California 2011-2012 Regular Session Status: To Executive

AB 1461 — Individual health care coverage.

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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

(1) Existing federal law, the federal Patient Protection and Affordable Care Act (PPACA) enacts various health care coverage market reforms that take effect January 1, 2014. Among other things, PPACA requires each health insurance issuer that offers health insurance coverage in the individual or group market in a state to accept every employer and individual in the state that applies for that coverage and to renew that coverage at the option of the plan sponsor or the individual. PPACA prohibits a group health plan and a health insurance issuer offering group or individual health insurance coverage from imposing any preexisting condition exclusion with respect to that plan or coverage. PPACA allows the premium rate charge by a health insurance issuer offering small group or individual coverage to vary only by family composition, rating area, age, and tobacco use, as specified, and prohibits discrimination against individuals based on health status. 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 requires plans offering coverage in the individual market to offer coverage for a child subject to specified requirements. This bill would require a plan, on and after October 1, 2013, to offer, market, and sell all of the plan's health benefit plans that are sold in the individual market to all individuals and dependents in each service area in which the plan provides or arranges for the provision of health care services, with coverage effective on or after January 1, 2014, as specified, but would require plans to limit enrollment in individual health benefit plans to specified open enrollment and special enrollment periods. The bill would prohibit these health benefit plans from imposing any preexisting condition upon any individual. Commencing January 1, 2014, the bill would prohibit a plan from conditioning the issuance or offering of individual health benefit plans on any health status-related factor, as specified, and would authorize plans to use only age, geographic region, and whether the plan covers an individual or family for purposes of establishing rates for individual health benefit plans, as specified. The bill would require a health care service plan to issue a specified notice at least 60 days prior to the renewal date of an individual grandfathered health plan to all subscribers of the plan. The bill would make certain of these provisions inoperative if the corresponding provisions of PPACA are repealed and would make other related conforming changes. Because a willful violation of the bill's requirements with respect to health care service plans would be a crime, the bill would impose a state-mandated local program. (2) PPACA requires health insurance issuers to provide a summary of benefits and coverage explanation pursuant to specified standards to applicants and enrollees or policyholders. Existing law requires health care service plans to use disclosure forms that contain specified information regarding the contracts issued by the plan, including the benefits and coverage of the contract, and the exceptions, reductions, and limitations that apply to the contract. Existing law requires health care service plans that offer individual or small group coverage to also provide a uniform health plan benefits and coverage matrix containing the plan's major provisions, as specified. This bill would authorize the Department of Managed Health Care to waive or modify those requirements for purposes of compliance with PPACA through issuance of all-plan letters until January 1, 2015. (3) The bill would provide that it shall become operative only if SB 961 of the 2011–12 Regular Session is also enacted. (4) 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 51. Noes 27. Page 6748.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 23. Noes 12. Page 4934.).

  7. Read second time. Ordered to third reading.

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

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

  10. From committee: Do pass as amended. (Ayes 5. Noes 2.) (August 16).

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

  12. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 3.) (June 27). Re-referred to Com. on APPR.

  13. Referred to Com. on HEALTH.

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

  15. Read third time. Passed. Ordered to the Senate. (Ayes 50. Noes 27. Page 5039.)

  16. Read second time. Ordered to third reading.

  17. From committee: Do pass. (Ayes 12. Noes 5.) (May 25).

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

  19. From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 6.) (April 17). Re-referred to Com. on APPR.

  20. Re-referred to Com. on HEALTH.

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

  22. Referred to Com. on HEALTH.

  23. From printer. May be heard in committee February 9.

  24. Read first time. To print.

Sponsors

  • Hernandez · Cosponsor
  • Monning · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on · 6 voted No

Sponsors (1)

  • Monning

Co-sponsors (1)

  • Hernandez

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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 1461 MONNING Concurrence in Senate Amendments

