California 2019-2020 Regular Session Status: Passed Assembly

AB 648 — Wellness programs.

Last action — Referred to Com. on HEALTH.

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

This bill died with 2019-2020 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

(1) Existing federal law, the federal Patient Protection and Affordable Care Act (PPACA) , enacted various health care coverage market reforms that took effect January 1, 2014. Among other things, PPACA sets forth various requirements related to wellness programs, which encompass programs of health promotion or disease prevention. 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 (department) and makes a willful violation of the act a crime. Existing law also provides for the regulation of various insurers by the Department of Insurance, headed by the Insurance Commissioner. This bill would prohibit health care service plans and insurers from sharing any personal information or data collected through a wellness program, except as specified, and would prohibit health care service plans or insurers from taking any adverse action, as defined, against an enrollee or member, or insured (individual) , if the action of the health care service plans or insurers is in response to an individual's election to not participate in a wellness program. The bill would establish and impose upon health care service plans and insurers various requirements related to a wellness program, such as requiring a health care service plan or insurer to post a written explanation that is reasonably likely to be understood by an individual on its internet website concerning its policies and practices pertaining to wellness programs, as specified. The bill would require a health care service plan or insurer, for purposes of administering and operating a wellness program, to limit its collection, dissemination, retention, and use of any personal information of an individual to only information that is reasonably necessary to operate a wellness program, except as specified, and would extend various requirements, to the extent that they are applicable, to any entity that the health care service plan or insurer contracts with for purposes of administering or operating a wellness program on their behalf. The bill would authorize the commissioner to assess penalties on an insurer for any violation of these provisions, as specified. Because a willful violation of these requirements relative to health care service plans would be a crime, the bill would impose a state-mandated local program. (2) Existing law establishes the Division of Labor Standards Enforcement, headed by the Labor Commissioner, within the Department of Industrial Relations, for the purpose of enforcing labor laws, including those relating to employer retaliation. This bill would, among other things, prohibit an employer from requiring an employee to participate in a wellness program as a condition of employment and from taking any adverse action, as defined, against an employee if the action is in response to an employee's election to not participate in a wellness program. The bill would establish and impose upon an employer various requirements related to a wellness program, such as requiring an employer to post a written explanation that is reasonably likely to be understood by an employee on its internet website concerning its policies and practices pertaining to a wellness program. The bill would require an employer, for purposes of administering and operating a wellness program, to limit its collection, dissemination, retention, and use of any personal information of an employee to only information that is reasonably necessary for the program's operation, except as specified, and would extend various requirements, to the extent that they are applicable, to any entity that the employer contracts with for purposes of administering or operating a wellness program on their behalf. The bill would grant an employee various rights in relation to a wellness program, such as obtaining a copy of the employee's records, including personal information that has been collected by the employer as part of a wellness program. The bill would make a violation of these requirements an infraction, thereby imposing a state-mandated local program. (3) 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. Referred to Com. on HEALTH.

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

  3. Read third time. Passed. Ordered to the Senate. (Ayes 41. Noes 21. Page 3911.)

  4. Assembly Rule 63 suspended. (Ayes 58. Noes 18. Page 3893.)

  5. Read second time. Ordered to third reading.

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

  7. From committee: Amend, and do pass as amended. (Ayes 12. Noes 5.) (January 23).

  8. In committee: Hearing postponed by committee.

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

  10. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (April 3). Re-referred to Com. on APPR.

  11. Re-referred to Com. on L. & E.

  12. Assembly Rule 56 suspended. (Page 911.)

  13. Read second time and amended.

  14. From committee: Amend, and do pass as amended and re-refer to Com. on L. & E. (Ayes 10. Noes 3.) (March 26).

  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. Referred to Coms. on HEALTH and L. & E.

  18. From printer. May be heard in committee March 21.

  19. Read first time. To print.

Sponsors

  • Nazarian · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 8 voted No

Sponsors (1)

  • Nazarian

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 648 Nazarian Assembly Third Reading

Passed 41 Yea · 21 Nay · 18 Other
Party YeaNayPresentNot Voting
Unaffiliated 291409
Democratic 12109
Republican 0600
Total 4121018
% of votes cast 51%26%0%23%
How each member voted (80)
Member Party Vote
Frazier — Yea
Gonzalez — Yea
Chau — Yea
Gloria — Yea
Bloom — Yea
Rodriguez — Yea
Santiago — Yea
Chiu — Yea
Holden — Yea
Eggman — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Friedman — Yea
Ting — Yea
Levine — Yea
Nazarian — Yea
Wood — Yea
Medina — Yea
Kamlager — Yea
Chu — Yea
McCarty — Yea
O'Donnell — Yea
Weber — Yea
Salas — Nay
Fong — Nay
Brough — Nay
Kiley — Nay
Mayes — Nay
Mathis — Nay
Bigelow — Nay
Cooley — Nay
Cunningham — Nay
Voepel — Nay
Obernolte — Nay
Melendez — Nay
Waldron — Nay
Burke — Not Voting
Cooper — Not Voting
Gray — Not Voting
Low — Not Voting
Rendon — Not Voting
Daly — Not Voting
Smith — Not Voting
Maienschein — Not Voting
Diep — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Not Voting
Bauer-Kahan, Rebecca Democratic Not Voting
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Not Voting
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Not Voting
Grayson, Timothy S. Democratic Not Voting
Irwin, Jacqui Democratic Nay
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Not Voting
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Not Voting
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass as amended.

