Section § 1367

Explanation

This law outlines the requirements for health care service plans in California. It specifies that all facilities used by the plan must be properly licensed, and personnel must have necessary certifications. Equipment must also be legally licensed, and services should ensure continuity of care. They must be accessible, potentially using telehealth when appropriate.

The statute mandates fair contracts with providers, including dispute resolution mechanisms. Health plans must offer basic health services and can charge co-pays but must disclose such charges. They can set service coverage limits, provided they are disclosed and approved. Optometrists using pharmaceuticals can participate without federal registration. Plans cannot dictate pricing but must comply with all stated requirements even when delegating duties.

A health care service plan and, if applicable, a specialized health care service plan shall meet the following requirements:
(a)CA Health & Safety Code § 1367(a) Facilities located in this state including, but not limited to, clinics, hospitals, and skilled nursing facilities to be utilized by the plan shall be licensed by the State Department of Public Health, where licensure is required by law. Facilities not located in this state shall conform to all licensing and other requirements of the jurisdiction in which they are located.
(b)CA Health & Safety Code § 1367(b) Personnel employed by or under contract to the plan shall be licensed or certified by their respective board or agency, where licensure or certification is required by law.
(c)CA Health & Safety Code § 1367(c) Equipment required to be licensed or registered by law shall be so licensed or registered, and the operating personnel for that equipment shall be licensed or certified as required by law.
(d)CA Health & Safety Code § 1367(d) The plan shall furnish services in a manner providing continuity of care and ready referral of patients to other providers at times as may be appropriate consistent with good professional practice.
(e)Copy CA Health & Safety Code § 1367(e)
(1)Copy CA Health & Safety Code § 1367(e)(1) All services shall be readily available at reasonable times to each enrollee consistent with good professional practice. To the extent feasible, the plan shall make all services readily accessible to all enrollees consistent with Section 1367.03.
(2)CA Health & Safety Code § 1367(e)(2) To the extent that telehealth services are appropriately provided through telehealth, as defined in subdivision (a) of Section 2290.5 of the Business and Professions Code, these services shall be considered in determining compliance with Section 1300.67.2 of Title 28 of the California Code of Regulations.
(3)CA Health & Safety Code § 1367(e)(3) The plan shall make all services accessible and appropriate consistent with Section 1367.04.
(f)CA Health & Safety Code § 1367(f) The plan shall employ and utilize allied health manpower for the furnishing of services to the extent permitted by law and consistent with good medical practice.
(g)CA Health & Safety Code § 1367(g) The plan shall have the organizational and administrative capacity to provide services to subscribers and enrollees. The plan shall be able to demonstrate to the department that medical decisions are rendered by qualified medical providers, unhindered by fiscal and administrative management.
(h)Copy CA Health & Safety Code § 1367(h)
(1)Copy CA Health & Safety Code § 1367(h)(1) Contracts with subscribers and enrollees, including group contracts, and contracts with providers, and other persons furnishing services, equipment, or facilities to or in connection with the plan, shall be fair, reasonable, and consistent with the objectives of this chapter. All contracts with providers shall contain provisions requiring a fast, fair, and cost-effective dispute resolution mechanism under which providers may submit disputes to the plan, and requiring the plan to inform its providers upon contracting with the plan, or upon change to these provisions, of the procedures for processing and resolving disputes, including the location and telephone number where information regarding disputes may be submitted.
(2)CA Health & Safety Code § 1367(h)(2) A health care service plan shall ensure that a dispute resolution mechanism is accessible to noncontracting providers for the purpose of resolving billing and claims disputes.
(3)CA Health & Safety Code § 1367(h)(3) On and after January 1, 2002, a health care service plan shall annually submit a report to the department regarding its dispute resolution mechanism. The report shall include information on the number of providers who utilized the dispute resolution mechanism and a summary of the disposition of those disputes.
(i)CA Health & Safety Code § 1367(i) A health care service plan contract shall provide to subscribers and enrollees all of the basic health care services included in subdivision (b) of Section 1345, except that the director may, for good cause, by rule or order exempt a plan contract or any class of plan contracts from that requirement. The director shall by rule define the scope of each basic health care service that health care service plans are required to provide as a minimum for licensure under this chapter. Nothing in this chapter shall prohibit a health care service plan from charging subscribers or enrollees a copayment or a deductible for a basic health care service consistent with Section 1367.006 or 1367.007, provided that the copayments, deductibles, or other cost sharing are reported to the director and set forth to the subscriber or enrollee pursuant to the disclosure provisions of Section 1363. Nothing in this chapter shall prohibit a health care service plan from setting forth, by contract, limitations on maximum coverage of basic health care services, provided that the limitations are reported to, and held unobjectionable by, the director and set forth to the subscriber or enrollee pursuant to the disclosure provisions of Section 1363.
(j)CA Health & Safety Code § 1367(j) A health care service plan shall not require registration under the federal Controlled Substances Act (21 U.S.C. Sec. 801 et seq.) as a condition for participation by an optometrist certified to use therapeutic pharmaceutical agents pursuant to Section 3041.3 of the Business and Professions Code.
Nothing in this section shall be construed to permit the director to establish the rates charged subscribers and enrollees for contractual health care services.
The director’s enforcement of Article 3.1 (commencing with Section 1357) shall not be deemed to establish the rates charged subscribers and enrollees for contractual health care services.
The obligation of the plan to comply with this chapter shall not be waived when the plan delegates any services that it is required to perform to its medical groups, independent practice associations, or other contracting entities.

Section § 1367.001

Explanation

This law states that health insurance plans can't set limits on how much they will pay for covered benefits in a person's lifetime or each year. However, they can set limits on specific benefits that aren't considered essential health benefits, as long as it's allowed by state law. This rule doesn't apply to certain programs like Medi-Cal or specialized plans that don't cover essential benefits or Medicare supplement policies.

(a)CA Health & Safety Code § 1367.001(a) An individual or group health care service plan contract shall not establish either of the following:
(1)CA Health & Safety Code § 1367.001(a)(1) Lifetime limits on the dollar value of any covered benefits for an enrollee, whether provided in network or out of network.
(2)CA Health & Safety Code § 1367.001(a)(2) Annual limits on the dollar value of any covered benefits for an enrollee, whether provided in network or out of network.
(b)CA Health & Safety Code § 1367.001(b) Subdivision (a) does not prevent a group health care service plan contract from placing annual or lifetime per-enrollee limits on specific covered benefits that are not essential health benefits, as defined under Section 1367.005, to the extent that those limits are otherwise permitted under state law.
(c)CA Health & Safety Code § 1367.001(c) This section does not apply to a health care service plan contract or insurance policy issued, sold, renewed, or offered for health care services or coverage provided in the Medi-Cal program (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code), the Medi-Cal Access Program (Chapter 2 (commencing with Section 15810) of Part 3.3 of Division 9 of the Welfare and Institutions Code), or the California Major Risk Medical Insurance Program (Chapter 4 (commencing with Section 15870) of Part 3.3 of Division 9 of the Welfare and Institutions Code).
(d)CA Health & Safety Code § 1367.001(d) This section does not apply to a specialized health care service plan that does not cover an essential health benefit, as defined under Section 1367.005, or a Medicare supplement policy.

Section § 1367.01

Explanation

This law outlines the rules for health care service plans and their partners when reviewing and deciding on medical service requests based on necessity. Plans must have clear policies for approving, modifying, or denying these requests and must communicate decisions within specified timeframes, especially in urgent cases. Only licensed physicians or qualified health professionals can make decisions regarding medical necessity. The policies and criteria used must be clinically sound and transparent. Plans utilizing AI or software tools for these purposes must adhere to specific requirements, ensuring these tools enhance rather than replace professional judgment. This includes being non-discriminatory, compliant with privacy laws, and regularly reviewed for accuracy. These rules also integrate requirements for ensuring adequate communication and response times in critical health situations.

(a)CA Health & Safety Code § 1367.01(a) A health care service plan and any entity with which it contracts for services that include utilization review or utilization management functions, that prospectively, retrospectively, or concurrently reviews and approves, modifies, delays, or denies, based in whole or in part on medical necessity, requests by providers prior to, retrospectively, or concurrent with the provision of health care services to enrollees, or that delegates these functions to medical groups or independent practice associations or to other contracting providers, shall comply with this section.
(b)CA Health & Safety Code § 1367.01(b) A health care service plan that is subject to this section shall have written policies and procedures establishing the process by which the plan prospectively, retrospectively, or concurrently reviews and approves, modifies, delays, or denies, based in whole or in part on medical necessity, requests by providers of health care services for plan enrollees. These policies and procedures shall ensure that decisions based on the medical necessity of proposed health care services are consistent with criteria or guidelines that are supported by clinical principles and processes. These criteria and guidelines shall be developed pursuant to Section 1363.5. These policies and procedures, and a description of the process by which the plan reviews and approves, modifies, delays, or denies requests by providers prior to, retrospectively, or concurrent with the provision of health care services to enrollees, shall be filed with the director for review and approval, and shall be disclosed by the plan to providers and enrollees upon request, and by the plan to the public upon request.
(c)CA Health & Safety Code § 1367.01(c) A health care service plan subject to this section, except a plan that meets the requirements of Section 1351.2, shall employ or designate a medical director who holds an unrestricted license to practice medicine in this state issued pursuant to Section 2050 of the Business and Professions Code or pursuant to the Osteopathic Act, or, if the plan is a specialized health care service plan, a clinical director with California licensure in a clinical area appropriate to the type of care provided by the specialized health care service plan. The medical director or clinical director shall ensure that the process by which the plan reviews and approves, modifies, or denies, based in whole or in part on medical necessity, requests by providers prior to, retrospectively, or concurrent with the provision of health care services to enrollees, complies with the requirements of this section.
(d)CA Health & Safety Code § 1367.01(d) If health plan personnel, or individuals under contract to the plan to review requests by providers, approve the provider’s request, pursuant to subdivision (b), the decision shall be communicated to the provider pursuant to subdivision (h).
(e)CA Health & Safety Code § 1367.01(e) No individual, other than a licensed physician or a licensed health care professional who is competent to evaluate the specific clinical issues involved in the health care services requested by the provider, may deny or modify requests for authorization of health care services for an enrollee for reasons of medical necessity. The decision of the physician or other health care professional shall be communicated to the provider and the enrollee pursuant to subdivision (h).
(f)CA Health & Safety Code § 1367.01(f) The criteria or guidelines used by the health care service plan to determine whether to approve, modify, or deny requests by providers prior to, retrospectively, or concurrent with, the provision of health care services to enrollees shall be consistent with clinical principles and processes. These criteria and guidelines shall be developed pursuant to the requirements of Section 1363.5.
(g)CA Health & Safety Code § 1367.01(g) If the health care service plan requests medical information from providers in order to determine whether to approve, modify, or deny requests for authorization, the plan shall request only the information reasonably necessary to make the determination.
(h)CA Health & Safety Code § 1367.01(h) In determining whether to approve, modify, or deny requests by providers prior to, retrospectively, or concurrent with the provision of health care services to enrollees, based in whole or in part on medical necessity, a health care service plan subject to this section shall meet the following requirements:
(1)CA Health & Safety Code § 1367.01(h)(1) Decisions to approve, modify, or deny, based on medical necessity, requests by providers prior to, or concurrent with the provision of health care services to enrollees that do not meet the requirements for the time period for review required by paragraph (2), shall be made in a timely fashion appropriate for the nature of the enrollee’s condition, not to exceed five business days from the plan’s receipt of the information reasonably necessary and requested by the plan to make the determination. In cases where the review is retrospective, the decision shall be communicated to the individual who received services, or to the individual’s designee, within 30 days of the receipt of information that is reasonably necessary to make this determination, and shall be communicated to the provider in a manner that is consistent with current law. For purposes of this section, retrospective reviews shall be for care rendered on or after January 1, 2000.
(2)CA Health & Safety Code § 1367.01(h)(2) When the enrollee’s condition is such that the enrollee faces an imminent and serious threat to the enrollee’s health, including, but not limited to, the potential loss of life, limb, or other major bodily function, or the normal timeframe for the decisionmaking process, as described in paragraph (1), would be detrimental to the enrollee’s life or health or could jeopardize the enrollee’s ability to regain maximum function, decisions to approve, modify, or deny requests by providers prior to, or concurrent with, the provision of health care services to enrollees, shall be made in a timely fashion appropriate for the nature of the enrollee’s condition, not to exceed 72 hours or, if shorter, the period of time required under Section 2719 of the federal Public Health Service Act (42 U.S.C. Sec. 300gg-19) and any subsequent rules or regulations issued thereunder, after the plan’s receipt of the information reasonably necessary and requested by the plan to make the determination. Nothing in this section shall be construed to alter the requirements of subdivision (b) of Section 1371.4. Notwithstanding Section 1371.4, the requirements of this division shall be applicable to all health plans and other entities conducting utilization review or utilization management.
(3)CA Health & Safety Code § 1367.01(h)(3) Decisions to approve, modify, or deny requests by providers for authorization prior to, or concurrent with, the provision of health care services to enrollees shall be communicated to the requesting provider within 24 hours of the decision. Except for concurrent review decisions pertaining to care that is underway, which shall be communicated to the enrollee’s treating provider within 24 hours, decisions resulting in denial, delay, or modification of all or part of the requested health care service shall be communicated to the enrollee in writing within two business days of the decision. In the case of concurrent review, care shall not be discontinued until the enrollee’s treating provider has been notified of the plan’s decision and a care plan has been agreed upon by the treating provider that is appropriate for the medical needs of that patient.
(4)CA Health & Safety Code § 1367.01(h)(4) Communications regarding decisions to approve requests by providers prior to, retrospectively, or concurrent with the provision of health care services to enrollees shall specify the specific health care service approved. Responses regarding decisions to deny, delay, or modify health care services requested by providers prior to, retrospectively, or concurrent with the provision of health care services to enrollees shall be communicated to the enrollee in writing, and to providers initially by telephone or facsimile, except with regard to decisions rendered retrospectively, and then in writing, and shall include a clear and concise explanation of the reasons for the plan’s decision, a description of the criteria or guidelines used, and the clinical reasons for the decisions regarding medical necessity. Any written communication to a physician or other health care provider of a denial, delay, or modification of a request shall include the name and telephone number of the health care professional responsible for the denial, delay, or modification. The telephone number provided shall be a direct number or an extension, to allow the physician or health care provider easily to contact the professional responsible for the denial, delay, or modification. Responses shall also include information as to how the enrollee may file a grievance with the plan pursuant to Section 1368, and in the case of Medi-Cal enrollees, shall explain how to request an administrative hearing and aid paid pending under Sections 51014.1 and 51014.2 of Title 22 of the California Code of Regulations.
(5)CA Health & Safety Code § 1367.01(h)(5) If the health care service plan cannot make a decision to approve, modify, or deny the request for authorization within the timeframes specified in paragraph (1) or (2) because the plan is not in receipt of all of the information reasonably necessary and requested, or because the plan requires consultation by an expert reviewer, or because the plan has asked that an additional examination or test be performed upon the enrollee, provided the examination or test is reasonable and consistent with good medical practice, the plan shall, immediately upon the expiration of the timeframe specified in paragraph (1) or (2) or as soon as the plan becomes aware that it will not meet the timeframe, whichever occurs first, notify the provider and the enrollee, in writing, that the plan cannot make a decision to approve, modify, or deny the request for authorization within the required timeframe, and specify the information requested but not received, or the expert reviewer to be consulted, or the additional examinations or tests required. The plan shall also notify the provider and enrollee of the anticipated date on which a decision may be rendered. Upon receipt of all information reasonably necessary and requested by the plan, the plan shall approve, modify, or deny the request for authorization within the timeframes specified in paragraph (1) or (2), whichever applies.
(6)CA Health & Safety Code § 1367.01(h)(6) If the director determines that a health care service plan has failed to meet any of the timeframes in this section, or has failed to meet any other requirement of this section, the director may assess, by order, administrative penalties for each failure. A proceeding for the issuance of an order assessing administrative penalties shall be subject to appropriate notice to, and an opportunity for a hearing with regard to, the person affected, in accordance with subdivision (a) of Section 1397. The administrative penalties shall not be deemed an exclusive remedy for the director. These penalties shall be paid to the Managed Care Administrative Fines and Penalties Fund and shall be used for the purposes specified in Section 1341.45.
(i)CA Health & Safety Code § 1367.01(i) A health care service plan subject to this section shall maintain telephone access for providers to request authorization for health care services.
(j)CA Health & Safety Code § 1367.01(j) A health care service plan subject to this section that reviews requests by providers prior to, retrospectively, or concurrent with, the provision of health care services to enrollees shall establish, as part of the quality assurance program required by Section 1370, a process by which the plan’s compliance with this section is assessed and evaluated. The process shall include provisions for evaluation of complaints, assessment of trends, implementation of actions to correct identified problems, mechanisms to communicate actions and results to the appropriate health plan employees and contracting providers, and provisions for evaluation of any corrective action plan and measurements of performance.
(k)Copy CA Health & Safety Code § 1367.01(k)
(1)Copy CA Health & Safety Code § 1367.01(k)(1) A health care service plan, including a specialized health care service plan that uses an artificial intelligence, algorithm, or other software tool for the purpose of utilization review or utilization management functions, based in whole or in part on medical necessity, or that contracts with or otherwise works through an entity that uses an artificial intelligence, algorithm, or other software tool for the purpose of utilization review or utilization management functions, based in whole or in part on medical necessity, shall comply with this section and shall ensure all of the following:
(A)CA Health & Safety Code § 1367.01(k)(1)(A) The artificial intelligence, algorithm, or other software tool bases its determination on the following information, as applicable:
(i)CA Health & Safety Code § 1367.01(k)(1)(A)(i) An enrollee’s medical or other clinical history.
(ii)CA Health & Safety Code § 1367.01(k)(1)(A)(ii) Individual clinical circumstances as presented by the requesting provider.
(iii)CA Health & Safety Code § 1367.01(k)(1)(A)(iii) Other relevant clinical information contained in the enrollee’s medical or other clinical record.
(B)CA Health & Safety Code § 1367.01(k)(1)(B) The artificial intelligence, algorithm, or other software tool does not base its determination solely on a group dataset.
(C)CA Health & Safety Code § 1367.01(k)(1)(C) The artificial intelligence, algorithm, or other software tool’s criteria and guidelines complies with this chapter, including, but not limited to, Section 1363.5 and applicable state and federal law.
(D)CA Health & Safety Code § 1367.01(k)(1)(D) The artificial intelligence, algorithm, or other software tool does not supplant health care provider decisionmaking.
(E)CA Health & Safety Code § 1367.01(k)(1)(E) The use of the artificial intelligence, algorithm, or other software tool does not discriminate, directly or indirectly, against enrollees in violation of state or federal law.
(F)CA Health & Safety Code § 1367.01(k)(1)(F) The artificial intelligence, algorithm, or other software tool is fairly and equitably applied, including in accordance with any applicable regulations and guidance issued by the federal Department of Health and Human Services.
(G)CA Health & Safety Code § 1367.01(k)(1)(G) The artificial intelligence, algorithm, or other software tool is open to inspection for audit or compliance reviews by the department pursuant to Section 1381 and by the State Department of Health Care Services pursuant to applicable state and federal law.
(H)CA Health & Safety Code § 1367.01(k)(1)(H) Disclosures pertaining to the use and oversight of the artificial intelligence, algorithm, or other software tool are contained in the written policies and procedures, as required by subdivision (b).
(I)CA Health & Safety Code § 1367.01(k)(1)(I) The artificial intelligence, algorithm, or other software tool’s performance, use, and outcomes are periodically reviewed and revised to maximize accuracy and reliability.
(J)CA Health & Safety Code § 1367.01(k)(1)(J) Patient data is not used beyond its intended and stated purpose, consistent with the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code) and the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191), as applicable.
(K)CA Health & Safety Code § 1367.01(k)(1)(K) The artificial intelligence, algorithm, or other software tool does not directly or indirectly cause harm to the enrollee.
(2)CA Health & Safety Code § 1367.01(k)(2) Notwithstanding paragraph (1), the artificial intelligence, algorithm, or other software tool shall not deny, delay, or modify health care services based, in whole or in part, on medical necessity. A determination of medical necessity shall be made only by a licensed physician or a licensed health care professional competent to evaluate the specific clinical issues involved in the health care services requested by the provider, as provided in subdivision (e), by reviewing and considering the requesting provider’s recommendation, the enrollee’s medical or other clinical history, as applicable, and individual clinical circumstances.
(3)CA Health & Safety Code § 1367.01(k)(3) For purposes of this subdivision, “artificial intelligence” means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.
(4)CA Health & Safety Code § 1367.01(k)(4) This subdivision shall apply to utilization review or utilization management functions that prospectively, retrospectively, or concurrently review requests for covered health care services.
(5)CA Health & Safety Code § 1367.01(k)(5) A health care service plan subject to this subdivision shall comply with applicable federal rules and guidance issued by the federal Department of Health and Human Services regarding the use of artificial intelligence, algorithm, or other software tools. The department and the State Department of Health Care Services may issue guidance to implement this paragraph within one year of the adoption of federal rules or the issuance of guidance by the federal Department of Health and Human Services regarding the use of artificial intelligence, algorithm, or other software tools. Such guidance shall not be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(6)CA Health & Safety Code § 1367.01(k)(6) For purposes of implementing this subdivision, the department and the State Department of Health Care Services may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis. Contracts entered into or amended pursuant to this subdivision shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and shall be exempt from the review or approval of any division of the Department of General Services.
(7)CA Health & Safety Code § 1367.01(k)(7) This subdivision applies to a Medi-Cal managed care plan only to the extent that the State Department of Health Care Services obtains any necessary federal approvals, and federal financial participation is not otherwise jeopardized.
(l)CA Health & Safety Code § 1367.01(l) The director shall review a health care service plan’s compliance with this section as part of its periodic onsite medical survey of each plan undertaken pursuant to Section 1380, and shall include a discussion of compliance with this section as part of its report issued pursuant to that section.
(m)CA Health & Safety Code § 1367.01(m) This section shall not apply to decisions made for the care or treatment of the sick who depend upon prayer or spiritual means for healing in the practice of religion as set forth in subdivision (a) of Section 1270.
(n)CA Health & Safety Code § 1367.01(n) Nothing in this section shall cause a health care service plan to be defined as a health care provider for purposes of any provision of law, including, but not limited to, Section 6146 of the Business and Professions Code, Sections 3333.1 and 3333.2 of the Civil Code, and Sections 340.5, 364, 425.13, 667.7, and 1295 of the Code of Civil Procedure.

Section § 1367.1

Explanation

This law states that certain rules in another law (Subdivision (i) of Section 1367) are applicable to health insurance plans that are temporarily licensed, but only for contracts that started, changed, were delivered, or renewed in California on or after October 1, 1977.

Subdivision (i) of Section 1367 shall apply to transitionally licensed plans only insofar as it relates to contracts entered into, amended, delivered, or renewed in this state on or after October 1, 1977.

Section § 1367.002

Explanation

This law ensures that certain health care plans in California provide essential preventive care services without extra costs to the patient. It mandates that from January 1, 2025, plans cover various preventive items and services that are recommended by specific health authorities like the United States Preventive Services Task Force and the CDC, without imposing additional cost-sharing fees, such as co-pays or deductibles.

The services covered include evidence-based screenings, immunizations, and preventive care tailored for infants, children, adolescents, and women. Even if the recommendations change during the plan year, coverage must continue. However, if a service is deemed unsafe or recalled, coverage does not have to continue.

This law does not stop plans from offering additional preventive services, and it requires coordination with the Department of Insurance to implement regulations. It also specifies that the requirements do not apply to plans that do not cover essential health benefits or conflict with federal guidelines for health savings accounts.

(a)CA Health & Safety Code § 1367.002(a) A group or individual nongrandfathered health care service plan contract shall, at a minimum, provide coverage for and shall not impose any cost-sharing requirements for any of the following:
(1)CA Health & Safety Code § 1367.002(a)(1) Evidence-based items or services that had in effect on January 1, 2025, a rating of “A” or “B” in the recommendations of the United States Preventive Services Task Force or any modification or supplement to that recommendation adopted pursuant to Section 120164.
(2)CA Health & Safety Code § 1367.002(a)(2) Immunizations that had in effect on January 1, 2025, a recommendation from the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention or any modification or supplement to that recommendation adopted pursuant to Section 120164 with respect to the individual involved.
(3)CA Health & Safety Code § 1367.002(a)(3) With respect to infants, children, and adolescents, evidence-informed preventive care and screenings provided in the comprehensive guidelines, as periodically updated, supported by the United States Health Resources and Services Administration, as of January 1, 2025, or any modification or supplement to that recommendation adopted pursuant to Section 120164.
(4)CA Health & Safety Code § 1367.002(a)(4) With respect to women, those additional preventive care and screenings not described in paragraph (1) as provided for in comprehensive guidelines supported by the United States Health Resources and Services Administration as of January 1, 2025, or any modification or supplement to that recommendation adopted pursuant to Section 120164.
(5)CA Health & Safety Code § 1367.002(a)(5) For the purposes of this section:
(A)CA Health & Safety Code § 1367.002(a)(5)(A) The recommendations of the United States Preventive Services Task Force as of January 1, 2025, or any modification or supplement to that recommendation adopted pursuant to Section 120164, regarding breast cancer screening, mammography, and prevention shall be considered the most current other than those issued in or around November 2009.
(B)CA Health & Safety Code § 1367.002(a)(5)(B) A health care service plan contract issued, amended, or renewed on or after January 1, 2025, shall not impose any cost-sharing requirements for any items or services that are integral to the provision of an item or service that is required by this section, regardless of whether or not the integral item or service is billed separately from an item or service that is required by this section.
(6)CA Health & Safety Code § 1367.002(a)(6) For the purposes of this section, a health care service plan contract shall not impose cost sharing for office visits associated with the preventive care services described in this section if the preventive care service is not billed separately, or is not tracked as an individual encounter separately, from the office visit and the primary purpose of the office visit is the delivery of the preventive care service.
(b)CA Health & Safety Code § 1367.002(b) This section does not prohibit a health care service plan contract from providing coverage for preventive items or services in addition to those required by subdivision (a).
(c)CA Health & Safety Code § 1367.002(c) A health care service plan shall provide coverage pursuant to subdivision (a) for plan years that begin on or after the date that is one year after the date the recommendation or guideline is issued.
(1)CA Health & Safety Code § 1367.002(c)(1) A health care service plan that is required to provide coverage for any items and services specified in a recommendation or guideline described in subdivision (a) on the first day of a plan year shall provide coverage through the last day of the plan year, even if the recommendation or guideline changes or is no longer described in subdivision (a) during the plan year.
(2)CA Health & Safety Code § 1367.002(c)(2) Notwithstanding paragraph (1) and consistent with the authority granted to the State Department of Public Health pursuant to Section 120164, if any item or service associated with any recommendation or guideline specified in subdivision (a) is subject to a safety recall or is otherwise determined to pose a significant safety concern by a federal agency authorized to regulate the item or service during a plan year, a health care service plan is not required to cover the item or service through the last day of the plan year.
(d)CA Health & Safety Code § 1367.002(d) A health care service plan contract issued, amended, or renewed on or after January 1, 2025, shall cover items and services pursuant to this section in accordance with any applicable requirement of this chapter, including, but not limited to, Section 1342.74 on prophylaxis of HIV infection, Section 1367.34 as added by Section 3 of Chapter 486 of the Statutes of 2021 on home test kits for sexually transmitted diseases, Section 1367.66 on cervical cancer screening, and Section 1367.668 on colorectal cancer screening.
(e)CA Health & Safety Code § 1367.002(e) This section does not apply to a specialized health care service plan that does not cover an essential health benefit, as defined in Section 1367.005. This section shall only apply to a health savings account-eligible health care service plan to the extent it does not fail to be treated as a high deductible health plan under Section 223 of Title 26 of the United States Code.
(f)CA Health & Safety Code § 1367.002(f) The department shall coordinate with the Department of Insurance if it adopts regulations to implement this section.

Section § 1367.02

Explanation

This law requires health care service plans to provide detailed descriptions of their economic profiling policies to the state's health department by July 1, 1999. Economic profiling is when a doctor or medical group's economic factors, like costs or use of services, are evaluated. These descriptions must show how these profiles are used to decide on things like utilization review or provider penalties, and ensure they're fair by considering factors like patient age and illness severity. Changes to these profiles need to be filed too. The department makes these filings public unless they contain confidential information. Also, plans must share profiling data with the profiled doctors or groups upon request, until 60 days after their contract ends.

(a)CA Health & Safety Code § 1367.02(a) On or before July 1, 1999, for purposes of public disclosure, every health care service plan shall file with the department a description of any policies and procedures related to economic profiling utilized by the plan and its medical groups and individual practice associations. The filing shall describe how these policies and procedures are used in utilization review, peer review, incentive and penalty programs, and in provider retention and termination decisions. The filing shall also indicate in what manner, if any, the economic profiling system being used takes into consideration risk adjustments that reflect case mix, type and severity of patient illness, age of patients, and other enrollee characteristics that may account for higher or lower than expected costs or utilization of services. The filing shall also indicate how the economic profiling activities avoid being in conflict with subdivision (g) of Section 1367, which requires each plan to demonstrate that medical decisions are rendered by qualified medical providers, unhindered by fiscal and administrative management. Any changes to the policies and procedures shall be filed with the director pursuant to Section 1352. Nothing in this section shall be construed to restrict or impair the department, in its discretion, from utilizing the information filed pursuant to this section for purposes of ensuring compliance with this chapter.
(b)CA Health & Safety Code § 1367.02(b) The director shall make each plan’s filing available to the public upon request. The director shall not publicly disclose any information submitted pursuant to this section that is determined by the director to be confidential pursuant to state law.
(c)CA Health & Safety Code § 1367.02(c) Each plan that uses economic profiling shall, upon request, provide a copy of economic profiling information related to an individual provider, contracting medical group, or individual practice association to the profiled individual, group, or association. In addition, each plan shall require as a condition of contract that its medical groups and individual practice associations that maintain economic profiles of individual providers shall, upon request, provide a copy of individual economic profiling information to the individual providers who are profiled. The economic profiling information provided pursuant to this section shall be provided upon request until 60 days after the date upon which the contract between the plan and the individual provider, medical group, or individual practice association terminates, or until 60 days after the date the contract between the medical group or individual practice association and the individual provider terminates, whichever is applicable.
(d)CA Health & Safety Code § 1367.02(d) For the purposes of this article, “economic profiling” shall mean any evaluation of a particular physician, provider, medical group, or individual practice association based in whole or in part on the economic costs or utilization of services associated with medical care provided or authorized by the physician, provider, medical group, or individual practice association.

Section § 1367.2

Explanation

This law requires that starting January 1, 1990, every group health care plan that covers hospital, medical, or surgical expenses must offer coverage for alcoholism treatment. This offer must be communicated to all current and potential group subscribers.

If the group agrees, coverage can also extend to treatment for chemical dependency or nicotine use. Treatment must be provided in licensed facilities.

(a)CA Health & Safety Code § 1367.2(a)  On and after January 1, 1990, every health care service plan that covers hospital, medical, or surgical expenses on a group basis shall offer coverage for the treatment of alcoholism under such terms and conditions as may be agreed upon between the group subscriber and the health care service plan. Every plan shall communicate the availability of such coverage to all group subscribers and to all prospective group subscribers with whom they are negotiating.
(b)CA Health & Safety Code § 1367.2(b)  If the group subscriber or policyholder agrees to such coverage or to coverage for treatment of chemical dependency, or nicotine use, the treatment may take place in facilities licensed to provide alcoholism or chemical dependency services under Chapter 2 (commencing with Section 1250) of Division 2.

Section § 1367.003

Explanation

This law requires health care service plans (excluding those offering only dental or vision services) to provide rebates if they don't spend enough of their premium revenue on clinical services and improving health care quality. Specifically, plans in the large group market have to spend at least 85% of revenue, while small group or individual markets must spend at least 80%. If these percentages aren't met, enrollees get a rebate by September 30 of the next year. The law also aligns with federal rules for medical loss ratio standards, but it doesn't apply to Medi-Cal services or affect certain financial regulations.

(a)CA Health & Safety Code § 1367.003(a) A health care service plan that issues, sells, renews, or offers health care service plan contracts for health care coverage in this state, including a grandfathered health plan, but not including specialized health care service plan contracts that provide only dental or vision services, shall provide an annual rebate to each enrollee under that coverage, on a pro rata basis, if the ratio of the amount of premium revenue expended by the health care service plan on the costs for reimbursement for clinical services provided to enrollees under that coverage and for activities that improve health care quality to the total amount of premium revenue, excluding federal and state taxes and licensing or regulatory fees and after accounting for payments or receipts for risk adjustment, risk corridors, and reinsurance, is less than the following:
(1)CA Health & Safety Code § 1367.003(a)(1) With respect to a health care service plan offering coverage in the large group market, 85 percent.
(2)CA Health & Safety Code § 1367.003(a)(2) With respect to a health care service plan offering coverage in the small group market or in the individual market, 80 percent.
(b)CA Health & Safety Code § 1367.003(b) A health care service plan that issues, sells, renews, or offers health care service plan contracts for health care coverage in this state, including a grandfathered health plan, shall comply with the following minimum medical loss ratios:
(1)CA Health & Safety Code § 1367.003(b)(1) With respect to a health care service plan offering coverage in the large group market, 85 percent.
(2)CA Health & Safety Code § 1367.003(b)(2) With respect to a health care service plan offering coverage in the small group market or in the individual market, 80 percent.
(c)Copy CA Health & Safety Code § 1367.003(c)
(1)Copy CA Health & Safety Code § 1367.003(c)(1) The total amount of an annual rebate required under this section shall be calculated in an amount equal to the product of the following:
(A)CA Health & Safety Code § 1367.003(c)(1)(A) The amount by which the percentage described in paragraph (1) or (2) of subdivision (a) exceeds the ratio described in paragraph (1) or (2) of subdivision (a).
(B)CA Health & Safety Code § 1367.003(c)(1)(B) The total amount of premium revenue, excluding federal and state taxes and licensing or regulatory fees and after accounting for payments or receipts for risk adjustment, risk corridors, and reinsurance.
(2)CA Health & Safety Code § 1367.003(c)(2) A health care service plan shall provide a rebate owing to an enrollee no later than September 30 of the calendar year following the year for which the ratio described in subdivision (a) was calculated.
(d)CA Health & Safety Code § 1367.003(d) The director may adopt regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) that are necessary to implement the medical loss ratio as described under Section 2718 of the federal Public Health Service Act (42 U.S.C. Sec. 300gg-18), and any federal rules or regulations issued under that section.
(e)CA Health & Safety Code § 1367.003(e) The requirements of this section shall be implemented as described in Section 2791 of the federal Public Health Service Act (42 U.S.C. Sec. 300gg-91) and the requirements of Section 2718 of the federal Public Health Service Act (42 U.S.C. Sec. 300gg-18) and any rules or regulations issued under those sections as in effect on January 1, 2017.
(f)CA Health & Safety Code § 1367.003(f) This section does not apply to provisions of this chapter pertaining to financial statements, assets, liabilities, and other accounting items to which subdivision (s) of Section 1345 applies.
(g)CA Health & Safety Code § 1367.003(g) This section does not apply to a health care service plan contract or insurance policy issued, sold, renewed, or offered for health care services or coverage provided in the Medi-Cal program (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code).

Section § 1367.03

Explanation

This law mandates health care service plans in California to ensure timely access to medical care for their enrollees. It specifies time frames for different types of appointments, such as urgent care, non-urgent primary care, and specialist visits, ensuring they happen within a reasonable period. The law requires health care plans to maintain sufficient provider networks and implement processes to ensure prompt service. It also includes interpreter services at appointments, telephone triage or screening services available 24/7, and the management of plan customer service wait times.

The law enforces these provisions with penalties for noncompliance, and requires plans to report on their compliance. It encourages plans to provide access to care even when certain providers are unavailable or outside the network. The law includes standards specific to dental, vision, chiropractic, and acupuncture plans, and it applies to services for Medi-Cal beneficiaries as well. It emphasizes transparency by having plans report their performance and the department to publicly disclose compliance information.

(a)CA Health & Safety Code § 1367.03(a) A health care service plan that provides or arranges for the provision of hospital or physician services, including a specialized mental health plan that provides physician or hospital services, or that provides mental health services pursuant to a contract with a full service plan, shall comply with the following timely access requirements:
(1)CA Health & Safety Code § 1367.03(a)(1) A health care service plan shall provide or arrange for the provision of covered health care services in a timely manner appropriate for the nature of the enrollee’s condition consistent with good professional practice. A plan shall establish and maintain networks, policies, procedures, and quality assurance monitoring systems and processes sufficient to ensure compliance with this clinical appropriateness standard. A health care service plan that uses a tiered network shall demonstrate compliance with the standards established by this section based on providers available at the lowest cost-sharing tier.
(2)CA Health & Safety Code § 1367.03(a)(2) A health care service plan shall ensure that all plan and provider processes necessary to obtain covered health care services, including, but not limited to, prior authorization processes, are completed in a manner that assures the provision of covered health care services to an enrollee in a timely manner appropriate for the enrollee’s condition and in compliance with this section.
(3)CA Health & Safety Code § 1367.03(a)(3) If it is necessary for a provider or an enrollee to reschedule an appointment, the appointment shall be promptly rescheduled in a manner that is appropriate for the enrollee’s health care needs, and ensures continuity of care consistent with good professional practice, and consistent with this section and the regulations adopted thereunder.
(4)CA Health & Safety Code § 1367.03(a)(4) Interpreter services required by Section 1367.04 of this code and Section 1300.67.04 of Title 28 of the California Code of Regulations shall be coordinated with scheduled appointments for health care services in a manner that ensures the provision of interpreter services at the time of the appointment without imposing delay on the scheduling of the appointment. This subdivision does not modify the requirements established in Section 1300.67.04 of Title 28 of the California Code of Regulations, or approved by the department pursuant to Section 1300.67.04 of Title 28 of the California Code of Regulations for a plan’s language assistance program.
(5)CA Health & Safety Code § 1367.03(a)(5) In addition to ensuring compliance with the clinical appropriateness standard set forth in paragraph (1), a health care service plan shall ensure that its network has adequate capacity and availability of licensed health care providers to offer enrollees appointments that meet the following timeframes:
(A)CA Health & Safety Code § 1367.03(a)(5)(A) Urgent care appointments for services that do not require prior authorization: within 48 hours of the request for appointment, except as provided in subparagraph (H).
(B)CA Health & Safety Code § 1367.03(a)(5)(B) Urgent care appointments for services that require prior authorization: within 96 hours of the request for appointment, except as provided in subparagraph (H).
(C)CA Health & Safety Code § 1367.03(a)(5)(C) Nonurgent appointments for primary care: within 10 business days of the request for appointment, except as provided in subparagraphs (H) and (I).
(D)CA Health & Safety Code § 1367.03(a)(5)(D) Nonurgent appointments with specialist physicians: within 15 business days of the request for appointment, except as provided in subparagraphs (H) and (I).
(E)CA Health & Safety Code § 1367.03(a)(5)(E) Nonurgent appointments with a nonphysician mental health care or substance use disorder provider: within 10 business days of the request for appointment, except as provided in subparagraphs (H) and (I).
(F)CA Health & Safety Code § 1367.03(a)(5)(F) Commencing July 1, 2022, nonurgent followup appointments with a nonphysician mental health care or substance use disorder provider: within 10 business days of the prior appointment for those undergoing a course of treatment for an ongoing mental health or substance use disorder condition, except as provided in subparagraph (H). This subparagraph does not limit coverage for nonurgent followup appointments with a nonphysician mental health care or substance use disorder provider to once every 10 business days.
(G)CA Health & Safety Code § 1367.03(a)(5)(G) Nonurgent appointments for ancillary services for the diagnosis or treatment of injury, illness, or other health condition: within 15 business days of the request for appointment, except as provided in subparagraphs (H) and (I).
(H)CA Health & Safety Code § 1367.03(a)(5)(H) The applicable waiting time for a particular appointment may be extended if the referring or treating licensed health care provider, or the health professional providing triage or screening services, as applicable, acting within the scope of their practice and consistent with professionally recognized standards of practice, has determined and noted in the relevant record that a longer waiting time will not have a detrimental impact on the health of the enrollee.
(I)CA Health & Safety Code § 1367.03(a)(5)(I) Preventive care services, as defined in subdivision (e), and periodic followup care, including standing referrals to specialists for chronic conditions, periodic office visits to monitor and treat pregnancy, cardiac, mental health, or substance use disorder conditions, and laboratory and radiological monitoring for recurrence of disease, may be scheduled in advance consistent with professionally recognized standards of practice as determined by the treating licensed health care provider acting within the scope of their practice.
(J)CA Health & Safety Code § 1367.03(a)(5)(J) A referral to a specialist by a primary care provider or another specialist shall be subject to the relevant time-elapsed standard in subparagraph (A), (B), or (D), unless the requirements in subparagraph (H) or (I) are met, and shall be subject to the other provisions of this section.
(K)CA Health & Safety Code § 1367.03(a)(5)(K) A plan may demonstrate compliance with the primary care time-elapsed standards established by this subdivision through implementation of standards, processes, and systems providing advanced access to primary care appointments, as defined in subdivision (e).
(6)CA Health & Safety Code § 1367.03(a)(6) In addition to ensuring compliance with the clinical appropriateness standard set forth in paragraph (1), each dental plan, and each full service plan offering coverage for dental services, shall ensure that dental networks have adequate capacity and availability of licensed health care providers to offer enrollees appointments for covered dental services in accordance with the following requirements:
(A)CA Health & Safety Code § 1367.03(a)(6)(A) Urgent appointments within the dental plan network shall be offered within 72 hours of the time of request for appointment, if consistent with the enrollee’s individual needs and as required by professionally recognized standards of dental practice.
(B)CA Health & Safety Code § 1367.03(a)(6)(B) Nonurgent appointments shall be offered within 36 business days of the request for appointment, except as provided in subparagraph (C).
(C)CA Health & Safety Code § 1367.03(a)(6)(C) Preventive dental care appointments shall be offered within 40 business days of the request for appointment.
(7)CA Health & Safety Code § 1367.03(a)(7) A plan shall ensure it has sufficient numbers of network providers to maintain compliance with the standards established by this section.
(A)CA Health & Safety Code § 1367.03(a)(7)(A) This section does not modify the requirements regarding provider-to-enrollee ratio or geographic accessibility established by Section 1300.51, 1300.67.2, or 1300.67.2.1 of Title 28 of the California Code of Regulations.
(B)CA Health & Safety Code § 1367.03(a)(7)(B) A plan operating in a network service area that has a shortage of one or more types of providers shall ensure timely access to covered health care services as required by this section, including applicable time-elapsed standards, by referring an enrollee to, or, in the case of a preferred provider network, by assisting an enrollee to locate available and accessible network providers in neighboring network service areas consistent with patterns of practice for obtaining health care services in a timely manner appropriate for the enrollee’s health needs.
(C)CA Health & Safety Code § 1367.03(a)(7)(C) A plan shall arrange for the provision of covered services from providers outside the plan’s network if unavailable within the network if medically necessary for the enrollee’s condition. A plan shall ensure that enrollee costs for medically necessary referrals to nonnetwork providers shall not exceed applicable in-network copayments, coinsurance, and deductibles. This requirement does not prohibit a plan or its delegated provider group from accommodating an enrollee’s preference to wait for a later appointment from a specific network provider. If medically necessary treatment of a mental health or substance use disorder is not available in network within the geographic and timely access standards set by law or regulation, a health care service plan shall arrange coverage outside the plan’s network in accordance with subdivision (d) of Section 1374.72.
(8)CA Health & Safety Code § 1367.03(a)(8) A plan shall provide or arrange for the provision, 24 hours per day, 7 days per week, of triage or screening services by telephone, as defined in subdivision (e).
(A)CA Health & Safety Code § 1367.03(a)(8)(A) A plan shall ensure that telephone triage or screening services are provided in a timely manner appropriate for the enrollee’s condition, and that the triage or screening waiting time does not exceed 30 minutes.
(B)CA Health & Safety Code § 1367.03(a)(8)(B) A plan may provide or arrange for the provision of telephone triage or screening services through one or more of the following means: plan-operated telephone triage or screening services, telephone medical advice services pursuant to Section 1348.8, the plan’s primary care and mental health care or substance use disorder network, or another method that provides triage or screening services consistent with this section.
(i)CA Health & Safety Code § 1367.03(a)(8)(B)(i) A plan that arranges for the provision of telephone triage or screening services through network primary care, mental health care, and substance use disorder providers shall require those providers to maintain a procedure for triaging or screening enrollee telephone calls, which, at a minimum, shall include the employment, during and after business hours, of a telephone answering machine, an answering service, or office staff, that shall inform the caller of both of the following:
(I)CA Health & Safety Code § 1367.03(a)(8)(B)(i)(I) Regarding the length of wait for a return call from the provider.
(II) How the caller may obtain urgent or emergency care, including, if applicable, how to contact another provider who has agreed to be on call to triage or screen by phone, or if needed, deliver urgent or emergency care.
(ii)CA Health & Safety Code § 1367.03(a)(8)(B)(ii) A plan that arranges for the provision of triage or screening services through network primary care, mental health care, and substance use disorder providers who are unable to meet the time-elapsed standards established in subparagraph (A) shall also provide or arrange for the provision of plan-contracted or operated triage or screening services, which shall, at a minimum, be made available to enrollees affected by that portion of the plan’s network.
(iii)CA Health & Safety Code § 1367.03(a)(8)(B)(iii) An unlicensed staff person handling enrollee calls may ask questions on behalf of a licensed staff person to help ascertain the condition of an insured so that the enrollee may be referred to licensed staff. However, an unlicensed staff person shall not, under any circumstances, use the answers to those questions in an attempt to assess, evaluate, advise, or make a decision regarding the condition of an enrollee or determine when an enrollee needs to be seen by a licensed medical professional.
(9)CA Health & Safety Code § 1367.03(a)(9) Dental, vision, chiropractic, and acupuncture plans shall ensure that network providers employ an answering service or a telephone answering machine during nonbusiness hours, which provide instructions regarding how an enrollee may obtain urgent or emergency care, including, if applicable, how to contact another provider who has agreed to be on call to triage or screen by phone, or if needed, deliver urgent or emergency care.
(10)CA Health & Safety Code § 1367.03(a)(10) A plan shall ensure that, during normal business hours, the waiting time for an enrollee to speak by telephone with a plan customer service representative knowledgeable and competent regarding the enrollee’s questions and concerns shall not exceed 10 minutes.
(b)CA Health & Safety Code § 1367.03(b) With regard to subdivision (a), dental, vision, chiropractic, and acupuncture plans shall comply with paragraphs (1), (3), (4), (7), (9), and (10).
(c)CA Health & Safety Code § 1367.03(c) The obligation of a plan to comply with this section shall not be waived if the plan delegates to its provider groups or other contracting entities any services or activities that the plan is required to perform. A plan’s implementation of this section shall be consistent with the Health Care Providers’ Bill of Rights, and a material change in the obligations of a plan’s network providers shall be considered a material change to the provider contract, within the meaning of subdivision (b) and paragraph (2) of subdivision (h) of Section 1375.7.
(d)CA Health & Safety Code § 1367.03(d) A health care service plan shall incorporate the standards set forth in subdivision (a) into the health plan’s quality assurance systems and the processes set forth in Sections 1367 and 1370 of this code and Title 28 of the California Code of Regulations, including Sections 1300.67.2, 1300.67.2.2, 1300.68, and 1300.70. A plan shall not prevent, discourage, or discipline a network provider or employee for informing an enrollee or subscriber about the timely access standards.
(e)CA Health & Safety Code § 1367.03(e) For purposes of this section:
(1)CA Health & Safety Code § 1367.03(e)(1) “Advanced access” means the provision, by a network provider, or by the provider group to which an enrollee is assigned, of appointments with a primary care physician, or other qualified primary care provider such as a nurse practitioner or physician’s assistant, within the same or next business day from the time an appointment is requested, and advance scheduling of appointments at a later date if the enrollee prefers not to accept the appointment offered within the same or the next business day.
(2)CA Health & Safety Code § 1367.03(e)(2) “Appointment waiting time” means the time from the initial request for health care services by an enrollee or the enrollee’s treating provider to the earliest date offered for the appointment for services inclusive of time for obtaining authorization from the plan or completing any other condition or requirement of the plan or its network providers.
(3)CA Health & Safety Code § 1367.03(e)(3) “Preventive care” means health care provided for prevention and early detection of disease, illness, injury, or another health condition and, in the case of a full service plan includes all of the basic health care services required by Sections 1345, 1367.002, 1367.3, and 1367.35 of this code and subdivision (f) of Section 1300.67 of Title 28 of the California Code of Regulations.
(4)CA Health & Safety Code § 1367.03(e)(4) “Provider group” has the meaning set forth in subdivision (g) of Section 1373.65.
(5)CA Health & Safety Code § 1367.03(e)(5) “Triage” or “screening” means the assessment of an enrollee’s health concerns and symptoms via communication with a physician, registered nurse, or other qualified health professional acting within their scope of practice and who is trained to screen or triage an enrollee who may need care for the purpose of determining the urgency of the enrollee’s need for care.
(6)CA Health & Safety Code § 1367.03(e)(6) “Triage or screening waiting time” means the time waiting to speak by telephone with a physician, registered nurse, or other qualified health professional acting within their scope of practice and who is trained to screen or triage an enrollee who may need care.
(7)CA Health & Safety Code § 1367.03(e)(7) “Urgent care” means health care for a condition that requires prompt attention, consistent with paragraph (2) of subdivision (h) of Section 1367.01.
(f)Copy CA Health & Safety Code § 1367.03(f)
(1)Copy CA Health & Safety Code § 1367.03(f)(1) Contracts between health care service plans and health care providers shall ensure compliance with the standards developed under this chapter. These contracts shall require reporting by health care providers to health care service plans and by health care service plans to the department to ensure compliance with the standards.
(2)CA Health & Safety Code § 1367.03(f)(2) Health care service plans shall report annually to the department on compliance with the standards in a manner specified by the department. The reported information shall allow consumers to compare the performance of plans and their network providers in complying with the standards, as well as changes in the compliance of plans with these standards.
(3)CA Health & Safety Code § 1367.03(f)(3) The department shall develop standardized methodologies for reporting that shall be used by health care service plans to demonstrate compliance with this section and any regulations adopted pursuant to it, including demonstration of the average waiting time for each class of appointment regulated under this section, except the department may develop methodologies to demonstrate compliance with, and the average appointment wait time for, each class of appointments regulated under paragraph (6) of subdivision (a). The methodologies shall be sufficient to determine compliance with the standards developed under this section for different networks of providers if a health care service plan uses a different network for Medi-Cal managed care products than for other products or if a health care service plan uses a different network for individual market products than for small group market products. The development and adoption of these methodologies shall not be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) until December 31, 2025. The department shall consult with stakeholders in developing standardized methodologies under this paragraph.
(4)CA Health & Safety Code § 1367.03(f)(4) Notwithstanding paragraph (3), the department may take compliance or disciplinary action, including assessment of administrative penalties, on the basis of noncompliance with any of the provisions of this section, including, but not limited to, timeframes for appointments and followup appointments.
(5)CA Health & Safety Code § 1367.03(f)(5) The department may review and adopt standards, in addition to those specified in this article, concerning the availability of primary care physicians, specialty physicians, hospital care, and other health care, so that consumers have timely access to care. In so doing, the department shall consider the nature of physician practices, including individual and group practices, as well as the nature of the plan network. The department shall also consider various circumstances affecting the delivery of care, including urgent care, care provided on the same day, and requests for specific providers. If the department finds that health care service plans and health care providers have difficulty meeting these standards, the department may make recommendations to the Assembly Committee on Health and the Senate Committee on Health pursuant to subdivision (i). The development and adoption of standards under this paragraph shall not be subject to the Administrative Procedure Act until December 31, 2028. The department shall consult with stakeholders in developing the standards and methodologies described in this section.
(g)Copy CA Health & Safety Code § 1367.03(g)
(1)Copy CA Health & Safety Code § 1367.03(g)(1) The director may investigate and, by order, take enforcement action against plans, including, but not limited to, assessing administrative penalties subject to appropriate notice of, and the opportunity for, a hearing in accordance with Section 1397, regarding noncompliance with the requirements of this section. The director shall consider, as an aggravating factor when assessing administrative penalties, if harm to an enrollee, including financial or health impacts to an enrollee or substantial harm as defined in Section 3428 of the Civil Code, has occurred as a result of plan noncompliance. The director has the discretion to determine what harm constitutes harm to an enrollee. The plan may provide to the director, and the director may consider, information regarding the plan’s overall compliance with the requirements of this section. When taking enforcement action against a plan, the director may consider patterns of noncompliance. The administrative penalties shall not be deemed an exclusive remedy available to the director. These penalties shall be paid to the Managed Care Administrative Fines and Penalties Fund and shall be used for the purposes specified in Section 1341.45. The director shall periodically evaluate grievances to determine if any audit, investigative, or enforcement actions should be undertaken by the department.
(2)CA Health & Safety Code § 1367.03(g)(2) The director may, after appropriate notice and opportunity for hearing in accordance with Section 1397, by order, assess administrative penalties if the director determines that a health care service plan has knowingly committed, or has performed with a frequency that indicates a general business practice, either of the following:
(A)CA Health & Safety Code § 1367.03(g)(2)(A) Repeated failure to act promptly and reasonably to assure timely access to care consistent with this chapter.
(B)CA Health & Safety Code § 1367.03(g)(2)(B) Repeated failure to act promptly and reasonably to require network providers to assure timely access that the plan is required to perform under this chapter and that have been delegated by the plan to the network provider when the obligation of the plan to the enrollee or subscriber is reasonably clear.
(C)CA Health & Safety Code § 1367.03(g)(2)(C) The administrative penalties available to the director pursuant to this section are not exclusive, and may be sought and employed in any combination with civil, criminal, and other administrative remedies deemed warranted by the director to enforce this chapter.
(3)CA Health & Safety Code § 1367.03(g)(3) The administrative penalties shall be paid to the Managed Care Administrative Fines and Penalties Fund and shall be used for the purposes specified in Section 1341.45.
(h)CA Health & Safety Code § 1367.03(h) The department shall work with the patient advocate to assure that the quality of care report card incorporates information provided pursuant to subdivision (f) regarding the degree to which health care service plans and health care providers comply with the requirements for timely access to care.
(i)CA Health & Safety Code § 1367.03(i) The department shall annually review information regarding compliance with the standards developed under this section and shall make recommendations for changes that further protect enrollees. Commencing no later than December 1, 2015, and annually thereafter, the department shall post its final findings from the review on its internet website.
(j)CA Health & Safety Code § 1367.03(j) The department shall post on its internet website any waivers or alternative standards that the department approves under this section on or after January 1, 2015.
(k)CA Health & Safety Code § 1367.03(k) This section applies to a licensed health care service plan that provides services to Medi-Cal beneficiaries. Except for appointment wait time standards set forth in paragraph (5) of subdivision (a) of this section and in Section 1300.67.2.2 of Title 28 of the California Code of Regulations, this section does not alter the requirements or standards of the State Department of Health Care Services specified in Section 14197 of the Welfare and Institutions Code.
(l)CA Health & Safety Code § 1367.03(l) This section does not prevent the department from developing additional standards to improve timely access to care and network adequacy.