Passed 51 Yea · 27 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 502502
Republican 0200
Democratic 1000
Total 512702
% of votes cast 64%34%0%3%
How each member voted (80)
Member Party Vote
Gorell — Nay
Halderman — Nay
Yamada — Yea
Butler — Yea
Campos — Yea
Feuer — Yea
Fuentes — Yea
Galgiani — Yea
Fong — Yea
Garrick — Nay
Allen — Yea
Gatto — Yea
Gordon — Yea
Carter — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Hagman — Nay
Hall — Yea
Harkey — Nay
Cedillo — Yea
Hill — Yea
Bonilla — Yea
Atkins — Yea
Huber — Yea
Huffman — Yea
Chesbro — Yea
Lara — Yea
Ammiano — Yea
Conway — Nay
Cook — Nay
Davis — Yea
Dickinson — Yea
Logue — Nay
Mendoza — Yea
Monning — Yea
Olsen — Nay
Pan — Yea
Skinner — Yea
Smyth — Nay
Swanson — Yea
Torres — Yea
Wagner — Nay
Wieckowski — Yea
Fletcher — Not Voting
Jeffries — Nay
Knight — Nay
Miller — Nay
Morrell — Nay
Nestande — Nay
Nielsen — Nay
Norby — Nay
Achadjian — Nay
Alejo — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hueso — Yea
Ma — Yea
Mansoor — Nay
Perea — Yea
Silva — Nay
Solorio — Yea
Valadao — Nay
Williams — Yea
Eng — Yea
Donnelly — Nay
Furutani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB1461 Monning By Hernandez

Passed 23 Yea · 12 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 211105
Democratic 2000
Republican 0100
Total 231205
% of votes cast 58%30%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wolk — Yea
Wyland — Not Voting
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Cannella — Nay
Runner — Not Voting
Hernandez — Yea
Alquist — Yea
Anderson — Nay
Dutton — Nay
Leno — Yea
Lieu — Not Voting
Liu — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Blakeslee — Nay
Harman — Nay
Huff — Nay
Kehoe — Yea
Pavley — Not Voting
Walters — Nay
Wright — Yea
Corbett — Yea
Emmerson — Not Voting
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Fuller — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

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
Kehoe — Yea
Dutton — Nay
Price — Yea
Alquist — Yea
Lieu — Yea
Steinberg — 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 →

Do pass, but re-refer to the Committee on Appropriations.

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
De León — Yea
Rubio — Yea
Hernandez — Yea
Blakeslee — Nay
Wolk — Yea
Alquist — Yea
Anderson — Nay
Harman — Nay
DeSaulnier — Yea

Official roll call →

AB 1461 MONNING Assembly Third Reading

Passed 50 Yea · 27 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 492503
Republican 0200
Democratic 1000
Total 502703
% of votes cast 63%34%0%4%
How each member voted (80)
Member Party Vote
Gorell — Nay
Hall — Not Voting
Butler — Yea
Feuer — Yea
Yamada — Yea
Furutani — Yea
Fong — Yea
Allen — Yea
Galgiani — Yea
Gatto — Yea
Gordon — Yea
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Hagman — Nay
Hayashi — Yea
Carter — Yea
Bonilla — Yea
Atkins — Yea
Hill — Yea
Hueso — Yea
Chesbro — Yea
Huffman — Yea
Ammiano — Yea
Beall — Yea
Conway — Nay
Cook — Nay
Davis — Yea
Dickinson — Yea
Knight — Nay
Lara — Yea
Mendoza — Yea
Monning — Yea
Nestande — Nay
Nielsen — Nay
Norby — Nay
Olsen — Nay
Perea — Yea
Silva — Nay
Smyth — Nay
Swanson — Yea
Torres — Yea
Wagner — Nay
Wieckowski — Yea
Fletcher — Not Voting
Halderman — Nay
Cedillo — Not Voting
Donnelly — Nay
Miller — Nay
Morrell — Nay
Achadjian — Nay
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Huber — Yea
Jeffries — Nay
Logue — Nay
Ma — Yea
Mansoor — Nay
Pan — Yea
Skinner — Yea
Solorio — Yea
Valadao — Nay
Williams — Yea
Eng — Yea
Fuentes — Yea
Garrick — Nay
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
Gatto — Yea
Davis — Yea
Blumenfield — Yea
Hill — Yea
Campos — Yea
Mitchell — Yea
Norby — Nay
Solorio — Yea
Donnelly — Nay
Wagner — Nay
Ammiano — Yea
Bradford — Yea
Harkey — Nay
Lara — Yea
Nielsen — Nay
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

