California 2011-2012 Regular Session Status: To Executive

AB 369 — Health care coverage: prescription drugs.

Last action — Consideration of Governor's veto pending.

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

This bill died with 2011-2012 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the 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. Commonly referred to as utilization review, existing law governs the procedures that apply to every health care service plan and health insurer that prospectively, retrospectively, or concurrently reviews and approves, modifies, delays, or denies, based on medical necessity, requests by providers prior to, retrospectively, or concurrent with, the provision of health care services to enrollees or insureds, as specified. Existing law also imposes various requirements and restrictions on health care service plans and health insurers, including, among other things, requiring a health care service plan that provides prescription drug benefits to maintain an expeditious process by which prescribing providers, as described, may obtain authorization for a medically necessary nonformulary prescription drug, according to certain procedures. Existing law also requires every health care service plan that provides prescription drug benefits that maintains one or more drug formularies to provide to members of the public, upon request, a copy of the most current list of prescription drugs on the formulary. This bill would impose specified requirements on health care service plans or health insurers that restrict medications for the treatment of pain pursuant to step therapy or fail first protocol. The bill would authorize the duration of any step therapy or fail first protocol to be determined by the prescribing participating plan provider or prescribing provider, as respectively defined, and would, except under certain conditions, prohibit a health care service plan or health insurer from requiring that a patient try and fail on more than 2 pain medications before allowing the patient access to other pain medication prescribed by the prescribing participating plan provider or prescribing provider, as specified. Because a willful violation of the bill's provisions relative to health care service plans 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. Consideration of Governor's veto pending.

  2. Vetoed by Governor.

  3. Enrolled and presented to the Governor at 12:15 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 60. Noes 15. Page 6621.).

  5. Assembly Rule 77 suspended. (Page 6605.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 31 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 23. Noes 11. Page 4975.).

  8. Read second time. Ordered to third reading.

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

  10. Read second time. Ordered to third reading.

  11. From committee: Do pass. (Ayes 5. Noes 2.) (August 16).

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

  13. Read second time and amended. Re-referred to Com. on APPR.

  14. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 27).

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

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

  17. Referred to Com. on HEALTH.

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

  19. Read third time. Passed. Ordered to the Senate. (Ayes 48. Noes 22. Page 3592.)

  20. Read second time. Ordered to third reading.

  21. From committee: Do pass. (Ayes 12. Noes 5.) (January 19).

  22. In committee: Hearing postponed by committee.

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

  24. From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 5.) (April 26). Re-referred to Com. on APPR.

  25. Referred to Com. on HEALTH.

  26. From printer. May be heard in committee March 17.

  27. Read first time. To print.

Sponsors

  • Ammiano · Cosponsor
  • Beall · Cosponsor
  • Carter · Cosponsor
  • Chesbro · Cosponsor
  • Feuer · Cosponsor
  • Huffman · Primary
  • Pavley · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 6 co-sponsors · 115 not signed on · 7 voted No

Sponsors (1)

  • Huffman

Co-sponsors (6)

  • Ammiano
  • Beall
  • Carter
  • Chesbro
  • Feuer
  • Pavley

Not signed on (115)

115 members have not signed on to this bill.

Show all 115 →

"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

3rd Reading AB369 Huffman By Price

Passed 23 Yea · 11 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 22906
Republican 0100
Democratic 1100
Total 231106
% of votes cast 58%28%0%15%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Not Voting
Wyland — Not Voting
Evans — Yea
Fuller — Yea
Lowenthal — Yea
Cannella — Nay
De León — Yea
Negrete McLeod — Yea
Harman — Yea
Hernandez — Not Voting
Huff — Nay
Rubio — Nay
Runner — Not Voting
Corbett — Yea
Anderson — Yea
Dutton — Nay
Leno — Yea
Liu — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Wolk — Yea
Wright — Yea
Alquist — Yea
Blakeslee — Nay
Kehoe — Yea
Lieu — Not Voting
Pavley — Not Voting
Walters — Nay
Emmerson — Yea
Correa — Nay
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
La Malfa — Nay
Calderon, Lisa Democratic Nay
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

AB 369 HUFFMAN Concurrence in Senate Amendments

Passed 60 Yea · 15 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 581405
Republican 1100
Democratic 1000
Total 601505
% of votes cast 75%19%0%6%
How each member voted (80)
Member Party Vote
Gordon — Yea
Hagman — Nay
Feuer — Yea
Butler — Yea
Carter — Yea
Fong — Yea
Allen — Yea
Cedillo — Yea
Hill — Yea
Fuentes — Yea
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Furutani — Yea
Fletcher — Yea
Garrick — Nay
Gatto — Yea
Chesbro — Yea
Gorell — Not Voting
Bonilla — Yea
Atkins — Yea
Conway — Nay
Halderman — Yea
Hall — Yea
Harkey — Yea
Hueso — Yea
Huffman — Yea
Beall — Yea
Block — Yea
Cook — Not Voting
Donnelly — Nay
Knight — Yea
Lara — Yea
Mendoza — Yea
Miller — Nay
Monning — Not Voting
Morrell — Nay
Nestande — Yea
Norby — Yea
Pan — Yea
Silva — Nay
Skinner — Yea
Solorio — Yea
Swanson — Yea
Valadao — Yea
Wieckowski — Yea
Williams — Yea
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Jeffries — Nay
Logue — Nay
Ma — Yea
Mansoor — Nay
Nielsen — Nay
Olsen — Yea
Perea — Yea
Smyth — Not Voting
Torres — Not Voting
Wagner — Nay
Eng — Yea
Davis — Yea
Dickinson — Yea
Yamada — Yea
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Yea

Official roll call →

Do pass.

