California 2011-2012 Regular Session Status: Passed Assembly

AB 52 — Health care coverage: rate approval.

Last action — Ordered to inactive file at the request of Senator Leno.

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

This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 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 the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Under existing law, no change in premium rates or coverage in a health care service plan or a health insurance policy may become effective without prior written notification of the change to the contractholder or policyholder. Existing law prohibits a health care service plan or health insurer during the term of a group plan contract or policy from changing the rate of the premium, copayment, coinsurance, or deductible during specified time periods. Existing law requires a health care service plan or health insurer that issues individual or group contracts or policies to file with the Department of Managed Health Care or the Department of Insurance specified rate information at least 60 days prior to the effective date of any rate change. This bill would further require a health care service plan or health insurer that issues individual or group contracts or policies to file with the Department of Managed Health Care or the Department of Insurance, on and after January 1, 2012, a complete rate application for any proposed rate, as defined, or rate change, and would prohibit the Department of Managed Health Care or the Department of Insurance from approving any rate or rate change that is found to be excessive, inadequate, or unfairly discriminatory. The bill would require the rate application to include certain rate information. The bill would authorize the Department of Managed Health Care or the Department of Insurance to approve, deny, or modify any proposed rate or rate change, and would authorize the Department of Managed Health Care and the Department of Insurance to review any rate or rate change that went into effect between January 1, 2011, and January 1, 2012, and to order refunds, subject to these provisions. The bill would authorize the imposition of fees on health care service plans and health insurers for purposes of implementation, for deposit into newly created funds, subject to appropriation. The bill would impose civil penalties on a health care service plan or health insurer, and subject a health care service plan to discipline, for a violation of these provisions, as specified. The bill would establish proceedings for the review of any action taken under those provisions related to rate applications and would require the Department of Managed Health Care and the Department of Insurance, and plans and insurers, to disclose specified information on the Internet pertaining to rate applications and those proceedings. The bill would require the Department of Managed Health Care or the Department of Insurance, or the court, to award reasonable advocate's fees, including expert witness fees, and other reasonable costs in those proceedings under specified circumstances, to be paid by the plan or insurer. Because a willful violation of these provisions 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.

Bill Text

Action History

  1. Ordered to inactive file at the request of Senator Leno.

  2. Read second time. Ordered to third reading.

  3. From committee: Do pass. (Ayes 6. Noes 3.) (August 25).

  4. In committee: Referred to APPR. suspense file.

  5. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 3.) (July 6). Re-referred to Com. on APPR.

  6. In committee: Set, first hearing. Testimony taken. Further hearing to be set.

  7. Referred to Com. on HEALTH.

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

  9. Read third time. Passed. Ordered to the Senate. (Ayes 45. Noes 28. Page 1789.)

  10. Assembly Rule 69(d) suspended. (Ayes 49. Noes 26. Page 1782.)

  11. Read third time and amended. Ordered to third reading. (Ayes 47. Noes 28. Page 1691.)

  12. Read second time. Ordered to third reading.

  13. From committee: Do pass. (Ayes 9. Noes 7.) (May 27).

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

  15. Re-referred to Com. on APPR.

  16. Read second time and amended.

  17. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 12. Noes 7.) (April 26).

  18. In committee: Set, first hearing. Hearing canceled at the request of author.

  19. Re-referred to Com. on HEALTH.

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

  21. Referred to Com. on HEALTH.

  22. From printer. May be heard in committee January 6.

  23. Read first time. To print.

Sponsors

  • Davis · Cosponsor
  • DeSaulnier · Cosponsor
  • Feuer · Primary
  • Huffman · Cosponsor
  • Leno · Cosponsor
  • Travis Allen · Cosponsor

Sponsorship breakdown

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1 sponsors · 5 co-sponsors · 116 not signed on · 6 voted No

Sponsors (1)

  • Feuer

Co-sponsors (5)

Not signed on (116)

116 members have not signed on to this bill.

Show all 116 →

"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

Do pass.

Passed 6 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6300
Total 6300
% of votes cast 67%33%0%0%
How each member voted (9)
Member Party Vote
Kehoe — Yea
Lieu — Yea
Runner — Nay
Alquist — Yea
Steinberg — Yea
Walters — Nay
Pavley — Yea
Price — Yea
Emmerson — Nay

Official roll call →

Placed on Appropriations Suspense file.

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Runner — Not Voting
Pavley — Yea
Price — Yea
Steinberg — Yea
Walters — Yea
Alquist — Yea
Kehoe — Yea
Lieu — Yea
Emmerson — Yea

Official roll call →

AB 52 FEUER Assembly Third Reading

Passed 45 Yea · 28 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 442607
Republican 0200
Democratic 1000
Total 452807
% of votes cast 56%35%0%9%
How each member voted (80)
Member Party Vote
Gordon — Yea
Gorell — Not Voting
Halderman — Nay
Butler — Yea
Feuer — Yea
Yamada — Yea
Fuentes — Yea
Fong — Yea
Garrick — Nay
Allen — Yea
Gatto — Yea
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Hagman — Nay
Harkey — Nay
Hayashi — Yea
Carter — Yea
Hill — Yea
Bonilla — Yea
Atkins — Yea
Huffman — Yea
Jeffries — Nay
Cedillo — Yea
Lara — Yea
Fletcher — Nay
Logue — Nay
Mendoza — Yea
Ammiano — Yea
Beall — Yea
Chesbro — Yea
Conway — Nay
Cook — Nay
Davis — Yea
Donnelly — Nay
Miller — Nay
Monning — Yea
Morrell — Nay
Nielsen — Nay
Norby — Nay
Pan — Nay
Silva — Nay
Smyth — Nay
Swanson — Yea
Valadao — Nay
Wagner — Nay
Williams — Yea
Galgiani — Not Voting
Hall — Not Voting
Perea — Not Voting
Solorio — Not Voting
Achadjian — Nay
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Not Voting
Huber — Not Voting
Hueso — Yea
Knight — Nay
Ma — Yea
Mansoor — Nay
Nestande — Nay
Olsen — Nay
Skinner — Yea
Torres — Yea
Wieckowski — Yea
Eng — Yea
Dickinson — Yea
Furutani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

