California 2009-2010 Regular Session Status: To Executive 2 R cosponsors

SB 838 — Cal-COBRA: premium assistance.

Last action — Chaptered by Secretary of State. Chapter 24, Statutes of 2010.

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

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing federal law, the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) , requires group health plans providing coverage to employers of 20 or more employees to provide former employees with continuation of benefits, as specified. The federal American Recovery and Reinvestment Act of 2009 (ARRA) provides up to 9 months of premium assistance under COBRA and comparable state continuation coverage programs for certain eligible individuals whose employment was involuntarily terminated between September 1, 2008, and December 31, 2009, as specified. Subsequent federal legislation extends that premium assistance for a specified period of time, makes the assistance available to certain eligible individuals whose employment is involuntarily terminated on or after January 1, 2010, and provides a special election opportunity for certain eligible individuals who experience a reduction in hours followed by an involuntary termination of employment, as specified. Existing federal law requires a plan administrator or other entity involved to provide notices regarding that assistance to certain qualified beneficiaries within specified periods of time. 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 the act a crime. Existing law also provides for regulation of health insurers by the Department of Insurance. The California Continuation Benefits Replacement Act (Cal-COBRA) requires health care service plans and health insurers providing group coverage to employers of 2 to 19 employees to offer continuation of that coverage for a specified period of time to certain qualified beneficiaries, as specified. Existing law requires Cal-COBRA plans and insurers to provide notice of the availability of premium assistance under ARRA to qualified beneficiaries who experience a qualifying event between September 1, 2008, and December 31, 2009, as specified. This bill would require those plans and insurers to also provide notice of the availability of premium assistance to qualified beneficiaries who experience a qualifying event between January 1, 2010, and specified dates under federal law and would additionally require plans and insurers to notify qualified beneficiaries eligible for premium assistance of the extension of premium assistance made available by federal law consistent with the notice requirements imposed under that law. The bill would require plans and insurers to give certain qualified beneficiaries whose employment is terminated on or after March 1, 2010, written notice regarding the availability of premium assistance and the special election opportunity provided under ARRA and would allow beneficiaries eligible for that or any other special election opportunity under ARRA to elect continuation coverage within 60 days of the notice required under federal law. The bill would also require plans and insurers to provide information regarding the federal premium assistance and any special election periods under ARRA on their Internet Web sites, as specified, and would apply certain notice requirements to employers of employees whose employment has been terminated on or after March 2, 2010. The bill would authorize the Department of Managed Health Care to designate model notices for purposes of implementing federal premium assistance, as specified, and would make other conforming changes. Because a willful violation of these requirements 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 bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 24, Statutes of 2010.

  2. Approved by Governor.

  3. Enrolled. To Governor at 11 a.m.

  4. Senate concurs in Assembly amendments. (Ayes 30. Noes 0. Page 3582.) To enrollment.

  5. In Senate. To unfinished business.

  6. Read third time. Urgency clause adopted. Passed. (Ayes 72. Noes 0. Page 5237.) To Senate.

  7. Read second time. To Consent Calendar.

  8. (Heard in committee on May 12.)

  9. From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.)

  10. (May 6 amended version corrected May 10.)

  11. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.

  12. (Heard in committee on May 4.)

  13. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 19. Noes 0.) Re-referred to Com. on APPR.

  14. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on HEALTH.

  15. To Com. on HEALTH.

  16. In Assembly. Read first time. Held at Desk.

  17. Read third time. Urgency clause adopted. Passed. (Ayes 35. Noes 0. Page 3194.) To Assembly.

  18. Read second time. To third reading.

  19. From committee: Do pass. (Ayes 10. Noes 0. Page 3144.)

  20. Set for hearing April 12.

  21. Read second time. Amended. Re-referred to Com. on APPR.

  22. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 9. Noes 0. Page 3037.)

  23. Set for hearing March 24.

  24. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on HEALTH.

  25. To Com. on HEALTH.

  26. From print. May be acted upon on or after February 5.

  27. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 4 co-sponsors · 117 not signed on

Sponsors (1)

Co-sponsors (4)

Not signed on (117)

117 members have not signed on to this bill.

Show all 117 →

"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

Unfinished Business SB838 Strickland

Passed 31 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 28008
Democratic 2000
Republican 1000
Total 31008
% of votes cast 79%0%0%21%
How each member voted (39)
Member Party Vote
Yee — Yea
Hancock — Not Voting
Corbett — Yea
Ducheny — Yea
Dutton — Yea
Florez — Yea
Hollingsworth — Yea
Huff — Yea
Kehoe — Yea
Alquist — Yea
Ashburn — Yea
Leno — Yea
Liu — Yea
Negrete — Yea
Runner — Yea
Wyland — Yea
Lowenthal — Not Voting
Cedillo — Not Voting
Oropeza — Not Voting
Pavley — Yea
Price — Not Voting
Simitian — Yea
Steinberg — Not Voting
Walters — Yea
Wiggins — Not Voting
Wolk — Yea
Wright — Yea
Aanestad — Yea
Harman — Yea
McLeod — Yea
Romero — Yea
Cogdill — Not Voting
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 838 Strickland Consent Calendar Second Day Regular Session

Passed 80 Yea · 0 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 740011
Democratic 3000
Republican 3000
Total 800011
% of votes cast 88%0%0%12%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Bill — Yea
Tom — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Charles — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
De — Yea
Leon — Yea
Jeffries — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Anderson — Yea
Bass — Yea
Blakeslee — Yea
Davis — Yea
DeVore — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Monning — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
De — Not Voting
La — Not Voting
Torre — Not Voting
Fletcher — Not Voting
John — Not Voting
A. — Not Voting
Perez — Not Voting
Harkey — Not Voting
Nava — Not Voting
Nestande — Yea
Norby — Yea
Ruskin — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Adams — Yea
Ammiano — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Yea
Ma — Yea
Miller — Yea
Nielsen — Yea
Silva — Yea
Smyth — Yea
Swanson — Yea
Torrico — Yea
Villines — Not Voting
Emmerson — Yea
Eng — Yea
Evans — Not Voting
Yamada — Yea
Fuller — Yea
Garrick — 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 →

Do pass, to Consent Calendar.

