California 2009-2010 Regular Session Status: Enacted

AB 2470 — Health care coverage.

Last action — Chaptered by Secretary of State - Chapter 658, Statutes of 2010.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 19, 2010. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 9 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

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, and makes a willful violation of its provisions a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law prohibits the cancellation or nonrenewal of individual or group health benefit plans by a health care service plan or a health insurer except in specified circumstances, including for nonpayment of premiums or for fraud or misrepresentation, as specified, and gives an enrollee of a health care service plan contract a right to appeal a cancellation or nonrenewal to the Director of the Department of Managed Health Care. Existing law prohibits a plan or insurer from engaging in postclaims underwriting, as defined, and from rescinding an individual contract or policy for any reason, or canceling the contract or policy due to misrepresentation, as specified, after 24 months following issuance of the contract or policy. This bill would make that 24-month limit apply to all health care service plan contracts and health insurance policies and would consolidate various cancellation and nonrenewal provisions with respect to health care service plans. The bill would also prohibit a plan or insurer from rescinding a health care service plan contract or health insurance policy, or limiting any of the provisions of the contract or policy, once an enrollee or insured is covered under the contract or policy unless the plan or insurer can demonstrate that the enrollee or insured has performed an act or practice constituting fraud or made an intentional misrepresentation of material fact as prohibited by the terms of the contract or policy. The bill would require a plan or insurer to send a notice to the enrollee or subscriber or policyholder or insured at least 30 days prior to the effective date of the rescission containing specified information. The bill would modify the cancellation and nonrenewal appeal rights that apply to health care service plans and would make those appeal rights apply to health insurers and rescissions, as specified. The bill would require that coverage under the plan or policy shall continue pending the appeal. The bill would make other related changes and authorize the Director of the Department of Managed Health Care and the Insurance Commissioner to issue guidance to health care service plans and health insurers on compliance, as specified. Existing law requires a plan or insurer to have written policies and procedures establishing the process by which the plan or insurer approves, modifies, denies, or delays requests for health care services based in whole or in part on medical necessity. Existing law requires that these decisions be made within 72 hours when the enrollee or insured faces an imminent and serious threat to his or her health, as specified. This bill would require that those decisions be made within 72 hours or, if shorter, the time period required under federal law. Because this bill would impose additional requirements on health care service plans, the willful violation of which would be a crime, it 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 Text

Action History

  1. Chaptered by Secretary of State - Chapter 658, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 4:45 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 59. Noes 18. Page 6909.)

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time, passed, and to Assembly. (Ayes 24. Noes 10. Page 5004.)

  7. Ordered to third reading.

  8. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

  9. (Ayes 21. Noes 11. Page 4960.)

  10. Senate Rule 29.3(b) suspended.

  11. Re-referred to Com. on RLS.

  12. Read second time. To third reading.

  13. (Corrected August 24.)

  14. Read third time, amended. To second reading.

  15. Read second time and amended. Ordered to third reading.

  16. From committee: Amend, and do pass as amended. (Ayes 7. Noes 4.) (August 12).

  17. In committee: Set, first hearing. Referred to APPR suspense file.

  18. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 3. Noes 1.) (June 29).

  19. From committee: Do pass, and re-refer to Com. on JUD. Re-referred. (Ayes 5. Noes 0.) (June 23).

  20. (Corrected June 28.)

  21. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.

  22. Referred to Coms. on HEALTH and JUD.

  23. In Senate. Read first time. To Com. on RLS. for assignment.

  24. Read third time, passed, and to Senate. (Ayes 46. Noes 27. Page 5486.)

  25. Read second time. To third reading.

  26. From committee: Do pass. (Ayes 12. Noes 5.) (May 28).

  27. In committee: Set, first hearing. Referred to APPR. suspense file.

  28. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 13. Noes 5.) (March 23).

