California 2017-2018 Regular Session Status: Enacted

AB 2863 — Health care coverage: prescriptions.

Last action — Chaptered by Secretary of State - Chapter 770, Statutes of 2018.

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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 16, 2018. Enacted.

Prognosis

Likely to advance 76% · 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.

  • 4 sponsors

    1 primary, 3 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 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, 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. Existing law requires a health care service plan or health insurer that covers outpatient prescription drug benefits to provide coverage for specified prescription drugs, and requires cost sharing for outpatient prescription drugs to be reasonable so as to allow access to medically necessary outpatient prescription drugs. This bill would limit the amount a health care service plan or health insurer may require an enrollee or insured to pay at the point of sale for a covered prescription to the lesser of the applicable cost-sharing amount or the retail price. The bill would prohibit a health care service plan or health insurer from requiring a pharmacy to charge or collect a cost-sharing amount from an enrollee or insured that exceeds the total retail price for the prescription drug, and would provide that the payment rendered by an enrollee or insured would constitute the applicable cost sharing, as specified. The bill would require a pharmacy to inform a customer whether the retail price for a covered prescription is lower than the applicable cost-sharing amount, unless the pharmacy automatically charges the customer the lower price. If the customer pays the retail price, the bill would require the pharmacy to submit the claim to the health care service plan or health insurer in the same manner as if the customer had purchased the prescription drug by paying the cost-sharing amount when submitted by the network pharmacy. The bill would make a contract provision that is inconsistent with these provisions void and unenforceable. 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. Chaptered by Secretary of State - Chapter 770, Statutes of 2018.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 6880.).

  5. From committee: That the Senate amendments be concurred in. (Ayes 18. Noes 0.) (August 28).

  6. Re-referred to Com. on B. & P. pursuant to Assembly Rule 77.2.

  7. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 22 pursuant to Assembly Rule 77.

  8. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 5451.).

  9. Read second time. Ordered to third reading.

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

  11. Read second time. Ordered to third reading.

  12. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

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

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

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

  16. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (June 13).

  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 70. Noes 0. Page 5302.)

  20. Read second time. Ordered to third reading.

  21. Read second time and amended. Ordered returned to second reading.

  22. From committee: Amend, and do pass as amended. (Ayes 17. Noes 0.) (May 16).

  23. From committee: Do pass and re-refer to Com. on APPR. (Ayes 16. Noes 0.) (April 24). Re-referred to Com. on APPR.

  24. From committee: Do pass and re-refer to Com. on B. & P. (Ayes 15. Noes 0.) (April 17). Re-referred to Com. on B. & P.

  25. Coauthors revised.

  26. Re-referred to Com. on HEALTH.

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

  28. Re-referred to Com. on HEALTH.

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

  30. Referred to Coms. on HEALTH and B. & P.

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

  32. Read first time. To print.

Sponsors

  • Burke · Cosponsor
  • Levine · Cosponsor
  • Nazarian · Primary
  • Wood · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 3 co-sponsors · 118 not signed on

Sponsors (1)

  • Nazarian

Co-sponsors (3)

  • Burke
  • Levine
  • Wood

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"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 2863 NAZARIAN Concurrence in Senate Amendments

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 57001
Democratic 16000
Republican 6000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Acosta — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Harper — Yea
Jones-Sawyer — Yea
Kiley — Yea
Maienschein — Yea
Mathis — Yea
Mullin — Yea
O'Donnell — Yea
Rendon — Yea
Santiago — Yea
Ting — Yea
Weber — Yea
Chau — Yea
Gonzalez Fletcher — Yea
Burke — Yea
Frazier — Yea
Fong — Yea
Salas — Yea
Gloria — Yea
Gray — Yea
Holden — Yea
Rubio — Yea
Kamlager-Dove — Yea
Rivas — Yea
Levine — Yea
Low — Yea
Mayes — Yea
McCarty — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Cooper — Yea
Medina — Yea
Melendez — Yea
Nazarian — Yea
Obernolte — Yea
Quirk — Yea
Rodriguez — Yea
Steinorth — Yea
Thurmond — Yea
Voepel — Yea
Waldron — Yea
Wood — Yea
Chiu — Yea
Eggman — Not Voting
Cunningham — Yea
Daly — Yea
Friedman — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

With recommendation: That Senate amendments be concurred in.