Passed 16 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 16001
Democratic 0001
Total 16002
% of votes cast 89%0%0%11%
How each member voted (18)
Member Party Vote
Fuentes — Yea
Hall — Yea
Harkey — Yea
Conway — Yea
Hill — Yea
Charles — Not Voting
Bradford — Yea
Miller — Yea
Norby — Yea
Solorio — Yea
Torrico — Yea
Ammiano — Yea
Nielsen — Yea
Skinner — Yea
Torlakson — Yea
Coto — Yea
Davis — Yea
Calderon, Lisa Democratic Not Voting

Official roll call →

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

Passed 26 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 24000
Republican 2000
Total 26000
% of votes cast 100%0%0%0%
How each member voted (26)
Member Party Vote
Carter — Yea
Conway — Yea
Hayashi — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Ammiano — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Salas — Yea
Audra — Yea
Monning — Yea
Nava — Yea
Smyth — Yea
Hernandez — Yea
Emmerson — Yea
Eng — Yea
Beth Gaines — Yea
Jones, Brian W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Senate 3rd Reading SB838 Strickland Urgency Clause

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 33004
Democratic 2000
Republican 1000
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Not Voting
Cogdill — Yea
Corbett — Yea
Hancock — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Hollingsworth — Yea
Huff — Yea
Ducheny — Not Voting
Leno — Yea
Ashburn — Yea
Dutton — Yea
Liu — Yea
McLeod — Yea
Pavley — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Not Voting
Wright — Yea
Aanestad — Yea
Alquist — Yea
Harman — Yea
Kehoe — Yea
Maldonado — Yea
Oropeza — Yea
Price — Yea
Romero — Yea
Wolk — Yea
Cedillo — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Not Voting
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

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
Wyland — Yea
Leno — Yea
Corbett — Yea
Price — Yea
Wolk — Yea
Alquist — Yea
Kehoe — Yea
Walters — Not Voting
Cox — Yea
Denham — Yea

Official roll call →

Subjects

healthcare health-insurance
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Frequently asked questions

What does SB 838 do?
Existing federal law, the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) , requires group health plans providing coverage to employers of 20 or more employees to provide former employees with continuation of benefits, as specified. The federal American Recovery and Reinvestment Act of 2009 (ARRA) provides up to 9 months of premium assistance under COBRA and comparable state continuation coverage programs for certain eligible individuals whose employment was involuntarily terminated between September 1, 2008, and December 31, 2009, as specified. Subsequent federal legislation extends that premium assistance for a specified period of time, makes the assistance available to certain eligible individuals whose employment is involuntarily terminated on or after January 1, 2010, and provides a special election opportunity for certain eligible individuals who experience a reduction in hours followed by an involuntary termination of employment, as specified. Existing federal law requires a plan administrator or other entity involved to provide notices regarding that assistance to certain qualified beneficiaries within specified periods of time. 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 the act a crime. Existing law also provides for regulation of health insurers by the Department of Insurance. The California Continuation Benefits Replacement Act (Cal-COBRA) requires health care service plans and health insurers providing group coverage to employers of 2 to 19 employees to offer continuation of that coverage for a specified period of time to certain qualified beneficiaries, as specified. Existing law requires Cal-COBRA plans and insurers to provide notice of the availability of premium assistance under ARRA to qualified beneficiaries who experience a qualifying event between September 1, 2008, and December 31, 2009, as specified. This bill would require those plans and insurers to also provide notice of the availability of premium assistance to qualified beneficiaries who experience a qualifying event between January 1, 2010, and specified dates under federal law and would additionally require plans and insurers to notify qualified beneficiaries eligible for premium assistance of the extension of premium assistance made available by federal law consistent with the notice requirements imposed under that law. The bill would require plans and insurers to give certain qualified beneficiaries whose employment is terminated on or after March 1, 2010, written notice regarding the availability of premium assistance and the special election opportunity provided under ARRA and would allow beneficiaries eligible for that or any other special election opportunity under ARRA to elect continuation coverage within 60 days of the notice required under federal law. The bill would also require plans and insurers to provide information regarding the federal premium assistance and any special election periods under ARRA on their Internet Web sites, as specified, and would apply certain notice requirements to employers of employees whose employment has been terminated on or after March 2, 2010. The bill would authorize the Department of Managed Health Care to designate model notices for purposes of implementing federal premium assistance, as specified, and would make other conforming changes. Because a willful violation of these requirements 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 bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors SB 838?
SB 838 is sponsored by Alquist, Fletcher, Monning, Strickland, Tony (Republican), and Jones, Brian W. (Republican).
What is the current status of SB 838?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 838?
Track SB 838 free on One Click Politics — get push/email alerts when it moves.

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