Section § 1367.3

Explanation

This law requires health insurance plans that cover hospital, medical, or surgical expenses on a group basis to offer benefits for comprehensive preventive care for children aged 17 and 18. The plans must inform current and potential group contract holders about these benefits. The preventive care must align with recommendations from the American Academy of Pediatrics and the official immunization schedule.

These benefits include regular health check-ups, necessary immunizations, lab services related to health evaluations, and blood lead level screenings for children at risk of lead poisoning. Only licensed medical professionals, such as doctors, nurse practitioners, and physician assistants, are authorized to offer these services.

(a)CA Health & Safety Code § 1367.3(a) Every health care service plan that covers hospital, medical, or surgical expenses on a group basis shall offer benefits for the comprehensive preventive care of children. This section shall apply to children 17 and 18 years of age, except as provided in subparagraph (D) of paragraph (2) of subdivision (b). Every plan shall communicate the availability of these benefits to all group contractholders and to all prospective group contractholders with whom they are negotiating. This section shall apply to a plan that, by rule or order of the director, has been exempted from subdivision (i) of Section 1367, insofar as that section and the rules thereunder relate to the provision of the preventive health care services described herein.
(b)CA Health & Safety Code § 1367.3(b) For purposes of this section, benefits for the comprehensive preventive care of children shall comply with both of the following:
(1)CA Health & Safety Code § 1367.3(b)(1) Be consistent with both of the following:
(A)CA Health & Safety Code § 1367.3(b)(1)(A) The most recent Recommendations for Preventive Pediatric Health Care, as adopted by the American Academy of Pediatrics.
(B)CA Health & Safety Code § 1367.3(b)(1)(B) The Recommended Childhood Immunization Schedule/United States, jointly adopted as of January 1, 2025, by the American Academy of Pediatrics, the Advisory Committee on Immunization Practices, and the American Academy of Family Physicians. Immunizations subject to this subparagraph may be modified or supplemented by the State Department of Public Health pursuant to Section 120164.
(2)CA Health & Safety Code § 1367.3(b)(2) Provide for the following:
(A)CA Health & Safety Code § 1367.3(b)(2)(A) Periodic health evaluations.
(B)CA Health & Safety Code § 1367.3(b)(2)(B) Immunizations.
(C)CA Health & Safety Code § 1367.3(b)(2)(C) Laboratory services in connection with periodic health evaluations.
(D)CA Health & Safety Code § 1367.3(b)(2)(D) Screening for blood lead levels in children of any age who are at risk for lead poisoning, as determined by a physician and surgeon affiliated with the plan, if the screening is prescribed by a health care provider affiliated with the plan.
(c)CA Health & Safety Code § 1367.3(c) For purposes of this section, a health care provider is any of the following:
(1)CA Health & Safety Code § 1367.3(c)(1) A person licensed to practice medicine pursuant to Article 3 (commencing with Section 2050) of Chapter 5 of Division 2 of the Business and Professions Code.
(2)CA Health & Safety Code § 1367.3(c)(2) A nurse practitioner licensed to practice pursuant to Article 8 (commencing with Section 2834) of Chapter 6 of Division 2 of the Business and Professions Code.
(3)CA Health & Safety Code § 1367.3(c)(3) A physician assistant licensed to practice pursuant to Article 3 (commencing with Section 3513) of Chapter 7.7 of Division 2 of the Business and Professions Code.

Section § 1367.004

Explanation

This California law requires dental health care service plans to file an annual report with the department, called the Medical Loss Ratio (MLR) report, by July 31. This report, covering the calendar year, needs to detail financial information similar to a federal form from 2013 and must be organized by market and product type.

If the director believes a financial examination is necessary to verify the plan's report, they must notify the plan 30 days in advance. The plan then has 30 days to submit the requested documents, although extensions may be granted for good reasons.

Information filed must be made public, except for certain state program contracts like Medi-Cal. The department can give temporary guidance to ensure compliance, but this won’t replace permanent regulations. Consultation with the Department of Insurance is required for this guidance.

(a)CA Health & Safety Code § 1367.004(a) A health care service plan that issues, sells, renews, or offers a contract covering dental services shall file a report with the department by July 31 of each year, which shall be known as the MLR annual report. The MLR annual report shall be organized by market and product type and shall contain the same information required in the 2013 federal Medical Loss Ratio (MLR) Annual Reporting Form (CMS-10418). The department shall post a health care service plan’s MLR annual report on its Internet Web site within 45 days after receiving the report.
(b)CA Health & Safety Code § 1367.004(b) The MLR reporting year shall be for the calendar year during which dental coverage is provided by the plan. As applicable, all terms used in the MLR annual report shall have the same meaning as used in the federal Public Health Service Act (42 U.S.C. Sec. 300gg-18), Part 158 (commencing with Section 158.101) of Title 45 of the Code of Federal Regulations, and Section 1367.003.
(c)CA Health & Safety Code § 1367.004(c) If the director decides to conduct a financial examination, as described in Section 1382, because the director finds it necessary to verify the health care service plan’s representations in the MLR annual report, the department shall provide the health care service plan with a notification 30 days before the commencement of the financial examination.
(d)CA Health & Safety Code § 1367.004(d) The health care service plan shall have 30 days from the date of notification to electronically submit to the department all requested records, books, and papers specified in subdivision (a) of Section 1381. The director may extend the time for a health care service plan to comply with this subdivision upon a finding of good cause.
(e)CA Health & Safety Code § 1367.004(e) The department shall make available to the public all of the data provided to the department pursuant to this section.
(f)CA Health & Safety Code § 1367.004(f) This section does not apply to a health care service plan contract issued, sold, renewed, or offered for health care services or coverage provided in the Medi-Cal program (Chapter 7 (commencing with Section 14000) and Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code), the Medi-Cal Access Program (Chapter 2 (commencing with Section 15810) of Part 3.3 of Division 9 of the Welfare and Institutions Code), or the California Major Risk Medical Insurance Program (Chapter 4 (commencing with Section 15870) of Part 3.3 of Division 9 of the Welfare and Institutions Code), to the extent consistent with the federal Patient Protection and Affordable Care Act (Public Law 111-148).
(g)CA Health & Safety Code § 1367.004(g) The department may issue guidance to specialized health care service plans subject to this section regarding compliance with this section. The guidance shall not be subject to the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), and shall be effective only until the department adopts regulations pursuant to that act. The department shall consult with the Department of Insurance in issuing the guidance specified in this section.

Section § 1367.04

Explanation

This law requires that health care service plans in California offer language assistance for their non-Medi-Cal enrollees by January 1, 2006. These regulations ensure that enrollees who speak languages other than English can access translations of vital documents and interpretation services, so they can fully understand their healthcare benefits.

It sets standards for the translation of documents based on the size of the health plan's enrollment and the language preferences indicated by an enrollee needs assessment. Larger health plans must translate vital documents into more languages compared to smaller plans.

The law also dictates the standards for the quality and timeliness of interpretation services, ensuring that interpreters are proficient in both English and the target language, and well-versed in healthcare terminology.

Additionally, the law includes requirements for periodic assessments of enrollees' language preferences, continuous updates every three years, and public input to adapt services based on cultural and linguistic changes. There are also standards for working with health care providers to comply with these regulations.

(a)CA Health & Safety Code § 1367.04(a) Not later than January 1, 2006, the department shall develop and adopt regulations establishing standards and requirements to provide health care service plan enrollees with appropriate access to language assistance in obtaining health care services.
(b)CA Health & Safety Code § 1367.04(b) In developing the regulations, the department shall require every health care service plan and specialized health care service plan to assess the linguistic needs of the enrollee population, excluding Medi-Cal enrollees, and to provide for translation and interpretation for medical services, as indicated. A health care service plan that participates in the Healthy Families Program may assess the Healthy Families Program enrollee population separately from the remainder of its enrollee population for purposes of subparagraph (A) of paragraph (1). A health care service plan that chooses to separate its Healthy Families Program enrollment from the remainder of its enrollee population shall treat the Healthy Families Program population separately for purposes of determining whether subparagraph (A) of paragraph (1) is applicable, and shall also treat the Healthy Families Program population separately for purposes of applying the percentage and numerical thresholds in subparagraph (A) of paragraph (1). The regulations shall include the following:
(1)CA Health & Safety Code § 1367.04(b)(1) Requirements for the translation of vital documents that include the following:
(A)CA Health & Safety Code § 1367.04(b)(1)(A) A requirement that all vital documents, as defined pursuant to subparagraph (B), be translated into an indicated language, as follows:
(i)CA Health & Safety Code § 1367.04(b)(1)(A)(i) A health care service plan with an enrollment of 1,000,000 or more shall translate vital documents into the top two languages other than English as determined by the needs assessment as required by this subdivision and any additional languages when 0.75 percent or 15,000 of the enrollee population, whichever number is less, excluding Medi-Cal enrollment and treating Healthy Families Program enrollment separately indicates in the needs assessment as required by this subdivision a preference for written materials in that language.
(ii)CA Health & Safety Code § 1367.04(b)(1)(A)(ii) A health care service plan with an enrollment of 300,000 or more but less than 1,000,000 shall translate vital documents into the top one language other than English as determined by the needs assessment as required by this subdivision and any additional languages when 1 percent or 6,000 of the enrollee population, whichever number is less, excluding Medi-Cal enrollment and treating Healthy Families Program enrollment separately indicates in the needs assessment as required by this subdivision a preference for written materials in that language.
(iii)CA Health & Safety Code § 1367.04(b)(1)(A)(iii) A health care service plan with an enrollment of less than 300,000 shall translate vital documents into a language other than English when 3,000 or more or 5 percent of the enrollee population, whichever number is less, excluding Medi-Cal enrollment and treating Healthy Families Program enrollment separately indicates in the needs assessment as required by this subdivision a preference for written materials in that language.
(B)CA Health & Safety Code § 1367.04(b)(1)(B) Specification of vital documents produced by the plan that are required to be translated. The specification of vital documents shall not exceed that of the United States Department of Health and Human Services (HHS) Office for Civil Rights (OCR) Policy Guidance (65 Federal Register 52762 (August 30, 2000)), but shall include all of the following:
(i)CA Health & Safety Code § 1367.04(b)(1)(B)(i) Applications.
(ii)CA Health & Safety Code § 1367.04(b)(1)(B)(ii) Consent forms.
(iii)CA Health & Safety Code § 1367.04(b)(1)(B)(iii) Letters containing important information regarding eligibility and participation criteria.
(iv)CA Health & Safety Code § 1367.04(b)(1)(B)(iv) Notices pertaining to the denial, reduction, modification, or termination of services and benefits, and the right to file a grievance or appeal.
(v)CA Health & Safety Code § 1367.04(b)(1)(B)(v) Notices advising limited-English-proficient persons of the availability of free language assistance and other outreach materials that are provided to enrollees.
(vi)CA Health & Safety Code § 1367.04(b)(1)(B)(vi) Translated documents shall not include a health care service plan’s explanation of benefits or similar claim processing information that is sent to enrollees, unless the document requires a response by the enrollee.
(C)Copy CA Health & Safety Code § 1367.04(b)(1)(C)
(i)Copy CA Health & Safety Code § 1367.04(b)(1)(C)(i) For those documents described in subparagraph (B) that are not standardized but contain enrollee specific information, health care service plans shall not be required to translate the documents into the threshold languages identified by the needs assessment as required by this subdivision, but rather shall include with the documents a written notice of the availability of interpretation services in the threshold languages identified by the needs assessment as required by this subdivision. A health care service plan subject to the requirements in Section 1367.042 shall also include with the documents a written notice of the availability of interpretation services in the top 15 languages spoken by limited-English-proficient (LEP) individuals in California as determined by the State Department of Health Care Services.
(ii)CA Health & Safety Code § 1367.04(b)(1)(C)(i)(ii) Upon request, the enrollee shall receive a written translation of the documents described in clause (i). The health care service plan shall have up to, but not to exceed, 21 days to comply with the enrollee’s request for a written translation. If an enrollee requests a translated document, all timeframes and deadline requirements related to the document that apply to the health care service plan and enrollees under the provisions of this chapter and under any regulations adopted pursuant to this chapter shall begin to run upon the health care service plan’s issuance of the translated document.
(iii)CA Health & Safety Code § 1367.04(b)(1)(C)(i)(iii) For grievances that require expedited plan review and response in accordance with subdivision (b) of Section 1368.01, the health care service plan may satisfy this requirement by providing notice of the availability and access to oral interpretation services.
(D)CA Health & Safety Code § 1367.04(b)(1)(D) A requirement that health care service plans advise limited-English-proficient enrollees of the availability of interpreter services.
(2)CA Health & Safety Code § 1367.04(b)(2) Standards to ensure the quality and accuracy of the written translations and that a translated document meets the same standards required for the English language version of the document. The English language documents shall determine the rights and obligations of the parties, and the translated documents shall be admissible in evidence only if there is a dispute regarding a substantial difference in the material terms and conditions of the English language document and the translated document.
(3)CA Health & Safety Code § 1367.04(b)(3) Requirements for surveying the language preferences and needs assessments of health care service plan enrollees within one year of the effective date of the regulations that permit health care service plans to utilize various survey methods, including, but not limited to, the use of existing enrollment and renewal processes, subscriber newsletters, or other mailings. Health care service plans shall update the needs assessment, demographic profile, and language translation requirements every three years.
(4)CA Health & Safety Code § 1367.04(b)(4) Requirements for individual enrollee access to interpretation services that include the following:
(A)CA Health & Safety Code § 1367.04(b)(4)(A) A requirement that an interpreter meets, at a minimum, all of the following qualifications:
(i)CA Health & Safety Code § 1367.04(b)(4)(A)(i) Demonstrated proficiency in both English and the target language.
(ii)CA Health & Safety Code § 1367.04(b)(4)(A)(ii) Knowledge in both English and the target language of health care terminology and concepts relevant to health care delivery systems.
(iii)CA Health & Safety Code § 1367.04(b)(4)(A)(iii) Adheres to generally accepted interpreter ethics principles, including client confidentiality.
(B)CA Health & Safety Code § 1367.04(b)(4)(B) A requirement that the enrollee with limited English proficiency shall not be required to provide their own interpreter or rely on a staff member who does not meet the qualifications described in subparagraph (A) to communicate directly with the limited-English-proficient enrollee.
(C)CA Health & Safety Code § 1367.04(b)(4)(C) A requirement that the enrollee with limited English proficiency shall not be required to rely on an adult or minor child accompanying the enrollee to interpret or facilitate communication except under either of the following circumstances:
(i)CA Health & Safety Code § 1367.04(b)(4)(C)(i) In an emergency, as described in Section 1317.1, if a qualified interpreter is not immediately available for the enrollee with limited English proficiency.
(ii)CA Health & Safety Code § 1367.04(b)(4)(C)(ii) If the individual with limited English proficiency specifically requests that the accompanying adult interpret or facilitate communication, the accompanying adult agrees to provide that assistance, and reliance on that accompanying adult for that assistance is appropriate under the circumstances.
(5)CA Health & Safety Code § 1367.04(b)(5) Standards to ensure the quality and timeliness of oral interpretation services provided by health care service plans.
(c)CA Health & Safety Code § 1367.04(c) In developing the regulations, standards, and requirements, the department shall consider the following:
(1)CA Health & Safety Code § 1367.04(c)(1) Publications and standards issued by federal agencies, such as the Culturally and Linguistically Appropriate Services (CLAS) in Health Care issued by the United States Department of Health and Human Services Office of Minority Health in December 2000, and the United States Department of Health and Human Services (HHS) Office for Civil Rights (OCR) Policy Guidance (65 Federal Register 52762 (August 30, 2000)).
(2)CA Health & Safety Code § 1367.04(c)(2) Other cultural and linguistic requirements under state programs, such as Medi-Cal Managed Care Policy Letters, cultural and linguistic requirements imposed by the State Department of Health Care Services on health care service plans that contract to provide Medi-Cal managed care services, and cultural and linguistic requirements imposed by the Managed Risk Medical Insurance Board on health care service plans that contract to provide services in the Healthy Families Program.
(3)CA Health & Safety Code § 1367.04(c)(3) Standards adopted by other states pertaining to language assistance requirements for health care service plans.
(4)CA Health & Safety Code § 1367.04(c)(4) Standards established by California or nationally recognized accrediting, certifying, or licensing organizations and medical and health care interpreter professional associations regarding interpretation services.
(5)CA Health & Safety Code § 1367.04(c)(5) Publications, guidelines, reports, and recommendations issued by state agencies or advisory committees, such as the report card to the public on the comparative performance of plans and reports on cultural and linguistic services issued by the Center for Data Insights and Innovation and the report to the Legislature from the Task Force on Culturally and Linguistically Competent Physicians and Dentists established by former Section 852 of the Business and Professions Code.
(6)CA Health & Safety Code § 1367.04(c)(6) Examples of best practices relating to language assistance services by health care providers and health care service plans, including existing practices.
(7)CA Health & Safety Code § 1367.04(c)(7) Information gathered from complaints to the HMO Helpline and consumer assistance centers regarding language assistance services.
(8)CA Health & Safety Code § 1367.04(c)(8) The cost of compliance and the availability of translation and interpretation services and professionals.
(9)CA Health & Safety Code § 1367.04(c)(9) Flexibility to accommodate variations in plan networks and method of service delivery. The department shall allow for health care service plan flexibility in determining compliance with the standards for oral and written interpretation services.
(d)CA Health & Safety Code § 1367.04(d) The department shall work to ensure that the biennial reports required by this section, and the data collected for those reports, are consistent with reports required by government-sponsored programs and do not require duplicative or conflicting data collection or reporting.
(e)CA Health & Safety Code § 1367.04(e) The department shall seek public input from a wide range of interested parties through advisory bodies established by the director.
(f)CA Health & Safety Code § 1367.04(f) A contract between a health care service plan and a health care provider shall require compliance with the standards developed under this section. In furtherance of this section, the contract shall require providers to cooperate with the plan by providing any information necessary to assess compliance.
(g)CA Health & Safety Code § 1367.04(g) The department shall report biennially to the Legislature and advisory bodies established by the director regarding plan compliance with the standards, including results of compliance audits made in conjunction with other audits and reviews. The reported information shall also be included in the publication required under subparagraph (B) of paragraph (1) of subdivision (b) of Section 136000. The department shall also utilize the reported information to make recommendations for changes that further enhance standards pursuant to this section. The department may also delay or otherwise phase-in implementation of standards and requirements in recognition of costs and availability of translation and interpretation services and professionals.
(h)Copy CA Health & Safety Code § 1367.04(h)
(1)Copy CA Health & Safety Code § 1367.04(h)(1) Except for contracts with the State Department of Health Care Services Medi-Cal program, the standards developed under this section shall be considered the minimum required for compliance.
(2)CA Health & Safety Code § 1367.04(h)(2) The regulations shall provide that a health plan is in compliance if the plan is required to meet the same or similar standards by the Medi-Cal program, either by contract or state law, if the standards provide as much access to cultural and linguistic services as the standards established by this section for an equal or higher number of enrollees and therefore meet or exceed the standards of the regulations established pursuant to this section, and the department determines that the health care service plan is in compliance with the standards required by the Medi-Cal program. To meet this requirement, the department shall not be required to perform individual audits. The department shall, to the extent feasible, rely on audits, reports, or other oversight and enforcement methods used by the State Department of Health Care Services.
(3)CA Health & Safety Code § 1367.04(h)(3) The determination pursuant to paragraph (2) shall only apply to the enrollees covered by the Medi-Cal program standards. A health care service plan subject to paragraph (2) shall comply with the standards established by this section with regard to enrollees not covered by the Medi-Cal program.
(i)CA Health & Safety Code § 1367.04(i) This section does not prohibit a government purchaser from including in their contracts additional translation or interpretation requirements, to meet linguistic or cultural needs, beyond those set forth pursuant to this section.

Section § 1367.4

Explanation

Health and dental insurance plans in California, starting from January 1, 1986, cannot deny or limit coverage or charge higher rates only because a person is blind or partially blind. This includes individual and group policies.

'Blindness or partial blindness' is defined by specific criteria regarding the lack of clear vision and limited field of view, as certified by an eye specialist.

No plan issuing, providing, or administering any contract of individual or group coverage providing medical, surgical, or dental expense benefits applied for and issued on or after January 1, 1986, shall refuse to cover, or refuse to continue to cover, or limit the amount, extent, or kind of coverage available to an individual, or charge a different rate for the same coverage solely because of blindness or partial blindness.
“Blindness or partial blindness” means central visual acuity of not more than 20/200 in the better eye, after correction, or visual acuity greater than 20/200 but with a limitation in the fields of vision so that the widest diameter of the visual field subtends an angle no greater than 20 degrees, certified by a licensed physician and surgeon who specializes in diseases of the eye or a licensed optometrist.

Section § 1367.005

Explanation

This law mandates that individual or small group health care plans in California, issued or renewed from January 1, 2017, must include essential health benefits as defined by federal law. Essential health benefits cover a range of services including ambulatory, emergency, hospitalization, maternity and newborn care, mental health, prescription drugs, and more. Specific benefits mirror those offered by a Kaiser health plan from 2014 and include previously mandated services like diabetes care, cancer screenings, and mental health parity.

The law also outlines pediatric vision and oral care requirements, requires plans to comply with mental health parity laws, and prohibits plans from substituting required benefits, except under specific conditions for prescription drugs. It also states that this section doesn't impose cost obligations on the state for additional benefits beyond what's defined as essential health benefits.

(a)CA Health & Safety Code § 1367.005(a) An individual or small group health care service plan contract issued, amended, or renewed on or after January 1, 2017, shall include, at a minimum, coverage for essential health benefits pursuant to the federal Patient Protection and Affordable Care Act (PPACA) and as outlined in this section. For purposes of this section, “essential health benefits” means all of the following:
(1)CA Health & Safety Code § 1367.005(a)(1) Health benefits within the categories identified in Section 1302(b) of PPACA: ambulatory patient services, emergency services, hospitalization, maternity and newborn care, mental health and substance use disorder services, including behavioral health treatment, prescription drugs, rehabilitative and habilitative services and devices, laboratory services, preventive and wellness services and chronic disease management, and pediatric services, including oral and vision care.
(2)Copy CA Health & Safety Code § 1367.005(a)(2)
(A)Copy CA Health & Safety Code § 1367.005(a)(2)(A) The health benefits covered by the Kaiser Foundation Health Plan Small Group HMO 30 plan (federal health product identification number 40513CA035) as this plan was offered during the first quarter of 2014, as follows, regardless of whether the benefits are specifically referenced in the evidence of coverage or plan contract for that plan:
(i)CA Health & Safety Code § 1367.005(a)(2)(A)(i) Medically necessary basic health care services, as defined in subdivision (b) of Section 1345 and Section 1300.67 of Title 28 of the California Code of Regulations.
(ii)CA Health & Safety Code § 1367.005(a)(2)(A)(ii) The health benefits mandated to be covered by the plan pursuant to statutes enacted before December 31, 2011, as described in the following sections: Sections 1367.002, 1367.06, and 1367.35 (preventive services for children); Section 1367.25 (prescription drug coverage for contraceptives); Section 1367.45 (AIDS vaccine); Section 1367.46 (HIV testing); Section 1367.51 (diabetes); Section 1367.54 (alpha-fetoprotein testing); Section 1367.6 (breast cancer screening); Section 1367.61 (prosthetics for laryngectomy); Section 1367.62 (maternity hospital stay); Section 1367.63 (reconstructive surgery); Section 1367.635 (mastectomies); Section 1367.64 (prostate cancer); Section 1367.65 (mammography); Section 1367.66 (cervical cancer); Section 1367.665 (cancer screening tests); Section 1367.67 (osteoporosis); Section 1367.68 (surgical procedures for jaw bones); Section 1367.71 (anesthesia for dental); Section 1367.9 (conditions attributable to diethylstilbestrol); Section 1368.2 (hospice care); Section 1370.6 (cancer clinical trials); Section 1371.5 (emergency response ambulance or ambulance transport services); subdivision (b) of Section 1373 (sterilization operations or procedures); Section 1373.4 (inpatient hospital and ambulatory maternity); Section 1374.56 (phenylketonuria); Section 1374.17 (organ transplants for HIV); Section 1374.72 (mental health parity); and Section 1374.73 (autism/behavioral health treatment).
(iii)CA Health & Safety Code § 1367.005(a)(2)(A)(iii) Any other benefits mandated to be covered by the plan pursuant to statutes enacted before December 31, 2011, as described in those statutes.
(iv)CA Health & Safety Code § 1367.005(a)(2)(A)(iv) The health benefits covered by the plan that are not otherwise required to be covered under this chapter, to the extent required pursuant to Sections 1367.18, 1367.21, 1367.215, 1367.22, 1367.24, and 1367.25, and Section 1300.67.24 of Title 28 of the California Code of Regulations.
(v)CA Health & Safety Code § 1367.005(a)(2)(A)(v) Any other health benefits covered by the plan that are not otherwise required to be covered under this chapter.
(B)CA Health & Safety Code § 1367.005(a)(2)(A)(B) If there are any conflicts or omissions in the plan identified in subparagraph (A) as compared with the requirements for health benefits under this chapter that were enacted prior to December 31, 2011, the requirements of this chapter shall be controlling, except as otherwise specified in this section.
(C)CA Health & Safety Code § 1367.005(a)(2)(A)(C) Notwithstanding subparagraph (B) or any other provision of this section, the home health services benefits covered under the plan identified in subparagraph (A) shall be deemed to not be in conflict with this chapter.
(D)CA Health & Safety Code § 1367.005(a)(2)(A)(D) For purposes of this section, the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (Public Law 110-343) shall apply to a contract subject to this section. Coverage of mental health and substance use disorder services pursuant to this paragraph, along with any scope and duration limits imposed on the benefits, shall be in compliance with the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (Public Law 110-343), and all rules, regulations, or guidance issued pursuant to Section 2726 of the federal Public Health Service Act (42 U.S.C. Sec. 300gg-26).
(3)CA Health & Safety Code § 1367.005(a)(3) With respect to habilitative services, in addition to any habilitative services and devices identified in paragraph (2), coverage shall also be provided as required by federal rules, regulations, and guidance issued pursuant to Section 1302(b) of PPACA. Habilitative services and devices shall be covered under the same terms and conditions applied to rehabilitative services and devices under the plan contract. Limits on habilitative and rehabilitative services and devices shall not be combined.
(4)CA Health & Safety Code § 1367.005(a)(4) With respect to pediatric vision care, the same health benefits for pediatric vision care covered under the Federal Employees Dental and Vision Insurance Program vision plan with the largest national enrollment as of the first quarter of 2014. The pediatric vision care benefits covered pursuant to this paragraph shall be in addition to, and shall not replace, any vision services covered under the plan identified in paragraph (2).
(5)CA Health & Safety Code § 1367.005(a)(5) With respect to pediatric oral care, the same health benefits for pediatric oral care covered under the dental benefit received by children under the Medi-Cal program as of 2014, including the provision of medically necessary orthodontic care provided pursuant to the federal Children’s Health Insurance Program Reauthorization Act of 2009. The pediatric oral care benefits covered pursuant to this paragraph shall be in addition to, and shall not replace, any dental or orthodontic services covered under the plan identified in paragraph (2).
(b)CA Health & Safety Code § 1367.005(b) Treatment limitations imposed on health benefits described in this section shall be no greater than the treatment limitations imposed by the corresponding plans identified in subdivision (a), subject to the requirements set forth in paragraph (2) of subdivision (a).
(c)CA Health & Safety Code § 1367.005(c) Except as provided in subdivision (d), this section does not permit a health care service plan to make substitutions for the benefits required to be covered under this section, regardless of whether those substitutions are actuarially equivalent.
(d)CA Health & Safety Code § 1367.005(d) To the extent permitted under Section 1302 of PPACA and any rules, regulations, or guidance issued pursuant to that section, and to the extent that substitution would not create an obligation for the state to defray costs for any individual, a plan may substitute its prescription drug formulary for the formulary provided under the plan identified in subdivision (a) if the coverage for prescription drugs complies with the sections referenced in clauses (ii) and (iv) of subparagraph (A) of paragraph (2) of subdivision (a) that apply to prescription drugs.
(e)CA Health & Safety Code § 1367.005(e) A health care service plan, or its agent, solicitor, or representative, shall not issue, deliver, renew, offer, market, represent, or sell any product, contract, or discount arrangement as compliant with the essential health benefits requirement in federal law, unless it meets all of the requirements of this section.
(f)CA Health & Safety Code § 1367.005(f) This section applies regardless of whether the plan contract is offered inside or outside the California Health Benefit Exchange created by Section 100500 of the Government Code.
(g)CA Health & Safety Code § 1367.005(g) This section does not exempt a plan or a plan contract from meeting other applicable requirements of law.
(h)CA Health & Safety Code § 1367.005(h) This section does not prohibit a plan contract from covering additional benefits, including, but not limited to, spiritual care services that are tax deductible under Section 213 of the Internal Revenue Code.
(i)CA Health & Safety Code § 1367.005(i) Subdivision (a) does not apply to any of the following:
(1)CA Health & Safety Code § 1367.005(i)(1) A specialized health care service plan contract.
(2)CA Health & Safety Code § 1367.005(i)(2) A Medicare supplement plan.
(3)CA Health & Safety Code § 1367.005(i)(3) A plan contract that qualifies as a grandfathered health plan under Section 1251 of PPACA or any rules, regulations, or guidance issued pursuant to that section.
(j)CA Health & Safety Code § 1367.005(j) This section shall not be implemented in a manner that conflicts with a requirement of PPACA.
(k)CA Health & Safety Code § 1367.005(k) An essential health benefit is required to be provided under this section only to the extent that federal law does not require the state to defray the costs of the benefit.
(l)CA Health & Safety Code § 1367.005(l) This section does not obligate the state to incur costs for the coverage of benefits that are not essential health benefits as defined in this section.
(m)CA Health & Safety Code § 1367.005(m) A plan is not required to cover, under this section, changes to health benefits that are the result of statutes enacted on or after December 31, 2011.
(n)Copy CA Health & Safety Code § 1367.005(n)
(1)Copy CA Health & Safety Code § 1367.005(n)(1) The department may adopt emergency regulations implementing this section. The department may, on a one-time basis, readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, an emergency regulation previously adopted under this section.
(2)CA Health & Safety Code § 1367.005(n)(2) The initial adoption of emergency regulations implementing this section and the readoption of emergency regulations authorized by this subdivision shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. The initial emergency regulations and the readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations may be adopted.
(3)CA Health & Safety Code § 1367.005(n)(3) The initial adoption of emergency regulations implementing this section made during the 2015–16 Regular Session of the Legislature and the readoption of emergency regulations authorized by this subdivision shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. The initial emergency regulations and the readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations may be adopted.
(4)CA Health & Safety Code § 1367.005(n)(4) The director shall consult with the Insurance Commissioner to ensure consistency and uniformity in the development of regulations under this subdivision.
(5)CA Health & Safety Code § 1367.005(n)(5) This subdivision shall become inoperative on July 1, 2018.
(o)CA Health & Safety Code § 1367.005(o) For purposes of this section, the following definitions apply:
(1)CA Health & Safety Code § 1367.005(o)(1) “Habilitative services” means health care services and devices that help a person keep, learn, or improve skills and functioning for daily living. Examples include therapy for a child who is not walking or talking at the expected age. These services may include physical and occupational therapy, speech-language pathology, and other services for people with disabilities in a variety of inpatient or outpatient settings, or both. Habilitative services shall be covered under the same terms and conditions applied to rehabilitative services under the plan contract.
(2)Copy CA Health & Safety Code § 1367.005(o)(2)
(A)Copy CA Health & Safety Code § 1367.005(o)(2)(A) “Health benefits,” unless otherwise required to be defined pursuant to federal rules, regulations, or guidance issued pursuant to Section 1302(b) of PPACA, means health care items or services for the diagnosis, cure, mitigation, treatment, or prevention of illness, injury, disease, or a health condition, including a behavioral health condition.
(B)CA Health & Safety Code § 1367.005(o)(2)(A)(B) “Health benefits” does not mean any cost-sharing requirements such as copayments, coinsurance, or deductibles.
(3)CA Health & Safety Code § 1367.005(o)(3) “PPACA” means the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and any rules, regulations, or guidance issued thereunder.
(4)CA Health & Safety Code § 1367.005(o)(4) “Small group health care service plan contract” means a group health care service plan contract issued to a small employer, as defined in Section 1357.500.

Section § 1367.05

Explanation

This California law allows health care plans to contract with dental colleges for dental care services. These services can be provided by dental students, dental hygiene students, or instructors, all working under certain conditions of the Business and Professions Code.

The law also requires that health plans notify their enrollees that they may receive dental care from students and instructors at these colleges. This information must be included in their coverage details and provider listings.

(a)CA Health & Safety Code § 1367.05(a)  Nothing in this chapter shall prohibit a health care service plan from entering into a contract with a dental college approved by the Board of Dental Examiners of California under which the dental college provides for or arranges for the provision of dental care to enrollees of the plan through the practice of dentistry by either of the following:
(1)CA Health & Safety Code § 1367.05(a)(1)  Bona fide students of dentistry or dental hygiene operating under subdivision (b) of Section 1626 of the Business and Professions Code.
(2)CA Health & Safety Code § 1367.05(a)(2)  Bona fide clinicians or instructors operating under subdivision (c) of Section 1626 of the Business and Professions Code.
(b)CA Health & Safety Code § 1367.05(b)  A plan that contracts with a dental college for the delivery of dental care pursuant to subdivision (a) shall disclose to enrollees in the disclosure form and the evidence of coverage, or the combined evidence of coverage and disclosure form, and, if the plan provides a listing of providers to the enrollees, in the listing of providers, that the dental care provided by the dental college will be provided by students of dentistry or dental hygiene and clinicians or instructors of the dental college.

Section § 1367.5

Explanation

This law says that any health care service plan contract created or changed on or after January 1, 2002, cannot have rules that stop health facilities from following the rules laid out in Section 1262.5.

No health care service plan contract that is issued, amended, renewed, or delivered on and after January 1, 2002, shall contain a provision that prohibits or restricts any health facilities’ compliance with the requirements of Section 1262.5.

Section § 1367.006

Explanation

This law applies to non-grandfathered health insurance plans in California, both individual and group, issued on or after January 1, 2015. These plans must include caps on annual out-of-pocket expenses for essential health benefits, including emergency care. The caps cannot exceed the limits set by federal law under the Affordable Care Act (ACA). For family coverage, individuals within the family cannot have higher out-of-pocket maximums or deductibles than individual plans. This section also ensures that anyone with a deductible under a high-deductible health plan adheres to specific deductible amounts set by tax code standards. The law also clarifies that terms like "plan year" refer to different durations depending on whether it's individual or group coverage.

(a)CA Health & Safety Code § 1367.006(a) This section shall apply to nongrandfathered individual and group health care service plan contracts that provide coverage for essential health benefits, as defined in Section 1367.005, and that are issued, amended, or renewed on or after January 1, 2015.
(b)Copy CA Health & Safety Code § 1367.006(b)
(1)Copy CA Health & Safety Code § 1367.006(b)(1) For nongrandfathered health care service plan contracts in the individual or small group markets, a health care service plan contract, except a specialized health care service plan contract, that is issued, amended, or renewed on or after January 1, 2015, shall provide for a limit on annual out-of-pocket expenses for all covered benefits that meet the definition of essential health benefits in Section 1367.005, including out-of-network emergency care consistent with Section 1371.4.
(2)CA Health & Safety Code § 1367.006(b)(2) For nongrandfathered health care service plan contracts in the large group market, a health care service plan contract, except a specialized health care service plan contract, that is issued, amended, or renewed on or after January 1, 2015, shall provide for a limit on annual out-of-pocket expenses for covered benefits, including out-of-network emergency care consistent with Section 1371.4. This limit shall only apply to essential health benefits, as defined in Section 1367.005, that are covered under the plan to the extent that this provision does not conflict with federal law or guidance on out-of-pocket maximums for nongrandfathered health care service plan contracts in the large group market.
(c)Copy CA Health & Safety Code § 1367.006(c)
(1)Copy CA Health & Safety Code § 1367.006(c)(1) The limit described in subdivision (b) shall not exceed the limit described in Section 1302(c) of PPACA, and any subsequent rules, regulations, or guidance issued under that section.
(2)CA Health & Safety Code § 1367.006(c)(2) The limit described in subdivision (b) shall result in a total maximum out-of-pocket limit for all covered essential health benefits equal to the dollar amounts in effect under Section 223(c)(2)(A)(ii) of the Internal Revenue Code of 1986 with the dollar amounts adjusted as specified in Section 1302(c)(1)(B) of PPACA.
(3)CA Health & Safety Code § 1367.006(c)(3) For family coverage, an individual within a family shall not have a maximum out-of-pocket limit that is greater than the maximum out-of-pocket limit for individual coverage for that product.
(d)CA Health & Safety Code § 1367.006(d) Nothing in this section shall be construed to affect the reduction in cost sharing for eligible enrollees described in Section 1402 of PPACA, and any subsequent rules, regulations, or guidance issued under that section.
(e)CA Health & Safety Code § 1367.006(e) If an essential health benefit is offered or provided by a specialized health care service plan, the total annual out-of-pocket maximum for all covered essential benefits shall not exceed the limit in subdivision (b). This section shall not apply to a specialized health care service plan that does not offer an essential health benefit as defined in Section 1367.005.
(f)CA Health & Safety Code § 1367.006(f) The maximum out-of-pocket limit shall apply to any copayment, coinsurance, deductible, and any other form of cost sharing for all covered benefits that meet the definition of essential health benefits in Section 1367.005.
(g)Copy CA Health & Safety Code § 1367.006(g)
(1)Copy CA Health & Safety Code § 1367.006(g)(1) (A) Except as provided in paragraph (2), if a health care service plan contract for family coverage includes a deductible, an individual within a family shall not have a deductible that is greater than the deductible limit for individual coverage for that product.
(B)CA Health & Safety Code § 1367.006(g)(1)(B) Except as provided in paragraph (2), if a large group market health care service plan contract for family coverage that is issued, amended, or renewed on or after January 1, 2017, includes a deductible, an individual within a family shall not have a deductible that is more than the deductible limit for individual coverage for that product.
(2)Copy CA Health & Safety Code § 1367.006(g)(2)
(A)Copy CA Health & Safety Code § 1367.006(g)(2)(A) If a health care service plan contract for family coverage includes a deductible and is a high deductible health plan under the definition set forth in Section 223(c)(2) of Title 26 of the United States Code, the plan contract shall include a deductible for each individual covered by the plan that is equal to either the amount set forth in Section 223(c)(2)(A)(i)(II) of Title 26 of the United States Code or the deductible for individual coverage under the plan contract, whichever is greater.
(B)CA Health & Safety Code § 1367.006(g)(2)(A)(B) If a large group market health care service plan contract for family coverage that is issued, amended, or renewed on or after January 1, 2017, includes a deductible and is a high deductible health plan under the definition set forth in Section 223(c)(2) of Title 26 of the United States Code, the plan contract shall include a deductible for each individual covered by the plan that is equal to either the amount set forth in Section 223(c)(2)(A)(i)(II) of Title 26 of the United States Code or the deductible for individual coverage under the plan contract, whichever is greater.
(h)CA Health & Safety Code § 1367.006(h) For nongrandfathered health plan contracts in the group market, “plan year” has the meaning set forth in Section 144.103 of Title 45 of the Code of Federal Regulations. For nongrandfathered health plan contracts sold in the individual market, “plan year” means the calendar year.
(i)CA Health & Safety Code § 1367.006(i) “PPACA” means the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and any rules, regulations, or guidance issued thereunder.

Section § 1367.06

Explanation

This California law mandates that health care service plans, issued or changed since 2005, must cover certain asthma-related products and education for children. Specifically, plans have to cover inhaler spacers, nebulizers, face masks, tubing, and peak flow meters when these are medically necessary for treating pediatric asthma. Coverage must align with normal terms like copayments and deductibles, and the details of this coverage must be included in the plan's documents given to subscribers.

The amount of equipment provided can be limited, as long as it doesn't disrupt the child's treatment prescribed by their doctor. Plans must also allow for a quick approval process for more equipment if needed. Furthermore, plans can't reduce or eliminate this coverage, and they're required to offer asthma education to ensure proper device usage.

(a)CA Health & Safety Code § 1367.06(a) A health care service plan contract, except a specialized health care service plan contract, that is issued, amended, delivered, or renewed on or after January 1, 2005, that covers outpatient prescription drug benefits shall include coverage for inhaler spacers when medically necessary for the management and treatment of pediatric asthma.
(b)CA Health & Safety Code § 1367.06(b) If a subscriber has coverage for outpatient prescription drugs, a health care service plan contract, except a specialized health care service plan contract, that is issued, amended, delivered, or renewed on or after January 1, 2005, shall include coverage for the following equipment and supplies when medically necessary for the management and treatment of pediatric asthma:
(1)CA Health & Safety Code § 1367.06(b)(1) Nebulizers, including face masks and tubing.
(2)CA Health & Safety Code § 1367.06(b)(2) Peak flow meters.
(c)CA Health & Safety Code § 1367.06(c) The quantity of the equipment and supplies required to be covered pursuant to subdivisions (a) and (b) may be limited by the health care service plan if the limitations do not inhibit appropriate compliance with treatment as prescribed by the enrollee’s physician and surgeon. A health care service plan shall provide for an expeditious process for approving additional or replacement inhaler spacers, nebulizers, and peak flow meters when medically necessary for an enrollee to maintain compliance with his or her treatment regimen. The process required by Section 1367.24 may be used to satisfy the requirements of this section for an inhaler spacer.
(d)CA Health & Safety Code § 1367.06(d) Education for pediatric asthma, including education to enable an enrollee to properly use the device identified in subdivisions (a) and (b), shall be consistent with current professional medical practice.
(e)CA Health & Safety Code § 1367.06(e) The coverage required by this section shall be provided under the same general terms and conditions, including copayments and deductibles, applicable to all other benefits provided by the plan.
(f)CA Health & Safety Code § 1367.06(f) A health care service plan shall disclose the benefits under this section in its evidence of coverage and disclosure forms.
(g)CA Health & Safety Code § 1367.06(g) A health care service plan may not reduce or eliminate coverage as a result of the requirements of this section.
(h)CA Health & Safety Code § 1367.06(h) Nothing in this section shall be construed to deny or restrict in any way the department’s authority to ensure plan compliance with this chapter, if a plan provides coverage for prescription drugs.

Section § 1367.6

Explanation

This section mandates that all general health care service plans in California must provide coverage for breast cancer screening, diagnosis, and treatment. Specialized plans are not included. The coverage should not be denied based on a person's family history of breast cancer or previous diagnostic procedures if cancer hasn't been confirmed.

Plan contracts must include screenings and diagnoses of breast cancer based on medical guidelines upon a doctor's referral. Treatment coverage after a mastectomy must include prosthetic devices and reconstructive surgery aimed at restoring symmetry. These treatments are subject to regular copayment and deductible terms.

'Mastectomy' is defined as the necessary medical removal of part or all of the breast. 'Prosthetic devices' refer to all necessary initial and subsequent devices prescribed by a doctor.

(a)CA Health & Safety Code § 1367.6(a) Every health care service plan contract, except a specialized health care service plan contract, that is issued, amended, delivered, or renewed on or after January 1, 2000, shall provide coverage for screening for, diagnosis of, and treatment for, breast cancer.
(b)CA Health & Safety Code § 1367.6(b) No health care service plan contract shall deny enrollment or coverage to an individual solely due to a family history of breast cancer, or who has had one or more diagnostic procedures for breast disease but has not developed or been diagnosed with breast cancer.
(c)CA Health & Safety Code § 1367.6(c) Every health care service plan contract shall cover screening and diagnosis of breast cancer, consistent with generally accepted medical practice and scientific evidence, upon the referral of the enrollee’s participating physician.
(d)CA Health & Safety Code § 1367.6(d) Treatment for breast cancer under this section shall include coverage for prosthetic devices or reconstructive surgery to restore and achieve symmetry for the patient incident to a mastectomy. Coverage for prosthetic devices and reconstructive surgery shall be subject to the copayment, or deductible and coinsurance conditions, that are applicable to the mastectomy and all other terms and conditions applicable to other benefits.
(e)CA Health & Safety Code § 1367.6(e) As used in this section, “mastectomy” means the removal of all or part of the breast for medically necessary reasons, as determined by a licensed physician and surgeon. Partial removal of a breast includes, but is not limited to, lumpectomy, which includes surgical removal of the tumor with clear margins.
(f)CA Health & Safety Code § 1367.6(f) As used in this section, “prosthetic devices” means the provision of initial and subsequent devices pursuant to an order of the patient’s physician and surgeon.

Section § 1367.007

Explanation

This law sets a limit on the deductibles for small employer health plans in California starting from January 1, 2014. For individual plans, the deductible cannot go over $2,000, and for other plans, it cannot exceed $4,000. These amounts will be adjusted based on federal guidelines. The deductible limits should not change the plan's overall value, except that plans at the 'bronze level' may have higher deductibles if necessary to meet cost standards. Importantly, deductibles cannot apply to preventive services. This law is in alignment with the federal Affordable Care Act.

(a)Copy CA Health & Safety Code § 1367.007(a)
(1)Copy CA Health & Safety Code § 1367.007(a)(1) For a small employer health care service plan contract offered, sold, or renewed on or after January 1, 2014, the deductible under the plan shall not exceed:
(A)CA Health & Safety Code § 1367.007(a)(1)(A) Two thousand dollars ($2,000) in the case of a plan contract covering a single individual.
(B)CA Health & Safety Code § 1367.007(a)(1)(B) Four thousand dollars ($4,000) in the case of any other plan contract.
(2)CA Health & Safety Code § 1367.007(a)(2) The dollar amounts in this section shall be indexed consistent with Section 1302(c)(4) of PPACA and any federal rules or guidance pursuant to that section.
(3)CA Health & Safety Code § 1367.007(a)(3) The limitation in this subdivision shall be applied in a manner that does not affect the actuarial value of any small employer health care service plan contract.
(4)CA Health & Safety Code § 1367.007(a)(4) For small group products at the bronze level of coverage, as defined in Section 1367.008, the department may permit plans to offer a higher deductible in order to meet the actuarial value requirement of the bronze level. In making this determination, the department shall consider affordability of cost sharing for enrollees and shall also consider whether enrollees may be deterred from seeking appropriate care because of higher cost sharing.
(b)CA Health & Safety Code § 1367.007(b) Nothing in this section shall be construed to allow a plan contract to have a deductible that applies to preventive services as defined in Section 1367.002.
(c)CA Health & Safety Code § 1367.007(c) “PPACA” means the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and any rules, regulations, or guidance issued thereunder.