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5200
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Dutton — Nay
Lieu — Yea
Steinberg — Yea
Alquist — Yea
Kehoe — Yea
Price — Yea
Walters — Nay

Official roll call →

Placed on Appropriations Suspense file.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Dutton — Yea
Price — Yea
Steinberg — Yea
Walters — Yea
Alquist — Yea
Kehoe — Yea
Lieu — Yea

Official roll call →

AB 369 HUFFMAN Assembly Third Reading

Passed 48 Yea · 22 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 4720010
Republican 0200
Democratic 1000
Total 4822010
% of votes cast 60%28%0%13%
How each member voted (80)
Member Party Vote
Gordon — Yea
Gorell — Not Voting
Hall — Yea
Butler — Yea
Campos — Yea
Fuentes — Yea
Garrick — Nay
Gatto — Yea
Fong — Yea
Allen — Yea
Hagman — Nay
Harkey — Nay
Hayashi — Yea
Carter — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Huber — Yea
Hueso — Yea
Cedillo — Yea
Bonilla — Yea
Atkins — Yea
Lara — Yea
Chesbro — Yea
Ammiano — Yea
Block — Yea
Conway — Nay
Logue — Nay
Mendoza — Yea
Olsen — Nay
Pan — Yea
Perea — Yea
Skinner — Yea
Swanson — Yea
Torres — Yea
Wagner — Nay
Wieckowski — Yea
Fletcher — Nay
Furutani — Not Voting
Galgiani — Not Voting
Halderman — Not Voting
Cook — Not Voting
Donnelly — Nay
Jeffries — Nay
Knight — Not Voting
Miller — Nay
Monning — Not Voting
Nestande — Nay
Nielsen — Nay
Silva — Nay
Smyth — Not Voting
Achadjian — Nay
Alejo — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Huffman — Yea
Ma — Yea
Mansoor — Nay
Morrell — Nay
Norby — Not Voting
Solorio — Yea
Valadao — Nay
Williams — Yea
Eng — Yea
Feuer — Yea
Davis — Not Voting
Dickinson — 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 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11500
Democratic 1000
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Hall — Yea
Fuentes — Yea
Gatto — Yea
Harkey — Nay
Hill — Yea
Campos — Yea
Mitchell — Yea
Nielsen — Nay
Chesbro — Yea
Donnelly — Nay
Norby — Nay
Wagner — Nay
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Solorio — Yea
Calderon, Lisa Democratic Yea

Official roll call →

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

Passed 13 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 13501
Total 13501
% of votes cast 68%26%0%5%
How each member voted (19)
Member Party Vote
Eng — Yea
Garrick — Nay
Gordon — Yea
Mitchell — Yea
Bonilla — Yea
Atkins — Yea
Ammiano — Yea
Hayashi — Yea
Monning — Yea
Nestande — Nay
Silva — Nay
Smyth — Nay
Logue — Nay
Mansoor — Not Voting
Pan — Yea
Williams — 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 369 do?
Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the 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. Commonly referred to as utilization review, existing law governs the procedures that apply to every health care service plan and health insurer that prospectively, retrospectively, or concurrently reviews and approves, modifies, delays, or denies, based on medical necessity, requests by providers prior to, retrospectively, or concurrent with, the provision of health care services to enrollees or insureds, as specified. Existing law also imposes various requirements and restrictions on health care service plans and health insurers, including, among other things, requiring a health care service plan that provides prescription drug benefits to maintain an expeditious process by which prescribing providers, as described, may obtain authorization for a medically necessary nonformulary prescription drug, according to certain procedures. Existing law also requires every health care service plan that provides prescription drug benefits that maintains one or more drug formularies to provide to members of the public, upon request, a copy of the most current list of prescription drugs on the formulary. This bill would impose specified requirements on health care service plans or health insurers that restrict medications for the treatment of pain pursuant to step therapy or fail first protocol. The bill would authorize the duration of any step therapy or fail first protocol to be determined by the prescribing participating plan provider or prescribing provider, as respectively defined, and would, except under certain conditions, prohibit a health care service plan or health insurer from requiring that a patient try and fail on more than 2 pain medications before allowing the patient access to other pain medication prescribed by the prescribing participating plan provider or prescribing provider, as specified. Because a willful violation of the bill's provisions relative to health care service plans 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 369?
AB 369 is sponsored by Ammiano, Beall, Carter, Chesbro, Feuer, Huffman, and Pavley.
What is the current status of AB 369?
This bill died with 2011-2012 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 AB 369?
Track AB 369 free on One Click Politics — get push/email alerts when it moves.

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