California 2009-2010 Regular Session Status: Enacted

AB 389 — Long-term care insurance.

Last action — Chaptered by Secretary of State - Chapter 101, Statutes of 2009.

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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 23, 2009. 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 6 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 provides for regulation of insurers, including insurers issuing policies of long-term care insurance, by the Insurance Commissioner. Existing law requires benefits under individual long-term care insurance policies issued before new premium rate schedules are approved to be deemed reasonable in relation to premiums if the expected loss ratio is at least 60%, calculated in a manner that provides for adequate reserving of the risk. This bill, for policies issued before new premium rate schedules are approved and for which rate revisions are filed on or after January 1, 2010, would deem benefits reasonable in relation to premiums if the premium rate schedules have a lifetime expected loss ratio of at least 60% of the premium scale in effect on December 31, 2009, plus 70% of premium increases filed on or after January 1, 2010. The bill would, notwithstanding these provisions, authorize the commissioner, for rate increases filed on or after January 1, 2010, to approve an application for a rate revision based on less than a 70% loss ratio, but not less than a 60% loss ratio, for the portion attributable to the rate increase if an insurer can demonstrate that the rates are necessary to protect the financial condition of the insurer. Existing law requires actuaries used by the commissioner to review rate applications submitted by insurers relative to long-term care insurance, whether by employment or by contract, to be members of the American Academy of Actuaries with at least 5 years' relevant experience. This bill would revise these qualifications, as specified, and would make other technical changes.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 101, Statutes of 2009.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 1 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 74. Noes 0. Page 2490.)

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 11 pursuant to Assembly Rule 77.

  6. Read third time, passed, and to Assembly. (Ayes 34. Noes 0. Page 1666.)

  7. Ordered to Special Consent Calendar.

  8. Read second time. To third reading.

  9. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  10. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 11. Noes 0.) (June 22).

  11. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., F. & I.

  12. Referred to Com. on B., F. & I.

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

  14. Read third time, passed, and to Senate. (Ayes 77. Noes 0. Page 1632.)

  15. Read second time. To Consent Calendar.

  16. Read second time and amended. Ordered returned to second reading.

  17. From committee: Amend, and do pass as amended. To Consent Calendar. (May 13).

  18. Re-referred to Com. on APPR.

  19. Read second time and amended.

  20. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (April 22).

  21. Re-referred to Com. on INS.

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

  23. Re-referred to Com. on INS.

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

  25. Referred to Com. on INS.

  26. From printer. May be heard in committee March 26.

  27. Read first time. To print.

Sponsors

  • Saldana · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Saldana

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 389 SALDANA Concurrence in Senate Amendments

Passed 86 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 80005
Democratic 3000
Republican 3000
Total 86005
% of votes cast 95%0%0%5%
How each member voted (91)
Member Party Vote
Hagman — Yea
Carter — Yea
Bill — Yea
Tom — Yea
Charles — Yea
Blakeslee — Yea
Evans — Yea
Feuer — Yea
Fuller — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Furutani — Yea
Garrick — Yea
Yamada — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Chesbro — Yea
Conway — Yea
Gilmore — Yea
Fletcher — Not Voting
Hall — Yea
Bass — Yea
Cook — Yea
Coto — Yea
Duvall — Yea
Harkey — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Not Voting
Adams — Yea
Ammiano — Yea
Anderson — Not Voting
Beall — Yea
Block — Not Voting
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Yea
Logue — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Smyth — Not Voting
Torlakson — Yea
Tran — Yea
Emmerson — Yea
Eng — Yea
Davis — Yea
DeVore — Yea
Fuentes — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Special Consent #12 AB389 Saldana

Passed 35 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 33005
Republican 1000
Democratic 1001
Total 35006
% of votes cast 85%0%0%15%
How each member voted (41)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Yea
Hancock — Yea
Harman — Not Voting
Hollingsworth — Yea
Kehoe — Yea
Wyland — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Corbett — Not Voting
Ducheny — Yea
Liu — Yea
McLeod — Yea
Dutton — Yea
Oropeza — Not Voting
Ashburn — Not Voting
Benoit — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Walters — Yea
Wiggins — Yea
Wolk — Not Voting
Aanestad — Yea
Alquist — Yea
Huff — Yea
Leno — Yea
Maldonado — Yea
Price — Yea
Steinberg — Yea
Wright — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 389 SALDANA Consent Calendar Second Day Regular Session

Passed 89 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 5000
Unaffiliated 81003
Republican 3000
Total 89003
% of votes cast 97%0%0%3%
How each member voted (92)
Member Party Vote
Bill — Yea
Berryhill — Yea
Tom — Yea
Adams — Yea
Ammiano — Yea
Anderson — Yea
Beall — Yea
Berryhill — Yea
Saldana — Not Voting
Nava — Not Voting
Bass — Yea
Tran — Yea
Villines — Yea
Evans — Yea
Feuer — Yea
Furutani — Yea
Charles — Yea
Galgiani — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Huber — Yea
Huffman — Yea
Fletcher — Yea
Gaines — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Audra — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Duvall — Yea
Knight — Yea
Krekorian — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nestande — Yea
Price — Yea
Ruskin — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torlakson — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Jeffries — Yea
Lieu — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Silva — Yea
Solorio — Yea
Torres — Yea
Torrico — Yea
Emmerson — Yea
Eng — Yea
DeVore — Yea
Yamada — Yea
Fuentes — Not Voting
Fuller — Yea
Garrick — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended, to Consent Calendar.

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 19000
Democratic 1000
Republican 1000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Duvall — Yea
Hall — Yea
Harkey — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Ammiano — Yea
Price — Yea
Skinner — Yea
Torlakson — Yea
Krekorian — Yea
Miller — Yea
Nielsen — Yea
Solorio — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

healthcare health-insurance
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Frequently asked questions

What does AB 389 do?
Existing law provides for regulation of insurers, including insurers issuing policies of long-term care insurance, by the Insurance Commissioner. Existing law requires benefits under individual long-term care insurance policies issued before new premium rate schedules are approved to be deemed reasonable in relation to premiums if the expected loss ratio is at least 60%, calculated in a manner that provides for adequate reserving of the risk. This bill, for policies issued before new premium rate schedules are approved and for which rate revisions are filed on or after January 1, 2010, would deem benefits reasonable in relation to premiums if the premium rate schedules have a lifetime expected loss ratio of at least 60% of the premium scale in effect on December 31, 2009, plus 70% of premium increases filed on or after January 1, 2010. The bill would, notwithstanding these provisions, authorize the commissioner, for rate increases filed on or after January 1, 2010, to approve an application for a rate revision based on less than a 70% loss ratio, but not less than a 60% loss ratio, for the portion attributable to the rate increase if an insurer can demonstrate that the rates are necessary to protect the financial condition of the insurer. Existing law requires actuaries used by the commissioner to review rate applications submitted by insurers relative to long-term care insurance, whether by employment or by contract, to be members of the American Academy of Actuaries with at least 5 years' relevant experience. This bill would revise these qualifications, as specified, and would make other technical changes.
Who sponsors AB 389?
AB 389 is sponsored by Saldana.
What is the current status of AB 389?
This bill has been enacted into law. Introduced February 23, 2009. Enacted.
Where can I track AB 389?
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