Section § 1367.07

Explanation

This law requires health care service plans to report to the department within one year after an assessment on cultural appropriateness. They must cover several areas: (a) collecting data about enrollees' demographics, (b) educating staff who interact with enrollees about their diverse needs, (c) promoting workforce diversity through hiring, (d) evaluating their programs based on enrollee feedback, (e) informing providers about the ethnic mix of enrollees and relevant strategies, and (f) providing educational information to enrollees about services offered. The plans should use existing communication methods where possible.

Within one year after a health care service plan’s assessment pursuant to subdivision (b) of Section 1367.04, the health care service plan shall report to the department, in a format specified by the department, regarding internal policies and procedures related to cultural appropriateness in each of the following contexts:
(a)CA Health & Safety Code § 1367.07(a) Collection of data regarding the enrollee population pursuant to the health care service plan’s assessment conducted in accordance with subdivision (b) of Section 1367.04.
(b)CA Health & Safety Code § 1367.07(b) Education of health care service plan staff who have routine contact with enrollees regarding the diverse needs of the enrollee population.
(c)CA Health & Safety Code § 1367.07(c) Recruitment and retention efforts that encourage workforce diversity.
(d)CA Health & Safety Code § 1367.07(d) Evaluation of the health care service plan’s programs and services with respect to the plan’s enrollee population, using processes such as an analysis of complaints and satisfaction survey results.
(e)CA Health & Safety Code § 1367.07(e) The periodic provision of information regarding the ethnic diversity of the plan’s enrollee population and any related strategies to plan providers. Plans may use existing means of communication.
(f)CA Health & Safety Code § 1367.07(f) The periodic provision of educational information to plan enrollees on the plan’s services and programs. Plans may use existing means of communication.

Section § 1367.7

Explanation

Starting January 1, 1980, any group health insurance plan that includes maternity coverage must also offer coverage for prenatal genetic testing in high-risk pregnancies. This requirement applies to plans covering hospital, medical, or surgical costs. Additionally, insurers must inform all existing and potential group clients about this available coverage.

On and after January 1, 1980, every health care service plan contract that covers hospital, medical, or surgical expenses on a group basis, and which offers maternity coverage in such groups, shall also offer coverage for prenatal diagnosis of genetic disorders of the fetus by means of diagnostic procedures in cases of high-risk pregnancy. Every health care service plan shall communicate the availability of such coverage to all group contract holders and to all groups with whom they are negotiating.

Section § 1367.008

Explanation

This law outlines different levels of health insurance coverage available in California's nongrandfathered individual market, specifying bronze, silver, gold, and platinum plans, which cover 60%, 70%, 80%, and 90% of healthcare costs, respectively. These coverage levels must align with a specific range and depend on essential health benefits. There is also a provision for catastrophic plans, which offer limited coverage until the enrollee reaches certain out-of-pocket costs, with some restrictions regarding who can purchase them. These plans can be purchased by individuals under 30 or those with a hardship exemption. The law references the federal Patient Protection and Affordable Care Act for guidelines.

(a)CA Health & Safety Code § 1367.008(a) Levels of coverage for the nongrandfathered individual market are defined as follows:
(1)CA Health & Safety Code § 1367.008(a)(1) Bronze level: A health care service plan contract in the bronze level shall provide a level of coverage that is actuarially equivalent to 60 percent of the full actuarial value of the benefits provided under the plan contract.
(2)CA Health & Safety Code § 1367.008(a)(2) Silver level: A health care service plan contract in the silver level shall provide a level of coverage that is actuarially equivalent to 70 percent of the full actuarial value of the benefits provided under the plan contract.
(3)CA Health & Safety Code § 1367.008(a)(3) Gold level: A health care service plan contract in the gold level shall provide a level of coverage that is actuarially equivalent to 80 percent of the full actuarial value of the benefits provided under the plan contract.
(4)CA Health & Safety Code § 1367.008(a)(4) Platinum level: A health care service plan contract in the platinum level shall provide a level of coverage that is actuarially equivalent to 90 percent of the full actuarial value of the benefits provided under the plan contract.
(b)CA Health & Safety Code § 1367.008(b) Actuarial value for nongrandfathered individual health care service plan contracts shall be determined in accordance with the following:
(1)CA Health & Safety Code § 1367.008(b)(1) Actuarial value shall not vary by more than plus or minus 2 percent.
(2)CA Health & Safety Code § 1367.008(b)(2) Actuarial value shall be determined on the basis of essential health benefits as defined in Section 1367.005 and as provided to a standard, nonelderly population. For this purpose, a standard population shall not include those receiving coverage through the Medi-Cal or Medicare programs.
(3)CA Health & Safety Code § 1367.008(b)(3) The department may use the actuarial value methodology developed consistent with Section 1302(d) of PPACA.
(4)CA Health & Safety Code § 1367.008(b)(4) The actuarial value for pediatric dental benefits, whether offered by a full service plan or a specialized plan, shall be consistent with federal law and guidance applicable to the plan type.
(5)CA Health & Safety Code § 1367.008(b)(5) The department, in consultation with the Department of Insurance and the Exchange, shall consider whether to exercise state-level flexibility with respect to the actuarial value calculator in order to take into account the unique characteristics of the California health care coverage market, including the prevalence of health care service plans, total cost of care paid for by the plan, price of care, patterns of service utilization, and relevant demographic factors.
(c)Copy CA Health & Safety Code § 1367.008(c)
(1)Copy CA Health & Safety Code § 1367.008(c)(1) A catastrophic plan is a health care service plan contract that provides no benefits for any plan year until the enrollee has incurred cost-sharing expenses in an amount equal to the annual limit on out-of-pocket costs as specified in Section 1367.006 except that it shall provide coverage for at least three primary care visits. A carrier that is not participating in the Exchange shall not offer, market, or sell a catastrophic plan in the individual market.
(2)CA Health & Safety Code § 1367.008(c)(2) A catastrophic plan may be offered only in the individual market and only if consistent with this paragraph. Catastrophic plans may be offered only if either of the following apply:
(A)CA Health & Safety Code § 1367.008(c)(2)(A) The individual purchasing the plan has not yet attained 30 years of age before the beginning of the plan year.
(B)CA Health & Safety Code § 1367.008(c)(2)(B) The individual has a certificate of exemption from Section 5000(A) of the Internal Revenue Code because the individual is not offered affordable coverage or because the individual faces hardship.
(d)CA Health & Safety Code § 1367.008(d) “PPACA” means the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and any rules, regulations, or guidance issued thereunder.

Section § 1367.08

Explanation

This law requires health care service plans to disclose each year to public agencies that subscribe to their group plans, the names, addresses, and payments made to any agents or brokers involved in their transactions. This disclosure is mandatory alongside any other existing compensation disclosure laws.

A health care service plan shall annually disclose to the governing board of a public agency that is the subscriber of a group contract, the name and address of, and amount paid to, any agent, broker, or individual to whom the plan paid fees or commissions related to the public agency’s group contract. As part of this disclosure, the health care service plan shall include the name, address, and amounts paid to the specific agents, brokers, or individuals involved in transactions with the public agency. The compensation disclosure required by this section is in addition to any other compensation disclosure requirements that exist under law.

Section § 1367.8

Explanation

This law ensures that health care plans issued or changed after January 1, 1981, cannot deny or limit coverage, or charge different rates, based solely on a physical or mental impairment. There is an exception if the decision is supported by proven actuarial principles or sound underwriting practices.

However, this rule doesn't apply to certain health maintenance organizations as long as they announce their enrollment periods publicly at least 30 days in advance in a local newspaper.

No plan issuing, providing, or administering any individual or group health care service plan entered into, amended, or issued on or after January 1, 1981, shall refuse to cover, or refuse to continue to cover, or limit the amount, extent or kind of coverage available to an individual, or charge a different rate for the same coverage solely because of a physical or mental impairment, except where the refusal, limitation or rate differential is based on sound actuarial principles applied to actual experience, or, if insufficient actual experience is available, then to sound underwriting practices.
This section shall not apply to a health maintenance organization qualified pursuant to Title XIII of the federal Public Health Service Act if such organization gives public notice 30 days in advance, in a newspaper of general circulation published in the area served by the health maintenance organization, of its open enrollment period required by such act.

Section § 1367.009

Explanation

This section of California law explains the different levels of health coverage available for small businesses not covered by older plans ('nongrandfathered'). These levels include Bronze, Silver, Gold, and Platinum, each covering a different percentage of health care costs—60%, 70%, 80%, and 90% respectively.

The law mandates how these coverage percentages, known as actuarial values, should be calculated and specifies that they should not vary by more than 2% from these targets. It ensures that calculations are based on standard health benefits for non-elderly people, excluding those on government plans like Medicare or Medi-Cal.

Additionally, any contributions employers make to health savings accounts must count toward these actuarial values. The law also empowers the state's public health department to use specific methods and calculators, refined for California's unique market, to determine these values.

(a)CA Health & Safety Code § 1367.009(a) Levels of coverage for the nongrandfathered small group market are defined as follows:
(1)CA Health & Safety Code § 1367.009(a)(1) Bronze level: A health care service plan contract in the bronze level shall provide a level of coverage that is actuarially equivalent to 60 percent of the full actuarial value of the benefits provided under the plan contract.
(2)CA Health & Safety Code § 1367.009(a)(2) Silver level: A health care service plan contract in the silver level shall provide a level of coverage that is actuarially equivalent to 70 percent of the full actuarial value of the benefits provided under the plan contract.
(3)CA Health & Safety Code § 1367.009(a)(3) Gold level: A health care service plan contract in the gold level shall provide a level of coverage that is actuarially equivalent to 80 percent of the full actuarial value of the benefits provided under the plan contract.
(4)CA Health & Safety Code § 1367.009(a)(4) Platinum level: A health care service plan contract in the platinum level shall provide a level of coverage that is actuarially equivalent to 90 percent of the full actuarial value of the benefits provided under the plan contract.
(b)CA Health & Safety Code § 1367.009(b) Actuarial value for nongrandfathered small employer health care service plan contracts shall be determined in accordance with the following:
(1)CA Health & Safety Code § 1367.009(b)(1) Actuarial value shall not vary by more than plus or minus 2 percent.
(2)CA Health & Safety Code § 1367.009(b)(2) Actuarial value shall be determined on the basis of essential health benefits as defined in Section 1367.005 and as provided to a standard, nonelderly population. For this purpose, a standard population shall not include those receiving coverage through the Medi-Cal or Medicare programs.
(3)CA Health & Safety Code § 1367.009(b)(3) The department may use the actuarial value methodology developed consistent with Section 1302(d) of PPACA.
(4)CA Health & Safety Code § 1367.009(b)(4) The actuarial value for pediatric dental benefits, whether offered by a full service plan or a specialized plan, shall be consistent with federal law and guidance applicable to the plan type.
(5)CA Health & Safety Code § 1367.009(b)(5) The department, in consultation with the Department of Insurance and the Exchange, shall consider whether to exercise state-level flexibility with respect to the actuarial value calculator in order to take into account the unique characteristics of the California health care coverage market, including the prevalence of health care service plans, total cost of care paid for by the plan, price of care, patterns of service utilization, and relevant demographic factors.
(6)CA Health & Safety Code § 1367.009(b)(6) Employer contributions toward health reimbursement accounts and health savings accounts shall count toward the actuarial value of the product in the manner specified in federal rules and guidance.
(c)CA Health & Safety Code § 1367.009(c) “PPACA” means the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and any rules, regulations, or guidance issued thereunder.

Section § 1367.09

Explanation

This California law sets out the rules for enrollees with Medicare who are discharged from acute care to return to their prior skilled nursing facility or retirement community. The enrollee can return if they meet residence conditions and their doctors agree it's appropriate. The facility must be within the service area and meet specific standards set by the health care plan, like care quality and administrative procedures. The facility must accept reimbursement from the healthcare plan at agreed rates and cannot charge the enrollee beyond these rates. This reimbursement covers services included in the Medicare contract. The rules don't force facilities to take patients who weren't their residents before. These provisions apply to contracts issued or renewed after January 1, 1999.

(a)CA Health & Safety Code § 1367.09(a)  An enrollee with coverage for Medicare benefits who is discharged from an acute care hospital shall be allowed to return to a skilled nursing facility in which the enrollee resided prior to hospitalization, or the skilled nursing unit of a continuing care retirement community or multilevel facility in which the enrollee is a resident for continuing treatment related to the acute care hospital stay, if all of the following conditions are met:
(1)CA Health & Safety Code § 1367.09(a)(1)  The enrollee is a resident of a continuing care retirement community, as defined in paragraph (10) of subdivision (a) of Section 1771, or is a resident of a multilevel facility, as defined in paragraph (9) of subdivision (d) of Section 15432 of the Government Code, or has resided for at least 60 days in a skilled nursing facility, as defined in Section 1250, that serves the needs of special populations, including religious and cultural groups.
(2)CA Health & Safety Code § 1367.09(a)(2)  The primary care physician, and the treating physician if appropriate, in consultation with the patient, determines that the medical care needs of the enrollee, including continuity of care, can be met in the skilled nursing facility, or the skilled nursing unit of the continuing care retirement community, or multilevel facility. If a determination not to return the patient to the facility is made, the physician shall document reasons in the patient’s medical record and share that written explanation with the patient.
(3)CA Health & Safety Code § 1367.09(a)(3)  The skilled nursing facility, continuing care retirement facility, or multilevel facility is within the service area and agrees to abide by the plan’s standards and terms and conditions related to the following:
(A)CA Health & Safety Code § 1367.09(a)(3)(A)  Utilization review, quality assurance, peer review, and access to health care services.
(B)CA Health & Safety Code § 1367.09(a)(3)(B)  Management and administrative procedures, including data and financial reporting that may be required by the plan.
(C)CA Health & Safety Code § 1367.09(a)(3)(C)  Licensing and certification as required by Section 1367.
(D)CA Health & Safety Code § 1367.09(a)(3)(D)  Appropriate certification of the facility by the Health Care Financing Administration or other federal and state agencies.
(4)Copy CA Health & Safety Code § 1367.09(a)(4)
(A)Copy CA Health & Safety Code § 1367.09(a)(4)(A)  The skilled nursing facility, multilevel facility, or continuing care retirement community agrees to accept reimbursement from the health care service plan for covered services at either of the following rates:
(i)CA Health & Safety Code § 1367.09(a)(4)(A)(i)  The rate applicable to similar skilled nursing coverage for facilities participating in the plan.
(ii)CA Health & Safety Code § 1367.09(a)(4)(A)(ii)  Upon mutual agreement, at a rate negotiated in good faith by the health care service plan or designated agent on an individual, per enrollee, contractual basis.
(B)CA Health & Safety Code § 1367.09(a)(4)(A)(B) Reimbursement shall not necessarily be based on actual costs and may be comparable to similar skilled nursing facility reimbursement methods available for other plan contracted facilities available to the individual member.
(b)CA Health & Safety Code § 1367.09(b)  The health care service plan, or designated agent, shall be required to reimburse the skilled nursing facility, continuing care retirement facility, or multilevel facility at the rate agreed to in paragraph (4) of subdivision (a).
(c)CA Health & Safety Code § 1367.09(c)  No skilled nursing facility, multilevel facility, or continuing care retirement community shall collect, or attempt to collect, or maintain any action of law, against a subscriber or enrollee to collect reimbursement owed by the health care service plan for health care services provided pursuant to this section, or for any amount in excess of the payment amount that the facility has agreed to accept in its agreement with the health care service plan.
(d)CA Health & Safety Code § 1367.09(d)  Reimbursement by the health care service plan or designated agent shall be for those services included in the Medicare risk contract between the health care service plan and enrollee.
(e)CA Health & Safety Code § 1367.09(e)  Nothing in this section requires a skilled nursing facility, continuing care retirement facility, or multilevel facility to accept as a skilled nursing unit patient anyone other than a resident of the facility.
(f)CA Health & Safety Code § 1367.09(f)  This section shall apply to a health care service plan contract that is issued, amended, or renewed on or after January 1, 1999.

Section § 1367.9

Explanation

This law ensures that health care service plans in California cannot discriminate against conditions related to diethylstilbestrol (DES), a drug previously used in pregnancy, by excluding or limiting coverage. Any plan that tries to do so after January 1, 1981, is invalid.

No health care service plan contract which covers hospital, medical, or surgical expenses shall be issued, amended, delivered, or renewed in this state on or after January 1, 1981, if it contains any exclusion, reduction, or other limitations, as to coverage, deductibles, or coinsurance or copayment provisions applicable solely to conditions attributable to diethylstilbestrol or exposure to diethylstilbestrol.
Any provision in any contract issued, amended, delivered, or renewed in this state on or after January 1, 1981, which is in conflict with this section shall be of no force or effect.

Section § 1367.010

Explanation

Health care plans that are not considered "grandfathered" must offer large group plans with a minimum value of 60% or more, when sold or renewed. This rule does not apply to certain limited coverage plans mentioned in federal regulations. "Large group" plans do not include those for small businesses. The 60% minimum value is calculated based on federal guidelines. "Plan year" follows a specific definition in federal regulations.

(a)Copy CA Health & Safety Code § 1367.010(a)
(1)Copy CA Health & Safety Code § 1367.010(a)(1) A nongrandfathered health care service plan, except a health care service plan offering a specialized health care service plan contract, that offers, amends, or renews a large group health care service plan contract shall not market, offer, amend, or renew a large group plan contract that provides a minimum value of less than 60 percent.
(2)CA Health & Safety Code § 1367.010(a)(2) This section shall not apply to limited wraparound coverage, consistent with Section 146.145(b) of Title 45 of the Code of Federal Regulations.
(b)CA Health & Safety Code § 1367.010(b) For purposes of this section, a plan shall provide a minimum value of at least 60 percent, as described in Section 36B(c)(2)(C) of the federal Internal Revenue Code and any regulation or guidance adopted under that section.
(c)CA Health & Safety Code § 1367.010(c) The following definitions apply for purposes of this section:
(1)CA Health & Safety Code § 1367.010(c)(1) “Large group health care service plan contract” means a group health care service plan contract other than a contract issued to a “small employer,” as defined in Section 1357, 1357.500, or 1357.600.
(2)CA Health & Safety Code § 1367.010(c)(2) “Plan year” has the meaning set forth in Section 144.103 of Title 45 of the Code of Federal Regulations.

Section § 1367.10

Explanation

This law requires health care service plans to give clear information about how being in the plan might limit your choice of doctors, hospitals, or other providers. They must explain how they pay these providers and if there are any financial bonuses or incentives involved. People can ask for more details about these financial incentives.

If someone asks, the plan or provider must share a summary about any bonuses or incentives and how these relate to referrals. All this information should be straightforward, so consumers can compare different plans. Additionally, prospective enrollees must be clearly informed that joining a plan could affect their choice of providers. If there's a list of providers, it should include a notice that a full list of facilities offering specific types of care can be requested.

(a)CA Health & Safety Code § 1367.10(a) Every health care service plan shall include within its disclosure form and within its evidence of coverage a statement clearly describing how participation in the plan may affect the choice of physician, hospital, or other health care providers, the basic method of reimbursement, including the scope and general methods of payment made to its contracting providers of health care services, and whether financial bonuses or any other incentives are used. The disclosure form and evidence of coverage shall indicate that if an enrollee wishes to know more about these issues, the enrollee may request additional information from the health care service plan, the enrollee’s provider, or the provider’s medical group or independent practice association regarding the information required pursuant to subdivision (b).
(b)CA Health & Safety Code § 1367.10(b) If a plan, medical group, independent practice association, or participating health care provider uses or receives financial bonuses or any other incentives, the plan, medical group, independent practice association, or health care provider shall provide a written summary to any person who requests it that includes all of the following:
(1)CA Health & Safety Code § 1367.10(b)(1) A general description of the bonus and any other incentive arrangements used in its compensation agreements. Nothing in this section shall be construed to require disclosure of trade secrets or commercial or financial information that is privileged or confidential, such as payment rates, as determined by the director, pursuant to state law.
(2)CA Health & Safety Code § 1367.10(b)(2) A description regarding whether, and in what manner, the bonuses and any other incentives are related to a provider’s use of referral services.
(c)CA Health & Safety Code § 1367.10(c) The statements and written information provided pursuant to subdivisions (a) and (b) shall be communicated in clear and simple language that enables consumers to evaluate and compare health care service plans.
(d)CA Health & Safety Code § 1367.10(d) The plan shall clearly inform prospective enrollees that participation in that plan will affect the person’s choice of provider by placing the following statement in a conspicuous place on all material required to be given to prospective enrollees including promotional and descriptive material, disclosure forms, and certificates and evidences of coverage:
It is not the intent of this section to require that the names of individual health care providers be enumerated to prospective enrollees.
If the health care service plan provides a list of providers to patients or contracting providers, the plan shall include within the provider listing a notification that enrollees may contact the plan in order to obtain a list of the facilities with which the health care service plan is contracting for subacute care and/or transitional inpatient care.

Section § 1367.012

Explanation

This law allows small employer health plans that were active as of December 31, 2013, and not grandfathered by the Affordable Care Act (ACA), to be renewed until the end of 2015. After 2015, these plans can continue if they are updated to meet the law's requirements by 2016. Health plans must notify employers about their option to renew, explaining that newer plans may offer better benefits and federal tax credits through Covered California.

Employers must be informed about other available plans' costs and benefits. Plans renewed through 2015 are exempt from certain requirements, but must comply with specific statutes by January 1, 2016. The law can only be applied as long as it aligns with the ACA, and specific terms are defined to clarify the application.

(a)Copy CA Health & Safety Code § 1367.012(a)
(1)Copy CA Health & Safety Code § 1367.012(a)(1) A small employer health care service plan contract in effect on December 31, 2013, and still in effect as of the effective date of this section, that does not qualify as a grandfathered health plan under Section 1251 of PPACA may be renewed until January 1, 2015, and may continue to be in force until December 31, 2015, subject to applicable federal law, and any other requirements imposed by this chapter.
(2)CA Health & Safety Code § 1367.012(a)(2) A small employer health care service plan contract described in paragraph (1) may continue to be in force after December 31, 2015, if the contract is amended to comply with all of the provisions listed in subdivision (e) by January 1, 2016, and complies with all other applicable provisions of law.
(b)Copy CA Health & Safety Code § 1367.012(b)
(1)Copy CA Health & Safety Code § 1367.012(b)(1) If a health care service plan offers for renewal a small employer health care service plan contract pursuant to paragraph (1) of subdivision (a), the health care service plan shall provide notice to the group contractholder regarding the option to renew coverage pursuant to subdivision (a) using the relevant notice attached to the guidance entitled “Insurance Standards Bulletin Series – Extension of Transition Policy through October 1, 2016,” issued by the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services on March 5, 2014.
(2)CA Health & Safety Code § 1367.012(b)(2) A health care service plan shall include the following notice with the notice issued pursuant to paragraph (1):
“New health care coverage options are available in California. You currently have health care coverage that is not required to comply with many new laws. A new health care service plan contract may be more affordable and/or offer more comprehensive benefits. New plans may also have limits on deductibles and out-of-pocket costs, while your existing plan may have no such limits.
You have the option to remain with your current coverage for one more year or switch to new coverage that complies with the new laws. Covered California, the state’s new health insurance marketplace, offers small employers health insurance from a number of companies through its Small Business Health Options Program (SHOP). Federal tax credits are available through the SHOP to those small employers that qualify. Talk to Covered California (1-877-453-9198), your plan representative, or your insurance agent to discuss your options.”
(3)CA Health & Safety Code § 1367.012(3) A health care service plan shall include with the notices issued pursuant to paragraphs (1) and (2), the premium, cost sharing, and benefits associated with the plan’s standard benefit designs approved consistent with subdivision (c) of Section 100504 of the Government Code for the geographic region of the small employer.
(4)CA Health & Safety Code § 1367.012(4) A health care service plan that offers for renewal a small employer health care service plan contract pursuant to paragraph (1) of subdivision (a) shall offer renewal to all employers whose health care service plan contract with that health care service plan was in effect on December 31, 2013.
(c)Copy CA Health & Safety Code § 1367.012(c)
(1)Copy CA Health & Safety Code § 1367.012(c)(1) A small employer health care service plan contract in effect on December 31, 2013, and still in effect as of the effective date of this section, that does not qualify as a grandfathered health plan under Section 1251 of PPACA that is renewed on or before January 1, 2015, and that continues to be in force until no later than December 31, 2015, is exempt from the following provisions:
(A)CA Health & Safety Code § 1367.012(c)(1)(A) Paragraphs (1) and (2) of subdivision (a) of, and subdivisions (e) and (i) of, Section 1357.503.
(B)CA Health & Safety Code § 1367.012(c)(1)(B) Section 1357.512.
(C)CA Health & Safety Code § 1367.012(c)(1)(C) Sections 1367.005 and 1357.508.
(D)CA Health & Safety Code § 1367.012(c)(1)(D) Section 1367.0065.
(E)CA Health & Safety Code § 1367.012(c)(1)(E) Section 1367.006.
(F)CA Health & Safety Code § 1367.012(c)(1)(F) Section 1367.007.
(G)CA Health & Safety Code § 1367.012(c)(1)(G) Section 1367.009.
(2)CA Health & Safety Code § 1367.012(c)(2) Notwithstanding paragraphs (1) and (2) of subdivision (a) of, and subdivision (e) of, Section 1357.503, a small employer health care service plan contract subject to this section shall only be offered, marketed, and sold to an employer whose health care service plan contract with that health care service plan was in effect on December 31, 2013.
(d)CA Health & Safety Code § 1367.012(d) A small employer health care service plan contract described in paragraph (1) of subdivision (a) shall be subject to Sections 1357.12 and 1357.13, and shall continue to be subject to Article 3.16 (commencing with Section 1357.500), except as provided in subdivision (c), and to all otherwise applicable provisions of this chapter.
(e)CA Health & Safety Code § 1367.012(e) No later than January 1, 2016, a small employer health care service plan contract described in paragraph (1) of subdivision (a) may be amended to comply with all of the following:
(1)CA Health & Safety Code § 1367.012(e)(1) Paragraphs (1) and (2) of subdivision (a) of, and subdivisions (e) and (i) of, Section 1357.503.
(2)CA Health & Safety Code § 1367.012(e)(2) Section 1357.512.
(3)CA Health & Safety Code § 1367.012(e)(3) Sections 1357.508 and 1367.005.
(4)CA Health & Safety Code § 1367.012(e)(4) Section 1367.006.
(5)CA Health & Safety Code § 1367.012(e)(5) Section 1367.007.
(6)CA Health & Safety Code § 1367.012(e)(6) Section 1367.009.
(f)CA Health & Safety Code § 1367.012(f) This section shall be implemented only to the extent permitted by PPACA.
(g)CA Health & Safety Code § 1367.012(g) For purposes of this section, the following definitions shall apply:
(1)CA Health & Safety Code § 1367.012(g)(1) “PPACA” means the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and any rules, regulations, or guidance issued pursuant to that law.
(2)CA Health & Safety Code § 1367.012(g)(2) “Small employer health care service plan contract” means a group health care service plan contract, other than a specialized health care service plan contract, issued to a small employer, as defined in subdivision (s) of Section 1357.500.

Section § 1367.12

Explanation

This law mandates that any health care service plan managing Medicare and federal employee programs cannot demand more than one form per claim to process payments or reimbursements. Essentially, they have to keep it simple and efficient by using a single form per claim.

No health care service plan that administers Medicare coverage and federal employee programs may require that more than one form be submitted per claim in order to receive payment or reimbursement under any or all of those policies or programs.

Section § 1367.015

Explanation

This law states that when a health care service plan is deciding whether to approve, change, or deny requests for mental health services, they cannot base their decision on whether the admission to the hospital was voluntary or involuntary, or on how the patient was transported to the health facility.

In addition to complying with subdivision (h) of Section 1367.01, in determining whether to approve, modify, or deny requests by providers prior to, retrospectively, or concurrent with the provision of health care services to enrollees, based in whole or in part on medical necessity, a health care service plan subject to Section 1367.01 shall not base decisions to deny requests by providers for authorization for mental health services or to deny claim reimbursement for mental health services on either of the following:
(a)CA Health & Safety Code § 1367.015(a) Whether admission was voluntary or involuntary.
(b)CA Health & Safety Code § 1367.015(b) The method of transportation to the health facility.

Section § 1367.15

Explanation

This law focuses on health care service plans, specifically concerning "blocks of business" for individual contracts and small employer groups with fewer than two eligible employees. A "block of business" refers to a group of insurance plans with the same terms and benefits. A "closed block of business" is a group of plans where the insurer stops selling new contracts.

Insurers can't close a block of business unless they allow existing members to access other open plans with similar terms without new health evaluations, or they use financial data from both open and closed blocks to set premiums without unfair hikes. A block of business is presumed closed if it loses 12% of its contracts in 12 months or falls below 1,000 enrollees, with some exceptions.

Health care plans must notify authorities of any block closures and document the closure process for five years. They are prohibited from misleading practices about block statuses. The law also outlines compliance timelines for existing closed blocks and areas it does not apply to, such as certain small employer and Medicare-related plans.

(a)CA Health & Safety Code § 1367.15(a) This section shall apply to individual health care service plan contracts and plan contracts sold to employer groups with fewer than two eligible employees as defined in subdivision (b) of Section 1357 covering hospital, medical, or surgical expenses, which is issued, amended, delivered, or renewed on or after January 1, 1994.
(b)CA Health & Safety Code § 1367.15(b) As used in this section, “block of business” means individual plan contracts or plan contracts sold to employer groups with fewer than two eligible employees as defined in subdivision (b) of Section 1357, with distinct benefits, services, and terms. A “closed block of business” means a block of business for which a health care service plan ceases to actively offer or sell new plan contracts.
(c)CA Health & Safety Code § 1367.15(c) No block of business shall be closed by a health care service plan unless (1) the plan permits an enrollee to receive health care services from any block of business that is not closed and that provides comparable benefits, services, and terms, with no additional underwriting requirement, or (2) the plan pools the experience of the closed block of business with all appropriate blocks of business that are not closed for the purpose of determining the premium rate of any plan contract within the closed block, with no rate penalty or surcharge beyond that which reflects the experience of the combined pool.
(d)CA Health & Safety Code § 1367.15(d) A block of business shall be presumed closed if either of the following is applicable:
(1)CA Health & Safety Code § 1367.15(d)(1) There has been an overall reduction in that block of 12 percent in the number of in force plan contracts for a period of 12 months.
(2)CA Health & Safety Code § 1367.15(d)(2) That block has less than 1,000 enrollees in this state. This presumption shall not apply to a block of business initiated within the previous 24 months, but notification of that block shall be provided to the director pursuant to subdivision (e).
The fact that a block of business does not meet one of the presumptions set forth in this subdivision shall not preclude a determination that it is closed as defined in subdivision (b).
(e)CA Health & Safety Code § 1367.15(e) A health care service plan shall notify the director in writing within 30 days of its decision to close a block of business or, in the absence of an actual decision to close a block of business, within 30 days of its determination that a block of business is within the presumption set forth in subdivision (d). When the plan decides to close a block, the written notice shall fully disclose all information necessary to demonstrate compliance with the requirements of subdivision (c). When the plan determines that a block is within the presumption, the written notice shall fully disclose all information necessary to demonstrate that the presumption is applicable. In the case of either notice, the plan shall provide additional information within 15 days after any request of the director.
(f)CA Health & Safety Code § 1367.15(f) A health care service plan shall preserve for a period of not less than five years in an identified location and readily accessible for review by the director all books and records relating to any action taken by a plan pursuant to subdivision (c).
(g)CA Health & Safety Code § 1367.15(g) No health care service plan shall offer or sell any contract, or provide misleading information about the active or closed status of a block of business, for the purpose of evading this section.
(h)CA Health & Safety Code § 1367.15(h) A health care service plan shall bring any blocks of business closed prior to the effective date of this section into compliance with the terms of this section no later than December 31, 1994.
(i)CA Health & Safety Code § 1367.15(i) This section shall not apply to health care service plan contracts providing small employer health coverage to individuals or employer groups with fewer than two eligible employees if that coverage is provided pursuant to Article 3.1 (commencing with Section 1357) and, with specific reference to coverage for individuals or employer groups with fewer than two eligible employees, is approved by the director pursuant to Section 1357.15, provided a plan electing to sell coverage pursuant to this subdivision shall do so until such time as the plan ceases to market coverage to small employers and complies with paragraph (5) of subdivision (a) of Section 1365.
(j)CA Health & Safety Code § 1367.15(j) This section shall not apply to coverage of Medicare services pursuant to contracts with the United States government, Medicare supplement, dental, vision, or conversion coverage.

Section § 1367.016

Explanation

This law requires that health care service plans must accept premium payments from certain third parties without extra requirements, like government programs or family members, but not from financially interested entities unless they meet specific conditions.

If financially interested entities wish to make these payments, they must provide full-year assistance, notify enrollees of any changes, and not condition assistance on specific treatments or coverage. They must also disclose enrollee information and ensure payments are based on financial need.

Financially interested entities have a structured reimbursement process with varying terms based on their relationship with the health care provider and must participate in an independent dispute resolution process for payment disagreements.

Health care plans can recoup overpayments with interest if third parties fail in disclosure, and must report details of third-party payments annually. The law includes protections against coverage denial based on third-party payments and maintains existing privacy laws.

(a)CA Health & Safety Code § 1367.016(a) A health care service plan shall accept premium payments from the following third-party entities without the need to comply with subdivision (c):
(1)CA Health & Safety Code § 1367.016(a)(1) A Ryan White HIV/AIDS Program under Title XXVI of the federal Public Health Service Act.
(2)CA Health & Safety Code § 1367.016(a)(2) An Indian tribe, tribal organization, or urban Indian organization.
(3)CA Health & Safety Code § 1367.016(a)(3) A local, state, or federal government program, including a grantee directed by a government program to make payments on its behalf.
(4)CA Health & Safety Code § 1367.016(a)(4) A member of the individual’s family, defined for purposes of this section to include the individual’s spouse, domestic partner, child, parent, grandparent, and siblings, unless the true source of funds used to make the premium payment originates with a financially interested entity.
(b)CA Health & Safety Code § 1367.016(b) A financially interested entity that is not specified in subdivision (a) and is making third-party premium payments shall comply with all of the following requirements:
(1)CA Health & Safety Code § 1367.016(b)(1) It shall provide assistance for the full plan year and notify the enrollee prior to an open enrollment period, if applicable, if financial assistance will be discontinued. Notification shall include information regarding alternative coverage options, including, but not limited to, Medicare, Medicaid, individual market plans, and employer plans, if applicable. Assistance may be discontinued at the request of an enrollee who obtains other health coverage, or if the enrollee dies during the plan year.
(2)CA Health & Safety Code § 1367.016(b)(2) It shall agree not to condition financial assistance on eligibility for, or receipt of, any surgery, transplant, procedure, drug, or device.
(3)CA Health & Safety Code § 1367.016(b)(3) It shall inform an applicant of financial assistance, and shall inform a recipient annually, of all available health coverage options, including, but not limited to, Medicare, Medicaid, individual market plans, and employer plans, if applicable.
(4)CA Health & Safety Code § 1367.016(b)(4) It shall agree not to steer, direct, or advise the patient into or away from a specific coverage program option or health care service plan contract.
(5)CA Health & Safety Code § 1367.016(b)(5) It shall agree that financial assistance shall not be conditioned on the use of a specific facility, health care provider, or coverage type.
(6)CA Health & Safety Code § 1367.016(b)(6) It shall agree that financial assistance shall be based on financial need in accordance with criteria that are uniformly applied and publicly available.
(c)CA Health & Safety Code § 1367.016(c) A financially interested entity shall not make a third-party premium payment unless the entity complies with both of the following requirements:
(1)CA Health & Safety Code § 1367.016(c)(1) Annually provides a statement to the health care service plan that it meets the requirements set forth in subdivision (b), as applicable.
(2)CA Health & Safety Code § 1367.016(c)(2) Discloses to the health care service plan, prior to making the initial payment, the name of the enrollee for each health care service plan contract on whose behalf a third-party premium payment described in this section will be made.
(d)Copy CA Health & Safety Code § 1367.016(d)
(1)Copy CA Health & Safety Code § 1367.016(d)(1) Reimbursement for enrollees for whom a nonprofit financially interested entity described in paragraph (2) of subdivision (h) that was already making premium payments to a health care service plan on the enrollee’s behalf prior to October 1, 2019, is not subject to subdivisions (e) and (f) and the financially interested entity is not required to comply with the disclosure requirements described in subdivision (c) for those enrollees.
(2)CA Health & Safety Code § 1367.016(d)(2) Notwithstanding paragraph (1), a financially interested entity shall comply with the disclosure requirements of subdivision (c) for an enrollee on whose behalf the financially interested entity was making premium payments to a health care service plan on the enrollee’s behalf prior to October 1, 2019, if the enrollee changes health care service plans on or after March 1, 2020.
(3)CA Health & Safety Code § 1367.016(d)(3) The amount of reimbursement for services paid to a financially interested provider shall be governed by the terms of the enrollee’s health care service plan contract, except for an enrollee who has changed health care service plans pursuant to paragraph (2), in which case, commencing January 1, 2022, the reimbursement amount shall be determined in accordance with subdivisions (e) and (f).
(e)CA Health & Safety Code § 1367.016(e) Commencing January 1, 2022, if a financially interested entity makes a third-party premium payment to a health care service plan on behalf of an enrollee, reimbursement to a provider who is also a financially interested entity for covered services provided shall be determined by the following:
(1)CA Health & Safety Code § 1367.016(e)(1) For a contracted financially interested provider that makes a third-party premium payment or has a financial relationship with the entity making the third-party premium payment, the amount of reimbursement for covered services that shall be paid to the financially interested provider on behalf of the enrollee shall be the higher of the Medicare reimbursement or the rate determined pursuant to the process described in this subdivision, if a rate determination pursuant to that process is sought by either the provider or the health care service plan. Financially interested providers shall neither bill the enrollee nor seek reimbursement from the enrollee for services provided, except for cost sharing pursuant to the terms and conditions of the enrollee’s health care service plan contract. If an enrollee’s contract imposes a coinsurance payment for a claim that is subject to this paragraph, the coinsurance payment shall be based on the amount paid by the health care service plan pursuant to this paragraph.
(2)CA Health & Safety Code § 1367.016(e)(2) For a noncontracting financially interested provider that makes a third-party premium payment or has a financial relationship with the entity making the third-party premium payment, the amount of reimbursement for covered services that shall be paid to the financially interested provider on behalf of the enrollee shall be governed by the terms and conditions of the enrollee’s health care service plan contract or the rate determined pursuant to the process described in this subdivision, whichever is lower, if a rate determination pursuant to that process is sought by either the provider or the health care service plan. Financially interested providers shall neither bill the enrollee nor seek reimbursement from the enrollee for services provided, except for cost sharing pursuant to the terms and conditions of the enrollee’s health care service plan contract. If an enrollee’s contract imposes a coinsurance payment for a claim that is subject to this paragraph, the coinsurance payment shall be based on the amount paid by the health care service plan pursuant to this paragraph. A claim submitted to a health care service plan by a noncontracting financially interested provider may be considered an incomplete claim and contested by the health care service plan pursuant to Section 1371 or 1371.35 if the financially interested provider has not provided the information as required in subdivision (c).
(f)Copy CA Health & Safety Code § 1367.016(f)
(1)Copy CA Health & Safety Code § 1367.016(f)(1) By October 1, 2021, the department shall establish an independent dispute resolution process for the purpose of determining if the amount required to be reimbursed by subdivision (e) is appropriate.
(2)CA Health & Safety Code § 1367.016(f)(2) If either the provider or health care service plan submits a claim to the department’s independent dispute resolution process, the other party shall participate in the independent dispute resolution process.
(3)CA Health & Safety Code § 1367.016(f)(3) In making its determination, the independent organization shall consider information submitted by either party regarding the actual cost to provide services, patient eligibility for Medicare or Medi-Cal, and the rate that would be paid by Medicare or Medi-Cal for patients eligible for those programs.
(4)CA Health & Safety Code § 1367.016(f)(4) The health care service plan shall implement the determination obtained through the independent dispute resolution process. The independent organization’s determination of the amount required to be reimbursed shall apply for the duration of the plan year for that enrollee. If dissatisfied, either party may pursue any right, remedy, or penalty established under any other applicable law.
(5)CA Health & Safety Code § 1367.016(f)(5) In establishing the independent dispute resolution process, the department shall permit the bundling of claims submitted to the same plan or the same delegated entity for the same or similar services. The department shall permit claims on behalf of multiple enrollees from the same provider to the same health care service plan to be combined into a single independent dispute resolution process.
(6)CA Health & Safety Code § 1367.016(f)(6) The department shall establish uniform written procedures for the submission, receipt, processing, and resolution of claim payment disputes pursuant to this section and any other guidelines for implementing this section.
(7)CA Health & Safety Code § 1367.016(f)(7) The department shall establish reasonable and necessary fees not to exceed the reasonable costs of administering this subdivision.
(8)CA Health & Safety Code § 1367.016(f)(8) The department may contract with one or more independent organizations to conduct the proceedings. The independent organization handling a dispute shall be independent of either party to the dispute.
(9)CA Health & Safety Code § 1367.016(f)(9) The department shall use conflict-of-interest standards consistent with the standards pursuant to subdivisions (c) and (d) of Section 1374.32.
(10)CA Health & Safety Code § 1367.016(f)(10) The department may contract with the same independent organization or organizations as the Department of Insurance.
(11)CA Health & Safety Code § 1367.016(f)(11) The independent organization retained to conduct proceedings shall be deemed to be consultants for purposes of Section 43.98 of the Civil Code.
(12)CA Health & Safety Code § 1367.016(f)(12) Contracts entered into pursuant to the authority in this subdivision shall be exempt from Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, Section 19130 of the Government Code, and Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, and shall be exempt from the review or approval of any division of the Department of General Services.
(13)CA Health & Safety Code § 1367.016(f)(13) This subdivision does not alter a health care service plan’s obligations under Section 1371.
(14)CA Health & Safety Code § 1367.016(f)(14) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section by means of all-plan letters or similar instructions, without taking regulatory action, until regulations are adopted.
(g)CA Health & Safety Code § 1367.016(g) For the purposes of this section, third-party premium payments only include health care service plan premium payments made directly by a provider or other third party, made indirectly through payments to the individual for the purpose of making health care service plan premium payments, or provided to one or more intermediaries with the intention that the funds be used to make health care service plan premium payments for the individuals.
(h)CA Health & Safety Code § 1367.016(h) The following definitions apply for purposes of this section:
(1)CA Health & Safety Code § 1367.016(h)(1) “Enrollee” means an individual whose health care service plan premiums are paid by a financially interested entity.
(2)CA Health & Safety Code § 1367.016(h)(2) “Financially interested” includes any of the following entities:
(A)CA Health & Safety Code § 1367.016(h)(2)(A) A provider of health care services that receives a direct or indirect financial benefit from a third-party premium payment.
(B)CA Health & Safety Code § 1367.016(h)(2)(B) An entity that receives the majority of its funding from one or more financially interested providers of health care services, parent companies of providers of health care services, subsidiaries of health care service providers, or related entities.
(C)CA Health & Safety Code § 1367.016(h)(2)(C) A chronic dialysis clinic that is operated, owned, or controlled by a parent entity or related entity that meets the definition of a large dialysis clinic organization (LDO) under the federal Centers for Medicare and Medicaid Services Comprehensive ESRD Care Model as of January 1, 2019. A chronic dialysis clinic that does not meet the definition of an LDO or has no more than 10 percent of California’s market share of licensed chronic dialysis clinics shall not be considered financially interested for purposes of this section.
(3)CA Health & Safety Code § 1367.016(h)(3) “Health care service plan contract” means an individual or group health care service plan contract that provides medical, hospital, and surgical benefits, except a specialized health care service plan contract. The term does not include coverage of Medicare services pursuant to contracts with the United States government, Medicare supplement coverage, long-term care insurance, coverage issued as a supplement to liability insurance, insurance arising out of workers’ compensation law or similar law, automobile medical payment insurance, or insurance under which benefits are payable with or without regard to fault and that is statutorily required to be contained in any liability insurance policy or equivalent self-insurance.
(4)CA Health & Safety Code § 1367.016(h)(4) “Provider” means a professional person, organization, health facility, or other person or institution that delivers or furnishes health care services.
(i)CA Health & Safety Code § 1367.016(i) The following shall occur if a health care service plan subsequently discovers that a financially interested entity fails to provide disclosure pursuant to subdivision (c):
(1)CA Health & Safety Code § 1367.016(i)(1) The health care service plan shall be entitled to recover 120 percent of the difference between a payment made to a provider and the payment to which the provider would have been entitled pursuant to subdivision (e), including interest on that difference.
(2)CA Health & Safety Code § 1367.016(i)(2) The health care service plan shall notify the department of the amount by which the provider was overpaid and shall remit to the department any amount exceeding the difference between the payment made to the provider and the payment to which the provider would have been entitled pursuant to subdivision (e), including interest on that difference that was recovered pursuant to paragraph (1).
(j)CA Health & Safety Code § 1367.016(j) Commencing January 1, 2022, each health care service plan licensed by the department and subject to this section shall provide to the department information regarding premium payments by financially interested entities and reimbursement for services to providers under subdivision (e). The information shall be provided at least annually at the discretion of the department and shall include, to the best of the health care service plan’s knowledge, the number of enrollees whose premiums were paid by financially interested entities, disclosures provided to the plan pursuant to subdivision (c), the identities of any providers whose reimbursement rate was governed by subdivision (e), the identities of any providers who failed to provide disclosure as described in subdivision (c), and, at the discretion of the department, additional information necessary for the implementation of this section.
(k)CA Health & Safety Code § 1367.016(k) This section does not limit the authority of the Attorney General to take action to enforce this section.
(l)CA Health & Safety Code § 1367.016(l) This section does not affect a contracted payment rate for a provider who is not financially interested.
(m)CA Health & Safety Code § 1367.016(m) This section does not alter any of a health care service plan’s obligations and requirements under this chapter, including, but not limited to, the following:
(1)CA Health & Safety Code § 1367.016(m)(1) The obligation of a health care service plan to fairly and affirmatively offer, market, sell, and issue a health benefit plan to any individual, consistent with Article 11.8 (commencing with Section 1399.845), or small employer, consistent with Article 3.1 (commencing with Section 1357).
(2)CA Health & Safety Code § 1367.016(m)(2) The obligations of a health care service plan with respect to cancellation or nonrenewal as provided in this chapter, including, but not limited to, Section 1365.
(3)CA Health & Safety Code § 1367.016(m)(3) A health care service plan may not deny coverage to an enrollee whose premiums are paid by a third party.
(n)CA Health & Safety Code § 1367.016(n) This section does not supersede or modify any privacy and information security requirements and protections in federal and state law regarding protected health information or personally identifiable information, including, but not limited to, the federal Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 300gg).
(o)CA Health & Safety Code § 1367.016(o) Notwithstanding clause (iii) of subparagraph (A) of paragraph (1) of subdivision (d) of Section 1399.849, an enrollee’s loss of coverage due to a financially interested entity’s failure to pay premiums on a timely basis shall be deemed a triggering event for special enrollment pursuant to subparagraph (A) of paragraph (1) of subdivision (d) of Section 1399.849.

Section § 1367.18

Explanation

This law requires health care service plans in California that cover hospital, medical, or surgical expenses to offer coverage for orthotic and prosthetic devices and services to group subscribers. This coverage must be discussed with current and potential group contractholders. Prosthetic device coverage must include both original and replacements, as long as they are prescribed by a qualified medical professional.

Orthotic device coverage must also include original and replacement devices when prescribed or ordered by a licensed health care provider. Plans can perform a review to confirm medical necessity before providing services.

From July 1, 2007, the benefits for these devices and services cannot be less than the benefits for basic health care services. If there are no set annual or lifetime maximums for basic health care services, then these devices and services are also not subject to such maximums. Cost-sharing measures like copayments and deductibles must not exceed the most common amounts applied to basic services.

(a)CA Health & Safety Code § 1367.18(a) Every health care service plan, except a specialized health care service plan, that covers hospital, medical, or surgical expenses on a group basis shall offer coverage for orthotic and prosthetic devices and services under the terms and conditions that may be agreed upon between the group subscriber and the plan. Every plan shall communicate the availability of that coverage to all group contractholders and to all prospective group contractholders with whom they are negotiating. Any coverage for prosthetic devices shall include original and replacement devices, as prescribed by a physician and surgeon or doctor of podiatric medicine acting within the scope of his or her license. Any coverage for orthotic devices shall provide for coverage when the device, including original and replacement devices, is prescribed by a physician and surgeon or doctor of podiatric medicine acting within the scope of his or her license, or is ordered by a licensed health care provider acting within the scope of his or her license. Every plan shall have the right to conduct a utilization review to determine medical necessity prior to authorizing these services.
(b)CA Health & Safety Code § 1367.18(b) Notwithstanding subdivision (a), on and after July 1, 2007, the amount of the benefit for orthotic and prosthetic devices and services shall be no less than the annual and lifetime benefit maximums applicable to the basic health care services required to be provided under Section 1367. If the contract does not include any annual or lifetime benefit maximums applicable to basic health care services, the amount of the benefit for orthotic and prosthetic devices and services shall not be subject to an annual or lifetime maximum benefit level. Any copayment, coinsurance, deductible, and maximum out-of-pocket amount applied to the benefit for orthotic and prosthetic devices and services shall be no more than the most common amounts applied to the basic health care services required to be provided under Section 1367.

Section § 1367.19

Explanation

Starting from January 1, 1991, health care service plans in California, that are not specialized and cover hospital, medical, or surgical costs on a group basis, are required to offer an option for coverage of special footwear. This is meant for individuals with foot disfigurements, which can be caused by conditions like cerebral palsy, arthritis, polio, spina bifida, diabetes, as well as from accidents or developmental disabilities. The specifics of this coverage option can be negotiated between the health plan and the group contract holder.

On and after January 1, 1991, every health care service plan, except a specialized health care service plan, that covers hospital, medical, or surgical expenses on a group basis shall offer coverage as an option for special footwear needed by persons who suffer from foot disfigurement under such terms and conditions as may be agreed upon between the group contract holder and the plan.
As used in this section, foot disfigurement shall include, but not be limited to, disfigurement from cerebral palsy, arthritis, polio, spinabifida, diabetes, and foot disfigurement caused by accident or developmental disability.

Section § 1367.20

Explanation

If you're in California and your health plan offers prescription drug coverage, you can ask for a copy of their drug list. This list will show which medications are preferred and sorted by type. If the plan has multiple drug lists, they'll let you know so you can pick which one you want to see.