  29. Referred to Com. on HEALTH.

  30. Read first time.

  31. From printer. May be heard in committee March 23.

  32. Introduced. To print.

Sponsors

  • De La Torre · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • De La Torre

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 2470 DE LA TORRE Concurrence in Senate Amendments

Passed 69 Yea · 20 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 651801
Democratic 3000
Republican 1200
Total 692001
% of votes cast 77%22%0%1%
How each member voted (90)
Member Party Vote
Eng — Yea
Carter — Yea
Evans — Yea
Feuer — Yea
Fuentes — Yea
Chesbro — Yea
Cook — Yea
Tom — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Bass — Yea
Beall — Yea
Block — Yea
Yamada — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Conway — Nay
Bill — Nay
Audra — Nay
DeVore — Nay
Furutani — Yea
Galgiani — Yea
Gilmore — Yea
Hagman — Nay
Hall — Yea
Harkey — Nay
Hernandez — Yea
Anderson — Nay
Hill — Yea
Huffman — Yea
Jeffries — Nay
Lieu — Yea
Logue — Nay
Mendoza — Yea
Miller — Nay
Nava — Yea
Nestande — Yea
Norby — Nay
Ruskin — Yea
Silva — Nay
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Adams — Nay
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Nay
Ma — Yea
Monning — Yea
Nielsen — Nay
Smyth — Yea
Torlakson — Yea
Tran — Nay
Coto — Yea
Davis — Yea
Fuller — Not Voting
Garrick — Nay
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

W/O REF. TO FILE AB2470 De La Torre By Padilla

Passed 25 Yea · 10 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 231004
Republican 1000
Democratic 1001
Total 251005
% of votes cast 63%25%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Cogdill — Nay
Corbett — Yea
Florez — Yea
Harman — Nay
Wyland — Nay
Lowenthal — Yea
Negrete — Yea
Ducheny — Yea
Huff — Nay
Runner — Nay
Liu — Yea
Oropeza — Not Voting
Ashburn — Nay
Blakeslee — Yea
Dutton — Nay
Pavley — Yea
Price — Yea
Romero — Yea
Simitian — Not Voting
Walters — Nay
Wiggins — Not Voting
Wolk — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Hollingsworth — Nay
Kehoe — Yea
Leno — Yea
McLeod — Yea
Steinberg — Yea
Emmerson — Not Voting
Correa — Yea
DeSaulnier — Yea
Denham — Nay
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 7 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7400
Total 7400
% of votes cast 64%36%0%0%
How each member voted (11)
Member Party Vote
Yee — Yea
Wyland — Nay
Ashburn — Nay
Price — Yea
Wolk — Yea
Alquist — Yea
Kehoe — Yea
Leno — Yea
Walters — Nay
Corbett — Yea
Emmerson — Nay

Official roll call →

Placed on Appropriations Suspense file.

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Yee — Yea
Corbett — Yea
Leno — Yea
Alquist — Yea
Ashburn — Yea
Kehoe — Yea
Price — Yea
Walters — Not Voting
Wolk — Yea
Wyland — Yea
Emmerson — Yea

Official roll call →

Do pass, but re-refer to the Committee on Judiciary.

Passed 5 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 5004
Republican 0001
Total 5005
% of votes cast 50%0%0%50%
How each member voted (10)
Member Party Vote
Cedillo — Yea
Negrete — Not Voting
Leno — Yea
Alquist — Yea
Pavley — Yea
Romero — Yea
Aanestad — Not Voting
McLeod — Not Voting
Cox — Not Voting
Strickland, Tony Republican Not Voting

Official roll call →

AB 2470 DE LA TORRE Assembly Third Reading

Passed 54 Yea · 28 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 512707
Republican 1101
Democratic 2001
Total 542809
% of votes cast 59%31%0%10%
How each member voted (91)
Member Party Vote
Hagman — Nay
Torre — Yea
De — Yea
Leon — Yea
Yamada — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Conway — Nay
Cook — Nay
Bill — Nay
Evans — Yea
Feuer — Yea
Fletcher — Nay
Tom — Not Voting
Charles — Not Voting
Audra — Not Voting
Fuller — Nay
Anderson — Nay
Furutani — Yea
Garrick — Nay
Gilmore — Nay
Hall — Yea
Harkey — Nay
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Nay
Lieu — Not Voting
Logue — Nay
Mendoza — Yea
Miller — Nay
Nava — Yea
Nestande — Nay
Norby — Nay
Ruskin — Yea
Silva — Nay
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Nay
La — Yea
Carter — Yea
Chesbro — Yea
Coto — Yea
De — Yea
Ammiano — Yea
Bass — Yea
Adams — Nay
Beall — Yea
Blakeslee — Nay
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Nay
Knight — Nay
Ma — Yea
Monning — Yea
Nielsen — Nay
Smyth — Nay
Torlakson — Yea
Tran — Not Voting
Emmerson — Nay
Eng — Yea
Davis — Yea
DeVore — Nay
Fuentes — Yea
Galgiani — Not Voting
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Not Voting

