Sen. Sydney Kamlager

This measure would recognize February 2022 as Black History Month, urge all citizens to join in celebrating the accomplishments of African Americans during Black History Month, and encourage the people of California to recognize the many talents of African Americans and the achievements and contributions they make to their communities to create equity and equality for education, economics, and social justice. The measure would also recognize the significance in protecting citizens' right to vote and remedying racial discrimination in voting.

Existing law establishes state agencies for various purposes, including to provide certain services to the public for which payment is required. This bill would authorize a state agency to accept cryptocurrency as a method of payment for the provision of government services.

This measure would recognize February 2022 as Black History Month, urge all citizens to join in celebrating the accomplishments of African Americans during Black History Month, and encourage the people of California to recognize the many talents of African Americans and the achievements and contributions they make to their communities to create equity and equality for education, economics, and social justice. The measure would also recognize the significance in protecting citizens' right to vote and remedying racial discrimination in voting.

(1) Existing law prohibits a person, business, or association from knowingly publicly posting or publicly displaying, disclosing, or distributing on internet websites or on social media, the personal information or image of any reproductive health care services patient, provider, or assistant, or other individuals residing at the same home address with the intent to incite a 3rd person to cause imminent great bodily harm to the person identified in the posting or display, or to a coresident of that person, as specified, or to threaten the person identified in the posting or display, or a coresident of that person, as specified. Existing law establishes a cause of action for injunctive or declarative relief and for damages for a violation of this prohibition. Under existing law, if a jury or court finds that a violation has occurred, it is required to award damages to that individual in an amount up to a maximum of 3 times the actual damages, but in no case less than $4,000. This bill would increase the damages to no less than $25,000. (2) Existing law also prohibits a person, business, or association from publicly posting or publicly displaying, disclosing, or distributing, on internet websites or on social media, the personal information or image of a reproductive health care services patient, provider, or assistant if that individual, or any individual, entity, or organization authorized to act on their behalf, has made a written demand to not disclose the personal information or image. Existing law establishes a cause of action for injunctive or declarative relief for a violation of this prohibition, but does not include a cause of action for damages. This bill would authorize a reproductive health care services patient, provider, or assistant whose personal information or image is made public in violation of this prohibition to bring an action for money damages and would require a jury or court that finds that a violation has occurred to award damages to the individual in an amount up to a maximum of 3 times the actual damages, but in no case less than $25,000. (3) Existing law additionally prohibits a person, business, or association from soliciting, selling, or trading on the internet or social media the personal information or image of a reproductive health care services patient, provider, or assistant with the intent described in paragraph (1) above. Existing law establishes a cause of action for damages for a violation of this prohibition, and requires a jury or court that finds that a violation has occurred to award damages to that individual in an amount up to a maximum of 3 times the actual damages, but in no case less than $4,000. Existing law does not include a cause of action for injunctive or declarative relief for a violation of this prohibition. This bill would increase the damages to no less than $25,000. The bill would authorize a reproductive health care services patient, provider, or assistant whose personal information or image is solicited, sold, or traded in violation of this prohibition to bring an action seeking injunctive or declarative relief. The bill would authorize a jury or court that finds that a violation has occurred to grant injunctive or declarative relief and would require the jury or court to award the successful plaintiff court costs and reasonable attorney's fees.

Existing law, the Reproductive Privacy Act, prohibits the state from denying or interfering with a person's right to choose or obtain an abortion prior to viability of the fetus, or when the abortion is necessary to protect the life or health of the person. The act defines "abortion" as a medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth. Existing law also establishes the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services through, among other things, managed care plans licensed under the act that contract with the State Department of Health Care Services. Existing law, the Knox-Keene Health Care Service Plan Act of 1975, requires the Department of Managed Health Care to license and regulate health care service plans and makes a willful violation of the act a crime. Existing law also requires the Department of Insurance to regulate health insurers. Existing law requires group and individual health care service plan contracts and disability insurance policies to cover contraceptives, without cost sharing, as specified. This bill would prohibit a health care service plan or an individual or group policy or certificate of health insurance or student blanket disability insurance that is issued, amended, renewed, or delivered on or after January 1, 2023, from imposing a deductible, coinsurance, copayment, or any other cost-sharing requirement on coverage for all abortion and abortion-related services, as specified. The bill would prohibit a health care service plan and an insurer subject to these requirements from imposing utilization management or utilization review on the coverage for outpatient abortion services. The bill would require that for a contract, certificate, or policy that is a high deductible health plan, the cost-sharing prohibition would apply once the enrollee's or insured's deductible has been satisfied for the benefit year. The bill would not require an individual or group contract or policy to cover an experimental or investigational treatment. The bill's requirements would also apply to Medi-Cal managed care plans and their providers, independent practice associations, preferred provider groups, and all delegated entities that provide physician services, utilization management, or utilization review. The bill would require the Department of Managed Health Care and the Department of Insurance to adopt related regulations on or before January 1, 2026. Because a violation of the bill 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.

This measure would, among other things, honor the late civil rights pioneer and icon Reverend Dr. Martin Luther King, Jr. and commemorate Dr. Martin Luther King, Jr. Day.