Every health care service plan that provides prescription drug benefits and maintains one or more drug formularies shall provide to members of the public, upon request, a copy of the most current list of prescription drugs on the formulary of the plan by major therapeutic category, with an indication of whether any drugs on the list are preferred over other listed drugs. If the health care service plan maintains more than one formulary, the plan shall notify the requester that a choice of formulary lists is available.

Section § 1367.21

Explanation

This California law specifies that health plans offering prescription drug benefits can't limit or exclude coverage for approved drugs just because they're prescribed for different uses than FDA-approved uses, if certain conditions are met. These conditions include that the drug is FDA-approved, prescribed for life-threatening or chronic, seriously debilitating conditions, and recognized by authoritative bodies or supported by medical journals.

For mifepristone, health plans must cover it even if used off-label, like for abortion, unless there are health or safety concerns. The prescriber is responsible for providing necessary documentation to the plan upon request. Additionally, the coverage must include medically necessary services related to drug administration.

Plans can use formularies or copayments to manage off-label drug use. If a plan denies coverage citing experimental status, this decision is reviewable. The requirements don't apply to Medi-Cal services under specific health plan acts.

(a)CA Health & Safety Code § 1367.21(a) A health care service plan contract that covers prescription drug benefits shall not be issued, amended, delivered, or renewed in this state if the plan limits or excludes coverage for a drug on the basis that the drug is prescribed for a use that is different from the use for which that drug has been approved for marketing by the United States Food and Drug Administration (FDA), provided that all of the following conditions have been met:
(1)CA Health & Safety Code § 1367.21(a)(1) The drug is approved by the FDA.
(2)Copy CA Health & Safety Code § 1367.21(a)(2)
(A)Copy CA Health & Safety Code § 1367.21(a)(2)(A) The drug is prescribed by a participating licensed health care professional for the treatment of a life-threatening condition; or
(B)CA Health & Safety Code § 1367.21(a)(2)(A)(B) The drug is prescribed by a participating licensed health care professional for the treatment of a chronic and seriously debilitating condition, the drug is medically necessary to treat that condition, and the drug is on the plan formulary. If the drug is not on the plan formulary, the participating subscriber’s request shall be considered pursuant to the process required by Section 1367.24.
(3)CA Health & Safety Code § 1367.21(a)(3) The drug has been recognized for treatment of that condition by any of the following:
(A)CA Health & Safety Code § 1367.21(a)(3)(A) The American Hospital Formulary Service’s Drug Information.
(B)CA Health & Safety Code § 1367.21(a)(3)(B) One of the following compendia, if recognized by the federal Centers for Medicare and Medicaid Services as part of an anticancer chemotherapeutic regimen:
(i)CA Health & Safety Code § 1367.21(a)(3)(B)(i) The Elsevier Gold Standard’s Clinical Pharmacology.
(ii)CA Health & Safety Code § 1367.21(a)(3)(B)(ii) The National Comprehensive Cancer Network Drug and Biologics Compendium.
(iii)CA Health & Safety Code § 1367.21(a)(3)(B)(iii) The Thomson Micromedex DrugDex.
(C)CA Health & Safety Code § 1367.21(a)(3)(C) Two articles from major peer reviewed medical journals that present data supporting the proposed off-label use or uses as generally safe and effective unless there is clear and convincing contradictory evidence presented in a major peer reviewed medical journal.
(b)Copy CA Health & Safety Code § 1367.21(b)
(1)Copy CA Health & Safety Code § 1367.21(b)(1) A health care service plan contract that covers prescription drug benefits shall not be issued, amended, delivered, or renewed in this state if the contract limits or excludes coverage for brand name or generic mifepristone solely on the basis that the drug is prescribed for a use that is different from the use for which that drug has been approved for marketing by the FDA or that varies from an approved risk evaluation and mitigation strategy pursuant to Section 355-1 of Title 21 of the United States Code, except if the state deems it necessary to address an imminent health or safety concern regarding brand name or generic mifepristone.
(2)CA Health & Safety Code § 1367.21(b)(2) A health care service plan contract that covers prescription drug benefits shall include coverage for brand name or generic mifepristone, even if the drug has not been approved by the FDA for abortion if the requirements of paragraph (3) have been met, except if the state deems it necessary to address an imminent health or safety concern regarding brand name or generic mifepristone.
(3)CA Health & Safety Code § 1367.21(b)(3) If name brand or generic mifepristone has not been approved by the FDA for abortion, coverage is required pursuant to paragraph (2) if the drug is a recognized medication for abortion by the World Health Organization (WHO) Model List of Essential Medicines, the WHO abortion care guideline, or the National Academies of Science, Engineering, and Medicine Consensus Study Report, or if the state approves its use based on peer-reviewed studies and prior approval of the drug that is no longer in effect.
(c)CA Health & Safety Code § 1367.21(c) It shall be the responsibility of the participating prescriber to submit to the plan documentation supporting compliance with the requirements of subdivision (a), if requested by the plan.
(d)CA Health & Safety Code § 1367.21(d) Any coverage required by this section shall also include medically necessary services associated with the administration of a drug, subject to the conditions of the contract.
(e)CA Health & Safety Code § 1367.21(e) For purposes of this section, “life-threatening” means either or both of the following:
(1)CA Health & Safety Code § 1367.21(e)(1) Diseases or conditions where the likelihood of death is high unless the course of the disease is interrupted.
(2)CA Health & Safety Code § 1367.21(e)(2) Diseases or conditions with potentially fatal outcomes, where the end point of clinical intervention is survival.
(f)CA Health & Safety Code § 1367.21(f) For purposes of this section, “chronic and seriously debilitating” means diseases or conditions that require ongoing treatment to maintain remission or prevent deterioration and cause significant long-term morbidity.
(g)CA Health & Safety Code § 1367.21(g) The provision of drugs and services when required by this section shall not, in itself, give rise to liability on the part of the plan.
(h)CA Health & Safety Code § 1367.21(h) This section does not prohibit the use of a formulary, copayment, technology assessment panel, or similar mechanism as a means for appropriately controlling the utilization of a drug that is prescribed for a use that is different from the use for which that drug has been approved for marketing by the FDA.
(i)CA Health & Safety Code § 1367.21(i) If a plan denies coverage pursuant to this section on the basis that its use is experimental or investigational, that decision is subject to review under Section 1370.4.
(j)CA Health & Safety Code § 1367.21(j) Health care service plan contracts for the delivery of Medi-Cal services under the Waxman-Duffy Prepaid Health Plan Act (Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code) are exempt from the requirements of this section.

Section § 1367.22

Explanation

If you've been prescribed a drug that's covered by your health plan and your doctor continues to prescribe it as safe and effective for your condition, your plan cannot stop covering it. However, doctors can still prescribe other appropriate drugs or allow generic substitutes. This rule applies only if the drug is used as approved by the FDA, so other uses aren't covered by this section but are addressed in another regulation. Also, it doesn't interfere with other legal requirements for continuous care or qualified medical decisions. Finally, your plan is allowed to charge copays or deductibles for drugs, as long as these costs are disclosed and approved by the plan director.

(a)CA Health & Safety Code § 1367.22(a)  A health care service plan contract, issued, amended, or renewed on or after July 1, 1999, that covers prescription drug benefits shall not limit or exclude coverage for a drug for an enrollee if the drug previously had been approved for coverage by the plan for a medical condition of the enrollee and the plan’s prescribing provider continues to prescribe the drug for the medical condition, provided that the drug is appropriately prescribed and is considered safe and effective for treating the enrollee’s medical condition. Nothing in this section shall preclude the prescribing provider from prescribing another drug covered by the plan that is medically appropriate for the enrollee, nor shall anything in this section be construed to prohibit generic drug substitutions as authorized by Section 4073 of the Business and Professions Code. For purposes of this section, a prescribing provider shall include a provider authorized to write a prescription, pursuant to subdivision (a) of Section 4059 of the Business and Professions Code, to treat a medical condition of an enrollee.
(b)CA Health & Safety Code § 1367.22(b)  This section does not apply to coverage for any drug that is prescribed for a use that is different from the use for which that drug has been approved for marketing by the federal Food and Drug Administration. Coverage for different-use drugs is subject to Section 1367.21.
(c)CA Health & Safety Code § 1367.22(c)  This section shall not be construed to restrict or impair the application of any other provision of this chapter, including, but not limited to, Section 1367, which includes among its requirements that plans furnish services in a manner providing continuity of care and demonstrate that medical decisions are rendered by qualified medical providers unhindered by fiscal and administrative management.
(d)CA Health & Safety Code § 1367.22(d)  This section does not prohibit a health care service plan from charging a subscriber or enrollee a copayment or a deductible for prescription drug benefits or from setting forth, by contract, limitations on maximum coverage of prescription drug benefits, provided that the copayments, deductibles, or limitations are reported to, and held unobjectionable by, the director and set forth to the subscriber or enrollee pursuant to the disclosure provisions of Section 1363.

Section § 1367.23

Explanation

This law requires that starting January 1, 1994, any group health care plan contract includes a rule that the health care service plan must notify the contractholders in writing if the plan is canceled.

The group contractholders must then quickly mail a clear, true copy of the cancellation notice to each subscriber and provide proof of mailing to the health care plan.

This notification must also explain, in simple language, the conversion rights subscribers have when the plan is terminated.

(a)CA Health & Safety Code § 1367.23(a)  On and after January 1, 1994, every group health care service plan contract, which is issued, amended, or renewed, shall include a provision requiring the health care service plan to notify the group contractholders in writing of the cancellation of the plan contract and shall include in their contract with group contractholders a provision requiring the group contractholder to mail promptly to each subscriber a legible, true copy of any notice of cancellation of the plan contract which may be received from the plan and to provide promptly to the plan proof of that mailing and the date thereof.
(b)CA Health & Safety Code § 1367.23(b)  The notice of cancellation from the group contractholder to the subscriber required by subdivision (a) shall include information regarding the conversion rights of persons covered under the plan contract upon termination of the plan contract. This information shall be in clear and easily understandable language.

Section § 1367.24

Explanation

This law requires health care service plans providing prescription drug benefits to have a quick process for doctors to get approval for necessary drugs not on the plan's formulary. Plans must keep this process documented and accessible to both the department and prescribing doctors.

If a request for a nonformulary drug is denied by the plan, they must provide written reasons and info on how to appeal the decision. These rules don't apply when the drug was prescribed following certain existing provisions.

Health plans also need to keep detailed records of their drug formularies, decision-making processes, and relationships with providers that affect drug prescribing. The department will review these during audits but keep confidential information private.

Special rules apply to Medi-Cal plans, and nothing in this law prevents enrollees from filing grievances or requesting independent medical reviews through other established processes.

(a)CA Health & Safety Code § 1367.24(a) Every health care service plan that provides prescription drug benefits shall maintain an expeditious process by which prescribing providers may obtain authorization for a medically necessary nonformulary prescription drug. On or before July 1, 1999, every health care service plan that provides prescription drug benefits shall file with the department a description of its process, including timelines, for responding to authorization requests for nonformulary drugs. Any changes to this process shall be filed with the department pursuant to Section 1352. Each plan shall provide a written description of its most current process, including timelines, to its prescribing providers. For purposes of this section, a prescribing provider shall include a provider authorized to write a prescription, pursuant to subdivision (a) of Section 4040 of the Business and Professions Code, to treat a medical condition of an enrollee.
(b)CA Health & Safety Code § 1367.24(b) Any plan that disapproves a request made pursuant to subdivision (a) by a prescribing provider to obtain authorization for a nonformulary drug shall provide the reasons for the disapproval in a notice provided to the enrollee. The notice shall indicate that the enrollee may file a grievance with the plan if the enrollee objects to the disapproval, including any alternative drug or treatment offered by the plan. The notice shall comply with subdivision (b) of Section 1368.02. Any health plan that is required to maintain an external exception request review process pursuant to subdivision (k) shall indicate in the notice required under this subdivision that the enrollee may file a grievance seeking an external exception request review.
(c)CA Health & Safety Code § 1367.24(c) The process described in subdivision (a) by which prescribing providers may obtain authorization for medically necessary nonformulary drugs shall not apply to a nonformulary drug that has been prescribed for an enrollee in conformance with the provisions of Section 1367.22.
(d)CA Health & Safety Code § 1367.24(d) The process described in subdivision (a) by which enrollees may obtain medically necessary nonformulary drugs, including specified timelines for responding to prescribing provider authorization requests, shall be described in evidence of coverage and disclosure forms, as required by subdivisions (a) and (b) of Section 1363, issued on or after July 1, 1999.
(e)CA Health & Safety Code § 1367.24(e) Every health care service plan that provides prescription drug benefits shall maintain, as part of its books and records under Section 1381, all of the following information, which shall be made available to the director upon request:
(1)CA Health & Safety Code § 1367.24(e)(1) The complete drug formulary or formularies of the plan, if the plan maintains a formulary, including a list of the prescription drugs on the formulary of the plan by major therapeutic category with an indication of whether any drugs are preferred over other drugs.
(2)CA Health & Safety Code § 1367.24(e)(2) Records developed by the pharmacy and therapeutic committee of the plan, or by others responsible for developing, modifying, and overseeing formularies, including medical groups, individual practice associations, and contracting pharmaceutical benefit management companies, used to guide the drugs prescribed for the enrollees of the plan, that fully describe the reasoning behind formulary decisions.
(3)CA Health & Safety Code § 1367.24(e)(3) Any plan arrangements with prescribing providers, medical groups, individual practice associations, pharmacists, contracting pharmaceutical benefit management companies, or other entities that are associated with activities of the plan to encourage formulary compliance or otherwise manage prescription drug benefits.
(f)CA Health & Safety Code § 1367.24(f) If a plan provides prescription drug benefits, the department shall, as part of its periodic onsite medical survey of each plan undertaken pursuant to Section 1380, review the performance of the plan in providing those benefits, including, but not limited to, a review of the procedures and information maintained pursuant to this section, and describe the performance of the plan as part of its report issued pursuant to Section 1380.
(g)CA Health & Safety Code § 1367.24(g) The director shall not publicly disclose any information reviewed pursuant to this section that is determined by the director to be confidential pursuant to state law.
(h)CA Health & Safety Code § 1367.24(h) For purposes of this section, “authorization” means approval by the health care service plan to provide payment for the prescription drug.
(i)CA Health & Safety Code § 1367.24(i) Nonformulary prescription drugs shall include any drug for which an enrollee’s copayment or out-of-pocket costs are different than the copayment for a formulary prescription drug, except as otherwise provided by law or regulation or in cases in which the drug has been excluded in the plan contract pursuant to Section 1342.7.
(j)CA Health & Safety Code § 1367.24(j) Nothing in this section shall be construed to restrict or impair the application of any other provision of this chapter, including, but not limited to, Section 1367, which includes among its requirements that a health care service plan furnish services in a manner providing continuity of care and demonstrate that medical decisions are rendered by qualified medical providers unhindered by fiscal and administrative management.
(k)CA Health & Safety Code § 1367.24(k) For any individual, small group, or large health plan contracts, a health care service plan’s process described in subdivision (a) shall comply with the request for exception and external exception request review processes described in subdivision (c) of Section 156.122 of Title 45 of the Code of Federal Regulations. This subdivision shall not apply to Medi-Cal managed care health care service plan contracts as described in subdivision (l).
(l)CA Health & Safety Code § 1367.24(l) “Medi-Cal managed care health care service plan contract” means any entity that enters into a contract with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000), Chapter 8 (commencing with Section 14200), or Chapter 8.75 (commencing with Section 14591) of Part 3 of Division 9 of the Welfare and Institutions Code.
(m)CA Health & Safety Code § 1367.24(m) Nothing in this section shall be construed to affect an enrollee’s or subscriber’s eligibility to submit a grievance to the department for review under Section 1368 or to apply to the department for an independent medical review under Section 1370.4, or Article 5.55 (commencing with Section 1374.30) of this chapter.

Section § 1367.25

Explanation

This law mandates that most health care service plans in California cover FDA-approved contraceptive methods for enrollees from January 1, 2000 onwards. As of January 1, 2016, plans must cover all FDA-approved contraceptives, including those available over-the-counter, without cost-sharing if they are in-network. From January 1, 2024, a prescription isn't required for over-the-counter contraceptives, which must be available without cost-sharing.

Religious employers can request plans that exclude contraceptive coverage if it opposes their religious beliefs. The law also covers up to a 12-month supply of self-administered hormonal contraceptives in one dispensing. Exceptions apply to out-of-network services unless otherwise allowed, and contraceptives need not be covered for experimental use. The law ensures that contraceptives needed for other medical reasons or preventive health are still covered.

(a)CA Health & Safety Code § 1367.25(a) A group health care service plan contract, except for a specialized health care service plan contract, that is issued, amended, renewed, or delivered on or after January 1, 2000, to December 31, 2015, inclusive, and an individual health care service plan contract that is amended, renewed, or delivered on or after January 1, 2000, to December 31, 2015, inclusive, except for a specialized health care service plan contract, shall provide coverage for the following, under general terms and conditions applicable to all benefits:
(1)CA Health & Safety Code § 1367.25(a)(1) A health care service plan contract that provides coverage for outpatient prescription drug benefits shall include coverage for a variety of federal Food and Drug Administration (FDA)-approved prescription contraceptive methods designated by the plan. In the event the patient’s participating provider, acting within the provider’s scope of practice, determines that none of the methods designated by the plan is medically appropriate for the patient’s medical or personal history, the plan shall also provide coverage for another FDA-approved, medically appropriate prescription contraceptive method prescribed by the patient’s provider.
(2)CA Health & Safety Code § 1367.25(a)(2) Benefits for an enrollee under this subdivision shall be the same for an enrollee’s covered spouse and covered nonspouse dependents.
(b)Copy CA Health & Safety Code § 1367.25(b)
(1)Copy CA Health & Safety Code § 1367.25(b)(1) A health care service plan contract, except for a specialized health care service plan contract, that is issued, amended, renewed, or delivered on or after January 1, 2016, shall provide coverage for all of the following services and contraceptive methods for all subscribers and enrollees:
(A)Copy CA Health & Safety Code § 1367.25(b)(1)(A)
(i)Copy CA Health & Safety Code § 1367.25(b)(1)(A)(i) Except as provided in clause (ii) and in subparagraphs (B) and (C) of paragraph (2), all FDA-approved contraceptive drugs, devices, and other products, including all FDA-approved contraceptive drugs, devices, and products available over the counter, as prescribed by the enrollee’s provider.
(ii)CA Health & Safety Code § 1367.25(b)(1)(A)(i)(ii) For any health care service plan contract described in paragraph (1) that is issued, amended, renewed, or delivered on or after January 1, 2024, both of the following conditions shall apply:
(I)CA Health & Safety Code § 1367.25(b)(1)(A)(i)(ii)(I) A prescription shall not be required to trigger coverage of over-the-counter FDA-approved contraceptive drugs, devices, and products.
(II) Point-of-sale coverage for over-the-counter FDA-approved contraceptive drugs, devices, and products shall be provided at in-network pharmacies without cost sharing or medical management restrictions.
(B)CA Health & Safety Code § 1367.25(b)(1)(B) Voluntary tubal ligation and other similar sterilization procedures.
(C)CA Health & Safety Code § 1367.25(b)(1)(C) Clinical services related to the provision or use of contraception, including consultations, examinations, procedures, device insertion, ultrasound, anesthesia, patient education, referrals, and counseling.
(D)CA Health & Safety Code § 1367.25(b)(1)(D) Followup services related to the drugs, devices, products, and procedures covered under this subdivision, including, but not limited to, management of side effects, counseling for continued adherence, and device removal.
(2)Copy CA Health & Safety Code § 1367.25(b)(2)
(A)Copy CA Health & Safety Code § 1367.25(b)(2)(A) Except for a grandfathered health plan, a health care service plan subject to this subdivision shall not impose a deductible, coinsurance, copayment, or any other cost-sharing requirement on the coverage provided pursuant to this subdivision. Cost sharing shall not be imposed on any Medi-Cal beneficiary.
(B)CA Health & Safety Code § 1367.25(b)(2)(A)(B) If the FDA has approved one or more therapeutic equivalents, as that term is defined by the FDA, of a contraceptive drug, device, or product, a health care service plan is not required to cover all of those therapeutically equivalent versions in accordance with this subdivision, as long as at least one is covered without cost sharing in accordance with this subdivision. If there is no therapeutic equivalent generic substitute available in the market, a health care service plan shall provide coverage without cost sharing for the original, brand name contraceptive.
(C)CA Health & Safety Code § 1367.25(b)(2)(A)(C) If a covered therapeutic equivalent of a drug, device, or product is deemed medically inadvisable by the enrollee’s provider, a health care service plan shall defer to the determination and judgment of the provider and provide coverage for the alternative prescribed contraceptive drug, device, product, or service without imposing any cost-sharing requirements. Medical inadvisability may include considerations such as severity of side effects, differences in permanence or reversibility of contraceptives, and ability to adhere to the appropriate use of the drug or item, as determined by the provider. The department may promulgate regulations establishing an easily accessible, transparent, and sufficiently expedient process that is not unduly burdensome, including timeframes, for an enrollee, an enrollee’s designee, or an enrollee’s provider to request coverage of an alternative prescribed contraceptive. A request for coverage under this subparagraph that is submitted by an enrollee, an enrollee’s designee, or provider shall be approved by the health care service plan in compliance with the time limits in Section 1367.241 and, as applicable, with the plan’s Medi-Cal managed care contract.
(3)CA Health & Safety Code § 1367.25(b)(3) Except as otherwise authorized under this section, a health care service plan shall not infringe upon an enrollee’s choice of contraceptive drug, device, or product and shall not impose any restrictions or delays on the coverage required under this subdivision, including prior authorization, step therapy, or other utilization control techniques.
(4)CA Health & Safety Code § 1367.25(b)(4) Benefits for an enrollee under this subdivision shall be the same for an enrollee’s covered spouse and covered nonspouse dependents.
(5)CA Health & Safety Code § 1367.25(b)(5) For purposes of this subdivision, “health care service plan” shall include Medi-Cal managed care plans that contract with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000) and Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code, to the extent that the benefits described in this subdivision are made the financial responsibility of the Medi-Cal managed care plan under its comprehensive risk contract with the State Department of Health Care Services. If some or all of the benefits described in this subdivision are not the financial responsibility of the Medi-Cal managed care plan, as determined by the State Department of Health Care Services, those benefits shall be available to Medi-Cal beneficiaries on a fee-for-service basis pursuant to subdivision (n) of Section 14132 of the Welfare and Institutions Code.
(c)Copy CA Health & Safety Code § 1367.25(c)
(1)Copy CA Health & Safety Code § 1367.25(c)(1) Notwithstanding any other provision of this section, a religious employer may request a health care service plan contract without coverage for FDA-approved contraceptive methods that are contrary to the religious employer’s religious tenets. If so requested, a health care service plan contract shall be provided without coverage for contraceptive methods. The exclusion from coverage under this provision shall not apply to a contraceptive drug, device, procedure, or other product that is used for purposes other than contraception.
(2)CA Health & Safety Code § 1367.25(c)(2) For purposes of this section, a “religious employer” is an entity for which each of the following is true:
(A)CA Health & Safety Code § 1367.25(c)(2)(A) The inculcation of religious values is the purpose of the entity.
(B)CA Health & Safety Code § 1367.25(c)(2)(B) The entity primarily employs persons who share the religious tenets of the entity.
(C)CA Health & Safety Code § 1367.25(c)(2)(C) The entity serves primarily persons who share the religious tenets of the entity.
(D)CA Health & Safety Code § 1367.25(c)(2)(D) The entity is a nonprofit organization as described in Section 6033(a)(3)(A)(i) or (iii) of the Internal Revenue Code of 1986, as amended.
(d)Copy CA Health & Safety Code § 1367.25(d)
(1)Copy CA Health & Safety Code § 1367.25(d)(1) Every health care service plan contract that is issued, amended, renewed, or delivered on or after January 1, 2017, shall cover up to a 12-month supply of FDA-approved, self-administered hormonal contraceptives when dispensed or furnished at one time for an enrollee by a provider, pharmacist, or at a location licensed or otherwise authorized to dispense drugs or supplies.
(2)CA Health & Safety Code § 1367.25(d)(2) This subdivision shall not be construed to require a health care service plan contract to cover contraceptives provided by an out-of-network provider, pharmacy, or location licensed or otherwise authorized to dispense drugs or supplies, except as may be otherwise authorized by state or federal law or by the plan’s policies governing out-of-network coverage.
(3)CA Health & Safety Code § 1367.25(d)(3) This subdivision shall not be construed to require a provider to prescribe, furnish, or dispense 12 months of self-administered hormonal contraceptives at one time.
(4)CA Health & Safety Code § 1367.25(d)(4) A health care service plan subject to this subdivision, shall not impose utilization controls or other forms of medical management limiting the supply of FDA-approved, self-administered hormonal contraceptives that may be dispensed or furnished by a provider or pharmacist, or at a location licensed or otherwise authorized to dispense drugs or supplies to an amount that is less than a 12-month supply, and shall not require an enrollee to make any formal request for such coverage other than a pharmacy claim.
(e)CA Health & Safety Code § 1367.25(e) This section shall not be construed to exclude coverage for contraceptive supplies as prescribed by a provider, acting within the provider’s scope of practice, for reasons other than contraceptive purposes, such as decreasing the risk of ovarian cancer or eliminating symptoms of menopause, or for contraception that is necessary to preserve the life or health of an enrollee.
(f)CA Health & Safety Code § 1367.25(f) This section shall not be construed to deny or restrict in any way the department’s authority to ensure plan compliance with this chapter when a plan provides coverage for contraceptive drugs, devices, and products.
(g)CA Health & Safety Code § 1367.25(g) This section shall not be construed to require an individual or group health care service plan contract to cover experimental or investigational treatments.
(h)CA Health & Safety Code § 1367.25(h) For purposes of this section, the following definitions apply:
(1)CA Health & Safety Code § 1367.25(h)(1) “Grandfathered health plan” has the meaning set forth in Section 1251 of PPACA.
(2)CA Health & Safety Code § 1367.25(h)(2) “PPACA” means the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and any rules, regulations, or guidance issued thereunder.
(3)CA Health & Safety Code § 1367.25(h)(3) With respect to health care service plan contracts issued, amended, or renewed on or after January 1, 2016, “provider” means an individual who is certified or licensed to furnish family planning services within their scope of practice pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, including a pharmacist authorized pursuant to Section 4052 or 4052.3 of the Business and Professions Code, or an initiative act referred to in that division, or Division 2.5 (commencing with Section 1797) of this code.
(4)CA Health & Safety Code § 1367.25(h)(4) For purposes of this section, “over-the-counter FDA-approved contraceptive drugs, devices, and products” and “over-the-counter birth control methods” are limited to those included as essential health benefits pursuant to Section 1367.005.

Section § 1367.27

Explanation

This law requires health care service plans to keep an accurate and updated directory of providers. Starting July 1, 2016, these directories must be available online and accessible to the public without restrictions, showing which providers are currently under contract and accepting new patients. By July 31, 2017, provider directories must follow specific naming standards. Updates to online directories are required at least weekly and quarterly for printed versions, as providers' statuses or information change.

Directories should include comprehensive provider information, such as contact details, specialty, and whether they accept new patients. Health plans must promptly correct inaccuracies reported in directories and can delay payments to providers who don't verify their information. Inaccurate directory information leading to enrollee issues may result in the health plan covering additional costs.

The law ensures enrollees have access to accurate provider information, language services, and full access to covered services. Plans must also comply with procedures for confirming directory information and handling provider changes in the network.

(a)CA Health & Safety Code § 1367.27(a) Commencing July 1, 2016, a health care service plan shall publish and maintain a provider directory or directories with information on contracting providers that deliver health care services to the plan’s enrollees, including those that accept new patients. A provider directory shall not list or include information on a provider that is not currently under contract with the plan.
(b)CA Health & Safety Code § 1367.27(b) A health care service plan shall provide the directory or directories for the specific network offered for each product using a consistent method of network and product naming, numbering, or other classification method that ensures the public, enrollees, potential enrollees, the department, and other state or federal agencies can easily identify the networks and plan products in which a provider participates. By July 31, 2017, or 12 months after the date provider directory standards are developed under subdivision (k), whichever occurs later, a health care service plan shall use the naming, numbering, or classification method developed by the department pursuant to subdivision (k).
(c)Copy CA Health & Safety Code § 1367.27(c)
(1)Copy CA Health & Safety Code § 1367.27(c)(1) An online provider directory or directories shall be available on the plan’s Internet Web site to the public, potential enrollees, enrollees, and providers without any restrictions or limitations. The directory or directories shall be accessible without any requirement that an individual seeking the directory information demonstrate coverage with the plan, indicate interest in obtaining coverage with the plan, provide a member identification or policy number, provide any other identifying information, or create or access an account.
(2)CA Health & Safety Code § 1367.27(c)(2) The online provider directory or directories shall be accessible on the plan’s public Internet Web site through an identifiable link or tab and in a manner that is accessible and searchable by enrollees, potential enrollees, the public, and providers. By July 31, 2017, or 12 months after the date provider directory standards are developed under subdivision (k), whichever occurs later, the plan’s public Internet Web site shall allow provider searches by, at a minimum, name, practice address, city, ZIP Code, California license number, National Provider Identifier number, admitting privileges to an identified hospital, product, tier, provider language or languages, provider group, hospital name, facility name, or clinic name, as appropriate.
(d)Copy CA Health & Safety Code § 1367.27(d)
(1)Copy CA Health & Safety Code § 1367.27(d)(1) A health care service plan shall allow enrollees, potential enrollees, providers, and members of the public to request a printed copy of the provider directory or directories by contacting the plan through the plan’s toll-free telephone number, electronically, or in writing. A printed copy of the provider directory or directories shall include the information required in subdivisions (h) and (i). The printed copy of the provider directory or directories shall be provided to the requester by mail postmarked no later than five business days following the date of the request and may be limited to the geographic region in which the requester resides or works or intends to reside or work.
(2)CA Health & Safety Code § 1367.27(d)(2) A health care service plan shall update its printed provider directory or directories at least quarterly, or more frequently, if required by federal law.
(e)Copy CA Health & Safety Code § 1367.27(e)
(1)Copy CA Health & Safety Code § 1367.27(e)(1) The plan shall update the online provider directory or directories, at least weekly, or more frequently, if required by federal law, when informed of and upon confirmation by the plan of any of the following:
(A)CA Health & Safety Code § 1367.27(e)(1)(A) A contracting provider is no longer accepting new patients for that product, or an individual provider within a provider group is no longer accepting new patients.
(B)CA Health & Safety Code § 1367.27(e)(1)(B) A provider is no longer under contract for a particular plan product.
(C)CA Health & Safety Code § 1367.27(e)(1)(C) A provider’s practice location or other information required under subdivision (h) or (i) has changed.
(D)CA Health & Safety Code § 1367.27(e)(1)(D) Upon completion of the investigation described in subdivision (o), a change is necessary based on an enrollee complaint that a provider was not accepting new patients, was otherwise not available, or whose contact information was listed incorrectly.
(E)CA Health & Safety Code § 1367.27(e)(1)(E) Any other information that affects the content or accuracy of the provider directory or directories.
(2)CA Health & Safety Code § 1367.27(e)(2) Upon confirmation of any of the following, the plan shall delete a provider from the directory or directories when:
(A)CA Health & Safety Code § 1367.27(e)(2)(A) A provider has retired or otherwise has ceased to practice.
(B)CA Health & Safety Code § 1367.27(e)(2)(B) A provider or provider group is no longer under contract with the plan for any reason.
(C)CA Health & Safety Code § 1367.27(e)(2)(C) The contracting provider group has informed the plan that the provider is no longer associated with the provider group and is no longer under contract with the plan.
(f)CA Health & Safety Code § 1367.27(f) The provider directory or directories shall include both an email address and a telephone number for members of the public and providers to notify the plan if the provider directory information appears to be inaccurate. This information shall be disclosed prominently in the directory or directories and on the plan’s Internet Web site.
(g)CA Health & Safety Code § 1367.27(g) The provider directory or directories shall include the following disclosures informing enrollees that they are entitled to both of the following:
(1)CA Health & Safety Code § 1367.27(g)(1) Language interpreter services, at no cost to the enrollee, including how to obtain interpretation services in accordance with Section 1367.04.
(2)CA Health & Safety Code § 1367.27(g)(2) Full and equal access to covered services, including enrollees with disabilities as required under the federal Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973.
(h)CA Health & Safety Code § 1367.27(h) A full service health care service plan and a specialized mental health plan shall include all of the following information in the provider directory or directories:
(1)CA Health & Safety Code § 1367.27(h)(1) The provider’s name, practice location or locations, and contact information.
(2)CA Health & Safety Code § 1367.27(h)(2) Type of practitioner.
(3)CA Health & Safety Code § 1367.27(h)(3) National Provider Identifier number.
(4)CA Health & Safety Code § 1367.27(h)(4) California license number and type of license.
(5)CA Health & Safety Code § 1367.27(h)(5) The area of specialty, including board certification, if any.
(6)CA Health & Safety Code § 1367.27(h)(6) The provider’s office email address, if available.
(7)CA Health & Safety Code § 1367.27(h)(7) The name of each affiliated provider group currently under contract with the plan through which the provider sees enrollees.
(8)CA Health & Safety Code § 1367.27(h)(8) A listing for each of the following providers that are under contract with the plan:
(A)CA Health & Safety Code § 1367.27(h)(8)(A) For physicians and surgeons, the provider group, and admitting privileges, if any, at hospitals contracted with the plan.
(B)CA Health & Safety Code § 1367.27(h)(8)(B) Nurse practitioners, physician assistants, psychologists, acupuncturists, optometrists, podiatrists, chiropractors, licensed clinical social workers, marriage and family therapists, professional clinical counselors, qualified autism service providers, as defined in Section 1374.73, nurse midwives, and dentists.
(C)CA Health & Safety Code § 1367.27(h)(8)(C) For federally qualified health centers or primary care clinics, the name of the federally qualified health center or clinic.
(D)CA Health & Safety Code § 1367.27(h)(8)(D) For any provider described in subparagraph (A) or (B) who is employed by a federally qualified health center or primary care clinic, and to the extent their services may be accessed and are covered through the contract with the plan, the name of the provider, and the name of the federally qualified health center or clinic.
(E)CA Health & Safety Code § 1367.27(h)(8)(E) Facilities, including, but not limited to, general acute care hospitals, skilled nursing facilities, urgent care clinics, ambulatory surgery centers, inpatient hospice, residential care facilities, and inpatient rehabilitation facilities.
(F)CA Health & Safety Code § 1367.27(h)(8)(F) Pharmacies, clinical laboratories, imaging centers, and other facilities providing contracted health care services.
(9)CA Health & Safety Code § 1367.27(h)(9) The provider directory or directories may note that authorization or referral may be required to access some providers.
(10)CA Health & Safety Code § 1367.27(h)(10) Non-English language, if any, spoken by a health care provider or other medical professional as well as non-English language spoken by a qualified medical interpreter, in accordance with Section 1367.04, if any, on the provider’s staff.
(11)CA Health & Safety Code § 1367.27(h)(11) Identification of providers who no longer accept new patients for some or all of the plan’s products.
(12)CA Health & Safety Code § 1367.27(h)(12) The network tier to which the provider is assigned, if the provider is not in the lowest tier, as applicable. Nothing in this section shall be construed to require the use of network tiers other than contract and noncontracting tiers.
(13)CA Health & Safety Code § 1367.27(h)(13) All other information necessary to conduct a search pursuant to paragraph (2) of subdivision (c).
(i)CA Health & Safety Code § 1367.27(i) A vision, dental, or other specialized health care service plan, except for a specialized mental health plan, shall include all of the following information for each provider directory or directories used by the plan for its networks:
(1)CA Health & Safety Code § 1367.27(i)(1) The provider’s name, practice location or locations, and contact information.
(2)CA Health & Safety Code § 1367.27(i)(2) Type of practitioner.
(3)CA Health & Safety Code § 1367.27(i)(3) National Provider Identifier number.
(4)CA Health & Safety Code § 1367.27(i)(4) California license number and type of license, if applicable.
(5)CA Health & Safety Code § 1367.27(i)(5) The area of specialty, including board certification, or other accreditation, if any.
(6)CA Health & Safety Code § 1367.27(i)(6) The provider’s office email address, if available.
(7)CA Health & Safety Code § 1367.27(i)(7) The name of each affiliated provider group or specialty plan practice group currently under contract with the plan through which the provider sees enrollees.
(8)CA Health & Safety Code § 1367.27(i)(8) The names of each allied health care professional to the extent there is a direct contract for those services covered through a contract with the plan.
(9)CA Health & Safety Code § 1367.27(i)(9) The non-English language, if any, spoken by a health care provider or other medical professional as well as non-English language spoken by a qualified medical interpreter, in accordance with Section 1367.04, if any, on the provider’s staff.
(10)CA Health & Safety Code § 1367.27(i)(10) Identification of providers who no longer accept new patients for some or all of the plan’s products.
(11)CA Health & Safety Code § 1367.27(i)(11) All other applicable information necessary to conduct a provider search pursuant to paragraph (2) of subdivision (c).
(j)Copy CA Health & Safety Code § 1367.27(j)
(1)Copy CA Health & Safety Code § 1367.27(j)(1) The contract between the plan and a provider shall include a requirement that the provider inform the plan within five business days when either of the following occurs:
(A)CA Health & Safety Code § 1367.27(j)(1)(A) The provider is not accepting new patients.
(B)CA Health & Safety Code § 1367.27(j)(1)(B) If the provider had previously not accepted new patients, the provider is currently accepting new patients.
(2)CA Health & Safety Code § 1367.27(j)(2) If a provider who is not accepting new patients is contacted by an enrollee or potential enrollee seeking to become a new patient, the provider shall direct the enrollee or potential enrollee to both the plan for additional assistance in finding a provider and to the department to report any inaccuracy with the plan’s directory or directories.
(3)CA Health & Safety Code § 1367.27(j)(3) If an enrollee or potential enrollee informs a plan of a possible inaccuracy in the provider directory or directories, the plan shall promptly investigate, and, if necessary, undertake corrective action within 30 business days to ensure the accuracy of the directory or directories.
(k)Copy CA Health & Safety Code § 1367.27(k)
(1)Copy CA Health & Safety Code § 1367.27(k)(1) On or before December 31, 2016, the department shall develop uniform provider directory standards to permit consistency in accordance with subdivision (b) and paragraph (2) of subdivision (c) and development of a multiplan directory by another entity. Those standards shall not be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), until January 1, 2021. No more than two revisions of those standards shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) pursuant to this subdivision.
(2)CA Health & Safety Code § 1367.27(k)(2) In developing the standards under this subdivision, the department shall seek input from interested parties throughout the process of developing the standards and shall hold at least one public meeting. The department shall take into consideration any requirements for provider directories established by the federal Centers for Medicare and Medicaid Services and the State Department of Health Care Services.
(3)CA Health & Safety Code § 1367.27(k)(3) By July 31, 2017, or 12 months after the date provider directory standards are developed under this subdivision, whichever occurs later, a plan shall use the standards developed by the department for each product offered by the plan.
(l)Copy CA Health & Safety Code § 1367.27(l)
(1)Copy CA Health & Safety Code § 1367.27(l)(1) A plan shall take appropriate steps to ensure the accuracy of the information concerning each provider listed in the plan’s provider directory or directories in accordance with this section, and shall, at least annually, review and update the entire provider directory or directories for each product offered. Each calendar year the plan shall notify all contracted providers described in subdivisions (h) and (i) as follows:
(A)CA Health & Safety Code § 1367.27(l)(1)(A) For individual providers who are not affiliated with a provider group described in subparagraph (A) or (B) of paragraph (8) of subdivision (h) and providers described in subdivision (i), the plan shall notify each provider at least once every six months.
(B)CA Health & Safety Code § 1367.27(l)(1)(B) For all other providers described in subdivision (h) who are not subject to the requirements of subparagraph (A), the plan shall notify its contracted providers to ensure that all of the providers are contacted by the plan at least once annually.
(2)CA Health & Safety Code § 1367.27(l)(2) The notification shall include all of the following:
(A)CA Health & Safety Code § 1367.27(l)(2)(A) The information the plan has in its directory or directories regarding the provider or provider group, including a list of networks and plan products that include the contracted provider or provider group.
(B)CA Health & Safety Code § 1367.27(l)(2)(B) A statement that the failure to respond to the notification may result in a delay of payment or reimbursement of a claim pursuant to subdivision (p).
(C)CA Health & Safety Code § 1367.27(l)(2)(C) Instructions on how the provider or provider group can update the information in the provider directory or directories using the online interface developed pursuant to subdivision (m).
(3)CA Health & Safety Code § 1367.27(l)(3) The plan shall require an affirmative response from the provider or provider group acknowledging that the notification was received. The provider or provider group shall confirm that the information in the provider directory or directories is current and accurate or update the information required to be in the directory or directories pursuant to this section, including whether or not the provider or provider group is accepting new patients for each plan product.
(4)CA Health & Safety Code § 1367.27(l)(4) If the plan does not receive an affirmative response and confirmation from the provider that the information is current and accurate or, as an alternative, updates any information required to be in the directory or directories pursuant to this section, within 30 business days, the plan shall take no more than 15 business days to verify whether the provider’s information is correct or requires updates. The plan shall document the receipt and outcome of each attempt to verify the information. If the plan is unable to verify whether the provider’s information is correct or requires updates, the plan shall notify the provider 10 business days in advance of removal that the provider will be removed from the provider directory or directories. The provider shall be removed from the provider directory or directories at the next required update of the provider directory or directories after the 10-business-day notice period. A provider shall not be removed from the provider directory or directories if he or she responds before the end of the 10-business-day notice period.
(5)CA Health & Safety Code § 1367.27(l)(5) General acute care hospitals shall be exempt from the requirements in paragraphs (3) and (4).
(m)CA Health & Safety Code § 1367.27(m) A plan shall establish policies and procedures with regard to the regular updating of its provider directory or directories, including the weekly, quarterly, and annual updates required pursuant to this section, or more frequently, if required by federal law or guidance.
(1)CA Health & Safety Code § 1367.27(m)(1) The policies and procedures described under this subdivision shall be submitted by a plan annually to the department for approval and in a format described by the department pursuant to Section 1367.035.
(2)CA Health & Safety Code § 1367.27(m)(2) Every health care service plan shall ensure processes are in place to allow providers to promptly verify or submit changes to the information required to be in the directory or directories pursuant to this section. Those processes shall, at a minimum, include an online interface for providers to submit verification or changes electronically and shall generate an acknowledgment of receipt from the health care service plan. Providers shall verify or submit changes to information required to be in the directory or directories pursuant to this section using the process required by the health care service plan.
(3)CA Health & Safety Code § 1367.27(m)(3) The plan shall establish and maintain a process for enrollees, potential enrollees, other providers, and the public to identify and report possible inaccurate, incomplete, or misleading information currently listed in the plan’s provider directory or directories. This process shall, at a minimum, include a telephone number and a dedicated email address at which the plan will accept these reports, as well as a hyperlink on the plan’s provider directory Internet Web site linking to a form where the information can be reported directly to the plan through its Internet Web site.
(n)Copy CA Health & Safety Code § 1367.27(n)
(1)Copy CA Health & Safety Code § 1367.27(n)(1) This section does not prohibit a plan from requiring its provider groups or contracting specialized health care service plans to provide information to the plan that is required by the plan to satisfy the requirements of this section for each of the providers that contract with the provider group or contracting specialized health care service plan. This responsibility shall be specifically documented in a written contract between the plan and the provider group or contracting specialized health care service plan.
(2)CA Health & Safety Code § 1367.27(n)(2) If a plan requires its contracting provider groups or contracting specialized health care service plans to provide the plan with information described in paragraph (1), the plan shall continue to retain responsibility for ensuring that the requirements of this section are satisfied.
(3)CA Health & Safety Code § 1367.27(n)(3) A provider group may terminate a contract with a provider for a pattern or repeated failure of the provider to update the information required to be in the directory or directories pursuant to this section.
(4)CA Health & Safety Code § 1367.27(n)(4) A provider group is not subject to the payment delay described in subdivision (p) if all of the following occurs:
(A)CA Health & Safety Code § 1367.27(n)(4)(A) A provider does not respond to the provider group’s attempt to verify the provider’s information. As used in this paragraph, “verify” means to contact the provider in writing, electronically, and by telephone to confirm whether the provider’s information is correct or requires updates.
(B)CA Health & Safety Code § 1367.27(n)(4)(B) The provider group documents its efforts to verify the provider’s information.
(C)CA Health & Safety Code § 1367.27(n)(4)(C) The provider group reports to the plan that the provider should be deleted from the provider group in the plan directory or directories.
(5)CA Health & Safety Code § 1367.27(n)(5) Section 1375.7, known as the Health Care Providers’ Bill of Rights, applies to any material change to a provider contract pursuant to this section.
(o)Copy CA Health & Safety Code § 1367.27(o)
(1)Copy CA Health & Safety Code § 1367.27(o)(1) Whenever a health care service plan receives a report indicating that information listed in its provider directory or directories is inaccurate, the plan shall promptly investigate the reported inaccuracy and, no later than 30 business days following receipt of the report, either verify the accuracy of the information or update the information in its provider directory or directories, as applicable.
(2)CA Health & Safety Code § 1367.27(o)(2) When investigating a report regarding its provider directory or directories, the plan shall, at a minimum, do the following:
(A)CA Health & Safety Code § 1367.27(o)(2)(A) Contact the affected provider no later than five business days following receipt of the report.
(B)CA Health & Safety Code § 1367.27(o)(2)(B) Document the receipt and outcome of each report. The documentation shall include the provider’s name, location, and a description of the plan’s investigation, the outcome of the investigation, and any changes or updates made to its provider directory or directories.
(C)CA Health & Safety Code § 1367.27(o)(2)(C) If changes to a plan’s provider directory or directories are required as a result of the plan’s investigation, the changes to the online provider directory or directories shall be made no later than the next scheduled weekly update, or the update immediately following that update, or sooner if required by federal law or regulations. For printed provider directories, the change shall be made no later than the next required update, or sooner if required by federal law or regulations.
(p)Copy CA Health & Safety Code § 1367.27(p)
(1)Copy CA Health & Safety Code § 1367.27(p)(1) Notwithstanding Sections 1371 and 1371.35, a plan may delay payment or reimbursement owed to a provider or provider group as specified in subparagraph (A) or (B), if the provider or provider group fails to respond to the plan’s attempts to verify the provider’s or provider group’s information as required under subdivision (l). The plan shall not delay payment unless it has attempted to verify the provider’s or provider group’s information. As used in this subdivision, “verify” means to contact the provider or provider group in writing, electronically, and by telephone to confirm whether the provider’s or provider group’s information is correct or requires updates. A plan may seek to delay payment or reimbursement owed to a provider or provider group only after the 10-business day notice period described in paragraph (4) of subdivision (l) has lapsed.
(A)CA Health & Safety Code § 1367.27(p)(1)(A) For a provider or provider group that receives compensation on a capitated or prepaid basis, the plan may delay no more than 50 percent of the next scheduled capitation payment for up to one calendar month.
(B)CA Health & Safety Code § 1367.27(p)(1)(B) For any claims payment made to a provider or provider group, the plan may delay the claims payment for up to one calendar month beginning on the first day of the following month.
(2)CA Health & Safety Code § 1367.27(p)(2) A plan shall notify the provider or provider group 10 business days before it seeks to delay payment or reimbursement to a provider or provider group pursuant to this subdivision. If the plan delays a payment or reimbursement pursuant to this subdivision, the plan shall reimburse the full amount of any payment or reimbursement subject to delay to the provider or provider group according to either of the following timelines, as applicable:
(A)CA Health & Safety Code § 1367.27(p)(2)(A) No later than three business days following the date on which the plan receives the information required to be submitted by the provider or provider group pursuant to subdivision (l).
(B)CA Health & Safety Code § 1367.27(p)(2)(B) At the end of the one-calendar month delay described in subparagraph (A) or (B) of paragraph (1), as applicable, if the provider or provider group fails to provide the information required to be submitted to the plan pursuant to subdivision (l).
(3)CA Health & Safety Code § 1367.27(p)(3) A plan may terminate a contract for a pattern or repeated failure of the provider or provider group to alert the plan to a change in the information required to be in the directory or directories pursuant to this section.
(4)CA Health & Safety Code § 1367.27(p)(4) A plan that delays payment or reimbursement under this subdivision shall document each instance a payment or reimbursement was delayed and report this information to the department in a format described by the department pursuant to Section 1367.035. This information shall be submitted along with the policies and procedures required to be submitted annually to the department pursuant to paragraph (1) of subdivision (m).
(5)CA Health & Safety Code § 1367.27(p)(5) With respect to plans with Medi-Cal managed care contracts with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000), Chapter 8 (commencing with Section 14200), or Chapter 8.75 (commencing with Section 14591) of the Welfare and Institutions Code, this subdivision shall be implemented only to the extent consistent with federal law and guidance.
(q)CA Health & Safety Code § 1367.27(q) In circumstances where the department finds that an enrollee reasonably relied upon materially inaccurate, incomplete, or misleading information contained in a health plan’s provider directory or directories, the department may require the health plan to provide coverage for all covered health care services provided to the enrollee and to reimburse the enrollee for any amount beyond what the enrollee would have paid, had the services been delivered by an in-network provider under the enrollee’s plan contract. Prior to requiring reimbursement in these circumstances, the department shall conclude that the services received by the enrollee were covered services under the enrollee’s plan contract. In those circumstances, the fact that the services were rendered or delivered by a noncontracting or out-of-plan provider shall not be used as a basis to deny reimbursement to the enrollee.
(r)CA Health & Safety Code § 1367.27(r) Whenever a plan determines as a result of this section that there has been a 10 percent change in the network for a product in a region, the plan shall file an amendment to the plan application with the department consistent with subdivision (f) of Section 1300.52 of Title 28 of the California Code of Regulations.
(s)CA Health & Safety Code § 1367.27(s) This section applies to plans with Medi-Cal managed care contracts with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000), Chapter 8 (commencing with Section 14200), or Chapter 8.75 (commencing with Section 14591) of the Welfare and Institutions Code to the extent consistent with federal law and guidance and state law guidance issued after January 1, 2016. Notwithstanding any other provision to the contrary in a plan contract with the State Department of Health Care Services, and to the extent consistent with federal law and guidance and state guidance issued after January 1, 2016, a Medi-Cal managed care plan that complies with the requirements of this section shall not be required to distribute a printed provider directory or directories, except as required by paragraph (1) of subdivision (d).
(t)CA Health & Safety Code § 1367.27(t) A health plan that contracts with multiple employer welfare agreements regulated pursuant to Article 4.7 (commencing with Section 742.20) of Chapter 1 of Part 2 of Division 1 of the Insurance Code shall meet the requirements of this section.
(u)CA Health & Safety Code § 1367.27(u) This section shall not be construed to alter a provider’s obligation to provide health care services to an enrollee pursuant to the provider’s contract with the plan.
(v)CA Health & Safety Code § 1367.27(v) As part of the department’s routine examination of the fiscal and administrative affairs of a health care service plan pursuant to Section 1382, the department shall include a review of the health care service plan’s compliance with subdivision (p).
(w)CA Health & Safety Code § 1367.27(w) For purposes of this section, “provider group” means a medical group, independent practice association, or other similar group of providers.