Official roll call →

Do pass.

Passed 13 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12500
Democratic 1000
Total 13500
% of votes cast 72%28%0%0%
How each member voted (18)
Member Party Vote
Conway — Nay
Coto — Yea
Charles — Yea
Harkey — Nay
Davis — Yea
Monning — Yea
Nielsen — Nay
Norby — Nay
Ruskin — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torrico — Yea
Ammiano — Yea
Bradford — Yea
Miller — Nay
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass and be re-referred to the Committee on Appropriations.

Passed 19 Yea · 6 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 18501
Republican 1100
Total 19601
% of votes cast 73%23%0%4%
How each member voted (26)
Member Party Vote
Eng — Yea
Carter — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Salas — Yea
Audra — Nay
Conway — Nay
Ammiano — Yea
Hayashi — Yea
Hernandez — Yea
Nava — Yea
Adams — Not Voting
Monning — Yea
Smyth — Nay
Emmerson — Nay
Beth Gaines — Nay
Jones, Brian W. Republican Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

healthcare health-insurance
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Frequently asked questions

What does AB 2470 do?
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, and makes a willful violation of its provisions a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law prohibits the cancellation or nonrenewal of individual or group health benefit plans by a health care service plan or a health insurer except in specified circumstances, including for nonpayment of premiums or for fraud or misrepresentation, as specified, and gives an enrollee of a health care service plan contract a right to appeal a cancellation or nonrenewal to the Director of the Department of Managed Health Care. Existing law prohibits a plan or insurer from engaging in postclaims underwriting, as defined, and from rescinding an individual contract or policy for any reason, or canceling the contract or policy due to misrepresentation, as specified, after 24 months following issuance of the contract or policy. This bill would make that 24-month limit apply to all health care service plan contracts and health insurance policies and would consolidate various cancellation and nonrenewal provisions with respect to health care service plans. The bill would also prohibit a plan or insurer from rescinding a health care service plan contract or health insurance policy, or limiting any of the provisions of the contract or policy, once an enrollee or insured is covered under the contract or policy unless the plan or insurer can demonstrate that the enrollee or insured has performed an act or practice constituting fraud or made an intentional misrepresentation of material fact as prohibited by the terms of the contract or policy. The bill would require a plan or insurer to send a notice to the enrollee or subscriber or policyholder or insured at least 30 days prior to the effective date of the rescission containing specified information. The bill would modify the cancellation and nonrenewal appeal rights that apply to health care service plans and would make those appeal rights apply to health insurers and rescissions, as specified. The bill would require that coverage under the plan or policy shall continue pending the appeal. The bill would make other related changes and authorize the Director of the Department of Managed Health Care and the Insurance Commissioner to issue guidance to health care service plans and health insurers on compliance, as specified. Existing law requires a plan or insurer to have written policies and procedures establishing the process by which the plan or insurer approves, modifies, denies, or delays requests for health care services based in whole or in part on medical necessity. Existing law requires that these decisions be made within 72 hours when the enrollee or insured faces an imminent and serious threat to his or her health, as specified. This bill would require that those decisions be made within 72 hours or, if shorter, the time period required under federal law. Because this bill would impose additional requirements on health care service plans, the willful violation of which would be a crime, it 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.
Who sponsors AB 2470?
AB 2470 is sponsored by De La Torre.
What is the current status of AB 2470?
This bill has been enacted into law. Introduced February 19, 2010. Enacted.
Where can I track AB 2470?
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