Passed 18 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 13001
Democratic 4000
Republican 1000
Total 18001
% of votes cast 95%0%0%5%
How each member voted (19)
Member Party Vote
Baker — Yea
Bloom — Yea
Brough — Yea
Holden — Yea
McCarty — Yea
Mullin — Not Voting
Ting — Yea
Eggman — Yea
Cunningham — Yea
Fong — Yea
Chiu — Yea
Low — Yea
Medina — Yea
Obernolte — Yea
Arambula, Joaquin Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Chen, Phillip Republican Yea

Official roll call →

3rd Reading AB2863 Nazarian et al. By Wiener

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 34001
Democratic 5000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Hueso — Yea
Delgado — Yea
Dodd — Yea
Fuller — Yea
Galgiani — Yea
Wilk — Yea
Cannella — Yea
Hernandez — Yea
Chang — Yea
Mitchell — Yea
Hertzberg — Yea
Hill — Yea
Allen — Yea
De León — Yea
Atkins — Yea
Portantino — Yea
Beall — Yea
Bradford — Yea
Lara — Yea
Leyva — Yea
Monning — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Pan — Yea
Roth — Yea
Skinner — Yea
Vidak — Yea
Wieckowski — Yea
Glazer — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 2863 NAZARIAN Assembly Third Reading

Passed 70 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Democratic 14001
Unaffiliated 50007
Republican 6000
Total 70008
% of votes cast 90%0%0%10%
How each member voted (78)
Member Party Vote
Brough — Not Voting
Kamlager-Dove — Yea
Mathis — Yea
Mullin — Not Voting
Obernolte — Yea
Rodriguez — Yea
Steinorth — Not Voting
Ting — Yea
Weber — Yea
Chiu — Yea
Eggman — Yea
Cooley — Yea
Chu — Yea
Chau — Yea
Acosta — Yea
Bloom — Yea
Low — Yea
Mayes — Yea
Medina — Yea
Santiago — Yea
Thurmond — Yea
Gonzalez Fletcher — Yea
Fong — Yea
Salas — Yea
Burke — Yea
Frazier — Yea
Gray — Yea
Harper — Yea
Rubio — Yea
Holden — Yea
Jones-Sawyer — Yea
Kiley — Yea
Levine — Not Voting
Maienschein — Yea
McCarty — Yea
Melendez — Yea
Baker — Yea
Bigelow — Yea
Chávez — Yea
Cooper — Yea
Nazarian — Yea
O'Donnell — Yea
Quirk — Yea
Rendon — Not Voting
Voepel — Yea
Waldron — Not Voting
Wood — Yea
Cunningham — Yea
Daly — Yea
Friedman — Yea
Gloria — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Not Voting
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Not Voting
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass as amended.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Democratic 3000
Republican 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Brough — Yea
Nazarian — Yea
Quirk — Yea
Eggman — Yea
Friedman — Yea
Gonzalez Fletcher — Yea
Fong — Yea
Chau — Yea
Obernolte — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

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

Passed 16 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 4000
Republican 1000
Total 16000
% of votes cast 100%0%0%0%
How each member voted (16)
Member Party Vote
Baker — Yea
Brough — Yea
Low — Yea
Ting — Yea
Eggman — Yea
Cunningham — Yea
Holden — Yea
Fong — Yea
Mullin — Yea
Bloom — Yea
Chiu — Yea
Arambula, Joaquin Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Chen, Phillip Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Business and Professions]

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 11000
Republican 1000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
Bigelow — Yea
McCarty — Yea
Thurmond — Yea
Burke — Yea
Mayes — Yea
Nazarian — Yea
Rodriguez — Yea
Santiago — Yea
Waldron — Yea
Wood — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Bonta, Mia Democratic Yea
Limón, Monique Democratic Yea
Flora, Heath Republican Yea

Official roll call →

Subjects

healthcare health-insurance
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Frequently asked questions

What does AB 2863 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. Existing law requires a health care service plan or health insurer that covers outpatient prescription drug benefits to provide coverage for specified prescription drugs, and requires cost sharing for outpatient prescription drugs to be reasonable so as to allow access to medically necessary outpatient prescription drugs. This bill would limit the amount a health care service plan or health insurer may require an enrollee or insured to pay at the point of sale for a covered prescription to the lesser of the applicable cost-sharing amount or the retail price. The bill would prohibit a health care service plan or health insurer from requiring a pharmacy to charge or collect a cost-sharing amount from an enrollee or insured that exceeds the total retail price for the prescription drug, and would provide that the payment rendered by an enrollee or insured would constitute the applicable cost sharing, as specified. The bill would require a pharmacy to inform a customer whether the retail price for a covered prescription is lower than the applicable cost-sharing amount, unless the pharmacy automatically charges the customer the lower price. If the customer pays the retail price, the bill would require the pharmacy to submit the claim to the health care service plan or health insurer in the same manner as if the customer had purchased the prescription drug by paying the cost-sharing amount when submitted by the network pharmacy. The bill would make a contract provision that is inconsistent with these provisions void and unenforceable. 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 2863?
AB 2863 is sponsored by Burke, Levine, Nazarian, and Wood.
What is the current status of AB 2863?
This bill has been enacted into law. Introduced February 16, 2018. Enacted.
Where can I track AB 2863?
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Last checked for changes 3 months ago · updated continuously

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