Section § 1367.28

Explanation

This California law requires full-service health care plans to update their provider directories and call centers by March 1, 2025, to list which in-network providers offer gender-affirming services. These services include various surgical procedures, hormone therapies, and other gender-related treatments. Providers can request to be added or removed from this list of service offerings. Additionally, this law does not change existing obligations under the Unruh Civil Rights Act for businesses to provide equal services to all individuals.

Within six months after the department issues guidance pursuant to paragraph (1) of subdivision (e) of Section 1367.043, and no later than March 1, 2025, a full service health care service plan shall include information within or accessible from the plan’s provider directory, and accessible through the plan’s call center, that identifies which of a plan’s in-network providers have affirmed that they offer and have provided gender-affirming services, including, but not limited to, feminizing mammoplasty, male chest reconstruction, mastectomy, gender-confirming facial surgery, hysterectomy, oophorectomy, penectomy, orchiectomy, feminizing genitoplasty, metoidioplasty, phalloplasty, scrotoplasty, voice masculinization or feminization, hormone therapy related to gender dysphoria or intersex conditions, gender-affirming gynecological care, or voice therapy related to gender dysphoria or intersex conditions. This information shall be updated when an in-network provider requests its inclusion or exclusion as a provider that offers and provides gender-affirming services. Nothing in this act alters any business establishment’s obligation to provide full and equal services to customers or patients regardless of their sex and other protected characteristics, pursuant to the Unruh Civil Rights Act (Section 51 of the Civil Code) and other applicable law.

Section § 1367.29

Explanation

This law requires health care service plans that cover professional mental health services to give enrollees an identification card starting July 1, 2011. This card helps access health benefits information, like knowing which providers are in-network and for claims purposes. At a minimum, the card must list the health plan's name, the enrollee's ID number, a contact phone number for assistance, and the plan's website address.

Health plans must issue this card when someone enrolls or if there's any change in coverage affecting the card's information. Plans don't need to issue a separate card for mental health if their general health card meets these requirements. If the duty to issue the card is given to another party, they must also follow these rules.

The law doesn't prevent plans from using electronic data standards but does exempt certain types of insurance, like Medicare supplements and accident-only insurance, unless they are behavioral health-only plans tied to other health plans that require ID cards.

(a)CA Health & Safety Code § 1367.29(a) On and after July 1, 2011, in accordance with subdivision (b), a health care service plan that provides coverage for professional mental health services, including a specialized health care service plan that provides coverage for professional mental health services, shall issue an identification card to an enrollee in order to assist the enrollee with accessing health benefits coverage information, including, but not limited to, in-network provider access information, and claims processing purposes. The identification card, at a minimum, shall include all of the following information:
(1)CA Health & Safety Code § 1367.29(a)(1) The name of the health care service plan issuing the identification card.
(2)CA Health & Safety Code § 1367.29(a)(2) The enrollee’s identification number.
(3)CA Health & Safety Code § 1367.29(a)(3) A telephone number that enrollees or providers may call for assistance with health benefits coverage information, in-network provider access information, and claims processing information, and if assessment services are provided by the health care service plan, access to assessment services for the purpose of referral to an appropriate level of care or an appropriate health care provider.
(4)CA Health & Safety Code § 1367.29(a)(4) The health care service plan’s Internet Web site address.
(b)CA Health & Safety Code § 1367.29(b) The identification card required by this section shall be issued by a health care service plan or a specialized health care service plan to an enrollee upon enrollment or upon a change in the enrollee’s coverage that impacts the data content or format of the card.
(c)CA Health & Safety Code § 1367.29(c) This section does not require a health care service plan to issue a separate identification card for professional mental health services coverage if the plan issues a card for health care coverage in general and the card provides the information required by this section.
(d)CA Health & Safety Code § 1367.29(d) If a health care service plan or a specialized health care service plan, as described in subdivision (a), delegates responsibility for issuing the identification card to a contractor or an agent, the contractor or agent shall be required to comply with this section.
(e)CA Health & Safety Code § 1367.29(e) This section does not prohibit a health care service plan or a specialized health care service plan from meeting the standards of the Workgroup for Electronic Data Interchange (WEDI) or other national uniform standards with respect to identification cards, and a health care service plan shall be deemed compliant with this section if the plan conforms with these standards, as long as the minimum requirements described in subdivision (a) have been met.
(f)CA Health & Safety Code § 1367.29(f) For the purposes of this section, “identification card” includes other technology that performs substantially the same function as an identification card.
(g)Copy CA Health & Safety Code § 1367.29(g)
(1)Copy CA Health & Safety Code § 1367.29(g)(1) This section shall not apply to Medicare supplement insurance, employee assistance programs, CHAMPUS supplement insurance, or TRI-CARE supplement insurance, or to hospital indemnity, accident-only, and specified disease insurance. This section shall also not apply to specialized health care service plans, except behavioral health-only plans.
(2)CA Health & Safety Code § 1367.29(g)(2) Notwithstanding paragraph (1), this section shall not apply to a behavioral health-only plan that provides coverage for professional mental health services pursuant to a contract with a health care service plan or insurer if that plan or insurer issues an identification card to its subscribers or insureds pursuant to this section or Section 10123.198 of the Insurance Code.

Section § 1367.30

Explanation

This law states that all group health care service plan contracts delivered to California residents must comply with Section 1374.58, no matter where the contract was made or where the subscriber lives.

Notwithstanding any other provision of law, every group health care service plan contract marketed, issued, or delivered to a resident of this state, regardless of the situs of the contract or the subscriber, shall be subject to Section 1374.58.

Section § 1367.031

Explanation

This law requires health care service plans in California to provide enrollees with annual information about their rights to timely access to health care services, including interpreter services. These details must be conveyed in specific ways: within coverage documents, newsletters, provider directories, and websites starting from various specified dates. The goal is to ensure that patients and providers understand appointment wait times for different types of care and know how to access help if they can't get a timely referral. Additionally, health care plans must inform their contracting providers about these obligations and how to seek assistance or file complaints if there are issues with accessing care.

This requirement also applies to Medi-Cal managed care plans with California's Department of Health Care Services.

(a)CA Health & Safety Code § 1367.031(a) A health care service plan contract that is issued, renewed, or amended on or after July 1, 2017, shall provide information to an enrollee regarding the standards for timely access to care adopted pursuant to Section 1367.03 and the information required by this section, including information related to receipt of interpreter services in a timely manner, no less than annually.
(b)CA Health & Safety Code § 1367.031(b) A health care service plan contract that is issued, renewed, or amended on or after July 1, 2022, shall provide information to an enrollee regarding the standards for timely access to care required by Section 1367.03 and the information required by this section, including information related to receipt of interpreter services in a timely manner, no less than annually.
(c)CA Health & Safety Code § 1367.031(c) A health care service plan at a minimum shall provide information regarding appointment wait times for urgent care, nonurgent primary care, nonurgent specialty care, and telephone screening established in Section 1367.032 or pursuant to Section 1367.03 to enrollees and contracting providers. The information shall also include notice of the availability of interpreter services at the time of the appointment pursuant to Section 1367.04. A health care service plan may indicate that exceptions to appointment wait times may apply if the department has found exceptions to be permissible.
(d)CA Health & Safety Code § 1367.031(d) The information required to be provided pursuant to this section shall be provided to an enrollee with individual coverage upon initial enrollment and annually thereafter upon renewal, and to enrollees and subscribers with group coverage upon initial enrollment and annually thereafter upon renewal. A health care service plan may include this information with other materials sent to the enrollee. The information shall also be provided in the following manner:
(1)CA Health & Safety Code § 1367.031(d)(1) In a separate section of the evidence of coverage titled “Timely Access to Care.”
(2)CA Health & Safety Code § 1367.031(d)(2) At least annually, in or with newsletters, outreach, or other materials that are routinely disseminated to the plan’s enrollees.
(3)CA Health & Safety Code § 1367.031(d)(3) Commencing January 1, 2018, in a separate section of the provider directory published and maintained by the health care service plan pursuant to Section 1367.27. The separate section shall be titled “Timely Access to Care.”
(4)CA Health & Safety Code § 1367.031(d)(4) On the internet website published and maintained by the health care service plan, in a manner that allows enrollees and prospective enrollees to easily locate the information.
(e)Copy CA Health & Safety Code § 1367.031(e)
(1)Copy CA Health & Safety Code § 1367.031(e)(1) A health care service plan shall provide the information required by this section to contracting providers on no less than an annual basis.
(2)CA Health & Safety Code § 1367.031(e)(2) A health care service plan shall also inform a contracting provider of all of the following:
(A)CA Health & Safety Code § 1367.031(e)(2)(A) Information about a health care service plan’s obligation under California law to provide or arrange for timely access to care.
(B)CA Health & Safety Code § 1367.031(e)(2)(B) How a contracting provider or enrollee can contact the health care service plan to obtain assistance if a patient is unable to obtain a timely referral to an appropriate provider.
(C)CA Health & Safety Code § 1367.031(e)(2)(C) The toll-free telephone number and internet website address for the Department of Managed Health Care where providers and enrollees can file a complaint if they are unable to obtain a timely referral to an appropriate provider.
(3)CA Health & Safety Code § 1367.031(e)(3) A health care service plan may comply with this subdivision by including the information with an existing communication with a contracting provider.
(f)CA Health & Safety Code § 1367.031(f) This section shall apply to Medi-Cal managed care plan contracts entered into with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code.

Section § 1367.31

Explanation

This law ensures that from January 1, 2017, health care plans in California can't require patients to get a referral to access reproductive and sexual health care services. This includes services detailed in other specific code sections but doesn't cover services needing referrals under a different rule. This rule applies to everyone, even minors. Health plans can set sensible rules for using these health services, but they can't be stricter than those for other health providers. No prior approval is needed to directly access these services. Plans can't have extra rules about contraceptive drugs that go beyond existing laws. Some health plans where no referrals are needed or those under certain welfare rules are exempt from this law.

(a)CA Health & Safety Code § 1367.31(a) Every health care service plan contract issued, amended, renewed, or delivered on or after January 1, 2017, shall be prohibited from requiring an enrollee to receive a referral prior to receiving coverage or services for reproductive and sexual health care.
(b)Copy CA Health & Safety Code § 1367.31(b)
(1)Copy CA Health & Safety Code § 1367.31(b)(1) For the purposes of this section, “reproductive and sexual health care services” are all reproductive and sexual health services described in Sections 6925, 6926, 6927, and 6928 of the Family Code, or Section 121020 of the Health and Safety Code, obtained by a patient.
(2)CA Health & Safety Code § 1367.31(b)(2) For the purposes of this section, “reproductive and sexual health care services” do not include the services subject to a health care service plan’s referral procedures as required by subdivisions (a) and (b) of Section 1374.16.
(3)CA Health & Safety Code § 1367.31(b)(3) This section applies whether or not the patient is a minor.
(c)CA Health & Safety Code § 1367.31(c) In implementing this section, a health care service plan may establish reasonable provisions governing utilization protocols for obtaining reproductive and sexual health care services, as provided for in subdivision (a), from health care providers participating in, or contracting with, the plan network, medical group, or independent practice association, provided that these provisions shall be consistent with the intent of this section and shall be those customarily applied to other health care providers, such as primary care physicians and surgeons, to whom the enrollee has direct access, and shall not be more restrictive for the provision of reproductive and sexual health care services. An enrollee shall not be required to obtain prior approval from another physician, another provider, or the health care service plan prior to obtaining direct access to reproductive and sexual health care services. A health care service plan may establish reasonable provisions governing communication with the enrollee’s primary care physician and surgeon regarding the enrollee’s condition, treatment, and any need for followup care.
(d)CA Health & Safety Code § 1367.31(d) This section shall not apply to a health care service plan contract that does not require enrollees to obtain a referral from their primary care physician prior to seeking covered health care services from a specialist.
(e)CA Health & Safety Code § 1367.31(e) A health care service plan shall not impose utilization protocols related to contraceptive drugs, supplies, and devices beyond the provisions outlined in Section 1367.25 of this code or Section 14132 of the Welfare and Institutions Code.
(f)CA Health & Safety Code § 1367.31(f) This section shall not apply to specialized health care service plan contracts or any health care service plan that is governed by Section 14131 of the Welfare and Institutions Code.

Section § 1367.32

Explanation

This law requires health insurance plans from religious employers in California, which don't cover abortion and contraception, to inform employees initially and every year about which abortion and contraception services are not covered by their plan. They must also provide information on services available at no cost through the California Reproductive Health Equity Program. Definitions for terms like abortion, contraception, and religious employer are noted, and it mentions that this law doesn't change other legal requirements in the chapter.

(a)CA Health & Safety Code § 1367.32(a) A health care service plan that provides health coverage to the employees of a religious employer that does not include coverage and benefits for both abortion and contraception shall provide, in writing upon initial enrollment and annually thereafter upon renewal, each enrollee with information regarding both of the following:
(1)CA Health & Safety Code § 1367.32(a)(1) Abortion and contraception benefits or services that are not included in the enrollee’s health care service plan contract.
(2)CA Health & Safety Code § 1367.32(a)(2) Abortion and contraception benefits or services that may be available at no cost through the California Reproductive Health Equity Program.
(b)CA Health & Safety Code § 1367.32(b) For purposes of this section:
(1)CA Health & Safety Code § 1367.32(b)(1) “Abortion” has the same meaning as defined in Section 123464.
(2)CA Health & Safety Code § 1367.32(b)(2) “California Reproductive Health Equity Program” means the program established pursuant to Section 127632.
(3)CA Health & Safety Code § 1367.32(b)(3) “Contraception” means the services and contraceptive methods described in paragraph (1) of subdivision (b) of Section 1367.25.
(4)CA Health & Safety Code § 1367.32(b)(4) “Religious employer” has the same meaning as described in Section 1367.25.
(c)CA Health & Safety Code § 1367.32(c) This section does not alter the applicability of any other requirement of this chapter.

Section § 1367.33

Explanation

This law says that starting January 1, 2024, any health plan operated by a college or university that provides healthcare only to its students, faculty, staff, and their dependents must include contraceptive coverage as outlined in certain other sections.

Notwithstanding any other law, a plan directly operated by a bona fide public or private institution of higher learning that directly provides health care services only to its students, faculty, staff, administration, and their respective dependents, and that is issued, amended, renewed, or delivered, on or after January 1, 2024, shall comply with the contraceptive coverage requirements of Sections 1367.25 and 1367.255.

Section § 1367.34

Explanation

This law requires that all health care service plans in California, starting January 1, 2022, must cover the costs of home test kits for sexually transmitted diseases (STDs), including the costs associated with processing the tests. These kits are for tests that a clinician orders or are provided for home use based on clinical guidelines and patient needs. The coverage applies when these tests are ordered by in-network providers.

The term 'home test kit' refers to products recommended by organizations like the CDC or the Preventive Services Task Force, which are FDA-approved and allow individuals to collect their own samples for STD, including HIV testing, at home. However, this rule does not apply to plans under certain state-managed health services, such as Medi-Cal, which have their own regulations.

(a)Copy CA Health & Safety Code § 1367.34(a)
(1)Copy CA Health & Safety Code § 1367.34(a)(1) Every health care service plan contract issued, amended, renewed, or delivered on or after January 1, 2022, shall provide coverage for home test kits for sexually transmitted diseases (STD), including any laboratory costs of processing the kit, that are deemed medically necessary or appropriate and ordered directly by a clinician or furnished through a standing order for patient use based on clinical guidelines and individual patient health needs.
(2)CA Health & Safety Code § 1367.34(a)(2) A commercial health care plan is required to cover the services outlined in paragraph (1) when ordered for an enrollee by an in-network provider.
(b)CA Health & Safety Code § 1367.34(b) For purposes of this section, “home test kit” means a product used for a test recommended by the federal Centers for Disease Control and Prevention guidelines or the United States Preventive Services Task Force that has been CLIA-waived, FDA-cleared or -approved, or developed by a laboratory in accordance with established regulations and quality standards, to allow individuals to self-collect specimens for STDs, including HIV, remotely at a location outside of a clinical setting.
(c)CA Health & Safety Code § 1367.34(c) This section shall not apply to health care service plans contracting with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code. For those health care service plans, the Medi-Cal requirements contained in subdivision (af) of Section 14132 of the Welfare and Institutions Code shall apply.

Section § 1367.035

Explanation

This law requires health care service plans to submit detailed data about their network adequacy to the department. This includes information on provider locations, specialties, admitting privileges, and capacity to serve patients. Additionally, any grievances regarding network adequacy from the previous year must be reported.

If a plan uses different networks for its Medi-Cal, individual market, or small group lines, it must submit data for each separately. The department will review these submissions for compliance, and the same data must also be shared with the State Department of Health Care Services for Medi-Cal providers. The department must avoid duplicate reporting, but can request additional information if necessary. Plans will be notified by November 1 if additional data requirements will be imposed in the following year. Health care plans can require providers to comply with these reporting requirements.

(a)CA Health & Safety Code § 1367.035(a) As part of the reports submitted to the department pursuant to subdivision (f) of Section 1367.03 and regulations adopted pursuant to that section, a health care service plan shall submit to the department, in a manner specified by the department, data regarding network adequacy, including, but not limited to, the following:
(1)CA Health & Safety Code § 1367.035(a)(1) Provider office location.
(2)CA Health & Safety Code § 1367.035(a)(2) Area of specialty.
(3)CA Health & Safety Code § 1367.035(a)(3) Hospitals where providers have admitting privileges, if any.
(4)CA Health & Safety Code § 1367.035(a)(4) Providers with open practices.
(5)CA Health & Safety Code § 1367.035(a)(5) The number of patients assigned to a primary care provider or, for providers who do not have assigned enrollees, information that demonstrates the capacity of primary care providers to be accessible and available to enrollees.
(6)CA Health & Safety Code § 1367.035(a)(6) Grievances regarding network adequacy and timely access that the health care service plan received during the preceding calendar year.
(b)CA Health & Safety Code § 1367.035(b) A health care service plan that uses a network for its Medi-Cal managed care product line that is different from the network used for its other product lines shall submit the data required under subdivision (a) for its Medi-Cal managed care product line separately from the data submitted for its other product lines.
(c)CA Health & Safety Code § 1367.035(c) A health care service plan that uses a network for its individual market product line that is different from the network used for its small group market product line shall submit the data required under subdivision (a) for its individual market product line separate from the data submitted for its small group market product line.
(d)CA Health & Safety Code § 1367.035(d) The department shall review the data submitted pursuant to this section for compliance with this chapter.
(e)CA Health & Safety Code § 1367.035(e) In submitting data under this section, a health care service plan that provides services to Medi-Cal beneficiaries pursuant to Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code shall provide the same data to the State Department of Health Care Services pursuant to Section 14456.3 of the Welfare and Institutions Code.
(f)CA Health & Safety Code § 1367.035(f) In developing the format and requirements for reports, data, or other information provided by plans pursuant to subdivision (a), the department shall not create duplicate reporting requirements, but, instead, shall take into consideration all existing relevant reports, data, or other information provided by plans to the department. This subdivision does not limit the authority of the department to request additional information from the plan as deemed necessary to carry out and complete any enforcement action initiated under this chapter.
(g)CA Health & Safety Code § 1367.035(g) If the department requests additional information or data to be reported pursuant to subdivision (a), which is different or in addition to the information required to be reported in paragraphs (1) to (6), inclusive, of subdivision (a), the department shall provide health care service plans notice of that change by November 1 of the year prior to the change.
(h)CA Health & Safety Code § 1367.035(h) A health care service plan may include in the provider contract provisions requiring compliance with the reporting requirements of Section 1367.03 and this section.

Section § 1367.35

Explanation

This law requires health care plans in California to cover comprehensive preventive care for children 16 years or younger when provided through group plans. The care must include regular health check-ups, immunizations, and necessary lab tests, following guidelines set by the American Academy of Pediatrics and the Childhood Immunization Schedule. Plans must inform current and prospective group members about these benefits. Exceptions apply for plans exempted by certain regulations.

(a)CA Health & Safety Code § 1367.35(a) On and after January 1, 1993, every health care service plan that covers hospital, medical, or surgical expenses on a group basis shall provide benefits for the comprehensive preventive care of children 16 years of age or younger under terms and conditions agreed upon between the group subscriber and the plan. Every plan shall communicate the availability of these benefits to all group contractholders and to all prospective group contractholders with whom they are negotiating. This section shall apply to each plan that, by rule or order of the director, has been exempted from subdivision (i) of Section 1367, insofar as that section and the rules thereunder relate to the provision of the preventive health care services described in this section.
(b)CA Health & Safety Code § 1367.35(b) For purposes of this section, benefits for the comprehensive preventive care of children shall comply with both of the following:
(1)CA Health & Safety Code § 1367.35(b)(1) Be consistent with both of the following:
(A)CA Health & Safety Code § 1367.35(b)(1)(A) The Recommendations for Preventive Pediatric Health Care, as adopted by the American Academy of Pediatrics in September of 1987.
(B)CA Health & Safety Code § 1367.35(b)(1)(B) The Recommended Childhood Immunization Schedule/United States, jointly adopted as of January 1, 2025, by the American Academy of Pediatrics, the Advisory Committee on Immunization Practices, and the American Academy of Family Physicians. Immunizations subject to this subparagraph may be modified or supplemented by the State Department of Public Health pursuant to Section 120164.
(2)CA Health & Safety Code § 1367.35(b)(2) Provide for all of the following:
(A)CA Health & Safety Code § 1367.35(b)(2)(A) Periodic health evaluations.
(B)CA Health & Safety Code § 1367.35(b)(2)(B) Immunizations.
(C)CA Health & Safety Code § 1367.35(b)(2)(C) Laboratory services in connection with periodic health evaluations.

Section § 1367.36

Explanation

This law states that health care contracts in California cannot force physicians or physician groups to bear the financial burden of acquiring vaccines for children, as of January 1, 2001. Physicians won't have to cover these costs unless they have explicitly agreed to in their contracts.

If a contract doesn't include children's immunizations, health care plans must reimburse physicians based on the lowest of the actual cost, average wholesale price, or the lowest available cost through the health care plan's offered sources. Payment must be made within 45 days after receiving proof of service.

Doctors can choose to assume financial risk for vaccines, but only if agreed upon through negotiation with the health care plan using data from past experiences. Nonetheless, no plan can force them into this financial risk. Acquisition costs for required vaccines cannot be included in a physician's fixed capitation rate.

(a)CA Health & Safety Code § 1367.36(a)  A risk-based contract between a health care service plan and a physician or physician group that is issued, amended, delivered, or renewed in this state on or after January 1, 2001, shall not include a provision that requires a physician or a physician group to assume financial risk for the acquisition costs of required immunizations for children as a condition of accepting the risk-based contract. A physician or physician group shall not be required to assume financial risk for immunizations that are not part of the current contract.
(b)CA Health & Safety Code § 1367.36(b)  Beginning January 1, 2001, with respect to immunizations for children that are not part of the current contract between a health care service plan and a physician or physician group, the health care service plan shall reimburse a physician or physician group at the lowest of the following, until the contract is renegotiated: (1) the physician’s actual acquisition cost, (2) the “average wholesale price” as published in the Drug Topics Red Book, or (3) the lowest acquisition cost through sources made available to the physician by the health care service plan. Reimbursements shall be made within 45 days of receipt by the plan of documents from the physician demonstrating that the immunizations were performed, consistent with Section 1371 or through an alternative funding mechanism mutually agreed to by the health care service plan and the physician or physician group. The alternative funding mechanism shall be based on reimbursements consistent with this subdivision.
(c)CA Health & Safety Code § 1367.36(c)  Physicians and physician groups may assume financial risk for providing required immunizations, if the immunizations have experiential data that has been negotiated and agreed upon by the health care service plan and the physician risk-bearing organization. However, a health care service plan shall not require a physician risk-bearing organization to accept financial risk or impose additional risk on a physician risk-bearing organization in violation of subdivision (a).
(d)CA Health & Safety Code § 1367.36(d)  A health care service plan shall not include the acquisition costs associated with required immunizations for children in the capitation rate of a physician who is individually capitated.

Section § 1367.37

Explanation

This law requires that most health care plans, starting July 1, 2025, must cover emergency room and follow-up care for individuals who have been victims of rape or sexual assault, without imposing any extra costs like co-pays or deductibles, for up to nine months after treatment begins. Follow-up care covers medical services related to the incident. The no-cost provision applies if claims are submitted with specific diagnostic codes related to rape or sexual assault.

Health care plans cannot require victims to file a police report or for the perpetrator to be charged or convicted to access this coverage. Generally, follow-up care should be provided within the plan's network, but plans must coordinate care outside the network if necessary services aren't available in-network, especially in emergencies.

For high deductible health plans, this law applies once the deductible for the year is met. Any cost sharing excludes premiums. Coverage is also considered part of 'sensitive services' under specific civil code sections.

(a)Copy CA Health & Safety Code § 1367.37(a)
(1)Copy CA Health & Safety Code § 1367.37(a)(1) A health care service plan contract issued, amended, or renewed on or after July 1, 2025, excluding a specialized health care service plan contract, shall provide coverage for emergency room medical care and followup health care treatment for an enrollee who is treated following a rape or sexual assault, as defined in Sections 261, 261.6, 263, 263.1, 286, 287, and 288.7 of the Penal Code, without imposing cost sharing, including copayments, coinsurance, or deductibles, for the first nine months after the enrollee initiates treatment.
(2)CA Health & Safety Code § 1367.37(a)(2) For the purposes of this section, “followup health care treatment” includes medical or surgical services for the diagnosis, prevention, or treatment of medical conditions arising from an instance of rape or sexual assault.
(3)CA Health & Safety Code § 1367.37(a)(3) The waiver of the imposition of cost sharing pursuant to paragraph (1) shall only apply if the enrollee’s treating provider submits all requests for claims payments using accurate diagnosis codes specific to rape or sexual assault.
(b)CA Health & Safety Code § 1367.37(b) A health care service plan shall not require any of the following to provide coverage under this section:
(1)CA Health & Safety Code § 1367.37(b)(1) An enrollee to file a police report on the rape or sexual assault.
(2)CA Health & Safety Code § 1367.37(b)(2) Charges to be brought against an assailant.
(3)CA Health & Safety Code § 1367.37(b)(3) An assailant to be convicted of an offense listed in subdivision (a).
(c)Copy CA Health & Safety Code § 1367.37(c)
(1)Copy CA Health & Safety Code § 1367.37(c)(1) This section does not authorize an enrollee to receive followup health care treatment required to be covered by this section if treatment is furnished by a nonparticipating provider, except as specified in paragraphs (2) and (3).
(2)CA Health & Safety Code § 1367.37(c)(2) A plan shall arrange for the provision of followup health care treatment required by this section from providers outside the plan’s network if those services are unavailable within the network to ensure timely access to covered health care services consistent with Section 1367.03.
(3)CA Health & Safety Code § 1367.37(c)(3) A plan shall cover followup health care treatment if those services are for emergency services and care as defined in Section 1317.1.
(d)CA Health & Safety Code § 1367.37(d) For a health care service plan contract that meets the definition of a “high deductible health plan” set forth in Section 223(c)(2) of Title 26 of the United States Code, this section shall only apply once an enrollee’s deductible has been satisfied for the year.
(e)CA Health & Safety Code § 1367.37(e) “Cost sharing” includes any copayment, coinsurance, or deductible, or any other form of cost sharing paid by the enrollee other than premium or share of premium.
(f)CA Health & Safety Code § 1367.37(f) Coverage provided under this section is coverage of sensitive services provided to a protected individual as those terms are defined in Section 56.05 and pursuant to Section 56.107 of the Civil Code.

Section § 1367.38

Explanation

This law requires health care plans in California to cover the prevention, diagnosis, and treatment of PANDAS and PANS for contracts issued, amended, or renewed on or after January 1, 2025. Coverage must include various treatments like antibiotics and immunotherapy, as long as they are medically necessary according to expert guidelines. There cannot be higher costs for these treatments than for other benefits, and authorizations for care must be timely.

Importantly, plans cannot deny treatment based on previous treatments or differing diagnostic names and must follow specific expert treatment guidelines. Until official codes are available, PANDAS and PANS are to be categorized as autoimmune encephalitis for billing purposes.

(a)CA Health & Safety Code § 1367.38(a) A health care service plan contract issued, amended, or renewed on or after January 1, 2025, shall provide coverage for the prophylaxis, diagnosis, and treatment of Pediatric Autoimmune Neuropsychiatric Disorder Associated with Streptococcal Infections (PANDAS) and Pediatric Acute-onset Neuropsychiatric Syndrome (PANS) that is prescribed or ordered by the treating physician and surgeon and is medically necessary, as defined by current nationally recognized clinical practice guidelines by expert treating physicians published in peer-reviewed medical literature. Treatment for PANDAS and PANS that shall be covered includes antibiotics, medication and behavioral therapies to manage neuropsychiatric symptoms, immunomodulating medicines, plasma exchange, and intravenous immunoglobulin therapy.
(b)CA Health & Safety Code § 1367.38(b) Coverage for PANDAS and PANS shall not be subject to a copayment, coinsurance, deductible, or other cost sharing that is greater than that applied to other benefits provided by the contract.
(c)Copy CA Health & Safety Code § 1367.38(c)
(1)Copy CA Health & Safety Code § 1367.38(c)(1) A required authorization for PANDAS and PANS prophylaxis, diagnosis, or treatment shall be provided in a timely manner that is appropriate for the severity of an enrollee’s condition pursuant to Section 1367.03.
(2)CA Health & Safety Code § 1367.38(c)(2) A health care service plan shall not deny or delay coverage for PANDAS or PANS therapies because the enrollee previously received treatment, including the same or similar treatment, for PANDAS or PANS, or because the enrollee was diagnosed with or received treatment for their condition under a different diagnostic name, including autoimmune encephalopathy.
(3)CA Health & Safety Code § 1367.38(c)(3) A health care service plan shall not limit coverage of immunomodulating therapies for PANDAS or PANS in a manner that is inconsistent with the treatment recommendations pursuant to subdivision (d), and shall not require a trial of therapies that treat only neuropsychiatric symptoms before authorizing coverage of immunomodulating therapies pursuant to this section.
(d)CA Health & Safety Code § 1367.38(d) Coverage for PANDAS and PANS shall adhere to the treatment recommendations delineated in current clinical practice guidelines published in peer-reviewed medical literature or put forth by organizations composed of expert treating clinicians.
(e)CA Health & Safety Code § 1367.38(e) For billing and diagnostic purposes, PANDAS and PANS shall be coded as autoimmune encephalitis until the American Medical Association and the federal Centers for Medicare and Medicaid Services create and assign a specific code or codes for PANDAS and PANS. After the creation of that code or codes, PANDAS and PANS may be coded as autoimmune encephalitis, PANDAS, or PANS. If PANDAS or PANS is known by a different common name in the future, it may be coded under that name and this section shall apply to that disorder or syndrome.
(f)CA Health & Safety Code § 1367.38(f) This section does not apply to a specialized health care service plan contract that covers dental or vision benefits or a Medicare supplement policy.

Section § 1367.39

Explanation

This law mandates that health care service plan contracts issued, amended, or renewed from January 1, 2022, covering pediatric and preventive care must include coverage for screenings of adverse childhood experiences (ACEs). Cost-sharing can still apply if legally authorized.

ACEs refer to harmful or threatening experiences that negatively impact a child’s wellbeing in various aspects such as physical or emotional health.

The health department may issue guidance to implement this requirement, and such guidance will be based on existing Medi-Cal rules. However, health plans can offer more than the minimum Medi-Cal requirements.

(a)CA Health & Safety Code § 1367.39(a) A health care service plan contract issued, amended, or renewed on or after January 1, 2022, that provides coverage for pediatric services and preventive care, as required by this chapter, including Sections 1367.002 and 1367.005, shall additionally include coverage for adverse childhood experiences screenings. This section does not prohibit a health care service plan from applying cost-sharing requirements as authorized by law.
(b)CA Health & Safety Code § 1367.39(b) For purposes of this section, “adverse childhood experiences,” or “ACEs,” means an event, series of events, or set of circumstances that is experienced by an individual as physically or emotionally harmful or threatening and that has lasting adverse effects on the individual’s functioning and physical, social, emotional, or spiritual well-being.
(c)CA Health & Safety Code § 1367.39(c) The department may adopt guidance to health care service plans to implement this section. The guidance shall not be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The departmental guidance shall apply the rules and regulations for screening for trauma as set forth in the Medi-Cal program as the minimum ACEs coverage requirements for health care service plans. This section does not prohibit a health care service plan from exceeding the Medi-Cal program’s rules and regulations for trauma screening.

Section § 1367.041

Explanation

This California law requires health care service plans that market or advertise in non-English languages in individual or small group markets to provide key documents in those languages. This includes welcome letters, application materials, and notices about translation services, grievance filing, and summaries of benefits. It ensures language accessibility for limited-English speakers.

All translations must be done by trained and qualified translators. The law doesn't apply to specialized plans that don't offer essential health benefits.

(a)CA Health & Safety Code § 1367.041(a) A health care service plan that advertises or markets products in the individual or small group health care service plan markets, or allows any other person or business to market or advertise on its behalf in the individual or small group health care service plan markets, in a non-English language that does not meet the requirements set forth in Sections 1367.04 and 1367.07, shall provide the following documents in the same non-English language:
(1)CA Health & Safety Code § 1367.041(a)(1) Welcome letters or notices of initial coverage, if provided.
(2)CA Health & Safety Code § 1367.041(a)(2) Applications for enrollment and any information pertinent to eligibility or participation.
(3)CA Health & Safety Code § 1367.041(a)(3) Notices advising limited-English-proficient persons of the availability of no-cost translation and interpretation services.
(4)CA Health & Safety Code § 1367.041(a)(4) Notices pertaining to the right and instructions on how an enrollee may file a grievance.
(5)CA Health & Safety Code § 1367.041(a)(5) The uniform summary of benefits and coverage required pursuant to subparagraph (A) of paragraph (3) of subdivision (c) of Section 1363.
(b)CA Health & Safety Code § 1367.041(b) A health care service plan shall use a trained and qualified translator for all written translations of marketing and advertising materials relating to health care service plan products, and for all of the documents specified in subdivision (a).
(c)CA Health & Safety Code § 1367.041(c) This section shall not apply to a specialized health care service plan that does not offer an essential health benefit as defined in Section 1367.005.

Section § 1367.41

Explanation

This law requires health care service plans to have a pharmacy and therapeutics committee that manages the list of approved drugs. Starting in 2017, these committees must include various medical professionals and meet regularly to review and update drug lists based on scientific evidence and best practices. Members must avoid conflicts of interest, and at least 20% must be free from conflicts with drug manufacturers. The committee must ensure the drug lists cover a wide range of treatments, adhere to accepted medical guidelines, and allow fair patient access. Policies must be reviewed annually to handle exceptions and new drug approvals effectively.

(a)CA Health & Safety Code § 1367.41(a) Commencing January 1, 2017, a health care service plan shall maintain a pharmacy and therapeutics committee that shall be responsible for developing, maintaining, and overseeing any drug formulary list. If the plan delegates responsibility for the formulary to any entity, the obligation of the plan to comply with this chapter shall not be waived.
(b)CA Health & Safety Code § 1367.41(b) The pharmacy and therapeutics committee board membership shall conform with both of the following:
(1)CA Health & Safety Code § 1367.41(b)(1) Represent a sufficient number of clinical specialties to adequately meet the needs of enrollees.
(2)CA Health & Safety Code § 1367.41(b)(2) Consist of a majority of individuals who are practicing physicians, practicing pharmacists, and other practicing health professionals who are licensed to prescribe drugs.
(c)CA Health & Safety Code § 1367.41(c) Members of the board shall abstain from voting on any issue in which the member has a conflict of interest with respect to the issuer or a pharmaceutical manufacturer.
(d)CA Health & Safety Code § 1367.41(d) At least 20 percent of the board membership shall not have a conflict of interest with respect to the issuer or any pharmaceutical manufacturer.
(e)CA Health & Safety Code § 1367.41(e) The pharmacy and therapeutics committee shall meet at least quarterly and shall maintain written documentation of the rationale for its decisions regarding the development of, or revisions to, the formulary drug list.
(f)CA Health & Safety Code § 1367.41(f) The pharmacy and therapeutics committee shall do all of the following:
(1)CA Health & Safety Code § 1367.41(f)(1) Develop and document procedures to ensure appropriate drug review and inclusion.
(2)CA Health & Safety Code § 1367.41(f)(2) Base clinical decisions on the strength of the scientific evidence and standards of practice, including assessing peer-reviewed medical literature, pharmacoeconomic studies, outcomes research data, and other related information.
(3)CA Health & Safety Code § 1367.41(f)(3) Consider the therapeutic advantages of drugs in terms of safety and efficacy when selecting formulary drugs.
(4)CA Health & Safety Code § 1367.41(f)(4) Review policies that guide exceptions and other utilization management processes, including drug utilization review, quantity limits, and therapeutic interchange.
(5)CA Health & Safety Code § 1367.41(f)(5) Evaluate and analyze treatment protocols and procedures related to the plan’s formulary at least annually.
(6)CA Health & Safety Code § 1367.41(f)(6) Review and approve all clinical prior authorization criteria, step therapy protocols, and quantity limit restrictions applied to each covered drug.
(7)CA Health & Safety Code § 1367.41(f)(7) Review new United States Food and Drug Administration-approved drugs and new uses for existing drugs.
(8)CA Health & Safety Code § 1367.41(f)(8) Ensure that the plan’s formulary drug list or lists cover a range of drugs across a broad distribution of therapeutic categories and classes and recommended drug treatment regimens that treat all disease states and do not discourage enrollment by any group of enrollees.
(9)CA Health & Safety Code § 1367.41(f)(9) Ensure that the plan’s formulary drug list or lists provide appropriate access to drugs that are included in broadly accepted treatment guidelines and that are indicative of general best practices at the time.
(g)CA Health & Safety Code § 1367.41(g) This section shall be interpreted consistent with federal guidance issued under paragraph (3) of subdivision (a) of Section 156.122 of Title 45 of the Code of Federal Regulations. This section shall apply to the individual, small group, and large group markets.

Section § 1367.042

Explanation

This law requires health care service plans to inform their members and the public about certain key aspects: language assistance services available for free, auxiliary aids for individuals with disabilities, and assurance of non-discrimination based on various characteristics like race, gender, or disability.

Members should be informed about grievance and discrimination complaint procedures both initially and every year upon renewal. Details must be prominent in coverage documents, annual communications, and on the health plan's website.

Some specialized plans may request an exemption from these requirements unless they provide mental health benefits, in which case they do not qualify for such exemptions unless they are employee assistance programs. Exemptions must be publicly disclosed on the department's website. This regulation does not apply to certain Medi-Cal managed care plans.

(a)CA Health & Safety Code § 1367.042(a) A health care service plan shall notify enrollees and members of the public of all of the following information:
(1)CA Health & Safety Code § 1367.042(a)(1) The availability of language assistance services, including oral interpretation and translated written materials, free of charge and in a timely manner pursuant to Section 1367.04, and how to access these services. This information shall be available in the top 15 languages spoken by limited-English-proficient individuals in California as determined by the State Department of Health Care Services.
(2)CA Health & Safety Code § 1367.042(a)(2) The availability of appropriate auxiliary aids and services, including qualified interpreters for individuals with disabilities and information in alternate formats, free of charge and in a timely manner, when those aids and services are necessary to ensure an equal opportunity to participate for individuals with disabilities.
(3)CA Health & Safety Code § 1367.042(a)(3) The health plan does not discriminate on the basis of race, color, national origin, ancestry, religion, sex, marital status, gender, gender identity, sexual orientation, age, or disability.
(4)CA Health & Safety Code § 1367.042(a)(4) The availability of the grievance procedure described in Section 1368, how to file a grievance, including the name of the plan representative and the telephone number, address, and email address of the plan representative who may be contacted about the grievance, and how to submit the grievance to the department for review after completing the grievance process or participating in the process for at least 30 days.
(5)CA Health & Safety Code § 1367.042(a)(5) How to file a discrimination complaint with the United States Department of Health and Human Services Office for Civil Rights if there is a concern of discrimination based on race, color, national origin, age, disability, or sex.
(b)CA Health & Safety Code § 1367.042(b) The information required to be provided pursuant to this section shall be provided to an enrollee with individual coverage upon initial enrollment and annually thereafter upon renewal, and to enrollees and subscribers with group coverage upon initial enrollment and annually thereafter upon renewal. A health care service plan may include this information with other materials sent to the enrollee. The information shall also be provided in the following manner:
(1)CA Health & Safety Code § 1367.042(b)(1) In a conspicuously visible location in the evidence of coverage.
(2)CA Health & Safety Code § 1367.042(b)(2) At least annually, in or with newsletters, outreach, or other materials that are routinely disseminated to the plan’s enrollees.
(3)CA Health & Safety Code § 1367.042(b)(3) On the Internet Web site published and maintained by the health care service plan, in a manner that allows enrollees, prospective enrollees, and members of the public to easily locate the information.
(c)Copy CA Health & Safety Code § 1367.042(c)
(1)Copy CA Health & Safety Code § 1367.042(c)(1) A specialized health care plan that is not a covered entity, as defined in Section 92.4 of Title 45 of the Code of Federal Regulations, subject to Section 1557 of the federal Patient Protection and Affordable Care Act (42 U.S.C. Sec. 18116) may request an exemption from the requirements under this section.
(2)CA Health & Safety Code § 1367.042(c)(2) The department shall not grant an exemption under this subdivision to a specialized health care service plan that arranges for mental health benefits, except for employee assistance program plans.
(3)CA Health & Safety Code § 1367.042(c)(3) The department shall provide information on its Internet Web site about any exemptions granted under this subdivision.
(d)CA Health & Safety Code § 1367.042(d) This section does not apply to Medi-Cal managed care plan contracts entered into with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code.

Section § 1367.42

Explanation

This law states that starting from January 1, 2017, health plans that offer essential health benefits must allow enrollees to get their prescription drugs at an in-network retail pharmacy, unless the drug requires special handling, restricted distribution, or extra care that a retail pharmacy can't provide.

Additionally, health plans for individuals or small groups can charge different cost-sharing amounts for drugs obtained at a retail pharmacy. However, any cost-sharing paid must count toward the annual limit on out-of-pocket expenses.

(a)CA Health & Safety Code § 1367.42(a) For plan years commencing on or after January 1, 2017, a plan that provides essential health benefits shall allow an enrollee to access prescription drug benefits at an in-network retail pharmacy unless the prescription drug is subject to restricted distribution by the United States Food and Drug Administration or requires special handling, provider coordination, or patient education that cannot be provided by a retail pharmacy.
(b)CA Health & Safety Code § 1367.42(b) A nongrandfathered individual or small group health plan contract may charge an enrollee a different cost sharing for obtaining a covered drug at a retail pharmacy, but all cost sharing shall count toward the plan’s annual limitation on cost sharing consistent with Section 1367.006.

Section § 1367.043

Explanation

This law requires health care service plans in California to ensure their staff complete cultural competency training focused on trans-inclusive health care for transgender, gender diverse, and intersex individuals. This training aims to improve communication, address health inequities, and respect gender identities.

The training includes the history and impact of exclusion, correct use of names and pronouns, and provides perspectives from relevant groups. Plans must also adhere to approved curricula. If a complaint about providing trans-inclusive care is filed and upheld, staff must take refresher courses.

If discrimination based on gender identity is reported, these complaints are reviewed and potentially referred to the Civil Rights Department. The department monitors and publicly reports related complaints. Health care plans also need to comply with evolving department guidance and regulations expected by July 1, 2027.

(a)Copy CA Health & Safety Code § 1367.043(a)
(1)Copy CA Health & Safety Code § 1367.043(a)(1) Within six months after the department issues guidance pursuant to paragraph (1) of subdivision (e), and no later than March 1, 2025, a health care service plan that issues, sells, renews, or offers health care service plan contracts for health care coverage in this state, including a grandfathered health plan, but not including specialized health care service plan contracts that provide only dental or vision services, shall require all of its health care service plan staff who are in direct contact with enrollees in the delivery of care or enrollee services to complete evidence-based cultural competency training for the purpose of providing trans-inclusive health care for individuals who identify as transgender, gender diverse, or intersex (TGI).
(2)CA Health & Safety Code § 1367.043(a)(2) An evidence-based cultural competency training implemented pursuant to paragraph (1) shall include all of the following:
(A)CA Health & Safety Code § 1367.043(a)(2)(A) Information about the effects, including, but not limited to, ongoing personal effects, of historical and contemporary exclusion and oppression of TGI communities.
(B)CA Health & Safety Code § 1367.043(a)(2)(B) Information about communicating more effectively across gender identities, including TGI-inclusive terminology, using people’s correct names and pronouns, even when they are not reflected in records or legal documents; avoiding language, whether verbal or nonverbal, that demeans, ridicules, or condemns TGI individuals; and avoiding making assumptions about gender identity by using gender-neutral language and avoiding language that presumes all individuals are heterosexual, cisgender or gender conforming, or nonintersex.
(C)CA Health & Safety Code § 1367.043(a)(2)(C) Discussion on health inequities within the TGI community, including family and community acceptance.
(D)CA Health & Safety Code § 1367.043(a)(2)(D) Perspectives of diverse, local constituency groups and TGI-serving organizations, including, but not limited to, the California Transgender Advisory Council.
(E)CA Health & Safety Code § 1367.043(a)(2)(E) Recognition of the difference between personal values and professional responsibilities with regard to serving TGI people.
(F)CA Health & Safety Code § 1367.043(a)(2)(F) Facilitation by TGI-serving organizations.
(3)CA Health & Safety Code § 1367.043(a)(3) Use of any training curricula for purposes of implementing paragraph (1) shall be subject to approval by the department, following stakeholder engagement with local constituency groups and TGI-serving organizations, including, but not limited to, the California Transgender Advisory Council.
(4)CA Health & Safety Code § 1367.043(a)(4) After first-time completion of the evidence-based cultural competency training, in the form of initial basic training, an individual described in paragraph (1) shall complete a refresher course if a complaint has been filed with the health care service plan or the department pursuant to Section 1368, and a decision has been made in favor of the complainant, against that individual for not providing trans-inclusive health care, or on a more frequent basis if deemed necessary by the health care service plan or the department for purposes of providing trans-inclusive health care.
(b)CA Health & Safety Code § 1367.043(b) The director shall review individual case complaints received by the department pursuant to Section 1368, alleging discrimination on the basis of gender identity and refer those complaints to the Civil Rights Department. For improper denials, delays, or modifications of trans-inclusive care, the department shall review the complaints received by the department to determine whether any enforcement actions, including sanctions pursuant to Article 7 (commencing with Section 1386) or Article 8 (commencing with Section 1390), may be appropriate.
(c)CA Health & Safety Code § 1367.043(c) The department shall track and monitor complaints received by the department, pursuant to Section 1368, related to trans-inclusive health care and publicly report this data with other complaint data in its annual report, on its website, or with other public reports containing complaint data.
(d)CA Health & Safety Code § 1367.043(d) For purposes of this section, the following definitions apply:
(1)CA Health & Safety Code § 1367.043(d)(1) “TGI” means transgender, gender diverse or intersex.
(2)CA Health & Safety Code § 1367.043(d)(2) “TGI-serving organization” has the same meaning as set forth in paragraph (2) of subdivision (f) of Section 150900.
(3)CA Health & Safety Code § 1367.043(d)(3) “Trans-inclusive health care” means comprehensive health care that is consistent with the standards of care for individuals who identify as TGI, honors an individual’s personal bodily autonomy, does not make assumptions about an individual’s gender, accepts gender fluidity and nontraditional gender presentation, and treats everyone with compassion, understanding, and respect.
(e)Copy CA Health & Safety Code § 1367.043(e)
(1)Copy CA Health & Safety Code § 1367.043(e)(1) Within six months of development of the quality standard and recommendations for curriculum pursuant to Section 150950 and no later than September 1, 2024, the department shall develop guidance and procedures for compliance with this section. In developing guidance pursuant to this subdivision, the department shall consider the recommendations made by the working group pursuant to Section 150950.
(2)CA Health & Safety Code § 1367.043(e)(2) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department, without taking any further regulatory action, shall implement, interpret, or make specific this section by means of plan letters, procedures, or similar instructions, until regulations are adopted.
(3)CA Health & Safety Code § 1367.043(e)(3) The department shall adopt regulations for purposes of this section by July 1, 2027, in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The department shall provide a status report to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations are adopted. In developing the regulations, the department shall consider the recommendations made by the working group pursuant to Section 150950.
(f)CA Health & Safety Code § 1367.043(f) If a health care service plan delegates duties under this section to a contracted entity, including, but not limited to, a medical group or independent practice association, then the delegated entity shall comply with this section.
(g)CA Health & Safety Code § 1367.043(g) The director may take enforcement action including, but not limited to, imposing penalties, pursuant to Article 7 (commencing with Section 1386) or Article 8 (commencing with Section 1390), for noncompliance with the requirements of this section or regulations promulgated thereunder.

Section § 1367.43

Explanation

Starting January 1, 2019, health insurance plans in California must adjust the cost that someone pays for a partial prescription fill, but this only applies to pills and capsules that you swallow. It links to another rule about how prescriptions are to be dispensed.

Commencing January 1, 2019, a health care service plan shall prorate an enrollee’s cost sharing for a partial fill of a prescription dispensed pursuant to Section 4052.10 of the Business and Professions Code. This section shall only apply to oral, solid dosage forms of prescription drugs.

Section § 1367.045

Explanation

This law states that any health care plan contract from January 1, 2021, onward cannot include a clause that gives the insurance company, or their agent, discretionary power to decide who qualifies for benefits or how contract terms are interpreted in a way that goes against California law. If it does, that clause will be invalid.

Discretionary authority means giving the power to decide who gets benefits or how the contract is understood, especially if it would lead to the contract being reviewed favorably for the insurer in court. However, health plans can still have provisions that explain how decisions are typically made as long as it doesn't result in favorable legal interpretations for the insurer.

This rule applies to both group and individual health plan contracts.

(a)CA Health & Safety Code § 1367.045(a) If a health care service plan contract offered, issued, delivered, amended, or renewed on or after January 1, 2021, contains a provision that reserves discretionary authority to the plan, or an agent of the plan, to determine eligibility for benefits or coverage, to interpret the terms of the contract, or to provide standards of interpretation or review that are inconsistent with the laws of this state, that provision is void and unenforceable.
(b)CA Health & Safety Code § 1367.045(b) For purposes of this section, the term “discretionary authority” means a contract provision that has the effect of conferring discretion on a health care service plan or other claims administrator to determine entitlement to benefits or interpret contract language that, in turn, could lead to a deferential standard of review by a reviewing court.
(c)CA Health & Safety Code § 1367.045(c) This section does not prohibit a health care service plan from including a provision in a contract that informs an enrollee that, as part of its routine operations, the plan applies the terms of its contracts for making decisions, including making determinations regarding eligibility, receipt of benefits and claims, or explaining policies, procedures, and processes, so long as the provision could not give rise to a deferential standard of review by a reviewing court.
(d)CA Health & Safety Code § 1367.045(d) This section applies to both group and individual health care service plan contracts.