Passed 12 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 5000
Unaffiliated 7401
Republican 0100
Total 12501
% of votes cast 67%28%0%6%
How each member voted (18)
Member Party Vote
Bloom — Yea
Eggman — Yea
Gonzalez — Yea
Quirk — Yea
Chau — Yea
Fong — Nay
Brough — Nay
Bigelow — Nay
Diep — Nay
Maienschein — Not Voting
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Rivas, Robert Democratic Yea
Dahle, Megan Republican Nay

Official roll call →

Do pass as amended and be re-referred to the Committee on [Labor and Employment]

Passed 10 Yea · 3 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 5202
Democratic 5000
Republican 0100
Total 10302
% of votes cast 67%20%0%13%
How each member voted (15)
Member Party Vote
Wood — Yea
Rodriguez — Yea
Santiago — Yea
McCarty — Yea
Nazarian — Yea
Waldron — Nay
Bigelow — Nay
Burke — Not Voting
Mayes — Not Voting
Aguiar-Curry, Cecilia M. Democratic Yea
Bonta, Mia Democratic Yea
Carrillo, Juan Democratic Yea
Limón, Monique Democratic Yea
Ramos, James C. Democratic Yea
Flora, Heath Republican Nay

Official roll call →

Subjects

healthcare labor
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Frequently asked questions

What does AB 648 do?
(1) Existing federal law, the federal Patient Protection and Affordable Care Act (PPACA) , enacted various health care coverage market reforms that took effect January 1, 2014. Among other things, PPACA sets forth various requirements related to wellness programs, which encompass programs of health promotion or disease prevention. 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 (department) and makes a willful violation of the act a crime. Existing law also provides for the regulation of various insurers by the Department of Insurance, headed by the Insurance Commissioner. This bill would prohibit health care service plans and insurers from sharing any personal information or data collected through a wellness program, except as specified, and would prohibit health care service plans or insurers from taking any adverse action, as defined, against an enrollee or member, or insured (individual) , if the action of the health care service plans or insurers is in response to an individual's election to not participate in a wellness program. The bill would establish and impose upon health care service plans and insurers various requirements related to a wellness program, such as requiring a health care service plan or insurer to post a written explanation that is reasonably likely to be understood by an individual on its internet website concerning its policies and practices pertaining to wellness programs, as specified. The bill would require a health care service plan or insurer, for purposes of administering and operating a wellness program, to limit its collection, dissemination, retention, and use of any personal information of an individual to only information that is reasonably necessary to operate a wellness program, except as specified, and would extend various requirements, to the extent that they are applicable, to any entity that the health care service plan or insurer contracts with for purposes of administering or operating a wellness program on their behalf. The bill would authorize the commissioner to assess penalties on an insurer for any violation of these provisions, as specified. Because a willful violation of these requirements relative to health care service plans would be a crime, the bill would impose a state-mandated local program. (2) Existing law establishes the Division of Labor Standards Enforcement, headed by the Labor Commissioner, within the Department of Industrial Relations, for the purpose of enforcing labor laws, including those relating to employer retaliation. This bill would, among other things, prohibit an employer from requiring an employee to participate in a wellness program as a condition of employment and from taking any adverse action, as defined, against an employee if the action is in response to an employee's election to not participate in a wellness program. The bill would establish and impose upon an employer various requirements related to a wellness program, such as requiring an employer to post a written explanation that is reasonably likely to be understood by an employee on its internet website concerning its policies and practices pertaining to a wellness program. The bill would require an employer, for purposes of administering and operating a wellness program, to limit its collection, dissemination, retention, and use of any personal information of an employee to only information that is reasonably necessary for the program's operation, except as specified, and would extend various requirements, to the extent that they are applicable, to any entity that the employer contracts with for purposes of administering or operating a wellness program on their behalf. The bill would grant an employee various rights in relation to a wellness program, such as obtaining a copy of the employee's records, including personal information that has been collected by the employer as part of a wellness program. The bill would make a violation of these requirements an infraction, thereby imposing a state-mandated local program. (3) 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 648?
AB 648 is sponsored by Nazarian.
What is the current status of AB 648?
This bill died with 2019-2020 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 648?
Track AB 648 free on One Click Politics — get push/email alerts when it moves.

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