California 2013-2014 Regular Session Status: Passed Assembly

AB 2533 — Health care coverage: noncontracting providers.

Last action — Died on third reading file.

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

This bill died with 2013-2014 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 also provides for the regulation of health insurers by the Department of Insurance. Existing law requires the Department of Managed Health Care and the Insurance Commissioner to adopt regulations to ensure that enrollees and insureds have access to needed health care services in a timely manner, as specified. Existing law authorizes the Department of Managed Health Care to assess administrative penalties for noncompliance with the requirements, which are paid into the Managed Care Administrative Fines and Penalties Fund. This bill would require a health care service plan or health insurer that contracts for alternative rates of payment to arrange for, or assist in arranging for, an enrollee or insured who is unable to obtain a medically necessary covered service to receive the care or service from a noncontracting provider in an accessible and timely manner. The bill would prohibit the health care service plan or health insurer from imposing copayments, coinsurance, or deductibles on an enrollee or insured that exceed what the enrollee or insured would pay for services from a contracting provider. The bill would also prohibit a noncontracting provider that agrees to provide services under these provisions from billing an enrollee or insured for any amount in excess of the in-network reimbursement rate, except as specified. The bill would require a health care service plan or health insurer to report annually to the respective department on the occurrences of denial of care and complaints received by the plan or insurer regarding accessible and timely access to care. The bill would require each department to review those complaints and any complaints received by the department regarding accessibility or timeliness of care and annually prepare and post on its Internet Web site a report of the information received. This bill would authorize the Insurance Commissioner to investigate and take enforcement action against insurers regarding noncompliance with these provisions and would authorize the commissioner to assess administrative penalties for violations, as specified. The bill would require the commissioner, on or before January 1, 2016, to promulgate related regulations and review the regulations every 3 years to determine if the regulations should be updated. Because a willful violation of these requirements with respect 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. Died on third reading file.

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

  3. From committee: Do pass as amended. (Ayes 5. Noes 1.) (August 14).

  4. In committee: Placed on APPR. suspense file.

  5. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (June 25). Re-referred to Com. on APPR.

  6. Referred to Com. on HEALTH.

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

  8. Read third time. Passed. Ordered to the Senate. (Ayes 44. Noes 28. Page 5301.)

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 12. Noes 5.) (May 23).

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

  12. Re-referred to Com. on APPR.

  13. Read second time and amended.

  14. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 12. Noes 6.) (April 29).

  15. Re-referred to Com. on HEALTH.

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

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

  18. Re-referred to Com. on HEALTH.

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

  20. Referred to Com. on HEALTH.

  21. Read first time.

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

  23. Introduced. To print.

Sponsors

  • Ammiano · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

  • Ammiano

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

Do pass as amended.

Passed 5 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 4101
Total 5101
% of votes cast 71%14%0%14%
How each member voted (7)
Member Party Vote
De León — Yea
Hill — Yea
Lara — Yea
Steinberg — Yea
Walters — Not Voting
Beth Gaines — Nay
Padilla, Stephen C. Democratic Yea

Official roll call →

Passed 6 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6201
Total 6201
% of votes cast 67%22%0%11%
How each member voted (9)
Member Party Vote
Hernandez — Yea
Monning — Yea
Wolk — Not Voting
De León — Yea
Beall — Yea
Morrell — Nay
Nielsen — Nay
Evans — Yea
DeSaulnier — Yea