Section § 1367.45

Explanation

This law mandates that any health plan started or changed after January 1, 2002, must cover an AIDS vaccine approved by the FDA and recommended by the U.S. Public Health Service. It doesn't require coverage for AIDS vaccine clinical trials or investigational new drugs. Health plans can't pass the costs of these vaccines to other providers unless certain conditions are met. Plans are still allowed to negotiate best prices for vaccines, and the law doesn’t limit government oversight on how plans include prescription drugs.

(a)CA Health & Safety Code § 1367.45(a)  Every individual or group health care service plan contract that is issued, amended, or renewed on or after January 1, 2002, that covers hospital, medical, or surgery expenses shall provide coverage for a vaccine for acquired immune deficiency syndrome (AIDS) that is approved for marketing by the federal Food and Drug Administration and that is recommended by the United States Public Health Service.
(b)CA Health & Safety Code § 1367.45(b)  This section may not be construed to require a health care service plan to provide coverage for any clinical trials relating to an AIDS vaccine or for any AIDS vaccine that has been approved by the federal Food and Drug Administration in the form of an investigational new drug application.
(c)CA Health & Safety Code § 1367.45(c)  A health care service plan that contracts directly with an individual provider or provider organization may not delegate the risk adjusted treatment cost of providing services under this section unless the requirements of Section 1375.5 are met.
(d)CA Health & Safety Code § 1367.45(d)  Nothing in this section is to be construed in any manner to limit or impede a health care service plan’s power or responsibility to negotiate the most cost-effective price for vaccine purchases.
(e)CA Health & Safety Code § 1367.45(e)  Nothing in this section shall be construed to deny or restrict in any way the department’s authority to ensure plan compliance with this chapter when a plan provides coverage for prescription drugs.

Section § 1367.46

Explanation

Starting January 1, 2009, any health care service plan contract, whether new or amended, must include coverage for HIV testing. This applies even if the test isn't directly related to the main medical issue being treated.

Every individual or group health care service plan contract that is issued, amended, or renewed on or after January 1, 2009, that covers hospital, medical, or surgery expenses shall provide coverage for human immunodeficiency virus (HIV) testing, regardless of whether the testing is related to a primary diagnosis.

Section § 1367.47

Explanation

This law regulates how much a health care plan can charge enrollees for prescription drugs at the pharmacy counter. Enrollees should pay the lower amount between their plan's cost-sharing price or the drug's retail price. Pharmacies can't charge more than the retail price for the drug, even if the cost-sharing amount is higher. Payments at the pharmacy count towards the deductible and out-of-pocket limits as if the enrollee paid the higher cost-sharing amount.

(a)CA Health & Safety Code § 1367.47(a) The maximum amount a health care service plan may require an enrollee to pay at the point of sale for a covered prescription drug is the lesser of the following:
(1)CA Health & Safety Code § 1367.47(a)(1) The applicable cost-sharing amount for the prescription drug.
(2)CA Health & Safety Code § 1367.47(a)(2) The retail price.
(b)CA Health & Safety Code § 1367.47(b) A health care service plan shall not require a pharmacist or pharmacy to charge or collect from an enrollee a cost-sharing amount that exceeds the total retail price for the prescription drug.
(c)CA Health & Safety Code § 1367.47(c) The payment rendered shall constitute the applicable cost sharing and shall apply to the deductible, if any, and also to the maximum out-of-pocket limit in the same manner as if the enrollee had purchased the prescription drug by paying the cost-sharing amount.

Section § 1367.49

Explanation

This law prevents contracts between health care service plans and providers from restricting the plan's ability to share cost and quality information with consumers and buyers. Such contracts must allow transparent sharing about the cost of treatments and quality of services.

If any contract clause contradicts this rule, it is null and void. The health care plan must give providers a 30-day notice to review the data and methods used to formulate cost and quality info before it’s shared with consumers.

The shared information should adjust for different patient characteristics to ensure fairness. Websites sharing the data must include a statement acknowledging potential disagreements about data interpretation. Providers can also link to their own websites for their responses.

This section specifies definitions for terms like 'consumers,' 'providers,' and 'purchasers' used within the law. Additionally, other sections, such as Section 1390, do not apply to this law.

(a)CA Health & Safety Code § 1367.49(a) A contract issued, amended, renewed, or delivered on or after January 1, 2015, by or on behalf of a health care service plan and a provider or supplier shall not contain any provision that restricts the ability of the health care service plan to furnish consumers or purchasers information concerning any of the following:
(1)CA Health & Safety Code § 1367.49(a)(1) The cost range of a procedure or a full course of treatment, including, but not limited to, facility, professional, and diagnostic services, prescription drugs, durable medical equipment, and other items and services related to the treatment.
(2)CA Health & Safety Code § 1367.49(a)(2) The quality of services performed by the provider or supplier.
(b)CA Health & Safety Code § 1367.49(b) Any contractual provision inconsistent with this section shall be void and unenforceable.
(c)CA Health & Safety Code § 1367.49(c) A health care service plan shall provide the provider or supplier an advance opportunity of 30 days to review the methodology and data developed and compiled by the health care service plan, and used pursuant to subdivision (a), before cost or quality information is provided to consumers or purchasers, including material revisions or additions of new information. At the time the health care service plan provides a provider or supplier with the opportunity to review the methodology and data, it shall also notify the provider or supplier in writing of their opportunity to provide an Internet Web site link pursuant to subdivision (f).
(d)CA Health & Safety Code § 1367.49(d) If the information proposed to be furnished to enrollees and subscribers on the quality of services performed by a provider or supplier is data that the plan has developed and compiled, the plan shall utilize appropriate risk adjustment factors to account for different characteristics of the population, such as case mix, severity of patient’s condition, comorbidities, outlier episodes, and other factors to account for differences in the use of health care resources among providers and suppliers.
(e)CA Health & Safety Code § 1367.49(e) Any Internet Web site owned or controlled by a health care service plan, or operated by another person or entity under contract with or on behalf of a health care service plan, that displays the information developed and compiled by the health care service plan as referenced by this section shall prominently post the following statement:
“Individual facilities or health care providers may disagree with the methodology used to define the cost ranges, the cost data, or quality measures. Many factors may influence cost or quality, including, but not limited to, the cost of uninsured and charity care, the type and severity of procedures, the case mix of a facility, special services such as trauma centers, burn units, medical and other educational programs, research, transplant services, technology, payer mix, and other factors affecting individual facilities and health care providers.”
A health care service plan and a provider or supplier shall not be precluded from mutually agreeing in writing to an alternative method of conveying this statement.
(f)CA Health & Safety Code § 1367.49(f) If a provider or supplier chooses to provide an Internet Web site link where a response to the health care service plan’s posting may be found, it shall do so in a timely manner in order to satisfy the requirements of this section. If a provider or supplier chooses to provide a response, a plan shall post, in an easily identified manner, a prominent link to the provider’s or supplier’s Internet Web site where a response to the plan’s posting may be found. A health care service plan and a provider or supplier shall not be precluded from mutually agreeing in writing to an alternative method to convey a provider’s or supplier’s response.
(g)CA Health & Safety Code § 1367.49(g) For the purposes of this section, the following definitions shall apply:
(1)CA Health & Safety Code § 1367.49(g)(1) “Consumers” means enrollees or subscribers of the health care service plan or beneficiaries of a self-funded health coverage arrangement administered by the health care service plan or other persons entitled to access services through a network established by the health care service plan.
(2)CA Health & Safety Code § 1367.49(g)(2) “Provider” has the same meaning as that term is defined in Section 1367.50.
(3)CA Health & Safety Code § 1367.49(g)(3) “Purchasers” means the sponsors of a self-funded health coverage arrangement administered by the health care service plan.
(4)CA Health & Safety Code § 1367.49(g)(4) “Supplier” has the same meaning as that term is defined in Section 1367.50.
(h)CA Health & Safety Code § 1367.49(h) Section 1390 shall not apply for purposes of this section.

Section § 1367.50

Explanation

This law says that health care contracts can't stop claims data from being shared if the plan was issued or changed on or after January 1, 2013. This information can be shared with certain qualified entities, as long as all state and federal privacy rules, like HIPAA, are followed. It defines key terms: a "provider" is a facility like a hospital, and a "supplier" is a doctor or similar practitioner.

(a)CA Health & Safety Code § 1367.50(a) No contract in existence or issued, amended, or renewed on or after January 1, 2013, between a health care service plan and a provider or a supplier shall prohibit, condition, or in any way restrict the disclosure of claims data related to health care services provided to an enrollee or subscriber of the health care service plan or beneficiaries of any self-funded health coverage arrangement administered by the health care service plan, to a qualified entity, as defined in Section 1395kk(e)(2) of Title 42 of the United States Code. All disclosures of data made under this section shall comply with all applicable state and federal laws for the protection of the privacy and security of the data, including, but not limited to, the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) and the federal Health Information Technology for Economic and Clinical Health Act, Title XIII of the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), and implementing regulations.
(b)CA Health & Safety Code § 1367.50(b) For purposes of this section, the following definitions apply:
(1)CA Health & Safety Code § 1367.50(b)(1) “PPACA” means the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152).
(2)CA Health & Safety Code § 1367.50(b)(2) “Provider” means a hospital, a skilled nursing facility, a comprehensive outpatient rehabilitation facility, a home health agency, a hospice, a clinic, or a rehabilitation agency.
(3)CA Health & Safety Code § 1367.50(b)(3) “Supplier” means a physician and surgeon or other health care practitioner, or an entity that furnishes health care services other than a provider.

Section § 1367.51

Explanation

This law requires health care service plans (except specialized ones) in California to cover certain supplies and equipment for managing diabetes, like blood glucose monitors and insulin pumps, if they are deemed medically necessary. This coverage applies to both insulin-dependent and non-insulin-dependent diabetes, and even gestational diabetes. The law also mandates coverage for outpatient diabetes education and training to help individuals manage their condition properly.

It specifies that copayments for these diabetes-related supplies and training cannot be higher than those for similar plan benefits. The plans must also disclose these benefits clearly in their coverage documents and cannot reduce existing coverage due to this law. Additionally, the section ensures the health department's authority to monitor plan compliance, particularly when prescription drug coverage is involved.

(a)CA Health & Safety Code § 1367.51(a)  Every health care service plan contract, except a specialized health care service plan contract, that is issued, amended, delivered, or renewed on or after January 1, 2000, and that covers hospital, medical, or surgical expenses shall include coverage for the following equipment and supplies for the management and treatment of insulin-using diabetes, non-insulin-using diabetes, and gestational diabetes as medically necessary, even if the items are available without a prescription:
(1)CA Health & Safety Code § 1367.51(a)(1)  Blood glucose monitors and blood glucose testing strips.
(2)CA Health & Safety Code § 1367.51(a)(2)  Blood glucose monitors designed to assist the visually impaired.
(3)CA Health & Safety Code § 1367.51(a)(3)  Insulin pumps and all related necessary supplies.
(4)CA Health & Safety Code § 1367.51(a)(4)  Ketone urine testing strips.
(5)CA Health & Safety Code § 1367.51(a)(5)  Lancets and lancet puncture devices.
(6)CA Health & Safety Code § 1367.51(a)(6)  Pen delivery systems for the administration of insulin.
(7)CA Health & Safety Code § 1367.51(a)(7)  Podiatric devices to prevent or treat diabetes-related complications.
(8)CA Health & Safety Code § 1367.51(a)(8)  Insulin syringes.
(9)CA Health & Safety Code § 1367.51(a)(9)  Visual aids, excluding eyewear, to assist the visually impaired with proper dosing of insulin.
(b)CA Health & Safety Code § 1367.51(b)  Every health care service plan contract, except a specialized health care service plan contract, that is issued, amended, delivered, or renewed on or after January 1, 2000, that covers prescription benefits shall include coverage for the following prescription items if the items are determined to be medically necessary:
(1)CA Health & Safety Code § 1367.51(b)(1)  Insulin.
(2)CA Health & Safety Code § 1367.51(b)(2)  Prescriptive medications for the treatment of diabetes.
(3)CA Health & Safety Code § 1367.51(b)(3)  Glucagon.
(c)CA Health & Safety Code § 1367.51(c)  The copayments and deductibles for the benefits specified in subdivisions (a) and (b) shall not exceed those established for similar benefits within the given plan.
(d)CA Health & Safety Code § 1367.51(d)  Every plan shall provide coverage for diabetes outpatient self-management training, education, and medical nutrition therapy necessary to enable an enrollee to properly use the equipment, supplies, and medications set forth in subdivisions (a) and (b), and additional diabetes outpatient self-management training, education, and medical nutrition therapy upon the direction or prescription of those services by the enrollee’s participating physician. If a plan delegates outpatient self-management training to contracting providers, the plan shall require contracting providers to ensure that diabetes outpatient self-management training, education, and medical nutrition therapy are provided by appropriately licensed or registered health care professionals.
(e)CA Health & Safety Code § 1367.51(e)  The diabetes outpatient self-management training, education, and medical nutrition therapy services identified in subdivision (d) shall be provided by appropriately licensed or registered health care professionals as prescribed by a participating health care professional legally authorized to prescribe the service. These benefits shall include, but not be limited to, instruction that will enable diabetic patients and their families to gain an understanding of the diabetic disease process, and the daily management of diabetic therapy, in order to thereby avoid frequent hospitalizations and complications.
(f)CA Health & Safety Code § 1367.51(f)  The copayments for the benefits specified in subdivision (d) shall not exceed those established for physician office visits by the plan.
(g)CA Health & Safety Code § 1367.51(g)  Every health care service plan governed by this section shall disclose the benefits covered pursuant to this section in the plan’s evidence of coverage and disclosure forms.
(h)CA Health & Safety Code § 1367.51(h)  A health care service plan may not reduce or eliminate coverage as a result of the requirements of this section.
(i)CA Health & Safety Code § 1367.51(i)  Nothing in this section shall be construed to deny or restrict in any way the department’s authority to ensure plan compliance with this chapter when a plan provides coverage for prescription drugs.

Section § 1367.54

Explanation

This law requires that any group or individual health care plan in California that offers maternity benefits must include coverage for the California Prenatal Screening Program, without needing any extra payments like copayments or deductibles from the patient. Health plans cannot force participation in this program to qualify for other services, and they must compensate service providers according to state-set rates.

(a)CA Health & Safety Code § 1367.54(a) Every group health care service plan contract that provides maternity benefits, except for a specialized health care service plan contract, that is issued, amended, renewed, or delivered on or after January 1, 1999, and every individual health care service plan contract of a type and form first offered for sale on or after January 1, 1999, that provides maternity benefits, except a specialized health care service plan contract, shall provide coverage for participation in the California Prenatal Screening Program, which is a statewide prenatal testing program administered by the State Department of Public Health, pursuant to Section 124977. Notwithstanding any other provision of law, a health care service plan that provides maternity benefits shall not require participation in the statewide prenatal testing program administered by the State Department of Public Health as a prerequisite to eligibility for, or receipt of, any other service.
(b)CA Health & Safety Code § 1367.54(b) Coverage required by this section shall not be subject to copayment, coinsurance, deductible, or any other form of cost sharing.
(c)CA Health & Safety Code § 1367.54(c) Reimbursement for services covered pursuant to this section shall be paid at the amount set pursuant to Section 124977 and regulations adopted thereunder.

Section § 1367.0061

Explanation

This law requires health care service plans in California, beginning July 1, 2022, to keep track of each enrollee’s progress toward their annual deductible and out-of-pocket maximum for covered health benefits. They must provide monthly updates on these balances whenever benefits are used and allow enrollees to ask for their latest balance at any time. This applies to both individual and group plans.

Plans must send these updates by mail unless an enrollee chooses to receive them electronically. Enrollees can opt back into mailed updates if they previously opted out. The law also mandates that health plans inform enrollees about their rights under this section, including how to get information and change their notification preferences.

If claims payment is outsourced to another entity, that entity must also follow this law, but the main health care plan remains ultimately responsible for compliance.

(a)CA Health & Safety Code § 1367.0061(a) For a health care service plan contract issued, amended, or renewed on or after July 1, 2022, in the individual or group market, a health care service plan shall monitor an enrollee’s accrual toward their annual deductible, if any, for covered benefits, as set forth in this section and any regulations promulgated by the department.
(1)CA Health & Safety Code § 1367.0061(a)(1) A health care service plan shall provide an enrollee with their accrual balance toward their annual deductible for every month in which benefits were used and until the accrual balance equals the full deductible amount.
(2)CA Health & Safety Code § 1367.0061(a)(2) A health care service plan subject to this section shall establish and maintain a system that allows an enrollee to request their most up-to-date accrual balance toward their annual deductible from their health care service plan at any time.
(3)CA Health & Safety Code § 1367.0061(a)(3) If the health care service plan contract includes more than one annual deductible for an enrollee, then this section applies to each deductible.
(b)CA Health & Safety Code § 1367.0061(b) For a health care service plan contract issued, amended, or renewed on or after July 1, 2022, in the individual or group market, a health care service plan shall monitor an enrollee’s accrual toward their annual out-of-pocket maximum, if any, for covered benefits, as set forth in this section and any regulations promulgated by the department.
(1)CA Health & Safety Code § 1367.0061(b)(1) A health care service plan shall provide an enrollee with their accrual balance toward their annual out-of-pocket maximum for every month in which benefits were used and until the accrual balance equals the full out-of-pocket maximum.
(2)CA Health & Safety Code § 1367.0061(b)(2) A health care service plan subject to this section shall establish and maintain a system that allows an enrollee to request their most up-to-date accrual balance toward their annual out-of-pocket maximum from their health care service plan at any time.
(c)CA Health & Safety Code § 1367.0061(c) Accrual updates shall be mailed to enrollees unless the enrollee has elected to opt out of mailed notice and elected to receive the accrual update electronically, or unless the enrollee has previously opted out of mailed notices.
(1)CA Health & Safety Code § 1367.0061(c)(1) Enrollees who have opted out of receiving mailed notice may opt back in at any time.
(2)CA Health & Safety Code § 1367.0061(c)(2) Accrual updates may be included with evidence of benefit statements.
(d)CA Health & Safety Code § 1367.0061(d) A health care service plan shall notify enrollees of their rights pursuant to this section, including, but not limited to, how to request information and how to opt out of mailed notices and elect to instead receive their accrual update electronically, in the manner set forth by the department. The department may issue guidance regarding implementation of, and compliance with, this subdivision. This guidance shall not be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 1340) of Part 1 of Division 3 of Title 2 of the Government Code), until January 1, 2027. The department shall consult with stakeholders in developing guidance pursuant to this subdivision.
(e)CA Health & Safety Code § 1367.0061(e) If a health care service plan delegates claims payment functions to a contracted entity, including, but not limited to, a medical group or independent practice association, then the delegated entity shall comply with the requirements of this section. A health care service plan shall specify by contract the delegated entity’s responsibilities and shall monitor the delegated entity to ensure compliance with this section. Notwithstanding delegation pursuant to this subdivision, the health care service plan shall remain responsible for compliance with this section.

Section § 1367.61

Explanation

This law requires that any health care plan in California covering a laryngectomy—a surgery to remove all or part of the larynx—must also cover prosthetic devices that help patients speak again. This rule applies to plans issued, amended, delivered, or renewed from January 1, 1993, onward. If a plan contradicts this law, it is invalid. The coverage for these prosthetic devices will have the same deductible and coinsurance terms as the laryngectomy itself. However, it does not include electronic voice machines.

Every health care service plan contract which provides for the surgical procedure known as a laryngectomy and which is issued, amended, delivered, or renewed in this state on or after January 1, 1993, shall include coverage for prosthetic devices to restore a method of speaking for the patient incident to the laryngectomy.
Coverage for prosthetic devices shall be subject to the deductible and coinsurance conditions applied to the laryngectomy and all other terms and conditions applicable to other benefits. As used in this section, “laryngectomy” means the removal of all or part of the larynx for medically necessary reasons, as determined by a licensed physician and surgeon.
Any provision in any contract issued, amended, delivered, or renewed in this state on or after January 1, 1993, which is in conflict with this section shall be of no force or effect.
As used in this section, “prosthetic devices” means and includes the provision of initial and subsequent prosthetic devices, including installation accessories, pursuant to an order of the patient’s physician and surgeon. “Prosthetic devices” does not include electronic voice producing machines.

Section § 1367.62

Explanation

This law ensures that health care plans in California providing maternity coverage cannot limit inpatient hospital care to less than 48 hours after a regular delivery or less than 96 hours after a C-section, unless the mother and doctors agree and a follow-up visit is scheduled within 48 hours of discharge. Health plans cannot pay providers less for following these rules, nor encourage mothers or providers to avoid or reduce this care. Plans also must notify covered women about these rights, especially during prenatal care and for those covered by PPOs. Additionally, plans can negotiate reimbursement with providers for these services.

(a)CA Health & Safety Code § 1367.62(a)  No health care service plan contract that is issued, amended, renewed, or delivered on or after the effective date of the act adding this section, that provides maternity coverage, shall do any of the following:
(1)CA Health & Safety Code § 1367.62(a)(1)  Restrict benefits for inpatient hospital care to a time period less than 48 hours following a normal vaginal delivery and less than 96 hours following a delivery by caesarean section. However, coverage for inpatient hospital care may be for a time period less than 48 or 96 hours if both of the following conditions are met:
(A)CA Health & Safety Code § 1367.62(a)(1)(A)  The decision to discharge the mother and newborn before the 48- or 96-hour time period is made by the treating physicians in consultation with the mother.
(B)CA Health & Safety Code § 1367.62(a)(1)(B)  The contract covers a postdischarge followup visit for the mother and newborn within 48 hours of discharge, when prescribed by the treating physician. The visit shall be provided by a licensed health care provider whose scope of practice includes postpartum care and newborn care. The visit shall include, at a minimum, parent education, assistance and training in breast or bottle feeding, and the performance of any necessary maternal or neonatal physical assessments. The treating physician shall disclose to the mother the availability of a postdischarge visit, including an in-home visit, physician office visit, or plan facility visit. The treating physician, in consultation with the mother, shall determine whether the postdischarge visit shall occur at home, the plan’s facility, or the treating physician’s office after assessment of certain factors. These factors shall include, but not be limited to, the transportation needs of the family, and environmental and social risks.
(2)CA Health & Safety Code § 1367.62(a)(2)  Reduce or limit the reimbursement of the attending provider for providing care to an individual enrollee in accordance with the coverage requirements.
(3)CA Health & Safety Code § 1367.62(a)(3)  Provide monetary or other incentives to an attending provider to induce the provider to provide care to an individual enrollee in a manner inconsistent with the coverage requirements.
(4)CA Health & Safety Code § 1367.62(a)(4)  Deny a mother or her newborn eligibility, or continued eligibility, to enroll or to renew coverage solely to avoid the coverage requirements.
(5)CA Health & Safety Code § 1367.62(a)(5)  Provide monetary payments or rebates to a mother to encourage her to accept less than the minimum coverage requirements.
(6)CA Health & Safety Code § 1367.62(a)(6)  Restrict inpatient benefits for the second day of hospital care in a manner that is less than favorable to the mother or her newborn than those provided during the preceding portion of the hospital stay.
(7)CA Health & Safety Code § 1367.62(a)(7)  Require the treating physician to obtain authorization from the health care service plan prior to prescribing any services covered by this section.
(b)Copy CA Health & Safety Code § 1367.62(b)
(1)Copy CA Health & Safety Code § 1367.62(b)(1)  Every health care service plan shall include notice of the coverage specified in subdivision (a) in the plan’s evidence of coverage for evidences of coverage issued on or after January 1, 1998, and except as specified in paragraph (2), shall provide additional written notice of this coverage during the course of the enrollee’s prenatal care. The contract may require the treating physician or the enrollee’s medical group to provide this additional written notice of coverage during the course of the enrollee’s prenatal care.
(2)CA Health & Safety Code § 1367.62(b)(2)  Health care service plans that issue contracts that provide for coverage of the type commonly referred to as “preferred provider organizations” shall provide additional written notice to all females between the ages of 10 and 50 who are covered by those contracts of the coverage under subdivision (a) within 60 days of the effective date of this act. The plan shall provide additional written notice of the coverage specified in subdivision (a) during the course of prenatal care if both of the following conditions are met:
(A)CA Health & Safety Code § 1367.62(b)(2)(A)  The plan previously notified subscribers that hospital stays for delivery would be inconsistent with the requirement in subparagraph (A) of paragraph (1) of subdivision (a).
(B)CA Health & Safety Code § 1367.62(b)(2)(B)  The plan received notice, whether by receipt of a claim, a request for preauthorization for pregnancy-related services, or other actual notice that the enrollee is pregnant.
(c)CA Health & Safety Code § 1367.62(c)  Nothing in this section shall be construed to prohibit a plan from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section.

Section § 1367.63

Explanation

This California law mandates that most health care service plans cover reconstructive surgery needed to fix abnormal body structures due to things like birth defects or injuries, to either improve function or appearance. It sets clear distinctions between reconstructive and cosmetic surgery, making sure the latter isn't covered. Only qualified doctors can deny treatment requests, and reconstructive surgery includes certain dental services for cleft palate as of mid-2010. Health plans can use various criteria to evaluate surgery requests, and for Medi-Cal services, surgery must offer more than minimal appearance improvements. Some exceptions apply for certain Medi-Cal plans that don't cover specific programs.

(a)CA Health & Safety Code § 1367.63(a) Every health care service plan contract, except a specialized health care service plan contract, that is issued, amended, renewed, or delivered in this state on or after July 1, 1999, shall cover reconstructive surgery, as defined in subdivision (c), that is necessary to achieve the purposes specified in subparagraph (A) or (B) of paragraph (1) of subdivision (c). Nothing in this section shall be construed to require a plan to provide coverage for cosmetic surgery, as defined in subdivision (d).
(b)CA Health & Safety Code § 1367.63(b) No individual, other than a licensed physician competent to evaluate the specific clinical issues involved in the care requested, may deny initial requests for authorization of coverage for treatment pursuant to this section. For a treatment authorization request submitted by a podiatrist or an oral and maxillofacial surgeon, the request may be reviewed by a similarly licensed individual, competent to evaluate the specific clinical issues involved in the care requested.
(c)Copy CA Health & Safety Code § 1367.63(c)
(1)Copy CA Health & Safety Code § 1367.63(c)(1) “Reconstructive surgery” means surgery performed to correct or repair abnormal structures of the body caused by congenital defects, developmental abnormalities, trauma, infection, tumors, or disease to do either of the following:
(A)CA Health & Safety Code § 1367.63(c)(1)(A) To improve function.
(B)CA Health & Safety Code § 1367.63(c)(1)(B) To create a normal appearance, to the extent possible.
(2)CA Health & Safety Code § 1367.63(c)(2) As of July 1, 2010, “reconstructive surgery” shall include medically necessary dental or orthodontic services that are an integral part of reconstructive surgery, as defined in paragraph (1), for cleft palate procedures.
(3)CA Health & Safety Code § 1367.63(c)(3) For purposes of this section, “cleft palate” means a condition that may include cleft palate, cleft lip, or other craniofacial anomalies associated with cleft palate.
(d)CA Health & Safety Code § 1367.63(d) “Cosmetic surgery” means surgery that is performed to alter or reshape normal structures of the body in order to improve appearance.
(e)CA Health & Safety Code § 1367.63(e) In interpreting the definition of reconstructive surgery, a health care service plan may utilize prior authorization and utilization review that may include, but need not be limited to, any of the following:
(1)CA Health & Safety Code § 1367.63(e)(1) Denial of the proposed surgery if there is another more appropriate surgical procedure that will be approved for the enrollee.
(2)CA Health & Safety Code § 1367.63(e)(2) Denial of the proposed surgery or surgeries if the procedure or procedures, in accordance with the standard of care as practiced by physicians specializing in reconstructive surgery, offer only a minimal improvement in the appearance of the enrollee.
(3)CA Health & Safety Code § 1367.63(e)(3) Denial of payment for procedures performed without prior authorization.
(4)CA Health & Safety Code § 1367.63(e)(4) For services provided under the Medi-Cal program (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code), denial of the proposed surgery if the procedure offers only a minimal improvement in the appearance of the enrollee, as may be defined in any regulations that may be promulgated by the State Department of Health Care Services.
(f)CA Health & Safety Code § 1367.63(f) As applied to services described in paragraph (2) of subdivision (c) only, this section shall not apply to Medi-Cal managed care plans that contract with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000) of, Chapter 8 (commencing with Section 14200) of, or Chapter 8.75 (commencing with Section 14591) of, Part 3 of Division 9 of the Welfare and Institutions Code, where such contracts do not provide coverage for California Children’s Services (CCS) or dental services.

Section § 1367.64

Explanation

This law requires health care service plans in California that are issued, amended, or renewed after January 1, 1999, to cover screening and diagnosis of prostate cancer. This includes tests like the prostate-specific antigen test and digital rectal examinations, when deemed medically necessary and appropriate.

The law does not create a new benefit nor does it prevent insurance plans from applying deductibles or copayments for these services. It also does not require plans to cover services provided by nonparticipating providers unless the patient is referred by a participating physician or nurse practitioner.

(a)CA Health & Safety Code § 1367.64(a)  Every individual or group health care service plan contract, except for a specialized health care service plan contract, that is issued, amended, or renewed on or after January 1, 1999, shall be deemed to provide coverage for the screening and diagnosis of prostate cancer, including, but not limited to, prostate-specific antigen testing and digital rectal examinations, when medically necessary and consistent with good professional practice.
(b)CA Health & Safety Code § 1367.64(b)  Nothing in this section shall be construed to establish a new mandated benefit or to prevent application of deductible or copayment provisions in a policy or plan, nor shall this section be construed to require that a policy or plan be extended to cover any other procedures under an individual or a group health care service plan contract. Nothing in this section shall be construed to authorize an enrollee to receive the services required to be covered by this section if those services are furnished by a nonparticipating provider, unless the enrollee is referred to that provider by a participating physician or nurse practitioner providing care.

Section § 1367.65

Explanation

This California law requires that health care service plans (excluding specialized ones) provide coverage for mammography for both screening and diagnostic purposes. This coverage is available when a participating health professional such as a nurse practitioner, nurse-midwife, physician assistant, or physician refers the patient.

The law allows for copayments and deductibles to apply and does not extend coverage to other procedures unless specified by the plan. Also, the mammography services must be provided by a participating provider unless specifically referred to an outside provider by the plan's in-network health professional.

(a)CA Health & Safety Code § 1367.65(a) On or after January 1, 2000, each health care service plan contract, except a specialized health care service plan contract, that is issued, amended, delivered, or renewed shall be deemed to provide coverage for mammography for screening or diagnostic purposes upon referral by a participating nurse practitioner, participating certified nurse-midwife, participating physician assistant, or participating physician, providing care to the patient and operating within the scope of practice provided under existing law.
(b)CA Health & Safety Code § 1367.65(b) This section does not prevent application of copayment or deductible provisions in a plan, nor shall this section be construed to require that a plan be extended to cover any other procedures under an individual or a group health care service plan contract. This section does not authorize a plan enrollee to receive the services required to be covered by this section if those services are furnished by a nonparticipating provider, unless the plan enrollee is referred to that provider by a participating physician, nurse practitioner, or certified nurse-midwife providing care.

Section § 1367.66

Explanation

This California law requires most health care plans to cover annual cervical cancer screenings, starting from January 1, 2002, if referred by a doctor, nurse practitioner, or certified nurse-midwife. The types of screenings covered include Pap tests and FDA-approved human papillomavirus (HPV) tests. This coverage is not a new benefit but ensures screenings are covered if the plan already includes cervical cancer treatment.

Starting January 1, 2024, health care plans must also cover the HPV vaccine with no cost to the patient, meaning no deductibles or co-payments are allowed, for those approved by the FDA.

(a)CA Health & Safety Code § 1367.66(a) Every individual or group health care service plan contract, except for a specialized health care service plan, issued, amended, or renewed on or after January 1, 2002, shall provide coverage for an annual cervical cancer screening test upon the referral of the patient’s physician and surgeon, a nurse practitioner, or a certified nurse-midwife, providing care to the patient and operating within the scope of practice otherwise permitted for the licensee.
(1)CA Health & Safety Code § 1367.66(a)(1) The coverage for an annual cervical cancer screening test provided pursuant to this section shall include the conventional Pap test, a human papillomavirus screening test that is approved by the United States Food and Drug Administration (FDA), and the option of any cervical cancer screening test approved by the FDA, upon the referral of the patient’s health care provider.
(2)CA Health & Safety Code § 1367.66(a)(2) This subdivision does not establish a new mandated benefit or prevent application of deductible or copayment provisions in an existing plan contract. The Legislature intends in this section to provide that cervical cancer screening services are deemed to be covered if the plan contract includes coverage for cervical cancer treatment or surgery.
(b)CA Health & Safety Code § 1367.66(b) A health care service plan contract, except for a specialized health care service plan, issued, amended, or renewed on or after January 1, 2024, shall provide coverage for the human papillomavirus vaccine for enrollees for whom the vaccine is approved by the FDA. A health care service plan contract shall not impose a deductible, coinsurance, copayment, or any other cost-sharing requirement on the coverage provided pursuant to this subdivision.

Section § 1367.67

Explanation

If you have a health care plan in California that covers hospital, medical, or surgical services, it must also cover diagnosis, treatment, and management of osteoporosis. This has been mandatory for all plans issued or updated after January 1, 1994. Coverage can include any FDA-approved technologies that are considered medically necessary, like bone mass measurements.

Every health care service plan contract that provides hospital, medical, or surgical coverage, that is issued, amended, delivered, or renewed in this state on or after January 1, 1994, shall be deemed to include coverage for services related to diagnosis, treatment, and appropriate management of osteoporosis. The services may include, but need not be limited to, all Food and Drug Administration approved technologies, including bone mass measurement technologies as deemed medically appropriate.

Section § 1367.68

Explanation

If you're in California and your health plan contract was set up or changed after July 1, 1995, it can't exclude coverage for surgeries on the upper or lower jawbone, or related joints, if that exclusion means you don't get medically necessary basic healthcare. This rule applies to all health plan contracts covering hospital, medical, or surgical expenses, but not to specialized plans.

Furthermore, while dental services can be excluded from coverage, this cannot lead to a denial of necessary basic healthcare services.

(a)CA Health & Safety Code § 1367.68(a)  Any provision in a health care service plan contract entered into, amended, or renewed in this state on or after July 1, 1995, that excludes coverage for any surgical procedure for any condition directly affecting the upper or lower jawbone, or associated bone joints, shall have no force or effect as to any enrollee if that provision results in any failure to provide medically-necessary basic health care services to the enrollee pursuant to the plan’s definition of medical necessity.
(b)CA Health & Safety Code § 1367.68(b)  For purposes of this section, “plan contract” means every plan contract, except a specialized health care service plan contract, that covers hospital, medical, or surgical expenses.
(c)CA Health & Safety Code § 1367.68(c)  Nothing in this section shall be construed to prohibit a plan from excluding coverage for dental services provided that any exclusion does not result in any failure to provide medically-necessary basic health care services.

Section § 1367.69

Explanation

This law requires that starting January 1, 1995, all health care service plans in California that offer hospital, medical, or surgical coverage must allow obstetrician-gynecologists to serve as primary care physicians if they meet certain criteria. This means these specialists can manage a patient's primary care, covering a wide range of health issues including prevention, acute and chronic conditions, and mental health needs.

(a)CA Health & Safety Code § 1367.69(a)  On or after January 1, 1995, every health care service plan contract that provides hospital, medical, or surgical coverage, that is issued, amended, delivered, or renewed in this state, shall include obstetrician-gynecologists as eligible primary care physicians, provided they meet the plan’s eligibility criteria for all specialists seeking primary care physician status.
(b)CA Health & Safety Code § 1367.69(b)  For purposes of this section, the term “primary care physician” means a physician, as defined in Section 14254 of the Welfare and Institutions Code, who has the responsibility for providing initial and primary care to patients, for maintaining the continuity of patient care, and for initiating referral for specialist care. This means providing care for the majority of health care problems, including, but not limited to, preventive services, acute and chronic conditions, and psychosocial issues.

Section § 1367.71

Explanation

This law requires health care service plans to cover general anesthesia and facility charges for certain dental procedures if they need to be done in a hospital or surgery center. The coverage is mainly for patients under seven years old, those with developmental disabilities, and others whose health requires it. This does not include coverage for the dentist's fees or the dental procedure itself. The plan might ask for advance permission before covering these charges, and this doesn't affect coverage for basic health services.

(a)CA Health & Safety Code § 1367.71(a)  Every health care service plan contract, other than a specialized health care service plan contract, that is issued, amended, renewed, or delivered on or after January 1, 2000, shall be deemed to cover general anesthesia and associated facility charges for dental procedures rendered in a hospital or surgery center setting, when the clinical status or underlying medical condition of the patient requires dental procedures that ordinarily would not require general anesthesia to be rendered in a hospital or surgery center setting. The health care service plan may require prior authorization of general anesthesia and associated charges required for dental care procedures in the same manner that prior authorization is required for other covered diseases or conditions.
(b)CA Health & Safety Code § 1367.71(b)  This section shall apply only to general anesthesia and associated facility charges for only the following enrollees, and only if the enrollees meet the criteria in subdivision (a):
(1)CA Health & Safety Code § 1367.71(b)(1)  Enrollees who are under seven years of age.
(2)CA Health & Safety Code § 1367.71(b)(2)  Enrollees who are developmentally disabled, regardless of age.
(3)CA Health & Safety Code § 1367.71(b)(3)  Enrollees whose health is compromised and for whom general anesthesia is medically necessary, regardless of age.
(c)CA Health & Safety Code § 1367.71(c)  Nothing in this section shall require the health care service plan to cover any charges for the dental procedure itself, including, but not limited to, the professional fee of the dentist. Coverage for anesthesia and associated facility charges pursuant to this section shall be subject to all other terms and conditions of the plan that apply generally to other benefits.
(d)CA Health & Safety Code § 1367.71(d)  Nothing in this section shall be construed to allow a health care service plan to deny coverage for basic health care services, as defined in Section 1345.
(e)CA Health & Safety Code § 1367.71(e)  A health care service plan may include coverage specified in subdivision (a) at any time prior to January 1, 2000.

Section § 1367.0085

Explanation

This law allows for more flexibility in the coverage value of a bronze-level health insurance plan that isn’t grandfathered. It can have a slightly higher or lower actuarial value if it meets certain criteria. Specifically, the plan must either cover and pay for at least one major service beyond preventive care before a deductible applies, or qualify as a high deductible health plan according to federal tax code standards. The actuarial value can vary within a range of +5% to -2%.

Notwithstanding paragraph (1) of subdivision (b) of Section 1367.008 and paragraph (1) of subdivision (b) of Section 1367.009, the actuarial value for a nongrandfathered bronze level health plan that either covers and pays for at least one major service, other than preventive services, before the deductible or meets the requirements to be a high deductible health plan, as defined in Section 223(c)(2) of Title 26 of the United States Code, may range from plus 5 percent to minus 2 percent.

Section § 1367.205

Explanation

This law section outlines requirements for health care plans that cover prescription drugs and have drug formularies. These plans must post their drug lists online in a way that's easy for everyone to search and access, including enrollees and agencies. They must update these lists every month. Once a standard template is developed, plans will have to use it to present the drug information clearly.

The template, developed with input from public meetings, needs to show various details such as cost-sharing tiers, utilization controls like prior authorization, preferred drugs, and educate enrollees about obtaining non-listed necessary drugs. It must also show which medications, including generics and brand names, are covered and their formulary tier.

(a)CA Health & Safety Code § 1367.205(a) In addition to the list required to be provided under Section 1367.20, a health care service plan that provides prescription drug benefits and maintains one or more drug formularies shall do all of the following:
(1)CA Health & Safety Code § 1367.205(a)(1) Post the formulary or formularies for each product offered by the plan on the plan’s Internet Web site in a manner that is accessible and searchable by potential enrollees, enrollees, providers, the general public, the department, and federal agencies as required by federal law or regulations.
(2)CA Health & Safety Code § 1367.205(a)(2) Update the formularies posted pursuant to paragraph (1) with any change to those formularies on a monthly basis.
(3)CA Health & Safety Code § 1367.205(a)(3) No later than six months after the date that a standard formulary template is developed under subdivision (b), use that template to display the formulary or formularies for each product offered by the plan.
(b)Copy CA Health & Safety Code § 1367.205(b)
(1)Copy CA Health & Safety Code § 1367.205(b)(1) By January 1, 2017, the department and the Department of Insurance shall jointly, and with input from interested parties from at least one public meeting, develop a standard formulary template for purposes of paragraph (3) of subdivision (a). In developing the template, the department and Department of Insurance shall take into consideration existing requirements for reporting of formulary information established by the federal Centers for Medicare and Medicaid Services. To the extent feasible, in developing the template, the department and the Department of Insurance shall evaluate a way to include on the template, in addition to the information required to be included under paragraph (2), cost-sharing information for drugs subject to coinsurance.
(2)CA Health & Safety Code § 1367.205(b)(2) The standard formulary template shall include the notification described in subdivision (c) of Section 1363.01, and as applied to a particular formulary for a product offered by a plan, shall do all of the following:
(A)CA Health & Safety Code § 1367.205(b)(2)(A) Include information on cost-sharing tiers and utilization controls, including prior authorization or step therapy requirements, for each drug covered by the product.
(B)CA Health & Safety Code § 1367.205(b)(2)(B) Indicate any drugs on the formulary that are preferred over other drugs on the formulary.
(C)CA Health & Safety Code § 1367.205(b)(2)(C) Include information to educate enrollees about the differences between drugs administered or provided under a health care service plan’s medical benefit and drugs prescribed under a health care service plan’s prescription drug benefit and about how to obtain coverage information regarding drugs that are not covered under the plan’s prescription drug benefit.
(D)CA Health & Safety Code § 1367.205(b)(2)(D) Include information to educate enrollees that health care service plans that provide prescription drug benefits are required to have a method for enrollees to obtain prescription drugs not listed in the health plan drug formulary if the drugs are deemed medically necessary by a clinician pursuant to Section 1367.24.
(E)CA Health & Safety Code § 1367.205(b)(2)(E) Include information on which medications are covered, including both generic and brand name.
(F)CA Health & Safety Code § 1367.205(b)(2)(F) Include information on what tier of the plan’s drug formulary each medication is in.
(c)CA Health & Safety Code § 1367.205(c) For purposes of this section, “formulary” means the complete list of drugs preferred for use and eligible for coverage under a health care service plan product and includes the drugs covered under the pharmacy benefit of the product.

Section § 1367.206

Explanation

This law allows health plans to use step therapy, where patients must try certain drugs before others, to cover prescriptions if multiple drugs can treat a condition. However, exceptions must be granted quickly if a doctor justifies that the required drug isn't suitable, considering the patient's health history and professional judgement.

The law outlines reasons for exceptions, like previous adverse reactions, ineffectiveness, or stability on a current medication. Both healthcare providers and patients can appeal if their exception requests are denied.

The law doesn't stop doctors from prescribing appropriate medication and allows for generic trials before brand coverage. Also, plans must comply with these rules from January 1, 2022, when contracting utilization review services.

(a)CA Health & Safety Code § 1367.206(a) If there is more than one drug that is clinically appropriate for the treatment of a medical condition, a health care service plan that provides coverage for prescription drugs may require step therapy.
(b)CA Health & Safety Code § 1367.206(b) A health care service plan shall expeditiously grant a request for a step therapy exception within the applicable time limit required by Section 1367.241 if a prescribing provider submits necessary justification and supporting clinical documentation supporting the provider’s determination that the required prescription drug is inconsistent with good professional practice for provision of medically necessary covered services to the enrollee, taking into consideration the enrollee’s needs and medical history, along with the professional judgment of the enrollee’s provider. The basis of the provider’s determination may include, but is not limited to, any of the following criteria:
(1)CA Health & Safety Code § 1367.206(b)(1) The required prescription drug is contraindicated or is likely, or expected, to cause an adverse reaction or physical or mental harm to the enrollee in comparison to the requested prescription drug, based on the known clinical characteristics of the enrollee and the known characteristics and history of the enrollee’s prescription drug regimen.
(2)CA Health & Safety Code § 1367.206(b)(2) The required prescription drug is expected to be ineffective based on the known clinical characteristics of the enrollee and the known characteristics and history of the enrollee’s prescription drug regimen.
(3)CA Health & Safety Code § 1367.206(b)(3) The enrollee has tried the required prescription drug while covered by their current or previous health coverage or Medicaid, and that prescription drug was discontinued due to lack of efficacy or effectiveness, diminished effect, or an adverse reaction. The health care service plan may require the submission of documentation demonstrating that the enrollee tried the required prescription drug before it was discontinued.
(4)CA Health & Safety Code § 1367.206(b)(4) The required prescription drug is not clinically appropriate for the enrollee because the required drug is expected to do any of the following, as determined by the enrollee’s prescribing provider:
(A)CA Health & Safety Code § 1367.206(b)(4)(A) Worsen a comorbid condition.
(B)CA Health & Safety Code § 1367.206(b)(4)(B) Decrease the capacity to maintain a reasonable functional ability in performing daily activities.
(C)CA Health & Safety Code § 1367.206(b)(4)(C) Pose a significant barrier to adherence to, or compliance with, the enrollee’s drug regimen or plan of care.
(5)CA Health & Safety Code § 1367.206(b)(5) The enrollee is stable on a prescription drug selected by the enrollee’s prescribing provider for the medical condition under consideration while covered by their current or previous health coverage or Medicaid.
(c)CA Health & Safety Code § 1367.206(c) A health care provider or prescribing provider may appeal a denial of an exception request for coverage of a nonformulary drug, prior authorization request, or step therapy exception request consistent with the health care service plan’s current utilization management processes.
(d)CA Health & Safety Code § 1367.206(d) An enrollee or the enrollee’s designee or guardian may appeal a denial of an exception request for coverage of a nonformulary drug, prior authorization request, or step therapy exception request by filing a grievance under Section 1368.
(e)Copy CA Health & Safety Code § 1367.206(e)
(1)Copy CA Health & Safety Code § 1367.206(e)(1) This section does not prohibit a health care provider from prescribing a prescription drug that is clinically appropriate.
(2)CA Health & Safety Code § 1367.206(e)(2) This section does not prohibit a health care service plan or utilization review organization from requiring an enrollee to try an AB-rated generic equivalent, biosimilar, as defined in Section 262(i)(2) of Title 42 of the United States Code, or interchangeable biological product, as defined in Section 262(i)(3) of Title 42 of the United States Code, before providing coverage for the equivalent branded prescription drug.
(3)CA Health & Safety Code § 1367.206(e)(3) Paragraph (2) does not prohibit or supersede a step therapy exception request as described in subdivision (b).
(f)CA Health & Safety Code § 1367.206(f) This section does not require or authorize a health care service plan that contracts with the State Department of Health Care Services to provide services to Medi-Cal beneficiaries to provide coverage for prescription drugs that are not required pursuant to those programs or contracts, or to limit or exclude any prescription drugs that are required by those programs or contracts.
(g)CA Health & Safety Code § 1367.206(g) For purposes of this section, “step therapy exception” means a decision to override a generally applicable step therapy protocol in favor of coverage of the prescription drug prescribed by a health care provider for an individual enrollee.
(h)CA Health & Safety Code § 1367.206(h) Commencing January 1, 2022, a health care service plan contract with a utilization review organization, medical group, or other contracted entity that performs utilization review or utilization management functions on a health care service plan’s behalf shall include terms that require the contracted entity to comply with this section and Section 1367.241.

Section § 1367.207

Explanation

This California law requires health care plans providing prescription drug benefits to supply detailed information about prescription drug eligibility, formulary options, cost-sharing details, and any usage management requirements to both enrollees and their prescribing providers upon request. They must provide this information in real-time using standard technology formats and ensure details are up-to-date within one business day of any changes.

Health plans cannot obstruct these requests or limit prescribing providers from sharing this information, offering alternatives, or discussing drug costs with enrollees. Additionally, providers cannot be penalized for prescribing cost-effective or suitable drug alternatives.

The law also confirms that disclosure rules must comply with federal privacy laws, like HIPAA, and that existing obligations concerning prescription drug coverage or disclosures remain unchanged.

