California 2011-2012 Regular Session Status: Enacted

AB 2138 — Health insurance fraud: annual fee.

Last action — Chaptered by Secretary of State - Chapter 444, Statutes of 2012.

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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, 2012. 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 7 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 the regulation of disability insurers by the Insurance Commissioner. Existing law requires a disability insurer or other entity liable for any loss due to health insurance fraud doing business in California to pay an annual fee that does not exceed $0.10 per year for each insured in order to fund increased investigation and prosecution of fraudulent disability insurance claims. Existing law requires that 50% of those funds be distributed to the Fraud Division of the Department of Insurance for enhanced investigative efforts and that the other 50% be distributed to local district attorneys for the investigation and prosecution of disability insurance fraud cases, as specified. This bill would authorize the commissioner to increase the fee to no more than $0.20 per year for each insured and would require that 30% of those funds go to the Fraud Division of the department and that 70% go to the local district attorneys. The bill would require the commissioner to adopt regulations to implement these provisions. The bill would authorize an insurer to recoup this fee by way of a surcharge on premiums or by including the fee within the insurer's rates, as specified.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 444, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 5:45 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 72. Noes 6. Page 6313.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 24 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 4697.).

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 7. Noes 0.) (August 6).

  9. From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (June 28). Re-referred to Com. on APPR.

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

  11. Referred to Com. on INS.

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

  13. Read third time. Passed. Ordered to the Senate. (Ayes 71. Noes 2. Page 5054.)

  14. Read second time. Ordered to third reading.

  15. From committee: Do pass. (Ayes 12. Noes 0.) (May 25).

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

  17. From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 0.) (April 18). Re-referred to Com. on APPR.

  18. Referred to Com. on INS.

  19. From printer. May be heard in committee March 25.

  20. Read first time. To print.

Sponsors

  • Blumenfield · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

  • Blumenfield

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 2138 BLUMENFIELD Concurrence in Senate Amendments

Passed 72 Yea · 6 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 71402
Democratic 1000
Republican 0200
Total 72602
% of votes cast 90%8%0%3%
How each member voted (80)
Member Party Vote
Gorell — Yea
Feuer — Yea
Butler — Yea
Fuentes — Yea
Galgiani — Yea
Garrick — Yea
Gordon — Yea
Fong — Yea
Allen — Yea
Hagman — Yea
Hall — Yea
Harkey — Yea
Hill — Yea
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Huber — Yea
Fletcher — Yea
Huffman — Yea
Jeffries — Yea
Carter — Yea
Lara — Yea
Bonilla — Yea
Atkins — Yea
Ma — Yea
Alejo — Yea
Beall — Yea
Block — Yea
Cedillo — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Miller — Yea
Nestande — Yea
Norby — Yea
Olsen — Yea
Yamada — Yea
Halderman — Not Voting
Logue — Nay
Monning — Nay
Morrell — Nay
Donnelly — Nay
Perea — Yea
Silva — Yea
Smyth — Yea
Swanson — Yea
Valadao — Yea
Wagner — Yea
Williams — Yea
Achadjian — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hueso — Yea
Knight — Yea
Mansoor — Not Voting
Mendoza — Yea
Nielsen — Yea
Pan — Yea
Skinner — Yea
Solorio — Yea
Torres — Yea
Wieckowski — Yea
Eng — Yea
Davis — Yea
Dickinson — Yea
Furutani — Yea
Gatto — Yea
Beth Gaines — Yea
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 Nay

Official roll call →

3rd Reading AB2138 Blumenfield By Correa

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 33004
Republican 1000
Democratic 2000
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Yee — Not Voting
Wyland — Yea
Cannella — Yea
Lowenthal — Yea
De León — Yea
Evans — Yea
Fuller — Yea
Rubio — Yea
Hancock — Yea
Dutton — Yea
Runner — Not Voting
Negrete McLeod — Not Voting
Harman — Yea
Anderson — Yea
Blakeslee — Yea
Kehoe — Yea
Leno — Yea
Lieu — Not Voting
Pavley — Yea
Price — Yea
Steinberg — Yea
Vargas — Yea
Wolk — Yea
Wright — Yea
Alquist — Yea
Hernandez — Yea
Huff — Yea
Liu — Yea
Simitian — Yea
Walters — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

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
Lieu — Yea
Price — Yea
Alquist — Yea
Kehoe — Yea
Steinberg — Yea
Walters — Yea
Dutton — Yea

Official roll call →

AB 2138 BLUMENFIELD Assembly Third Reading

Passed 71 Yea · 2 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 68207
Republican 2000
Democratic 1000
Total 71207
% of votes cast 89%3%0%9%
How each member voted (80)
Member Party Vote
Butler — Yea
Carter — Yea
Feuer — Yea
Conway — Yea
Fuentes — Yea
Cook — Yea
Furutani — Yea
Garrick — Yea
Gorell — Yea
Fong — Yea
Allen — Yea
Hagman — Yea
Bradford — Yea
Hill — Yea
Huffman — Yea
Logue — Yea
Olsen — Yea
Perea — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Williams — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Galgiani — Yea
Gordon — Yea
Campos — Yea
Bonilla — Yea
Atkins — Yea
Halderman — Not Voting
Fletcher — Not Voting
Hall — Not Voting
Hayashi — Yea
Cedillo — Not Voting
Jeffries — Yea
Beall — Yea
Block — Yea
Davis — Yea
Donnelly — Not Voting
Knight — Yea
Lara — Yea
Mansoor — Not Voting
Mendoza — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Nielsen — Nay
Solorio — Yea
Valadao — Yea
Wagner — Not Voting
Wieckowski — Yea
Achadjian — Yea
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Huber — Yea
Hueso — Yea
Ma — Yea
Miller — Yea
Norby — Yea
Pan — Yea
Silva — Yea
Torres — Yea
Chesbro — Yea
Eng — Yea
Dickinson — Yea
Gatto — Yea
Yamada — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass.

Passed 12 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 11005
Democratic 1000
Total 12005
% of votes cast 71%0%0%29%
How each member voted (17)
Member Party Vote
Fuentes — Yea
Campos — Yea
Mitchell — Yea
Gatto — Yea
Harkey — Not Voting
Hill — Yea
Ammiano — Yea
Donnelly — Not Voting
Lara — Yea
Norby — Not Voting
Solorio — Yea
Wagner — Not Voting
Blumenfield — Yea
Bradford — Yea
Nielsen — Not Voting
Davis — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

public-safety finance health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 2138 do?
Existing law provides for the regulation of disability insurers by the Insurance Commissioner. Existing law requires a disability insurer or other entity liable for any loss due to health insurance fraud doing business in California to pay an annual fee that does not exceed $0.10 per year for each insured in order to fund increased investigation and prosecution of fraudulent disability insurance claims. Existing law requires that 50% of those funds be distributed to the Fraud Division of the Department of Insurance for enhanced investigative efforts and that the other 50% be distributed to local district attorneys for the investigation and prosecution of disability insurance fraud cases, as specified. This bill would authorize the commissioner to increase the fee to no more than $0.20 per year for each insured and would require that 30% of those funds go to the Fraud Division of the department and that 70% go to the local district attorneys. The bill would require the commissioner to adopt regulations to implement these provisions. The bill would authorize an insurer to recoup this fee by way of a surcharge on premiums or by including the fee within the insurer's rates, as specified.
Who sponsors AB 2138?
AB 2138 is sponsored by Blumenfield.
What is the current status of AB 2138?
This bill has been enacted into law. Introduced February 23, 2012. Enacted.
Where can I track AB 2138?
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