the federal Patient Protection and Affordable Care Act (PPACA) , each state is required, by January 1, 2014, to establish an American Health Benefit Exchange that makes available qualified health plans to qualified individuals and small employers. Existing state law establishes the California Health Benefit Exchange (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. Existing law requires the board to employ necessary staff and authorizes the board to enter into contracts. This bill would require all employees, prospective employees, contractors, subcontractors, and vendors, who facilitate enrollment of persons in a qualified health plan in the Exchange and who, in the course and scope of their employment, have access to the financial or medical information of enrollees or potential enrollees, to be fingerprinted, at appropriate locations determined by the board, for the purpose of obtaining criminal history information. The bill would prohibit a person who has been convicted of felony crimes of dishonesty or breach of trust in a state or federal jurisdiction or other specified crimes from being hired by or contracting with the Exchange for the purpose of facilitating enrollment of persons in a qualified health plan in the Exchange or for any position where, in the course and scope of his or her employment, he or she will have access to the financial or medical information of enrollees or potential enrollees of the Exchange. The bill would also require an applicant to notify the Exchange of any prescribed misdemeanor or felony convictions, filing of charges, or administrative actions. This bill would declare that it is to take effect immediately as an urgency statute.

This measure would designate May 31, 2013, to June 30, 2013, inclusive, as Sober Graduation Month and would encourage Californians to participate in this observance and join the Department of the California Highway Patrol in supporting efforts to save lives of young people through a Sober Graduation Month.

This measure would proclaim the month of May 2013 as Arthritis Awareness Month.

This measure would recognize the tradition and cultural significance of fire rings on state beaches as part of California's recreational and community activity, and beach lifestyle. This measure would support the protection of California's beaches, access to those beaches, and important traditions that are integral to the state's culture and beach lifestyle, such as fire rings.

This measure would declare May 2013 to be American Stroke Month in California.