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

Passed 13 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13600
Total 13600
% of votes cast 68%32%0%0%
How each member voted (19)
Member Party Vote
Garrick — Nay
Mitchell — Yea
Bonilla — Yea
Atkins — Yea
Gordon — Yea
Hayashi — Yea
Logue — Nay
Mansoor — Nay
Monning — Yea
Nestande — Nay
Smyth — Nay
Williams — Yea
Ammiano — Yea
Pan — Yea
Silva — Nay
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 1461 do?
(1) Existing federal law, the federal Patient Protection and Affordable Care Act (PPACA) enacts various health care coverage market reforms that take effect January 1, 2014. Among other things, PPACA requires each health insurance issuer that offers health insurance coverage in the individual or group market in a state to accept every employer and individual in the state that applies for that coverage and to renew that coverage at the option of the plan sponsor or the individual. PPACA prohibits a group health plan and a health insurance issuer offering group or individual health insurance coverage from imposing any preexisting condition exclusion with respect to that plan or coverage. PPACA allows the premium rate charge by a health insurance issuer offering small group or individual coverage to vary only by family composition, rating area, age, and tobacco use, as specified, and prohibits discrimination against individuals based on health status. 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 requires plans offering coverage in the individual market to offer coverage for a child subject to specified requirements. This bill would require a plan, on and after October 1, 2013, to offer, market, and sell all of the plan's health benefit plans that are sold in the individual market to all individuals and dependents in each service area in which the plan provides or arranges for the provision of health care services, with coverage effective on or after January 1, 2014, as specified, but would require plans to limit enrollment in individual health benefit plans to specified open enrollment and special enrollment periods. The bill would prohibit these health benefit plans from imposing any preexisting condition upon any individual. Commencing January 1, 2014, the bill would prohibit a plan from conditioning the issuance or offering of individual health benefit plans on any health status-related factor, as specified, and would authorize plans to use only age, geographic region, and whether the plan covers an individual or family for purposes of establishing rates for individual health benefit plans, as specified. The bill would require a health care service plan to issue a specified notice at least 60 days prior to the renewal date of an individual grandfathered health plan to all subscribers of the plan. The bill would make certain of these provisions inoperative if the corresponding provisions of PPACA are repealed and would make other related conforming changes. Because a willful violation of the bill's requirements with respect to health care service plans would be a crime, the bill would impose a state-mandated local program. (2) PPACA requires health insurance issuers to provide a summary of benefits and coverage explanation pursuant to specified standards to applicants and enrollees or policyholders. Existing law requires health care service plans to use disclosure forms that contain specified information regarding the contracts issued by the plan, including the benefits and coverage of the contract, and the exceptions, reductions, and limitations that apply to the contract. Existing law requires health care service plans that offer individual or small group coverage to also provide a uniform health plan benefits and coverage matrix containing the plan's major provisions, as specified. This bill would authorize the Department of Managed Health Care to waive or modify those requirements for purposes of compliance with PPACA through issuance of all-plan letters until January 1, 2015. (3) The bill would provide that it shall become operative only if SB 961 of the 2011–12 Regular Session is also enacted. (4) 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 1461?
AB 1461 is sponsored by Hernandez and Monning.
What is the current status of AB 1461?
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 1461?
Track AB 1461 free on One Click Politics — get push/email alerts when it moves.

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