AB 52 FEUER Assembly Third Reading Amend By FEUER Set #1

Passed 47 Yea · 28 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 462605
Republican 0200
Democratic 1000
Total 472805
% of votes cast 59%35%0%6%
How each member voted (80)
Member Party Vote
Gorell — Not Voting
Hall — Nay
Fuentes — Yea
Furutani — Yea
Fong — Yea
Garrick — Nay
Allen — Yea
Gatto — Yea
Hagman — Nay
Halderman — Nay
Butler — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Harkey — Nay
Hayashi — Yea
Huffman — Yea
Campos — Yea
Jeffries — Nay
Bonilla — Yea
Atkins — Yea
Lara — Yea
Logue — Nay
Carter — Yea
Mendoza — Yea
Fletcher — Nay
Miller — Nay
Beall — Yea
Block — Yea
Cedillo — Yea
Chesbro — Yea
Conway — Nay
Cook — Nay
Davis — Yea
Donnelly — Nay
Monning — Yea
Morrell — Nay
Nielsen — Nay
Norby — Nay
Pan — Yea
Silva — Nay
Smyth — Nay
Solorio — Yea
Torres — Yea
Valadao — Nay
Wieckowski — Yea
Williams — Yea
Gordon — Not Voting
Huber — Not Voting
Hueso — Not Voting
Perea — Not Voting
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Knight — Nay
Ma — Yea
Mansoor — Nay
Nestande — Nay
Olsen — Nay
Skinner — Yea
Swanson — Yea
Wagner — Nay
Eng — Yea
Feuer — Yea
Dickinson — Yea
Galgiani — Yea
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 9 Yea · 7 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 0100
Unaffiliated 9601
Total 9701
% of votes cast 53%41%0%6%
How each member voted (17)
Member Party Vote
Hall — Not Voting
Donnelly — Nay
Solorio — Nay
Wagner — Nay
Fuentes — Yea
Campos — Yea
Gatto — Yea
Hill — Yea
Mitchell — Yea
Blumenfield — Yea
Norby — Nay
Bradford — Yea
Harkey — Nay
Lara — Yea
Nielsen — Nay
Davis — Yea
Calderon, Lisa Democratic Nay

Official roll call →

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

Passed 12 Yea · 7 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12700
Total 12700
% of votes cast 63%37%0%0%
How each member voted (19)
Member Party Vote
Garrick — Nay
Mitchell — Yea
Bonilla — Yea
Atkins — Yea
Gordon — Yea
Hayashi — Yea
Logue — Nay
Monning — Yea
Nestande — Nay
Pan — Nay
Silva — Nay
Ammiano — Yea
Mansoor — Nay
Smyth — Nay
Williams — Yea
Eng — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea

Official roll call →

Subjects

healthcare health-insurance
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Frequently asked questions

What does AB 52 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 the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Under existing law, no change in premium rates or coverage in a health care service plan or a health insurance policy may become effective without prior written notification of the change to the contractholder or policyholder. Existing law prohibits a health care service plan or health insurer during the term of a group plan contract or policy from changing the rate of the premium, copayment, coinsurance, or deductible during specified time periods. Existing law requires a health care service plan or health insurer that issues individual or group contracts or policies to file with the Department of Managed Health Care or the Department of Insurance specified rate information at least 60 days prior to the effective date of any rate change. This bill would further require a health care service plan or health insurer that issues individual or group contracts or policies to file with the Department of Managed Health Care or the Department of Insurance, on and after January 1, 2012, a complete rate application for any proposed rate, as defined, or rate change, and would prohibit the Department of Managed Health Care or the Department of Insurance from approving any rate or rate change that is found to be excessive, inadequate, or unfairly discriminatory. The bill would require the rate application to include certain rate information. The bill would authorize the Department of Managed Health Care or the Department of Insurance to approve, deny, or modify any proposed rate or rate change, and would authorize the Department of Managed Health Care and the Department of Insurance to review any rate or rate change that went into effect between January 1, 2011, and January 1, 2012, and to order refunds, subject to these provisions. The bill would authorize the imposition of fees on health care service plans and health insurers for purposes of implementation, for deposit into newly created funds, subject to appropriation. The bill would impose civil penalties on a health care service plan or health insurer, and subject a health care service plan to discipline, for a violation of these provisions, as specified. The bill would establish proceedings for the review of any action taken under those provisions related to rate applications and would require the Department of Managed Health Care and the Department of Insurance, and plans and insurers, to disclose specified information on the Internet pertaining to rate applications and those proceedings. The bill would require the Department of Managed Health Care or the Department of Insurance, or the court, to award reasonable advocate's fees, including expert witness fees, and other reasonable costs in those proceedings under specified circumstances, to be paid by the plan or insurer. Because a willful violation of these provisions 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.
Who sponsors AB 52?
AB 52 is sponsored by Davis, DeSaulnier, Feuer, Huffman, Leno, and Travis Allen.
What is the current status of AB 52?
This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” 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 AB 52?
Track AB 52 free on One Click Politics — get push/email alerts when it moves.

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