(a)CA Health & Safety Code § 1367.207(a) A health care service plan contract issued, amended, delivered, or renewed on or after July 1, 2023, that provides prescription drug benefits and maintains one or more drug formularies shall do all of the following:
(1)CA Health & Safety Code § 1367.207(a)(1) Upon request of an enrollee or an enrollee’s prescribing provider, furnish all of the following information regarding a prescription drug to the enrollee or the enrollee’s prescribing health care provider:
(A)CA Health & Safety Code § 1367.207(a)(1)(A) The enrollee’s eligibility for the prescription drug.
(B)CA Health & Safety Code § 1367.207(a)(1)(B) The most current formulary or formularies.
(C)CA Health & Safety Code § 1367.207(a)(1)(C) Cost-sharing information for the prescription drug and other formulary alternatives, consistent with cost-sharing requirements as set forth in the contract and accurate at the time it is provided, including any variance in cost sharing based on the patient’s preferred dispensing pharmacy, whether retail or mail order, or the health care provider.
(D)CA Health & Safety Code § 1367.207(a)(1)(D) Applicable utilization management requirements for the prescription drug and other formulary alternatives.
(2)CA Health & Safety Code § 1367.207(a)(2) Respond in real time to a request made pursuant to paragraph (1) through a standard API.
(3)CA Health & Safety Code § 1367.207(a)(3) Allow the use of an interoperability element to provide the information required pursuant to paragraph (1).
(4)CA Health & Safety Code § 1367.207(a)(4) Ensure that the information provided pursuant to paragraph (1) is current no later than one business day after a change is made and is provided in real time.
(5)CA Health & Safety Code § 1367.207(a)(5) Provide the information pursuant to paragraph (1) if the request is made using the drug’s unique billing code and National Drug Code.
(b)CA Health & Safety Code § 1367.207(b) A health care service plan shall not do any of the following:
(1)CA Health & Safety Code § 1367.207(b)(1) Deny or delay a response to a request for the purpose of blocking the release of information pursuant to subdivision (a).
(2)CA Health & Safety Code § 1367.207(b)(2) Restrict, prohibit, or otherwise hinder a prescribing provider from communicating or sharing to an enrollee any of the following:
(A)CA Health & Safety Code § 1367.207(b)(2)(A) The information provided pursuant to subdivision (a).
(B)CA Health & Safety Code § 1367.207(b)(2)(B) Additional information on any lower cost or clinically appropriate alternative drugs, whether or not they are covered under the enrollee’s health care service plan contract.
(C)CA Health & Safety Code § 1367.207(b)(2)(C) Information about the cash price of the drug.
(3)CA Health & Safety Code § 1367.207(b)(3) Except as required by law, interfere with, prevent, or materially discourage access, exchange, or use of the information provided pursuant to subdivision (a). “Interfere with, prevent, or materially discourage access, exchange, or use of the information” includes charging fees for access to the information, not responding to a request at the time made consistent with this section, or instituting enrollee consent requirements.
(4)CA Health & Safety Code § 1367.207(b)(4) Penalize a prescribing provider for disclosing the information provided pursuant to subdivision (a). For purposes of this paragraph, “penalize” includes an action intended to punish a provider for disclosing the information set forth in subdivision (a) or intended to discourage a provider from disclosing this information in the future.
(5)CA Health & Safety Code § 1367.207(b)(5) Penalize a prescribing provider for prescribing, administering, or ordering a lower cost or clinically appropriate alternative drug. For purposes of this paragraph, “penalize” includes an action intended to punish a provider who has prescribed, administered, or ordered a lower cost or clinically appropriate alternative drug, or intended to discourage a provider from prescribing, administering, or ordering a lower cost or clinically appropriate alternative drug in the future.
(c)CA Health & Safety Code § 1367.207(c) For purposes of this section:
(1)CA Health & Safety Code § 1367.207(c)(1) “Cost sharing” includes applicable copayments, coinsurances, or deductibles.
(2)CA Health & Safety Code § 1367.207(c)(2) “Cost-sharing information” means the actual out-of-pocket amount an enrollee would be required to pay a dispensing pharmacy or prescribing provider for a prescription drug under the terms of the enrollee’s health care service plan contract.
(3)CA Health & Safety Code § 1367.207(c)(3) “Formulary” has the same meaning as in Section 1367.205.
(4)CA Health & Safety Code § 1367.207(c)(4) “Interoperability element” means integrated technologies or services necessary to provide a response to an enrollee or an enrollee’s prescribing provider.
(5)CA Health & Safety Code § 1367.207(c)(5) “Prescribing provider” is a health care provider authorized to write a prescription to treat a medical condition, including prescriptions to treat mental health and substance use disorders, for a health plan enrollee.
(6)CA Health & Safety Code § 1367.207(c)(6) “Standard API” means an application interface that is standardized for vendors to conform to in order to access the information pursuant to Section 170.215 of Title 45 of the Code of Federal Regulations.
(d)Copy CA Health & Safety Code § 1367.207(d)
(1)Copy CA Health & Safety Code § 1367.207(d)(1) This section does not authorize further disclosure inconsistent with the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191) and the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code).
(2)CA Health & Safety Code § 1367.207(d)(2) This section does not alter or interfere with requirements that a health care service plan cover prescription drugs consistent with this chapter and regulations promulgated thereunder.
(3)CA Health & Safety Code § 1367.207(d)(3) This section does not alter or interfere with a health care service plan’s other obligations under this chapter, including requirements to disclose or explain its prescription drug benefit.

Section § 1367.215

Explanation

This law requires health care plans in California to cover prescribed pain medications for terminally ill patients when necessary. The plan must decide on these requests within 72 hours of receiving the required information. If they deny the request or need more information, they must inform the provider within one business day, explaining why. If the time limit passes with no decision, the treatment is considered approved. Providers must then notify the health care plan when proceeding with the treatment, confirming expired timeframes, patient's details, and treatment location. However, this section doesn't cover medications prescribed for off-label uses, which are handled differently. The department still has the authority to ensure plans comply with these rules.

(a)CA Health & Safety Code § 1367.215(a)  Every health care service plan contract that covers prescription drug benefits shall provide coverage for appropriately prescribed pain management medications for terminally ill patients when medically necessary. The plan shall approve or deny the request by the provider for authorization of coverage for an enrollee who has been determined to be terminally ill in a timely fashion, appropriate for the nature of the enrollee’s condition, not to exceed 72 hours of the plan’s receipt of the information requested by the plan to make the decision. If the request is denied or if additional information is required, the plan shall contact the provider within one working day of the determination, with an explanation of the reason for the denial or the need for additional information. The requested treatment shall be deemed authorized as of the expiration of the applicable timeframe. The provider shall contact the plan within one business day of proceeding with the deemed authorized treatment, to do all of the following:
(1)CA Health & Safety Code § 1367.215(a)(1)  Confirm that the timeframe has expired.
(2)CA Health & Safety Code § 1367.215(a)(2)  Provide enrollee identification.
(3)CA Health & Safety Code § 1367.215(a)(3)  Notify the plan of the provider or providers performing the treatment.
(4)CA Health & Safety Code § 1367.215(a)(4)  Notify the plan of the facility or location where the treatment was rendered.
(b)CA Health & Safety Code § 1367.215(b)  This section does not apply to coverage for any drug that is prescribed for a use that is different from the use for which that drug has been approved for marketing by the federal Food and Drug Administration. Coverage for different-use drugs is subject to Section 1367.21.
(c)CA Health & Safety Code § 1367.215(c)  Nothing in this section shall be construed to deny or restrict in any way the department’s authority to ensure plan compliance with this chapter when a plan provides coverage for prescription drugs.

Section § 1367.241

Explanation

This law requires health care service plans in California to use a standardized form or electronic process for prior authorization of prescription drugs, starting January 1, 2013. If insurers don't respond to prior authorization requests within 72 hours (or 24 in urgent situations), they automatically approve the request. Different rules apply for plans with certain financial or operational setups. The form must not exceed two pages and must be electronically accessible. Both the Department of Insurance and stakeholder input informed its creation. Plans must explain decisions promptly and allow independent review if initial requests are denied.

(a)CA Health & Safety Code § 1367.241(a) Notwithstanding any other law, on and after January 1, 2013, a health care service plan that provides coverage for prescription drugs shall accept only the prior authorization form developed pursuant to subdivision (c), or an electronic prior authorization process described in subdivision (e), when requiring prior authorization for prescription drugs. This section does not apply in the event that a physician or physician group has been delegated the financial risk for prescription drugs by a health care service plan and does not use a prior authorization process. This section does not apply to a health care service plan, or to its affiliated providers, if the health care service plan owns and operates its pharmacies and does not use a prior authorization process for prescription drugs.
(b)Copy CA Health & Safety Code § 1367.241(b)
(1)Copy CA Health & Safety Code § 1367.241(b)(1) (A) If a health care service plan, contracted physician group, or utilization review organization fails to notify a prescribing provider of its coverage determination within 72 hours for nonurgent requests, or within 24 hours if exigent circumstances exist, upon receipt of a completed prior authorization or step therapy exception request, the prior authorization or step therapy exception request shall be deemed approved for the duration of the prescription, including refills. The requirements of this subdivision shall not apply to contracts entered into pursuant to Chapter 7 (commencing with Section 14000), Chapter 8 (commencing with Section 14200), or Chapter 8.75 (commencing with Section 14591) of Part 3 of Division 9 of the Welfare and Institutions Code. Medi-Cal managed care health care service plans that contract under those chapters shall not be required to maintain an external exception request review as provided in Section 156.122 of Title 45 of the Code of Federal Regulations.
(B)CA Health & Safety Code § 1367.241(b)(1)(B)  The external exception request review process shall apply to a denial of a prior authorization or step therapy exception request. An independent review organization’s reversal of a health care service plan’s denial of a request for an exception, prior authorization, or a step therapy exception shall be binding on the health care service plan and shall apply for the duration of the prescription, including refills. A health care service plan shall notify the enrollee and prescribing provider of the independent review organization’s coverage determination, or request for additional or clinically relevant material information necessary to make a coverage determination, within the time limits required by paragraph (2). This subparagraph shall not affect or limit an enrollee’s eligibility for independent medical review under Section 1374.30 or to file an internal appeal with the health care service plan.
(2)CA Health & Safety Code § 1367.241(b)(2) If a request for prior authorization or a step therapy exception is incomplete or clinically relevant material information necessary to make a coverage determination is not included, the health care service plan, contracted physician group, or utilization review organization shall notify the prescribing provider within 72 hours of receipt, or within 24 hours of receipt if exigent circumstances exist, what additional or clinically relevant material information is needed to approve or deny the prior authorization or step therapy exception request, or to appeal the denial thereof. Once the requested information is received, the applicable time period to approve or deny a prior authorization or step therapy exception request, or to appeal, shall begin to elapse. If a coverage determination or request for additional or clinically relevant material information by a health care service plan, contracted physician group, or utilization review organization is not received by the prescribing provider within the time allotted, the prior authorization or step therapy exception request, or appeal of a denial thereof, shall be deemed approved for the duration of the prescription, including refills. In the event of a denial, the health care service plan, contracted physician group, or utilization review organization shall inform the prescribing provider and enrollee of the external appeal process under subparagraph (B) of paragraph (1), which shall also apply to a denial of a prior authorization or step therapy exception request.
(3)CA Health & Safety Code § 1367.241(b)(3) A health care service plan, contracted physician group, utilization review organization, or external independent review organization shall approve a step therapy exception request, or internal or external appeal of a denial thereof, if any of the criteria in subdivision (b) of Section 1367.206 are satisfied.
(c)CA Health & Safety Code § 1367.241(c)  On or before January 1, 2017, the department and the Department of Insurance shall jointly develop a uniform prior authorization form. Notwithstanding any other law, on and after July 1, 2017, or six months after the form is completed pursuant to this section, whichever is later, every prescribing provider shall use that uniform prior authorization form, or an electronic prior authorization process described in subdivision (e), to request prior authorization for coverage of prescription drugs and every health care service plan shall accept that form or electronic process as sufficient to request prior authorization for prescription drugs.
(d)CA Health & Safety Code § 1367.241(d)  The prior authorization form developed pursuant to subdivision (c) shall meet the following criteria:
(1)CA Health & Safety Code § 1367.241(d)(1) The form shall not exceed two pages.
(2)CA Health & Safety Code § 1367.241(d)(2) The form shall be made electronically available by the department and the health care service plan.
(3)CA Health & Safety Code § 1367.241(d)(3) The completed form may also be electronically submitted from the prescribing provider to the health care service plan.
(4)CA Health & Safety Code § 1367.241(d)(4) The department and the Department of Insurance shall develop the form with input from interested parties from at least one public meeting.
(5)CA Health & Safety Code § 1367.241(d)(5) The department and the Department of Insurance, in development of the standardized form, shall take into consideration the following:
(A)CA Health & Safety Code § 1367.241(d)(5)(A) Existing prior authorization forms established by the federal Centers for Medicare and Medicaid Services and the State Department of Health Care Services.
(B)CA Health & Safety Code § 1367.241(d)(5)(B) National standards pertaining to electronic prior authorization.
(e)CA Health & Safety Code § 1367.241(e) A prescribing provider may use an electronic prior authorization system utilizing the standardized form described in subdivision (c) or an electronic process developed specifically for transmitting prior authorization information that meets the National Council for Prescription Drug Programs’ SCRIPT standard for electronic prior authorization transactions.
(f)CA Health & Safety Code § 1367.241(f)  Subdivision (a) does not apply if any of the following occurs:
(1)CA Health & Safety Code § 1367.241(f)(1) A contracted physician group is delegated the financial risk for prescription drugs by a health care service plan.
(2)CA Health & Safety Code § 1367.241(f)(2) A contracted physician group uses its own internal prior authorization process rather than the health care service plan’s prior authorization process for plan enrollees.
(3)CA Health & Safety Code § 1367.241(f)(3) A contracted physician group is delegated a utilization management function by the health care service plan concerning any prescription drug, regardless of the delegation of financial risk.
(g)CA Health & Safety Code § 1367.241(g)  For prescription drugs, prior authorization requirements described in subdivisions (c) and (e) apply regardless of how that benefit is classified under the terms of the health plan’s group or individual contract.
(h)CA Health & Safety Code § 1367.241(h) For purposes of this section:
(1)CA Health & Safety Code § 1367.241(h)(1) “Prescribing provider” shall include a provider authorized to write a prescription, pursuant to subdivision (a) of Section 4040 of the Business and Professions Code, to treat a medical condition of an enrollee.
(2)CA Health & Safety Code § 1367.241(h)(2) “Exigent circumstances” exist when an enrollee is suffering from a health condition that may seriously jeopardize the enrollee’s life, health, or ability to regain maximum function or when an enrollee is undergoing a current course of treatment using a nonformulary drug.
(3)CA Health & Safety Code § 1367.241(h)(3) “Completed prior authorization request” means a completed uniform prior authorization form developed pursuant to subdivision (c), or a completed request submitted using an electronic prior authorization system described in subdivision (e), or, for contracted physician groups described in subdivision (f), the process used by the contracted physician group.
(4)CA Health & Safety Code § 1367.241(h)(4) “Step therapy exception” means a decision to override a generally applicable step therapy protocol in favor of coverage of the prescription drug prescribed by a health care provider for an individual enrollee.

Section § 1367.243

Explanation

This law requires health care service plans to report detailed information about prescription drugs, including the 25 most prescribed, 25 most costly, and 25 with the biggest annual cost increase, to a department each year by October 1. This helps assess how drug costs affect health insurance premiums. The department then compiles and publicly shares a report showing the overall impact, ensuring no specific plan details are disclosed. Specialty drugs are defined by Medicare standards. The public report is published by January 1, and included in a public meeting. Information, aside from the public report, remains confidential.

(a)Copy CA Health & Safety Code § 1367.243(a)
(1)Copy CA Health & Safety Code § 1367.243(a)(1) A health care service plan that reports rate information pursuant to Section 1385.03 or 1385.045 shall report the information described in paragraph (2) to the department no later than October 1 of each year, beginning October 1, 2018.
(2)CA Health & Safety Code § 1367.243(a)(2) For all covered prescription drugs, including generic drugs, brand name drugs, and specialty drugs dispensed at a plan pharmacy, network pharmacy, or mail order pharmacy for outpatient use, all of the following shall be reported:
(A)CA Health & Safety Code § 1367.243(a)(2)(A) The 25 most frequently prescribed drugs.
(B)CA Health & Safety Code § 1367.243(a)(2)(B) The 25 most costly drugs by total annual plan spending.
(C)CA Health & Safety Code § 1367.243(a)(2)(C) The 25 drugs with the highest year-over-year increase in total annual plan spending.
(b)CA Health & Safety Code § 1367.243(b) The department shall compile the information reported pursuant to subdivision (a) into a report for the public and legislators that demonstrates the overall impact of drug costs on health care premiums. The data in the report shall be aggregated and shall not reveal information specific to individual health care service plans.
(c)CA Health & Safety Code § 1367.243(c) For the purposes of this section, a “specialty drug” is one that exceeds the threshold for a specialty drug under the Medicare Part D program (Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173)).
(d)CA Health & Safety Code § 1367.243(d) By January 1 of each year, beginning January 1, 2019, the department shall publish on its Internet Web site the report required pursuant to subdivision (b).
(e)CA Health & Safety Code § 1367.243(e) After the report required in subdivision (b) is released, the department shall include the report as part of the public meeting required pursuant to subdivision (b) of Section 1385.045.
(f)CA Health & Safety Code § 1367.243(f) Except for the report required pursuant to subdivision (b), the department shall keep confidential all of the information provided to the department pursuant to this section, and the information shall be protected from public disclosure.

Section § 1367.244

Explanation

This law section allows individuals to request an exception to a health plan's step therapy process, which is a sequence of trying more cost-effective medications before the prescribed one. You can submit these requests just like prior authorization requests for drugs. Health plans must handle them the same way. The law also requires that step therapy exception requests be part of a standardized form used for prior authorizations. A step therapy exception means covering the specific drug a doctor prescribes, rather than following a usual step therapy process.

(a)CA Health & Safety Code § 1367.244(a) A request for an exception to a health care service plan’s step therapy process for prescription drugs may be submitted in the same manner as a request for prior authorization for prescription drugs pursuant to Section 1367.241, and shall be treated in the same manner, and shall be responded to by the health care service plan in the same manner, as a request for prior authorization for prescription drugs.
(b)CA Health & Safety Code § 1367.244(b) The department and the Department of Insurance shall include a provision for step therapy exception requests in the uniform prior authorization form developed pursuant to subdivision (c) of Section 1367.241.
(c)CA Health & Safety Code § 1367.244(c) “Step therapy exception” means a decision to override a generally applicable step therapy protocol in favor of coverage of the prescription drug prescribed by a health care provider for an individual enrollee.

Section § 1367.251

Explanation

This California law mandates that, starting January 1, 2023, most health care service plans must cover abortion services, including related preabortion and follow-up care, without any cost to the patient—no deductibles, copayments, or coinsurance. Additionally, plans cannot impose limitations like requiring prior approval or setting annual or lifetime caps for outpatient abortion services. These rules also apply to Medi-Cal managed care plans and their providers.

If a health care plan delegates duties related to abortion coverage to another entity, that entity must also comply with these rules. However, this section doesn't require coverage for experimental treatments and does not prevent the health department from ensuring compliance.

For high-deductible health plans, the no-cost provision applies after meeting the deductible. The department can provide interpretation and guidance on this law, with formal regulations to follow by January 1, 2026.

(a)Copy CA Health & Safety Code § 1367.251(a)
(1)Copy CA Health & Safety Code § 1367.251(a)(1) A health care service plan, except for a specialized health care service plan contract, that is issued, amended, renewed, or delivered on or after January 1, 2023, shall not impose a deductible, coinsurance, copayment, or any other cost-sharing requirement on coverage for all abortion and abortion-related services, including preabortion and followup services.
(2)CA Health & Safety Code § 1367.251(a)(2) Except as otherwise authorized by this section, a health care service plan shall not impose any utilization management or utilization review, including prior authorization and annual or lifetime limits consistent with Sections 1367.001 and 1367.005, on the coverage for outpatient abortion services.
(3)CA Health & Safety Code § 1367.251(a)(3) Medi-Cal managed care plans that contract with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000) and Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code and their contracting providers, independent practice associations, preferred provider groups, and all delegated entities that provide physician services, utilization management, or utilization review shall be subject to this section.
(4)CA Health & Safety Code § 1367.251(a)(4) If a health care service plan delegates responsibilities under this section to a contracted entity, including a medical group or independent practice association, the delegated entity shall comply with this section.
(b)CA Health & Safety Code § 1367.251(b) This section does not deny or restrict in any way the department's authority to ensure plan compliance with this chapter when a health care service plan provides coverage for abortion services.
(c)CA Health & Safety Code § 1367.251(c) This section does not require an individual or group health care service plan contract to cover an experimental or investigational treatment.
(d)CA Health & Safety Code § 1367.251(d) For purposes of this section, “abortion” means any medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth.
(e)CA Health & Safety Code § 1367.251(e) For a health care service plan contract that is a high deductible health plan, as defined in Section 223(c)(2) of Title 26 of the United States Code, the cost-sharing limits in paragraph (1) of subdivision (a) shall apply once an enrollee’s deductible has been satisfied for the benefit year.
(f)Copy CA Health & Safety Code § 1367.251(f)
(1)Copy CA Health & Safety Code § 1367.251(f)(1) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may interpret and implement this section, in consultation with the State Department of Health Care Services and the Department of Insurance, by means of plan letters or similar guidance without taking any further regulatory action. The department shall adopt regulations on or before January 1, 2026, in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(2)CA Health & Safety Code § 1367.251(f)(2) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Health Care Services may implement this section, consistent with any guidance issued by the department pursuant to paragraph (1), to the extent that guidance does not exceed Medi-Cal program coverage of abortion and abortion-related services, by means of plan letters, plan or provider bulletins, or similar guidance issued to Medi-Cal managed care plans that contract with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000) and Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code, without taking any further regulatory action.

Section § 1367.255

Explanation

This law states that from January 1, 2024, health care service plans can't charge for vasectomy procedures through deductibles or copays, except for grandfathered plans and health savings account plans. Even then, cost-sharing must be minimal to allow tax benefits. Such procedures should have no delays or restrictions like prior authorizations. Coverage applies equally to spouses and dependents.

Medi-Cal plans must cover vasectomies unless their responsibility is outlined differently by the State Department, where the coverage might be on a fee-for-service basis. Religious employers can request plans without vasectomy coverage if it conflicts with their beliefs, but must inform enrollees annually. This rule doesn't prevent state oversight or require coverage of experimental treatments.

(a)Copy CA Health & Safety Code § 1367.255(a)
(1)Copy CA Health & Safety Code § 1367.255(a)(1) A health care service plan contract issued, amended, renewed, or delivered on or after January 1, 2024, except for a grandfathered health plan or a qualifying health plan for a health savings account, shall not impose a deductible, coinsurance, copayment, or any other cost-sharing requirement on vasectomy services and procedures. For a qualifying health plan for a health savings account, the carrier shall establish the plan’s cost sharing for vasectomy services and procedures at the minimum level necessary to preserve the enrollee’s ability to claim tax-exempt contributions and withdrawals from the enrollee’s health savings account under Internal Revenue Service laws, regulations, and guidance. Cost sharing shall not be imposed on a Medi-Cal beneficiary.
(2)CA Health & Safety Code § 1367.255(a)(2) A health care service plan shall not impose any restrictions or delays, including, but not limited to, prior authorization, on vasectomy services or procedures.
(3)CA Health & Safety Code § 1367.255(a)(3) Benefits for an enrollee under this section shall be the same for an enrollee’s covered spouse and covered nonspouse dependents.
(4)CA Health & Safety Code § 1367.255(a)(4) For purposes of this section, “health care service plan” includes Medi-Cal managed care plans that contract with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000) and Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code, to the extent that the benefits described in this subdivision are made the financial responsibility of the Medi-Cal managed care plan under its comprehensive risk contract with the State Department of Health Care Services. If some or all of the benefits described in this subdivision are not the financial responsibility of the Medi-Cal managed care plan, as determined by the State Department of Health Care Services, those benefits shall be available to Medi-Cal beneficiaries on a fee-for-service basis pursuant to subdivision (n) of Section 14132 of the Welfare and Institutions Code.
(5)CA Health & Safety Code § 1367.255(a)(5) Utilization controls applicable to services described in this section provided by a Medi-Cal managed care plan shall be subject to this section.
(b)CA Health & Safety Code § 1367.255(b) Notwithstanding any other provision of this section, a religious employer may request a health care service plan contract without coverage for contraceptive methods that are contrary to the religious employer’s religious tenets. If so requested, a health care service plan contract shall be provided without coverage for vasectomy services and procedures. The exclusion from coverage under this provision shall not apply to vasectomy services or procedures for purposes other than contraception.
(1)CA Health & Safety Code § 1367.255(b)(1) A health care service plan that contracts with a religious employer to provide a health care service plan that does not include coverage and benefits for vasectomy services and procedures shall notify, in writing, upon initial enrollment and annually thereafter upon renewal, each enrollee that vasectomy services and procedures are not included in the enrollee’s health care service plan.
(2)CA Health & Safety Code § 1367.255(b)(2) For purposes of this section, a “religious employer” is an entity for which each of the following is true:
(A)CA Health & Safety Code § 1367.255(b)(2)(A) The inculcation of religious values is the purpose of the entity.
(B)CA Health & Safety Code § 1367.255(b)(2)(B) The entity primarily employs persons who share the religious tenets of the entity.
(C)CA Health & Safety Code § 1367.255(b)(2)(C) The entity serves primarily persons who share the religious tenets of the entity.
(D)CA Health & Safety Code § 1367.255(b)(2)(D) The entity is a nonprofit organization as described in Section 6033(a)(3)(A)(i) or (iii) of the Internal Revenue Code of 1986, as amended.
(c)CA Health & Safety Code § 1367.255(c) This section shall not be construed to deny or restrict in any way the department’s authority to ensure plan compliance with this chapter when a plan provides coverage for contraceptive drugs, devices, and products.
(d)CA Health & Safety Code § 1367.255(d) This section shall not be construed to require an individual or group health care service plan contract to cover experimental or investigational treatments.
(e)CA Health & Safety Code § 1367.255(e) For purposes of this section, the following definitions apply:
(1)CA Health & Safety Code § 1367.255(e)(1) “Grandfathered health plan” has the meaning set forth in Section 1251 of PPACA.
(2)CA Health & Safety Code § 1367.255(e)(2) “PPACA” means the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and any rules, regulations, or guidance issued thereunder.

Section § 1367.624

Explanation

This law states that medically necessary pasteurized donor human milk provided by a licensed tissue bank is considered a basic health care service in California. This means it should be included as a part of required health care benefits.

The provision of medically necessary pasteurized donor human milk obtained from a tissue bank licensed pursuant to Chapter 4.1 (commencing with Section 1635) is a basic health care service, as defined in subdivision (b) of Section 1345 and any regulations adopted thereunder.

Section § 1367.625

Explanation

This law requires health care plans to create a maternal mental health program focused on quality and cost-effective care. It mandates at least one mental health screening during pregnancy and one during the early postpartum period, with additional screenings if needed. The program must include guidelines for diagnosis, treatment, and referrals, and share these with medical providers. Plans are advised to enhance services like doula coverage and provider training.

"Maternal mental health" covers conditions during pregnancy and postpartum, including postpartum depression. Specialized health plans, aside from those offering mental health services, are exempt. Medi-Cal plans must adhere to state quality measures and seek necessary federal approvals without risking funding.

(a)CA Health & Safety Code § 1367.625(a) A health care service plan shall develop a maternal mental health program designed to promote quality and cost-effective outcomes. The program shall consist of at least one maternal mental health screening to be conducted during pregnancy, at least one additional screening to be conducted during the first six weeks of the postpartum period, and additional postpartum screenings, if determined to be medically necessary and clinically appropriate in the judgment of the treating provider. The program shall be developed consistent with sound clinical principles and processes, and shall include quality measures to encourage screening, diagnosis, treatment, and referral. The program guidelines and criteria shall be provided to relevant medical providers, including all contracting obstetric providers. As part of a maternal mental health program the health care service plan is encouraged to improve screening, treatment, and referral to maternal mental health services, include coverage for doulas, incentivize training opportunities for contracting obstetric providers, and educate enrollees about the program.
(b)CA Health & Safety Code § 1367.625(b) For the purposes of this section:
(1)CA Health & Safety Code § 1367.625(b)(1) “Contracting obstetric provider” means an individual who is certified or licensed pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, or an initiative act referred to in that division, and who is contracted with the enrollee’s health care service plan to provide services under the enrollee’s plan contract.
(2)CA Health & Safety Code § 1367.625(b)(2) “Maternal mental health” means a mental health condition that occurs during pregnancy or during the postpartum period and includes, but is not limited to, postpartum depression.
(c)CA Health & Safety Code § 1367.625(c) This section does not apply to specialized health care service plans, except specialized behavioral health-only plans offering professional mental health services.
(d)CA Health & Safety Code § 1367.625(d) For purposes of this section, “health care service plan” includes Medi-Cal managed care plans that contract with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000) and Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code. The State Department of Health Care Services shall seek any federal approvals it deems necessary to implement this section. This section applies to Medi-Cal managed care plan contracts only to the extent that the State Department of Health Care Services obtains any necessary federal approvals, and federal financial participation under the Medi-Cal program is available and not otherwise jeopardized.
(e)CA Health & Safety Code § 1367.625(e) Notwithstanding subdivision (a), a Medi-Cal managed care plan shall continue to comply with any quality measures required or adopted by the State Department of Health Care Services. Quality measures included in a Medi-Cal managed care plan’s maternal mental health program shall not be inconsistent with quality measures required or adopted by the State Department of Health Care Services.

Section § 1367.626

Explanation

This law requires health care service plans in California to create programs by January 1, 2025, aimed at reducing racial disparities in maternal and infant health by using doulas. These programs can be part of or expansions to existing maternal health programs.

If a Medi-Cal managed care plan already covers doula services, it complies with this law's requirements. The law defines a Medi-Cal managed care plan according to another specific legal definition.

By January 1, 2027, the relevant departments must report to the Legislature on the effectiveness of these programs, which can include data on care quality, access improvements, barriers, and more.

(a)Copy CA Health & Safety Code § 1367.626(a)
(1)Copy CA Health & Safety Code § 1367.626(a)(1) On or before January 1, 2025, a health care service plan shall develop a maternal and infant health equity program that addresses racial health disparities in maternal and infant health outcomes through the use of doulas. This may be achieved by integrating the program into existing maternal mental health programs, including those encouraging the coverage of doula care, or by expanding existing doula programs.
(2)Copy CA Health & Safety Code § 1367.626(a)(2)
(A)Copy CA Health & Safety Code § 1367.626(a)(2)(A) A Medi-Cal managed care plan shall be considered compliant with the requirements of this section by providing coverage of doula services so long as doula services are a Medi-Cal covered benefit.
(B)CA Health & Safety Code § 1367.626(a)(2)(A)(B) For the purpose of this section, “Medi-Cal managed care plan” has the same meaning as provided in subdivision (j) of Section 14184.101 of the Welfare and Institutions Code.
(b)CA Health & Safety Code § 1367.626(b) The department, in consultation with the Department of Insurance, shall collect data and submit a report describing the doula coverage and programs established pursuant to subdivision (a) to the Legislature by January 1, 2027. The report may do both of the following:
(1)CA Health & Safety Code § 1367.626(b)(1) Include the department’s Healthcare Effectiveness Data and Information Set (HEDIS) measures or the Center for Data Insights and Innovation’s quality of care report card.
(2)CA Health & Safety Code § 1367.626(b)(2) Assess quality of care, increased access, ongoing barriers to access, and more.

Section § 1367.627

Explanation

This law states that starting January 1, 2025, health care providers can bill separately for devices, implants, or professional services related to immediate postpartum contraception if the birth happens in a general acute care hospital or licensed birth center. These items should not be included in the standard payment for obstetric procedures.

Immediate postpartum contraception refers to inserting devices like IUDs or implants before a patient leaves the hospital or birth center. The law ensures that this billing practice does not prevent patients from having direct access to contraceptive services and informed consent.

(a)CA Health & Safety Code § 1367.627(a) A contract between a health care service plan and a health care provider issued, amended, or renewed on or after January 1, 2025, shall authorize a provider to separately bill for devices, implants, or professional services, or a combination thereof, associated with immediate postpartum contraception if the birth takes place in a general acute care hospital or licensed birth center. The provider contract shall not consider those devices, implants, or services to be part of a payment for a general obstetric procedure.
(b)CA Health & Safety Code § 1367.627(b) For purposes of this section, “immediate postpartum contraception” means the postpartum insertion of intrauterine devices or contraceptive implants performed before the enrollee is discharged from the general acute care hospital or licensed birth center and includes the devices or implants themselves.
(c)CA Health & Safety Code § 1367.627(c) This section does not affect an enrollee’s right to directly access women’s health care services, including contraceptive services, and informed consent.

Section § 1367.635

Explanation

This California law mandates that health care plans covering mastectomies and lymph node dissections must allow the attending doctor and patient to decide the length of hospital stay without needing prior approval from the plan. These plans must also cover prosthetic devices and reconstructive surgeries to restore symmetry, as well as any complications, like lymphedema. Coverage extends to both the affected and healthy breast if needed to achieve normal appearance. Only licensed physicians can deny care requests based on this law. Health plans cannot manipulate care provisions or financial arrangements to reduce coverage quality. Notice of such coverage must be included in service plans from July 1, 1999, but retrospective reviews and quality checks are still permitted.

(a)CA Health & Safety Code § 1367.635(a) Every health care service plan contract that is issued, amended, renewed, or delivered on or after January 1, 1999, that provides coverage for surgical procedures known as mastectomies and lymph node dissections, shall do all of the following:
(1)CA Health & Safety Code § 1367.635(a)(1) Allow the length of a hospital stay associated with those procedures to be determined by the attending physician and surgeon in consultation with the patient, postsurgery, consistent with sound clinical principles and processes. No health care service plan shall require a treating physician and surgeon to receive prior approval from the plan in determining the length of hospital stay following those procedures.
(2)CA Health & Safety Code § 1367.635(a)(2) Cover prosthetic devices or reconstructive surgery, including devices or surgery to restore and achieve symmetry for the patient incident to the mastectomy. Coverage for prosthetic devices and reconstructive surgery shall be subject to the deductible and coinsurance conditions applicable to other benefits.
(3)CA Health & Safety Code § 1367.635(a)(3) Cover all complications from a mastectomy, including lymphedema.
(b)CA Health & Safety Code § 1367.635(b) As used in this section, all of the following definitions apply:
(1)CA Health & Safety Code § 1367.635(b)(1) “Coverage for prosthetic devices or reconstructive surgery” means any initial and subsequent reconstructive surgeries or prosthetic devices, and followup care deemed necessary by the attending physician and surgeon.
(2)CA Health & Safety Code § 1367.635(b)(2) “Prosthetic devices” means and includes the provision of initial and subsequent prosthetic devices pursuant to an order of the patient’s physician and surgeon.
(3)CA Health & Safety Code § 1367.635(b)(3) “Mastectomy” means the removal of all or part of the breast for medically necessary reasons, as determined by a licensed physician and surgeon. Partial removal of a breast includes, but is not limited to, lumpectomy, which includes surgical removal of the tumor with clear margins.
(4)CA Health & Safety Code § 1367.635(b)(4) “To restore and achieve symmetry” means that, in addition to coverage of prosthetic devices and reconstructive surgery for the diseased breast on which the mastectomy was performed, prosthetic devices and reconstructive surgery for a healthy breast is also covered if, in the opinion of the attending physician and surgeon, this surgery is necessary to achieve normal symmetrical appearance.
(c)CA Health & Safety Code § 1367.635(c) No individual, other than a licensed physician and surgeon competent to evaluate the specific clinical issues involved in the care requested, may deny requests for authorization of health care services pursuant to this section.
(d)CA Health & Safety Code § 1367.635(d) No health care service plan shall do any of the following in providing the coverage described in subdivision (a):
(1)CA Health & Safety Code § 1367.635(d)(1) Reduce or limit the reimbursement of the attending provider for providing care to an individual enrollee or subscriber in accordance with the coverage requirements.
(2)CA Health & Safety Code § 1367.635(d)(2) Provide monetary or other incentives to an attending provider to induce the provider to provide care to an individual enrollee or subscriber in a manner inconsistent with the coverage requirements.
(3)CA Health & Safety Code § 1367.635(d)(3) Provide monetary payments or rebates to an individual enrollee or subscriber to encourage acceptance of less than the coverage requirements.
(e)CA Health & Safety Code § 1367.635(e) On or after July 1, 1999, every health care service plan shall include notice of the coverage required by this section in the plan’s evidence of coverage.
(f)CA Health & Safety Code § 1367.635(f) Nothing in this section shall be construed to limit retrospective utilization review and quality assurance activities by the plan.

Section § 1367.656

Explanation

This law requires that health insurance plans providing coverage for oral cancer medications, starting January 1, 2015, must limit the cost that patients pay to a maximum of $250 for a 30-day supply. This applies regardless of any deductible. However, plans classified as 'high deductible health plans' have to apply this rule only after the enrollee has met their yearly deductible. Furthermore, these medications should be administered according to medical standards. This law does not apply to plans covering only dental or vision care, or to plans related to the Medicare Program.

(a)CA Health & Safety Code § 1367.656(a) Notwithstanding any other law, an individual or group health care service plan contract issued, amended, or renewed on or after January 1, 2015, that provides coverage for prescribed, orally administered anticancer medications used to kill or slow the growth of cancerous cells shall comply with all of the following:
(1)CA Health & Safety Code § 1367.656(a)(1) Notwithstanding any deductible, the total amount of copayments and coinsurance an enrollee is required to pay shall not exceed two hundred fifty dollars ($250) for an individual prescription of up to a 30-day supply of a prescribed orally administered anticancer medication covered by the contract.
(2)CA Health & Safety Code § 1367.656(a)(2) For a health care service plan contract that meets the definition of a “high deductible health plan” set forth in Section 223(c)(2) of Title 26 of the United States Code, paragraph (1) shall only apply once an enrollee’s deductible has been satisfied for the year.
(3)CA Health & Safety Code § 1367.656(a)(3) An orally administered anticancer medication shall be provided consistent with the appropriate standard of care for that medication.
(b)CA Health & Safety Code § 1367.656(b) This section shall not apply to a specialized health care service plan contract that covers only dental or vision benefits or any coverage under a health care service plan contract for the Medicare Program pursuant to Title XVIII of the federal Social Security Act (42 U.S.C. Sec. 1395 et seq.).

Section § 1367.665

Explanation

This law ensures that health care plans, except specialized ones, cover cancer screening tests. For plans issued from July 1, 2022, onward, no prior authorization is needed for biomarker testing for patients with advanced cancer stages 3 or 4 to monitor cancer's progress or return. Biomarker testing involves checking a patient's biospecimen, like blood or tissue, for DNA or RNA changes to guide treatment. However, prior authorization can still be required for biomarker tests not linked to FDA-approved treatments for these cancer stages. The law doesn't change any rights to biomarker testing in clinical trials.

(a)CA Health & Safety Code § 1367.665(a) A health care service plan contract, except for a specialized health care service plan contract, that is issued, amended, delivered, or renewed on or after July 1, 2000, shall be deemed to provide coverage for all generally medically accepted cancer screening tests, subject to all terms and conditions that would otherwise apply.
(b)Copy CA Health & Safety Code § 1367.665(b)
(1)Copy CA Health & Safety Code § 1367.665(b)(1) A health care service plan contract, except for a specialized health care service plan contract, that is issued, amended, delivered, or renewed on or after July 1, 2022, shall not require prior authorization for either of the following:
(A)CA Health & Safety Code § 1367.665(b)(1)(A) Biomarker testing for an enrollee with advanced or metastatic stage 3 or 4 cancer.
(B)CA Health & Safety Code § 1367.665(b)(1)(B) Biomarker testing for cancer progression or recurrence in the enrollee with advanced or metastatic stage 3 or 4 cancer.
(2)CA Health & Safety Code § 1367.665(b)(2) This subdivision shall also apply to health care service plan contracts and Medi-Cal managed care plan contracts with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code.
(c)CA Health & Safety Code § 1367.665(c) For purposes of this section, “biomarker test” means a diagnostic test, such as single or multigene, of the cancer patient’s biospecimen, such as tissue, blood, or other bodily fluids, for DNA or RNA alterations, including phenotypic characteristics of a malignancy, to identify an individual with a subtype of cancer, in order to guide patient treatment.
(d)CA Health & Safety Code § 1367.665(d) Notwithstanding subdivision (b), this section does not prohibit a health care service plan from requiring prior authorization on biomarker testing that is not for an FDA-approved therapy for advanced or metastatic stage 3 or 4 cancer.
(e)CA Health & Safety Code § 1367.665(e) This section does not limit, prohibit, or modify an enrollee’s rights to biomarker testing as part of an approved clinical trial under Section 1370.6.

Section § 1367.667

Explanation

This law requires certain health care plans in California to cover medically necessary biomarker testing starting July 1, 2024. Biomarker tests can help diagnose, manage, or monitor a patient's condition and should meet specific criteria such as FDA approval or adherence to recognized clinical guidelines. The law details the conditions under which these tests must be covered and emphasizes minimizing care disruption, such as avoiding repeated biopsies. It outlines exceptions, like Medi-Cal managed care contracts, and defines key terms related to biomarker testing. Restrictions on testing can be contested through grievance processes.

(a)CA Health & Safety Code § 1367.667(a) A health care service plan contract, except for a specialized health care service plan contract, that is issued, amended, delivered, or renewed on or after July 1, 2024, shall cover medically necessary biomarker testing, subject to utilization review management, pursuant to this section. Biomarker testing shall be covered for the purposes of diagnosis, treatment, appropriate management, or ongoing monitoring of an enrollee’s disease or condition to guide treatment decisions. Coverage shall include biomarker tests that meet any of the following:
(1)CA Health & Safety Code § 1367.667(a)(1) A labeled indication for a test that has been approved or cleared by the United States Food and Drug Administration (FDA) or is an indicated test for an FDA-approved drug.
(2)CA Health & Safety Code § 1367.667(a)(2) A national coverage determination made by the federal Centers for Medicare and Medicaid Services.
(3)CA Health & Safety Code § 1367.667(a)(3) A local coverage determination made by a Medicare Administrative Contractor for California.
(4)CA Health & Safety Code § 1367.667(a)(4) Evidence-based clinical practice guidelines, supported by peer-reviewed literature and peer-reviewed scientific studies published in or accepted for publication by medical journals that meet nationally recognized requirements for scientific manuscripts and that submit most of their published articles for review by experts who are not part of the editorial staff.
(5)CA Health & Safety Code § 1367.667(a)(5) Standards set by the National Academy of Medicine.
(b)CA Health & Safety Code § 1367.667(b) A health care service plan shall use the process described in Section 1363.5 to determine whether biomarker testing is medically necessary for purposes of this section.
(c)CA Health & Safety Code § 1367.667(c) A health care service plan that is subject to this section shall ensure that biomarker testing is provided in a manner that limits disruptions in care, including the need for multiple biopsies or biospecimen samples. This section does not require coverage of biomarker testing for screening purposes unless otherwise required by this chapter.
(d)CA Health & Safety Code § 1367.667(d) Restricted or denied use of biomarker testing for the purpose of diagnosis, treatment, or ongoing monitoring of any medical condition is subject to grievance and appeal processes under state and federal law.
(e)Copy CA Health & Safety Code § 1367.667(e)
(1)Copy CA Health & Safety Code § 1367.667(e)(1) This section shall not apply to any Medi-Cal managed care plan contract with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code. For these plans, the biomarker testing coverage pursuant to Section 14132.09 of the Welfare and Institutions Code shall apply.
(2)CA Health & Safety Code § 1367.667(e)(2) This subdivision shall not be construed to remove any obligation that is otherwise applicable to Medi-Cal managed care plans licensed under this chapter.
(f)CA Health & Safety Code § 1367.667(f) For purposes of this section, the following definitions apply:
(1)CA Health & Safety Code § 1367.667(f)(1) “Biomarker” means a characteristic that is objectively measured and evaluated as an indicator of normal biological processes, pathogenic processes, or pharmacological responses to a specific therapeutic intervention. A biomarker includes, but is not limited to, gene mutations or protein expression.
(2)CA Health & Safety Code § 1367.667(f)(2) “Biomarker testing” means the analysis of an individual’s tissue, blood, or other biospecimen for the presence of a biomarker. Biomarker testing includes, but is not limited to, single-analyte tests, multiplex panel tests, and whole genome sequencing.
(g)CA Health & Safety Code § 1367.667(g) This section is subject to the provisions of Section 1367.665 as amended by Chapter 605 of the Statutes of 2021 for an enrollee with advanced or metastatic stage III or IV cancer.

Section § 1367.668

Explanation

This section mandates that any health care service plan contract, except specialized ones, must cover colorectal cancer screenings at no cost to the patient if the screening has an A or B rating from the United States Preventive Services Task Force. This includes any follow-up colonoscopy if the initial test suggests one is necessary. However, if the services are provided by out-of-network providers, the plan may require cost-sharing.

(a)CA Health & Safety Code § 1367.668(a) Every health care service plan contract, except a specialized health care service plan contract, that is issued, amended, or renewed on or after January 1, 2022, shall provide coverage without any cost sharing for a colorectal cancer screening test assigned either a grade of A or a grade of B by the United States Preventive Services Task Force. The required colonoscopy for a positive result on a test or procedure, other than a colonoscopy, that is a colorectal cancer screening examination or laboratory test identified assigned either a grade of A or a grade of B by the United States Preventive Services Task Force shall also be provided without any cost sharing.
(b)CA Health & Safety Code § 1367.668(b) This section does not preclude a health care service plan that has coverage for out-of-network benefits from imposing cost-sharing requirements for the items or services described in this section that are delivered by an out-of-network provider.

Section § 1367.695

Explanation

This law ensures that women in California can directly access obstetrical and gynecological services without needing a referral from another doctor. Health care plans must allow members to go directly to an OB/GYN or a family physician who provides these services. While health plans can set up rules about using these services, they cannot make them more restrictive than those for other primary care services. Plans can require OB/GYNs to communicate with a woman's primary care doctor about her care, but no prior approval is needed to access these services. This section also notes that it doesn't lessen the requirements outlined in another part of the law (Section 1367.69).

(a)CA Health & Safety Code § 1367.695(a)  The Legislature finds and declares that the unique, private, and personal relationship between women patients and their obstetricians and gynecologists warrants direct access to obstetrical and gynecological physician services.
(b)CA Health & Safety Code § 1367.695(b)  Each health care service plan contract issued, amended, renewed, or delivered in this state, except a specialized health care service plan, shall allow an enrollee the option to seek obstetrical and gynecological physician services directly from a participating obstetrician and gynecologist or directly from a participating family physician and surgeon designated by the plan as providing obstetrical and gynecological services.
(c)CA Health & Safety Code § 1367.695(c)  In implementing this section, a health care service plan may establish reasonable requirements governing utilization protocols and the use of obstetricians and gynecologists, or family physicians and surgeons, as provided for in subdivision (b), participating in the plan network, medical group, or independent practice association, if those requirements are consistent with the intent of this section, are customarily applied to other physicians and surgeons, such as primary care physicians and surgeons, to whom the enrollee has direct access, and are no more restrictive for the provision of obstetrical and gynecological physician services. An enrollee shall not be required to obtain prior approval from another physician, another provider, or the health care service plan prior to obtaining direct access to obstetrical and gynecological physician services, but the plan may establish reasonable requirements for the participating obstetrician and gynecologist or family physician and surgeon, as provided for in subdivision (b), to communicate with the enrollee’s primary care physician and surgeon regarding the enrollee’s condition, treatment, and any need for followup care.
(d)CA Health & Safety Code § 1367.695(d)  This section does not diminish the requirements of Section 1367.69.

Section § 1368

Explanation

This law requires health care plans to have a grievance system where members can submit complaints and receive responses. Plans must inform members annually about how to file grievances and provide forms for them. They must acknowledge grievances in writing within five days and provide details about the complaint process, unless resolved by the next business day. Grievances should be documented and reviewed regularly. Plans must give clear written responses to grievances, explaining reasons and, if relevant, medical necessity. During disputes about canceling or not renewing contracts, plans must continue coverage until a decision is made. If unsatisfied with a plan's grievance process, enrollees can bring their case to the department, which will review and possibly penalize the plan for mishandling complaints. The department also oversees cases where health services are delayed or denied and ensures necessary care is provided or reimbursed. Plans must keep a record of unresolved grievances older than 30 days and report them quarterly to the director. Enrollees can choose mediation before escalating the issue to the department. The law ensures rights to independent review in plan cancellation cases as required by federal law.