Official roll call →

Passed 44 Yea · 28 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 422406
Democratic 2101
Republican 0300
Total 442807
% of votes cast 56%35%0%9%
How each member voted (79)
Member Party Vote
Achadjian — Nay
Alejo — Not Voting
Ammiano — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Linder — Nay
Mansoor — Nay
Nazarian — Yea
Olsen — Nay
Ridley-Thomas — Yea
Rodriguez — Not Voting
Waldron — Nay
Wieckowski — Yea
Wilk — Nay
Campos — Yea
Gatto — Yea
Lowenthal — Yea
Garcia — Yea
Gray — Yea
Atkins — Yea
Gordon — Yea
Fong — Yea
Bonilla — Yea
Hall — Yea
Holden — Yea
Jones-Sawyer — Yea
Bocanegra — Yea
John A. Pérez — Yea
Levine — Yea
Logue — Nay
Allen — Nay
Chau — Yea
Chesbro — Yea
Dickinson — Yea
Eggman — Yea
Medina — Yea
Mullin — Yea
Pan — Yea
Quirk — Yea
Rendon — Yea
Skinner — Yea
Ting — Yea
Weber — Yea
Williams — Yea
Salas — Nay
Chávez — Nay
Conway — Nay
Gorell — Nay
Harkey — Nay
Maienschein — Nay
Melendez — Nay
Cooley — Not Voting
Dababneh — Nay
Bigelow — Nay
Donnelly — Nay
Nestande — Nay
Perea — Not Voting
Wagner — Nay
Daly — Not Voting
Fox — Nay
Frazier — Not Voting
Yamada — Yea
Gomez — Yea
Hagman — Nay
Beth Gaines — Nay
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Not Voting
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Nay
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Passed 52 Yea · 24 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 482103
Democratic 4000
Republican 0300
Total 522403
% of votes cast 66%30%0%4%
How each member voted (79)
Member Party Vote
Achadjian — Nay
Ammiano — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Nay
Levine — Yea
Linder — Nay
Mansoor — Nay
Nazarian — Yea
Pan — Yea
Quirk — Yea
Rodriguez — Yea
Wagner — Nay
Wilk — Nay
Gordon — Yea
Holden — Yea
Dababneh — Yea
Lowenthal — Yea
Garcia — Yea
Gray — Yea
Atkins — Yea
Fong — Yea
Daly — Yea
Ridley-Thomas — Yea
Skinner — Yea
Campos — Yea
Bonilla — Yea
Gatto — Yea
Gomez — Yea
Bocanegra — Yea
Gorell — Nay
John A. Pérez — Yea
Hagman — Nay
Hall — Yea
Allen — Nay
Jones-Sawyer — Yea
Logue — Nay
Maienschein — Nay
Chau — Yea
Medina — Yea
Salas — Not Voting
Melendez — Nay
Mullin — Yea
Nestande — Nay
Olsen — Nay
Alejo — Yea
Bigelow — Nay
Chesbro — Yea
Chávez — Nay
Conway — Nay
Cooley — Not Voting
Dickinson — Yea
Donnelly — Nay
Perea — Yea
Rendon — Yea
Ting — Yea
Waldron — Nay
Weber — Yea
Wieckowski — Yea
Williams — Yea
Eggman — Yea
Fox — Yea
Frazier — Not Voting
Yamada — Yea
Beth Gaines — Nay
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11400
Democratic 1000
Republican 0100
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Nay
Bradford — Yea
Linder — Nay
Weber — Yea
Campos — Yea
Gomez — Yea
Bocanegra — Yea
Holden — Yea
Donnelly — Nay
Eggman — Yea
Pan — Yea
Quirk — Yea
Ridley-Thomas — Yea
Wagner — Nay
Gatto — Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

Passed 12 Yea · 6 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 11601
Democratic 1000
Total 12601
% of votes cast 63%32%0%5%
How each member voted (19)
Member Party Vote
Ammiano — Yea
Nestande — Nay
Pan — Yea
Wagner — Nay
Chau — Yea
Gomez — Yea
Lowenthal — Yea
Bonilla — Not Voting
Chesbro — Yea
Chávez — Nay
Maienschein — Nay
Nazarian — Yea
Ridley-Thomas — Yea
Waldron — Nay
Wieckowski — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Roger Hernández — Yea
Bonta, Mia Democratic Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 2533 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 also provides for the regulation of health insurers by the Department of Insurance. Existing law requires the Department of Managed Health Care and the Insurance Commissioner to adopt regulations to ensure that enrollees and insureds have access to needed health care services in a timely manner, as specified. Existing law authorizes the Department of Managed Health Care to assess administrative penalties for noncompliance with the requirements, which are paid into the Managed Care Administrative Fines and Penalties Fund. This bill would require a health care service plan or health insurer that contracts for alternative rates of payment to arrange for, or assist in arranging for, an enrollee or insured who is unable to obtain a medically necessary covered service to receive the care or service from a noncontracting provider in an accessible and timely manner. The bill would prohibit the health care service plan or health insurer from imposing copayments, coinsurance, or deductibles on an enrollee or insured that exceed what the enrollee or insured would pay for services from a contracting provider. The bill would also prohibit a noncontracting provider that agrees to provide services under these provisions from billing an enrollee or insured for any amount in excess of the in-network reimbursement rate, except as specified. The bill would require a health care service plan or health insurer to report annually to the respective department on the occurrences of denial of care and complaints received by the plan or insurer regarding accessible and timely access to care. The bill would require each department to review those complaints and any complaints received by the department regarding accessibility or timeliness of care and annually prepare and post on its Internet Web site a report of the information received. This bill would authorize the Insurance Commissioner to investigate and take enforcement action against insurers regarding noncompliance with these provisions and would authorize the commissioner to assess administrative penalties for violations, as specified. The bill would require the commissioner, on or before January 1, 2016, to promulgate related regulations and review the regulations every 3 years to determine if the regulations should be updated. Because a willful violation of these requirements with respect 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 2533?
AB 2533 is sponsored by Ammiano.
What is the current status of AB 2533?
This bill died with 2013-2014 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 2533?
Track AB 2533 free on One Click Politics — get push/email alerts when it moves.

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