(a)CA Health & Safety Code § 1368(a) Every plan shall do all of the following:
(1)CA Health & Safety Code § 1368(a)(1) Establish and maintain a grievance system approved by the department under which enrollees may submit their grievances to the plan. Each system shall provide reasonable procedures in accordance with department regulations that shall ensure adequate consideration of enrollee grievances and rectification when appropriate.
(2)CA Health & Safety Code § 1368(a)(2) Inform its subscribers and enrollees upon enrollment in the plan and annually thereafter of the procedure for processing and resolving grievances. The information shall include the location and telephone number where grievances may be submitted.
(3)CA Health & Safety Code § 1368(a)(3) Provide forms for grievances to be given to subscribers and enrollees who wish to register written grievances. The forms used by plans licensed pursuant to Section 1353 shall be approved by the director in advance as to format.
(4)Copy CA Health & Safety Code § 1368(a)(4)
(A)Copy CA Health & Safety Code § 1368(a)(4)(A) Provide for a written acknowledgment within five calendar days of the receipt of a grievance, except as noted in subparagraph (B). The acknowledgment shall advise the complainant of the following:
(i)CA Health & Safety Code § 1368(a)(4)(A)(i) That the grievance has been received.
(ii)CA Health & Safety Code § 1368(a)(4)(A)(ii) The date of receipt.
(iii)CA Health & Safety Code § 1368(a)(4)(A)(iii) The name of the plan representative and the telephone number and address of the plan representative who may be contacted about the grievance.
(B)Copy CA Health & Safety Code § 1368(a)(4)(A)(B)
(i)Copy CA Health & Safety Code § 1368(a)(4)(A)(B)(i) Grievances received by telephone, by facsimile, by email, or online through the plan’s internet website pursuant to Section 1368.015, that are not coverage disputes, disputed health care services involving medical necessity, or experimental or investigational treatment and that are resolved by the next business day following receipt are exempt from the requirements of subparagraph (A) and paragraph (5). The plan shall maintain a log of all these grievances. The log shall be periodically reviewed by the plan and shall include the following information for each complaint:
(I)CA Health & Safety Code § 1368(a)(4)(A)(B)(i)(I) The date of the call.
(II) The name of the complainant.
(III) The complainant’s member identification number.
(IV) The nature of the grievance.
(V)CA Health & Safety Code § 1368(a)(4)(A)(B)(i)(V) The nature of the resolution.
(VI) The name of the plan representative who took the call and resolved the grievance.
(ii)CA Health & Safety Code § 1368(a)(4)(A)(B)(i)(ii) For health plan contracts in the individual, small group, or large group markets, a health care service plan’s response to grievances subject to Section 1367.24 shall also comply with subdivision (c) of Section 156.122 of Title 45 of the Code of Federal Regulations. This paragraph shall not apply to Medi-Cal managed care health care service plan contracts or any entity that enters into a contract with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000), Chapter 8 (commencing with Section 14200), or Chapter 8.75 (commencing with Section 14591) of Part 3 of Division 9 of the Welfare and Institutions Code.
(5)CA Health & Safety Code § 1368(a)(5) Provide subscribers and enrollees with written responses to grievances, with a clear and concise explanation of the reasons for the plan’s response. For grievances involving the delay, denial, or modification of health care services, the plan response shall describe the criteria used and the clinical reasons for its decision, including all criteria and clinical reasons related to medical necessity. If a plan, or one of its contracting providers, issues a decision delaying, denying, or modifying health care services based in whole or in part on a finding that the proposed health care services are not a covered benefit under the contract that applies to the enrollee, the decision shall clearly specify the provisions in the contract that exclude that coverage.
(6)CA Health & Safety Code § 1368(a)(6) For grievances involving the cancellation, rescission, or nonrenewal of a health care service plan contract, the health care service plan shall continue to provide coverage to the enrollee or subscriber under the terms of the health care service plan contract until a final determination of the enrollee’s or subscriber’s request for review has been made by the health care service plan or the director pursuant to Section 1365 and this section. This paragraph shall not apply if the health care service plan cancels or fails to renew the enrollee’s or subscriber’s health care service plan contract for nonpayment of premiums pursuant to paragraph (1) of subdivision (a) of Section 1365.
(7)CA Health & Safety Code § 1368(a)(7) Keep in its files all copies of grievances, and the responses thereto, for a period of five years.
(b)Copy CA Health & Safety Code § 1368(b)
(1)Copy CA Health & Safety Code § 1368(b)(1) (A) After either completing the grievance process described in subdivision (a), or participating in the process for at least 30 days, a subscriber or enrollee may submit the grievance to the department for review. In any case determined by the department to be a case involving an imminent and serious threat to the health of the patient, including, but not limited to, severe pain, the potential loss of life, limb, or major bodily function, cancellations, rescissions, or the nonrenewal of a health care service plan contract, or in any other case where the department determines that an earlier review is warranted, a subscriber or enrollee shall not be required to complete the grievance process or to participate in the process for at least 30 days before submitting a grievance to the department for review.
(B)CA Health & Safety Code § 1368(b)(1)(B) A grievance may be submitted to the department for review and resolution prior to any arbitration.
(C)CA Health & Safety Code § 1368(b)(1)(C) Notwithstanding subparagraphs (A) and (B), the department may refer any grievance that does not pertain to compliance with this chapter to the State Department of Public Health, the California Department of Aging, the federal Health Care Financing Administration, or any other appropriate governmental entity for investigation and resolution.
(2)CA Health & Safety Code § 1368(b)(2) If the subscriber or enrollee is a minor, or is incompetent or incapacitated, the parent, guardian, conservator, relative, or other designee of the subscriber or enrollee, as appropriate, may submit the grievance to the department as the agent of the subscriber or enrollee. Further, a provider may join with, or otherwise assist, a subscriber or enrollee, or the agent, to submit the grievance to the department. In addition, following submission of the grievance to the department, the subscriber or enrollee, or the agent, may authorize the provider to assist, including advocating on behalf of the subscriber or enrollee. For purposes of this section, a “relative” includes the parent, stepparent, spouse, adult son or daughter, grandparent, brother, sister, uncle, or aunt of the subscriber or enrollee.
(3)CA Health & Safety Code § 1368(b)(3) The department shall review the written documents submitted with the subscriber’s or the enrollee’s request for review, or submitted by the agent on behalf of the subscriber or enrollee. The department may ask for additional information, and may hold an informal meeting with the involved parties, including providers who have joined in submitting the grievance or who are otherwise assisting or advocating on behalf of the subscriber or enrollee. If after reviewing the record, the department concludes that the grievance, in whole or in part, is eligible for review under the independent medical review system established pursuant to Article 5.55 (commencing with Section 1374.30), the department shall immediately notify the subscriber or enrollee, or agent, of that option and shall, if requested orally or in writing, assist the subscriber or enrollee in participating in the independent medical review system.
(4)CA Health & Safety Code § 1368(b)(4) If after reviewing the record of a grievance, the department concludes that a health care service eligible for coverage and payment under a health care service plan contract has been delayed, denied, or modified by a plan, or by one of its contracting providers, in whole or in part due to a determination that the service is not medically necessary, and that determination was not communicated to the enrollee in writing along with a notice of the enrollee’s potential right to participate in the independent medical review system, as required by this chapter, the director shall, by order, assess administrative penalties. A proceeding for the issuance of an order assessing administrative penalties shall be subject to appropriate notice of, and the opportunity for, a hearing with regard to the person affected in accordance with Section 1397. The administrative penalties shall not be deemed an exclusive remedy available to the director. These penalties shall be paid to the Managed Care Administrative Fines and Penalties Fund and shall be used for the purposes specified in Section 1341.45.
(5)CA Health & Safety Code § 1368(b)(5) The department shall send a written notice of the final disposition of the grievance, and the reasons therefor, to the subscriber or enrollee, the agent, to any provider that has joined with or is otherwise assisting the subscriber or enrollee, and to the plan, within 30 calendar days of receipt of the request for review unless the director, in the director’s discretion, determines that additional time is reasonably necessary to fully and fairly evaluate the relevant grievance. In any case not eligible for the independent medical review system established pursuant to Article 5.55 (commencing with Section 1374.30), the department’s written notice shall include, at a minimum, the following:
(A)CA Health & Safety Code § 1368(b)(5)(A) A summary of its findings and the reasons why the department found the plan to be, or not to be, in compliance with any applicable laws, regulations, or orders of the director.
(B)CA Health & Safety Code § 1368(b)(5)(B) A discussion of the department’s contact with any medical provider, or any other independent expert relied on by the department, along with a summary of the views and qualifications of that provider or expert.
(C)CA Health & Safety Code § 1368(b)(5)(C) If the enrollee’s grievance is sustained in whole or in part, information about any corrective action taken.
(6)CA Health & Safety Code § 1368(b)(6) In any department review of a grievance involving a disputed health care service, as defined in subdivision (b) of Section 1374.30, that is not eligible for the independent medical review system established pursuant to Article 5.55 (commencing with Section 1374.30), in which the department finds that the plan has delayed, denied, or modified health care services that are medically necessary, based on the specific medical circumstances of the enrollee, and those services are a covered benefit under the terms and conditions of the health care service plan contract, the department’s written notice shall do either of the following:
(A)CA Health & Safety Code § 1368(b)(6)(A) Order the plan to promptly offer and provide those health care services to the enrollee.
(B)CA Health & Safety Code § 1368(b)(6)(B) Order the plan to promptly reimburse the enrollee for any reasonable costs associated with urgent care or emergency services, or other extraordinary and compelling health care services, when the department finds that the enrollee’s decision to secure those services outside of the plan network was reasonable under the circumstances.
The department’s order shall be binding on the plan.
(7)CA Health & Safety Code § 1368(7) Distribution of the written notice shall not be deemed a waiver of any exemption or privilege under existing law, including, but not limited to, Section 7921.505 of the Government Code, for any information in connection with and including the written notice, nor shall any person employed or in any way retained by the department be required to testify as to that information or notice.
(8)CA Health & Safety Code § 1368(8) The director shall establish and maintain a system of aging of grievances that are pending and unresolved for 30 days or more that shall include a brief explanation of the reasons each grievance is pending and unresolved for 30 days or more.
(9)CA Health & Safety Code § 1368(9) A subscriber or enrollee, or the agent acting on behalf of a subscriber or enrollee, may also request voluntary mediation with the plan prior to exercising the right to submit a grievance to the department. The use of mediation services shall not preclude the right to submit a grievance to the department upon completion of mediation. In order to initiate mediation, the subscriber or enrollee, or the agent acting on behalf of the subscriber or enrollee, and the plan shall voluntarily agree to mediation. Expenses for mediation shall be borne equally by both sides. The department shall have no administrative or enforcement responsibilities in connection with the voluntary mediation process authorized by this paragraph.
(c)CA Health & Safety Code § 1368(c) The plan’s grievance system shall include a system of aging of grievances that are pending and unresolved for 30 days or more. The plan shall provide a quarterly report to the director of grievances pending and unresolved for 30 or more days with separate categories of grievances for Medicare enrollees and Medi-Cal enrollees. The plan shall include with the report a brief explanation of the reasons each grievance is pending and unresolved for 30 days or more. The plan may include the following statement in the quarterly report that is made available to the public by the director:
“Under Medicare and Medi-Cal law, Medicare enrollees and Medi-Cal enrollees each have separate avenues of appeal that are not available to other enrollees. Therefore, grievances pending and unresolved may reflect enrollees pursuing their Medicare or Medi-Cal appeal rights.”
If requested by a plan, the director shall include this statement in a written report made available to the public and prepared by the director that describes or compares grievances that are pending and unresolved with the plan for 30 days or more. Additionally, the director shall, if requested by a plan, append to that written report a brief explanation, provided in writing by the plan, of the reasons why grievances described in that written report are pending and unresolved for 30 days or more. The director shall not be required to include a statement or append a brief explanation to a written report that the director is required to prepare under this chapter, including Sections 1380 and 1397.5.
(d)CA Health & Safety Code § 1368(d) Subject to subparagraph (C) of paragraph (1) of subdivision (b), the grievance or resolution procedures authorized by this section shall be in addition to any other procedures that may be available to any person, and failure to pursue, exhaust, or engage in the procedures described in this section shall not preclude the use of any other remedy provided by law.
(e)CA Health & Safety Code § 1368(e) Nothing in this section shall be construed to allow the submission to the department of any provider grievance under this section. However, as part of a provider’s duty to advocate for medically appropriate health care for the provider’s patients pursuant to Sections 510 and 2056 of the Business and Professions Code, nothing in this subdivision shall be construed to prohibit a provider from contacting and informing the department about any concerns the provider has regarding compliance with or enforcement of this chapter.
(f)CA Health & Safety Code § 1368(f) To the extent required by Section 2719 of the federal Public Health Service Act (42 U.S.C. Sec. 300gg-19) and any subsequent rules or regulations, there shall be an independent external review pursuant to the standards required by the United States Secretary of Health and Human Services of a health care service plan’s cancellation, rescission, or nonrenewal of an enrollee’s or subscriber’s coverage.

Section § 1368.01

Explanation

This law section outlines the requirements for a health plan's grievance system. Generally, grievances should be resolved within 30 days. However, for urgent cases that pose an immediate and serious threat to a patient’s health, such as severe pain or potential loss of life, the resolution must be expedited. Enrollees and subscribers must be informed of their right to notify the department about such grievances and receive a statement on the status of their grievance within three days. The section also mentions specific regulations for health plans that cover outpatient prescription drugs, excluding certain Medi-Cal managed care contracts.

(a)CA Health & Safety Code § 1368.01(a)  The grievance system shall require the plan to resolve grievances within 30 days, except as provided in subdivision (c).
(b)CA Health & Safety Code § 1368.01(b)  The grievance system shall include a requirement for expedited plan review of grievances for cases involving an imminent and serious threat to the health of the patient, including, but not limited to, severe pain, potential loss of life, limb, or major bodily function. When the plan has notice of a case requiring expedited review, the grievance system shall require the plan to immediately inform enrollees and subscribers in writing of their right to notify the department of the grievance. The grievance system shall also require the plan to provide enrollees, subscribers, and the department with a written statement on the disposition or pending status of the grievance no later than three days from receipt of the grievance, except as provided in subdivision (c). Paragraph (4) of subdivision (a) of Section 1368 shall not apply to grievances handled pursuant to this section.
(c)CA Health & Safety Code § 1368.01(c) A health care service plan contract in the individual, small group, or large group markets that provides coverage for outpatient prescription drugs shall comply with subdivision (c) of Section 156.122 of Title 45 of the Code of Federal Regulations. This subdivision shall not apply to Medi-Cal managed care health care service plan contracts or any entity that enters into a contract with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000), Chapter 8 (commencing with Section 14200), or Chapter 8.75 (commencing with Section 14591) of Part 3 of Division 9 of the Welfare and Institutions Code.

Section § 1368.1

Explanation

This section of the Health and Safety Code covers what a health plan must do if it denies coverage to a terminally ill enrollee for treatments considered experimental. First, the plan has to provide the reasons for denial, suggest alternatives that are covered, and offer grievance procedures for the enrollee within five business days. If the enrollee files a complaint requesting a conference, the plan must arrange this within 30 days, and even sooner if medical urgency is determined. This conference lets the enrollee discuss the denial with someone from the plan who can make decisions. The law also does not change any other existing rights or responsibilities under related health sections.

(a)CA Health & Safety Code § 1368.1(a)  A plan that denies coverage to an enrollee with a terminal illness, which for the purposes of this section refers to an incurable or irreversible condition that has a high probability of causing death within one year or less, for treatment, services, or supplies deemed experimental, as recommended by a participating plan provider, shall provide to the enrollee within five business days all of the following information:
(1)CA Health & Safety Code § 1368.1(a)(1)  A statement setting forth the specific medical and scientific reasons for denying coverage.
(2)CA Health & Safety Code § 1368.1(a)(2)  A description of alternative treatment, services, or supplies covered by the plan, if any. Compliance with this subdivision by a plan shall not be construed to mean that the plan is engaging in the unlawful practice of medicine.
(3)CA Health & Safety Code § 1368.1(a)(3)  Copies of the plan’s grievance procedures or complaint form, or both. The complaint form shall provide an opportunity for the enrollee to request a conference as part of the plan’s grievance system provided under Section 1368.
(b)CA Health & Safety Code § 1368.1(b)  Upon receiving a complaint form requesting a conference pursuant to paragraph (3) of subdivision (a), the plan shall provide the enrollee, within 30 calendar days, an opportunity to attend a conference, to review the information provided to the enrollee pursuant to paragraphs (1) and (2) of subdivision (a), conducted by a plan representative having authority to determine the disposition of the complaint. The plan shall allow attendance, in person, at the conference, by an enrollee, a designee of the enrollee, or both, or, if the enrollee is a minor or incompetent, the parent, guardian, or conservator of the enrollee, as appropriate. However, the conference required by this subdivision shall be held within five business days if the treating participating physician determines, after consultation with the health plan medical director or his or her designee, based on standard medical practice, that the effectiveness of either the proposed treatment, services, or supplies or any alternative treatment, services, or supplies covered by the plan, would be materially reduced if not provided at the earliest possible date.
(c)CA Health & Safety Code § 1368.1(c)  Nothing in this section shall limit the responsibilities, rights, or authority provided in Sections 1370 and 1370.1.

Section § 1368.02

Explanation

This law requires the director to set up a toll-free number to receive complaints about health care service plans. It mandates that every health care service plan must include specific contact information on documents like contracts, coverage evidence, grievance procedures, and complaint forms. This information includes the toll-free number, TDD line, the plan's number, and their website in bold type. It informs enrollees that they can contact the department if their grievance isn't resolved or in emergency cases, and they may qualify for an Independent Medical Review (IMR) for unbiased evaluations on certain medical decisions.

(a)CA Health & Safety Code § 1368.02(a) The director shall establish and maintain a toll-free telephone number for the purpose of receiving complaints regarding health care service plans regulated by the director.
(b)CA Health & Safety Code § 1368.02(b) Every health care service plan shall publish the department’s toll-free telephone number, the department’s TDD line for the hearing and speech impaired, the plan’s telephone number, and the department’s internet website address, on every plan contract, on every evidence of coverage, on copies of plan grievance procedures, on plan complaint forms, and on all written notices to enrollees required under the grievance process of the plan, including any written communications to an enrollee that offer the enrollee the opportunity to participate in the grievance process of the plan and on all written responses to grievances. The department’s telephone number, the department’s TDD line, the plan’s telephone number, and the department’s internet website address shall be displayed by the plan in each of these documents in 12-point boldface type in the following regular type statement:
“The California Department of Managed Health Care is responsible for regulating health care service plans. If you have a grievance against your health plan, you should first telephone your health plan at (insert health plan’s telephone number) and use your health plan’s grievance process before contacting the department. Utilizing this grievance procedure does not prohibit any potential legal rights or remedies that may be available to you. If you need help with a grievance involving an emergency, a grievance that has not been satisfactorily resolved by your health plan, or a grievance that has remained unresolved for more than 30 days, you may call the department for assistance. You may also be eligible for an Independent Medical Review (IMR). If you are eligible for IMR, the IMR process will provide an impartial review of medical decisions made by a health plan related to the medical necessity of a proposed service or treatment, coverage decisions for treatments that are experimental or investigational in nature and payment disputes for emergency or urgent medical services. The department also has a toll-free telephone number (1-888-466-2219) and a TDD line (1-877-688-9891) for the hearing and speech impaired. The department’s internet website www.dmhc.ca.gov has complaint forms, IMR application forms and instructions online.”

Section § 1368.2

Explanation

If you have a group health care plan in California (not a specialized one), it must cover hospice care if issued after January 1, 2002. The hospice care must at least match what Medicare offers. You can still get normal health care while you receive certain early hospice services, before fully opting into hospice care.

California's definitions and regulations about hospice care refer to federal definitions but adapt these to suit state needs, ensuring the best coverage for people. These rules don't apply if you're using the Medicare program for hospice care.

(a)CA Health & Safety Code § 1368.2(a) On and after January 1, 2002, every group health care service plan contract, except a specialized health care service plan contract, which is issued, amended, or renewed, shall include a provision for hospice care.
(b)CA Health & Safety Code § 1368.2(b) The hospice care shall at a minimum be equivalent to hospice care provided by the federal Medicare program pursuant to Title XVIII of the Social Security Act.
(c)CA Health & Safety Code § 1368.2(c) The hospice care provided under this section is not required to include preliminary services set forth in subdivision (d) of Section 1749. However, an enrollee who receives those preliminary services shall remain eligible for coverage of curative treatment by a health care service plan during the course of preliminary services and prior to the election of hospice services.
(d)CA Health & Safety Code § 1368.2(d) The following are applicable to this section and to paragraph (7) of subdivision (b) of Section 1345:
(1)CA Health & Safety Code § 1368.2(d)(1) The definitions in Section 1746, except for subdivisions (o) and (p) of that section.
(2)CA Health & Safety Code § 1368.2(d)(2) The “federal regulations” which means the regulations adopted for hospice care under Title XVIII of the Social Security Act in Title 42 of the Code of Federal Regulations, Chapter IV, Part 418, except Subparts A, B, G, and H, and any amendments or successor provisions thereto.
(e)CA Health & Safety Code § 1368.2(e) The director no later than January 1, 2001, shall adopt regulations to implement this section. The regulations shall meet all of the following requirements:
(1)CA Health & Safety Code § 1368.2(e)(1) Be consistent with all material elements of the federal regulations that are not by their terms applicable only to eligible Medicare beneficiaries. If there is a conflict between a federal regulation and any state regulation, other than those adopted pursuant to this section, the director shall adopt the regulation that is most favorable for plan subscribers, members or enrollees to receive hospice care.
(2)CA Health & Safety Code § 1368.2(e)(2) Be consistent with any other applicable federal or state laws.
(3)CA Health & Safety Code § 1368.2(e)(3) Be consistent with the definitions of Section 1746, except for subdivisions (o) and (p) of that section.
(f)CA Health & Safety Code § 1368.2(f) This section is not applicable to the subscribers, members, or enrollees of a health care service plan who elect to receive hospice care under the Medicare program.

Section § 1368.03

Explanation

This California law explains the process for filing grievances with a healthcare plan. Generally, if you have a problem, you may need to go through the plan's grievance process for up to 30 days before taking your complaint to the Department of Managed Health Care or using the independent medical review system. However, if your situation needs urgent attention, the department can skip this waiting period. If the complaint doesn't relate to compliance issues, it might be sent to another government agency for investigation.

This section became effective in 2001, but only if a specific bill, Assembly Bill 55, was passed.

(a)CA Health & Safety Code § 1368.03(a) The department may require enrollees and subscribers to participate in a plan’s grievance process for up to 30 days before pursuing a grievance through the department or the independent medical review system. However, the department may not impose this waiting period for expedited review cases covered by subdivision (b) of Section 1368.01 or in any other case where the department determines that an earlier review is warranted.
(b)CA Health & Safety Code § 1368.03(b) Notwithstanding subdivision (a), the department may refer any grievance issue that does not pertain to compliance with this chapter to the State Department of Health Services, the California Department of Aging, the federal Health Care Financing Administration, or any other appropriate governmental entity for investigation and resolution.
(c)CA Health & Safety Code § 1368.03(c) This section shall become operative on January 1, 2001, and then only if Assembly Bill 55 of the 1999–2000 Regular Session is enacted.

Section § 1368.04

Explanation

This law allows the director to investigate health care service plans if they don’t follow the rules about handling complaints. If a plan fails and causes significant harm to a member, the director can impose fines after giving notice and a chance for a hearing. These fines go into a special fund and are in addition to any other actions the director might take.

If a health care plan repeatedly fails to address complaints properly, knowing it's their responsibility, the director can penalize them. These penalties are not the only option for enforcing the rules, and they can be used alongside other legal actions. Any fines collected are used for specified purposes to improve the system.

(a)CA Health & Safety Code § 1368.04(a) The director shall investigate and take enforcement action against plans regarding grievances reviewed and found by the department to involve noncompliance with the requirements of this chapter, including grievances that have been reviewed pursuant to the independent medical review system established pursuant to Article 5.55 (commencing with Section 1374.30). Where substantial harm to an enrollee has occurred as a result of plan noncompliance, the director shall, by order, assess administrative penalties subject to appropriate notice of, and the opportunity for, a hearing with regard to the person affected in accordance with Section 1397. The administrative penalties shall not be deemed an exclusive remedy available to the director. These penalties shall be paid to the Managed Care Administrative Fines and Penalties Fund and shall be used for the purposes specified in Section 1341.45. The director shall periodically evaluate grievances to determine if any audit, investigative, or enforcement actions should be undertaken by the department.
(b)CA Health & Safety Code § 1368.04(b) The director may, after appropriate notice and opportunity for hearing in accordance with Section 1397, by order, assess administrative penalties if the director determines that a health care service plan has knowingly committed, or has performed with a frequency that indicates a general business practice, either of the following:
(1)CA Health & Safety Code § 1368.04(b)(1) Repeated failure to act promptly and reasonably to investigate and resolve grievances in accordance with Section 1368.01.
(2)CA Health & Safety Code § 1368.04(b)(2) Repeated failure to act promptly and reasonably to resolve grievances when the obligation of the plan to the enrollee or subscriber is reasonably clear.
(c)CA Health & Safety Code § 1368.04(c) The administrative penalties available to the director pursuant to this section are not exclusive, and may be sought and employed in any combination with civil, criminal, and other administrative remedies deemed warranted by the director to enforce this chapter.
(d)CA Health & Safety Code § 1368.04(d) The administrative penalties authorized pursuant to this section shall be paid to the Managed Care Administrative Fines and Penalties Fund and shall be used for the purposes specified in Section 1341.45.

Section § 1368.05

Explanation

This section establishes that due to health care reform in 2010, California has decided to transfer consumer assistance activities to the Department of Managed Health Care. The Department, alongside contracted community organizations, will help Californians navigate health care coverage, handle complaints, and educate consumers.

These community organizations must be non-profits experienced in aiding health care consumers, particularly those with special needs like limited English skills. Additionally, these organizations need expertise in collecting and reporting data about the consumers they assist.

(a)Copy CA Health & Safety Code § 1368.05(a)
(1)Copy CA Health & Safety Code § 1368.05(a)(1) By enacting this section, which was originally enacted by Assembly Bill 922 (Chapter 552 of the Statutes of 2011), the Legislature recognizes that, because of the enactment of federal health care reform on March 23, 2010, and the implementation of various provisions by January 1, 2014, and the ongoing complexities of health care reform, it is appropriate to transfer the direct consumer assistance activities to the Department of Managed Health Care, and the Legislature recognizes that these new duties are necessary to be carried out by the department in partnership with community-based consumer assistance organizations for the purposes of serving California’s health care consumers.
(2)CA Health & Safety Code § 1368.05(a)(2) In addition to maintaining the toll-free telephone number for the purpose of receiving complaints regarding health care service plans as required in Section 1368.02, the department and its contractors shall carry out these new responsibilities, which include assisting consumers in navigating private and public health care coverage and assisting consumers in determining the regulator that regulates the health care coverage of a particular consumer. In order to further assist in implementing health care reform, the department and its contractors shall also receive and respond to inquiries, complaints, and requests for assistance and education concerning health care coverage available in California.
(b)Copy CA Health & Safety Code § 1368.05(b)
(1)Copy CA Health & Safety Code § 1368.05(b)(1) The department shall annually contract with community-based organizations in furtherance of providing assistance to consumers as described in subdivision (a), as authorized by and in accordance with Section 19130 of the Government Code.
(2)CA Health & Safety Code § 1368.05(b)(2) These organizations shall be community-based nonprofit consumer assistance programs that shall include in their mission the assistance of, and duty to, health care consumers.
(3)CA Health & Safety Code § 1368.05(b)(3) Contracting consumer assistance organizations shall have experience in assisting consumers in navigating the local health care system, advising consumers regarding their health care coverage options, assisting consumers with problems in accessing health care services, and serving consumers with special needs, including, but not limited to, consumers with limited-English language proficiency, consumers requiring culturally competent services, low-income consumers, consumers with disabilities, consumers with low literacy rates, and consumers with multiple health conditions, including behavioral health. The organizations shall also have experience with, and the capacity for, collecting and reporting data regarding the consumers they assist, including demographic data, source of coverage, regulator, type of problem or issue, and resolution of complaints.

Section § 1368.5

Explanation

This law mandates that health care plans must cover and reimburse services performed by pharmacists if they are within the pharmacist's licensed skills at in-network pharmacies, or at out-of-network pharmacies if that's part of the plan. However, this only applies if the pharmacist's services are legally allowed and comparable services by other health care providers are covered. The law also prevents duplicate payments for the same service and does not affect payments to physicians.

(a)CA Health & Safety Code § 1368.5(a)  Every health care service plan that offers coverage for a service that is within the scope of practice of a duly licensed pharmacist shall pay or reimburse the cost of the service performed by a pharmacist at an in-network pharmacy or a pharmacist at an out-of-network pharmacy if the health care service plan has an out-of-network pharmacy benefit.
(b)CA Health & Safety Code § 1368.5(b)  Payment or reimbursement may be made pursuant to this section for a service performed by a duly licensed pharmacist only when all of the following conditions are met:
(1)CA Health & Safety Code § 1368.5(b)(1)  The service performed is within the lawful scope of practice of the pharmacist.
(2)CA Health & Safety Code § 1368.5(b)(2)  The coverage otherwise provides reimbursement for identical services performed by other licensed health care providers.
(c)CA Health & Safety Code § 1368.5(c)  Nothing in this section shall require the plan to pay a claim to more than one provider for duplicate service or be interpreted to limit physician reimbursement.

Section § 1368.7

Explanation

This law ensures that if you are part of a health care plan in California and you're affected by a state of emergency or health emergency, the plan must provide access to necessary medical care. When such an emergency is declared, your health plan must quickly report on any disruption in services and how they are addressing your health needs. This includes more flexible rules on medical service approvals, prescription refills, and access to providers, even outside your network if necessary. You can also expect a toll-free number for answers to emergency-related questions.

Additionally, the law emphasizes that the Governor's and director's powers remain intact and the director can provide guidance for health plans on complying with this law during emergencies. This guidance is not constrained by typical bureaucratic procedures.

(a)CA Health & Safety Code § 1368.7(a) A health care service plan shall provide an enrollee who has been displaced or whose health may otherwise be affected by a state of emergency, as declared by the Governor pursuant to Section 8625 of the Government Code, or a health emergency, as declared by the State Public Health Officer pursuant to Section 101080, access to medically necessary health care services.
(b)CA Health & Safety Code § 1368.7(b) Within 48 hours of a declaration by the Governor of a state of emergency or a declaration by the State Public Health Officer of a health emergency that displaces, or has the immediate potential to displace, enrollees or health care providers, or that otherwise affects, or may affect, health care providers or the health of enrollees, a health care service plan operating in the county or counties included in the declaration shall file with the department a notification describing whether the plan has experienced or expects to experience any disruption to the operation of the plan, explaining how the plan is communicating with potentially impacted enrollees, and summarizing the actions the plan has taken or is in the process of taking to ensure that the health care needs of enrollees are met. The department may require the plan to take actions, including, but not limited to, the following:
(1)CA Health & Safety Code § 1368.7(b)(1) Shorten time limits for health care service plans to approve prior authorization, precertification, or referrals, and extend the time that prior authorizations, precertifications, and referrals remain valid.
(2)CA Health & Safety Code § 1368.7(b)(2) Extend filing deadlines for claims.
(3)CA Health & Safety Code § 1368.7(b)(3) Suspend prescription refill limitations and allow an impacted enrollee to refill their prescriptions at an out-of-network pharmacy.
(4)CA Health & Safety Code § 1368.7(b)(4) Authorize an enrollee to replace medical equipment or supplies.
(5)CA Health & Safety Code § 1368.7(b)(5) Allow an enrollee to access an appropriate out-of-network provider if an in-network provider is unavailable due to the state of emergency or if the enrollee is out of the area due to displacement.
(6)CA Health & Safety Code § 1368.7(b)(6) Have a toll-free telephone number that an affected enrollee may call for answers to questions, including questions about the loss of health insurance identification cards, access to prescription refills, or how to access health care.
(c)CA Health & Safety Code § 1368.7(c) This section shall not be construed to limit the Governor’s authority under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code), or the director’s authority under any provision of this chapter.
(d)CA Health & Safety Code § 1368.7(d) The director may issue guidance in the form of all-plan letters to health care service plans regarding compliance with this section during the first three years following the declaration of emergency, or until the emergency is terminated, whichever occurs first. This guidance shall not be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

Section § 1368.015

Explanation

This law, effective from July 1, 2003, requires health plans with websites to provide an easy way for subscribers to file grievances online. The websites must have a clear "GRIEVANCE FORM" link, and process submissions securely.

The online grievance system needs approval from the Department of Managed Health Care and must let users enter and edit information easily. It must also contain a link to the department's website with a statement explaining where subscribers can get help with grievances.

There are exceptions for certain plans and temporary exemptions for plans lacking necessary technology until January 1, 2006. The law also details terms related to the web tools used, such as HTML and hyperlinks.

Plans offering mental health services need to provide specific information online unless they contract out these services, in which case a link suffices.

(a)CA Health & Safety Code § 1368.015(a) Effective July 1, 2003, every plan with an internet website shall provide an online form through its internet website that subscribers or enrollees can use to file with the plan a grievance, as described in Section 1368, online.
(b)CA Health & Safety Code § 1368.015(b) The internet website shall have an easily accessible online grievance submission procedure that shall be accessible through a hyperlink on the internet website’s home page or member services portal clearly identified as “GRIEVANCE FORM.” All information submitted through this process shall be processed through a secure server.
(c)CA Health & Safety Code § 1368.015(c) The online grievance submission process shall be approved by the Department of Managed Health Care and shall meet the following requirements:
(1)CA Health & Safety Code § 1368.015(c)(1) It shall utilize an online grievance form in HTML format that allows the user to enter required information directly into the form.
(2)CA Health & Safety Code § 1368.015(c)(2) It shall allow the subscriber or enrollee to preview the grievance that will be submitted, including the opportunity to edit the form prior to submittal.
(3)CA Health & Safety Code § 1368.015(c)(3) It shall include a current hyperlink to the Department of Managed Health Care internet website, and shall include a statement in a legible font that is clearly distinguishable from other content on the page and is in a legible size and type, containing the following language:
“The California Department of Managed Health Care is responsible for regulating health care service plans. If you have a grievance against your health plan, you should first telephone your health plan at (insert health plan’s telephone number) and use your health plan’s grievance process before contacting the department. Utilizing this grievance procedure does not prohibit any potential legal rights or remedies that may be available to you. If you need help with a grievance involving an emergency, a grievance that has not been satisfactorily resolved by your health plan, or a grievance that has remained unresolved for more than 30 days, you may call the department for assistance. You may also be eligible for an Independent Medical Review (IMR). If you are eligible for IMR, the IMR process will provide an impartial review of medical decisions made by a health plan related to the medical necessity of a proposed service or treatment, coverage decisions for treatments that are experimental or investigational in nature and payment disputes for emergency or urgent medical services. The department also has a toll-free telephone number (1-888-466-2219) and a TDD line (1-877-688-9891) for the hearing and speech impaired. The department’s internet website www.dmhc.ca.gov has complaint forms, IMR application forms, and instructions online.”
The plan shall update the URL, hyperlink, and telephone numbers in this statement as necessary.
(d)CA Health & Safety Code § 1368.015(d) A plan that utilizes a hardware system that does not have the minimum system requirements to support the software necessary to meet the requirements of this section is exempt from these requirements until January 1, 2006.
(e)CA Health & Safety Code § 1368.015(e) For purposes of this section, the following terms shall have the following meanings:
(1)CA Health & Safety Code § 1368.015(e)(1) “Home page” means the first page or welcome page of an internet website that serves as a starting point for navigation of the internet website.
(2)CA Health & Safety Code § 1368.015(e)(2) “HTML” means Hypertext Markup Language, the authoring language used to create documents on the world wide web, which defines the structure and layout of a web document.
(3)CA Health & Safety Code § 1368.015(e)(3) “Hyperlink” means a special HTML code that allows text or graphics to serve as a link that, when clicked on, takes a user to another place in the same document, to another document, or to another internet website or page.
(4)CA Health & Safety Code § 1368.015(e)(4) “Member services portal” means the first page or welcome page of an internet website that can be reached directly by the internet website’s home page and that serves as a starting point for a navigation of member services available on the internet website.
(5)CA Health & Safety Code § 1368.015(e)(5) “Secure server” means an internet connection to an internet website that encrypts and decrypts transmissions, protecting them against third-party tampering and allowing for the secure transfer of data.
(6)CA Health & Safety Code § 1368.015(e)(6) “URL” or “Uniform Resource Locator” means the address of an internet website or the location of a resource on the world wide web that allows a browser to locate and retrieve the internet website or the resource.
(7)CA Health & Safety Code § 1368.015(e)(7) “Internet website” means a site or location on the world wide web.
(f)Copy CA Health & Safety Code § 1368.015(f)
(1)Copy CA Health & Safety Code § 1368.015(f)(1) Every health care service plan, except a plan that primarily serves Medi-Cal or Healthy Families Program enrollees, shall maintain an internet website. For a health care service plan that provides coverage for professional mental health services, the internet website shall include, but not be limited to, providing information to subscribers, enrollees, and providers that will assist subscribers and enrollees in accessing mental health services as well as the information described in Section 1368.016.
(2)CA Health & Safety Code § 1368.015(f)(2) The provision in paragraph (1) that requires compliance with Section 1368.016 shall not apply to a health care service plan that contracts with a specialized health care service plan, insurer, or other entity to cover professional mental health services for its enrollees, provided that the health care service plan provides a link on its internet website to an internet website operated by the specialized health care service plan, insurer, or other entity with which it contracts, and that plan, insurer, or other entity complies with Section 1368.016.

Section § 1368.016

Explanation

Health care service plans covering mental health services in California need to have certain information available on their websites or provide a link to it. This includes a contact number for mental health benefit support, a link to prescription drug lists, and summaries of how they review and authorize services. They must also offer details about how enrollees can file grievances, request continuity of care, and seek independent medical reviews. This information should be updated quarterly and made available in hard copy if requested, and may be accessed through a secure site for enrollees. The law doesn’t apply to certain insurance types like Medicare supplements and worker assistance programs. If a plan contracts out mental health services, it can link to the contracted entity’s site for compliance.

(a)CA Health & Safety Code § 1368.016(a) A health care service plan that provides coverage for professional mental health services, including a specialized health care service plan that provides coverage for professional mental health services, shall, pursuant to subdivision (f) of Section 1368.015, include on its Internet Web site, or provide a link to, the following information:
(1)CA Health & Safety Code § 1368.016(a)(1) A telephone number that the enrollee or provider can call, during normal business hours, for assistance obtaining mental health benefits coverage information, including the extent to which benefits have been exhausted, in-network provider access information, and claims processing information.
(2)CA Health & Safety Code § 1368.016(a)(2) A link to prescription drug formularies posted pursuant to Section 1367.205, or instructions on how to obtain the formulary, as described in Section 1367.20.
(3)CA Health & Safety Code § 1368.016(a)(3) A detailed summary that describes the process by which the plan reviews and authorizes or approves, modifies, or denies requests for health care services as described in Sections 1363.5 and 1367.01.
(4)CA Health & Safety Code § 1368.016(a)(4) Lists of providers or instructions on how to obtain the provider list, as required by Section 1367.27.
(5)CA Health & Safety Code § 1368.016(a)(5) A detailed summary of the enrollee grievance process as described in Sections 1368 and 1368.015.
(6)CA Health & Safety Code § 1368.016(a)(6) A detailed description of how an enrollee may request continuity of care pursuant to subdivisions (a) and (b) of Section 1373.95.
(7)CA Health & Safety Code § 1368.016(a)(7) Information concerning the right, and applicable procedure, of an enrollee to request an independent medical review pursuant to Section 1374.30.
(b)CA Health & Safety Code § 1368.016(b) Any modified material described in subdivision (a) shall be updated at least quarterly.
(c)CA Health & Safety Code § 1368.016(c) The information described in subdivision (a) may be made available through a secured Internet Web site that is only accessible to enrollees.
(d)CA Health & Safety Code § 1368.016(d) The material described in subdivision (a) shall also be made available to enrollees in hard copy upon request.
(e)CA Health & Safety Code § 1368.016(e) This article does not preclude a health care service plan from including additional information on its Internet Web site for applicants, enrollees or subscribers, or providers, including, but not limited to, the cost of procedures or services by health care providers in a plan’s network.
(f)CA Health & Safety Code § 1368.016(f) The department shall include on the department’s Internet Web site a link to the Internet Web site of each health care service plan and specialized health care service plan described in subdivision (a).
(g)CA Health & Safety Code § 1368.016(g) This section shall not apply to Medicare supplement insurance, employee assistance programs, CHAMPUS supplement insurance, or TRI-CARE supplement insurance, or to hospital indemnity, accident-only, and specified disease insurance. This section shall also not apply to specialized health care service plans, except behavioral health-only plans.
(h)CA Health & Safety Code § 1368.016(h) This section shall not apply to a health care service plan that contracts with a specialized health care service plan, insurer, or other entity to cover professional mental health services for its enrollees, provided that the health care service plan provides a link on its Internet Web site to an Internet Web site operated by the specialized health care service plan, insurer, or other entity with which it contracts, and that plan, insurer, or other entity complies with this section or Section 10123.199 of the Insurance Code.

Section § 1368.017

Explanation

This law mandates that health care service plans must notify families about the perks of behavioral health screenings for kids and teenagers ages 8 to 18. They have to explain how these screenings can help detect mental health issues like depression and anxiety. Plans must send this notice every year. However, this requirement doesn't apply to certain Medi-Cal managed care plans.

(a)Copy CA Health & Safety Code § 1368.017(a)
(1)Copy CA Health & Safety Code § 1368.017(a)(1) A health care service plan shall provide to enrollees a written or electronic notice regarding the benefits of a behavioral health and wellness screening for children and adolescents 8 to 18 years of age.
(2)CA Health & Safety Code § 1368.017(a)(2) “Behavioral health and wellness screening” means a screening, test, or assessment to identify indicators or symptoms of behavioral health issues in an individual, including, but not limited to, depression or anxiety.
(b)CA Health & Safety Code § 1368.017(b) The notice shall provide information regarding the benefits of behavioral health and wellness screenings for both depression and anxiety.
(c)CA Health & Safety Code § 1368.017(c) A health care service plan shall provide notice pursuant to this section annually.
(d)CA Health & Safety Code § 1368.017(d) This section does not apply to Medi-Cal managed care that contracts with the State Department of Health Care Services entered into pursuant to Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code.

Section § 1369

Explanation

This law requires health plans to create ways for their subscribers and enrollees to have a say in setting the plan's public policies. These policies are actions taken by the plan's staff to ensure patient comfort, dignity, and convenience in their healthcare facilities.

Every plan shall establish procedures to permit subscribers and enrollees to participate in establishing the public policy of the plan. For purposes of this section, public policy means acts performed by a plan or its employees and staff to assure the comfort, dignity, and convenience of patients who rely on the plan’s facilities to provide health care services to them, their families, and the public.

Section § 1370

Explanation

This section requires health plans to have procedures for reviewing medical care quality, personnel performance, service use, and costs. People who participate in these reviews are protected from lawsuits as long as they act without intent to harm, seek out the facts, and believe their actions are justified. The details from these reviews are protected and cannot be shared or used in court. However, this protection does not apply if the person involved is a party to a lawsuit related to the review's content or in certain other specified cases, like when applying for hospital privileges or during actions against insurance companies. The section clarifies that health care plans themselves are not immune from lawsuits.

Every plan shall establish procedures in accordance with department regulations for continuously reviewing the quality of care, performance of medical personnel, utilization of services and facilities, and costs. Notwithstanding any other provision of law, there shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any person who participates in plan or provider quality of care or utilization reviews by peer review committees which are composed chiefly of physicians and surgeons or dentists, psychologists, or optometrists, or any of the above, for any act performed during the reviews if the person acts without malice, has made a reasonable effort to obtain the facts of the matter, and believes that the action taken is warranted by the facts, and neither the proceedings nor the records of the reviews shall be subject to discovery, nor shall any person in attendance at the reviews be required to testify as to what transpired thereat. Disclosure of the proceedings or records to the governing body of a plan or to any person or entity designated by the plan to review activities of the plan or provider committees shall not alter the status of the records or of the proceedings as privileged communications.
The above prohibition relating to discovery or testimony shall not apply to the statements made by any person in attendance at a review who is a party to an action or proceeding the subject matter of which was reviewed, or to any person requesting hospital staff privileges, or in any action against an insurance carrier alleging bad faith by the carrier in refusing to accept a settlement offer within the policy limits, or to the director in conducting surveys pursuant to Section 1380.
This section shall not be construed to confer immunity from liability on any health care service plan. In any case in which, but for the enactment of the preceding provisions of this section, a cause of action would arise against a health care service plan, the cause of action shall exist notwithstanding the provisions of this section.

Section § 1370.1

Explanation

This law allows health plans to use subcommittees for peer review activities and to delegate responsibilities to them. These subcommittees can include mostly non-physician health care providers. However, the health plan must control the delegated authority and can revoke it when needed. Participants in these subcommittees have the same legal protections as those participating in regular peer review committees.

Nothing in this article shall be construed to prevent a plan from utilizing subcommittees to participate in peer review activities, nor to prevent a plan from delegating the responsibilities required by Section 1370, as it determines to be appropriate, to subcommittees including subcommittees composed of a majority of nonphysician health care providers licensed pursuant to the Business and Professions Code, so long as the plan controls the scope of authority delegated and may revoke all or part of this authority at any time. Persons who participate in the subcommittees shall be entitled to the same immunity from monetary liability and actions for civil damages as persons who participate in plan or provider peer review committees pursuant to Section 1370.

Section § 1370.2

Explanation

This law states that if someone appeals a contested healthcare claim, the health plan must have a medical professional review the case. The reviewer, who could be a medical director or another qualified healthcare provider, must decide if they are capable of assessing the clinical issues in the claim. If they aren't, they must consult with someone who is qualified before making a decision. 'Qualified' means having the right education, training, and expertise to understand the specific health issues involved. This process is used for claims disputed due to questions about clinical issues or the necessity or type of treatment proposed or given. The plan also decides if a specialist should be involved in evaluating the claim.

Upon an appeal to the plan of a contested claim, the plan shall refer the claim to the medical director or other appropriately licensed health care provider. This health care provider or the medical director shall review the appeal and, if he or she determines that he or she is competent to evaluate the specific clinical issues presented in the claim, shall make a determination on the appealed claim. If the health care provider or medical director determines that he or she is not competent to evaluate the specific clinical issues of the appealed claim, prior to making a determination, he or she shall consult with an appropriately licensed health care provider who is competent to evaluate the specific clinical issues presented in the claim. For the purposes of this section, “competent to evaluate the specific clinical issues” means that the reviewer has education, training, and relevant expertise that is pertinent for evaluating the specific clinical issues that serve as the basis of the contested claim. The requirements of this section shall apply to claims that are contested on the basis of a clinical issue, the necessity for treatment, or the type of treatment proposed or utilized. The plan shall determine whether or not to use an appropriate specialist provider in the review of contested claims.

Section § 1370.4

Explanation

This law requires every health care service plan to offer an external, independent review process for patients seeking coverage for experimental or investigational therapies. This review is available if the patient's condition is life-threatening or seriously debilitating, and their physician certifies that standard treatments haven't worked, aren't suitable, or the recommended treatment would be better.

The process confirms whether the treatment should be covered, based on medical and scientific evidence. Enrollees denied such treatments can request a review, and if it's urgent, a quicker process is in place. The decision-makers rely on credible medical sources and peer-reviewed studies to make their recommendations.

(a)CA Health & Safety Code § 1370.4(a) Every health care service plan shall provide an external, independent review process to examine the plan’s coverage decisions regarding experimental or investigational therapies for individual enrollees who meet all of the following criteria:
(1)Copy CA Health & Safety Code § 1370.4(a)(1)
(A)Copy CA Health & Safety Code § 1370.4(a)(1)(A) The enrollee has a life-threatening or seriously debilitating condition.
(B)CA Health & Safety Code § 1370.4(a)(1)(A)(B) For purposes of this section, “life-threatening” means either or both of the following:
(i)CA Health & Safety Code § 1370.4(a)(1)(A)(B)(i) Diseases or conditions where the likelihood of death is high unless the course of the disease is interrupted.
(ii)CA Health & Safety Code § 1370.4(a)(1)(A)(B)(ii) Diseases or conditions with potentially fatal outcomes, where the end point of clinical intervention is survival.
(C)CA Health & Safety Code § 1370.4(a)(1)(A)(C) For purposes of this section, “seriously debilitating” means diseases or conditions that cause major irreversible morbidity.
(2)CA Health & Safety Code § 1370.4(a)(2) The enrollee’s physician certifies that the enrollee has a condition, as defined in paragraph (1), for which standard therapies have not been effective in improving the condition of the enrollee, for which standard therapies would not be medically appropriate for the enrollee, or for which there is no more beneficial standard therapy covered by the plan than the therapy proposed pursuant to paragraph (3).
(3)CA Health & Safety Code § 1370.4(a)(3) Either (A) the enrollee’s physician, who is under contract with or employed by the plan, has recommended a drug, device, procedure, or other therapy that the physician certifies in writing is likely to be more beneficial to the enrollee than any available standard therapies, or (B) the enrollee, or the enrollee’s physician who is a licensed, board-certified or board-eligible physician qualified to practice in the area of practice appropriate to treat the enrollee’s condition, has requested a therapy that, based on two documents from the medical and scientific evidence, as defined in subdivision (d), is likely to be more beneficial for the enrollee than any available standard therapy. The physician certification pursuant to this subdivision shall include a statement of the evidence relied upon by the physician in certifying his or her recommendation. Nothing in this subdivision shall be construed to require the plan to pay for the services of a nonparticipating physician provided pursuant to this subdivision, that are not otherwise covered pursuant to the plan contact.
(4)CA Health & Safety Code § 1370.4(a)(4) The enrollee has been denied coverage by the plan for a drug, device, procedure, or other therapy recommended or requested pursuant to paragraph (3).
(5)CA Health & Safety Code § 1370.4(a)(5) The specific drug, device, procedure, or other therapy recommended pursuant to paragraph (3) would be a covered service, except for the plan’s determination that the therapy is experimental or investigational.
(b)CA Health & Safety Code § 1370.4(b) The plan’s decision to delay, deny, or modify experimental or investigational therapies shall be subject to the independent medical review process under Article 5.55 (commencing with Section 1374.30) except that, in lieu of the information specified in subdivision (b) of Section 1374.33, an independent medical reviewer shall base his or her determination on relevant medical and scientific evidence, including, but not limited to, the medical and scientific evidence defined in subdivision (d).
(c)CA Health & Safety Code § 1370.4(c) The independent medical review process shall also meet the following criteria:
(1)CA Health & Safety Code § 1370.4(c)(1) The plan shall notify eligible enrollees in writing of the opportunity to request the external independent review within five business days of the decision to deny coverage.
(2)CA Health & Safety Code § 1370.4(c)(2) If the enrollee’s physician determines that the proposed therapy would be significantly less effective if not promptly initiated, the analyses and recommendations of the experts on the panel shall be rendered within seven days of the request for expedited review. At the request of the expert, the deadline shall be extended by up to three days for a delay in providing the documents required. The timeframes specified in this paragraph shall be in addition to any otherwise applicable timeframes contained in subdivision (c) of Section 1374.33.
(3)CA Health & Safety Code § 1370.4(c)(3) Each expert’s analysis and recommendation shall be in written form and state the reasons the requested therapy is or is not likely to be more beneficial for the enrollee than any available standard therapy, and the reasons that the expert recommends that the therapy should or should not be provided by the plan, citing the enrollee’s specific medical condition, the relevant documents provided, and the relevant medical and scientific evidence, including, but not limited to, the medical and scientific evidence as defined in subdivision (d), to support the expert’s recommendation.
(4)CA Health & Safety Code § 1370.4(c)(4) Coverage for the services required under this section shall be provided subject to the terms and conditions generally applicable to other benefits under the plan contract.
(d)CA Health & Safety Code § 1370.4(d) For the purposes of subdivision (b), “medical and scientific evidence” means the following sources:
(1)CA Health & Safety Code § 1370.4(d)(1) Peer-reviewed scientific studies published in or accepted for publication by medical journals that meet nationally recognized requirements for scientific manuscripts and that submit most of their published articles for review by experts who are not part of the editorial staff.
(2)CA Health & Safety Code § 1370.4(d)(2) Peer-reviewed literature, biomedical compendia, and other medical literature that meet the criteria of the National Institutes of Health’s National Library of Medicine for indexing in Index Medicus, Excerpta Medicus (EMBASE), Medline, and MEDLARS database of Health Services Technology Assessment Research (HSTAR).
(3)CA Health & Safety Code § 1370.4(d)(3) Medical journals recognized by the Secretary of Health and Human Services, under Section 1861(t)(2) of the Social Security Act.
(4)CA Health & Safety Code § 1370.4(d)(4) Either of the following reference compendia:
(A)CA Health & Safety Code § 1370.4(d)(4)(A) The American Hospital Formulary Service’s Drug Information.
(B)CA Health & Safety Code § 1370.4(d)(4)(B) The American Dental Association Accepted Dental Therapeutics.
(5)CA Health & Safety Code § 1370.4(d)(5) Any of the following reference compendia, if recognized by the federal Centers for Medicare and Medicaid Services as part of an anticancer chemotherapeutic regimen:
(A)CA Health & Safety Code § 1370.4(d)(5)(A) The Elsevier Gold Standard’s Clinical Pharmacology.
(B)CA Health & Safety Code § 1370.4(d)(5)(B) The National Comprehensive Cancer Network Drug and Biologics Compendium.
(C)CA Health & Safety Code § 1370.4(d)(5)(C) The Thomson Micromedex DrugDex.
(6)CA Health & Safety Code § 1370.4(d)(6) Findings, studies, or research conducted by or under the auspices of federal government agencies and nationally recognized federal research institutes, including the Federal Agency for Health Care Policy and Research, National Institutes of Health, National Cancer Institute, National Academy of Sciences, Health Care Financing Administration, Congressional Office of Technology Assessment, and any national board recognized by the National Institutes of Health for the purpose of evaluating the medical value of health services.
(7)CA Health & Safety Code § 1370.4(d)(7) Peer-reviewed abstracts accepted for presentation at major medical association meetings.
(e)CA Health & Safety Code § 1370.4(e) The independent review process established by this section shall be required on and after January 1, 2001.

Section § 1370.6

Explanation

This law ensures that health care plans in California issued after January 1, 2020, cannot deny coverage or discriminate against patients participating in approved clinical trials. A "qualified enrollee" participating in such trials should receive the same coverage for routine patient care costs as other patients, whether the trial is with an in-network or out-of-network provider. However, if the trial is available through an in-network provider, patients might be required to use those services. The law defines "approved clinical trials" and clarifies what costs are covered, excluding the experimental treatment itself. It also protects enrollees' rights to independent medical reviews and ensures that offering coverage does not hold health service plans liable. This rule doesn't apply to specialized health care plans.

(a)CA Health & Safety Code § 1370.6(a) An individual or group health care service plan contract that is issued, amended, or renewed on or after January 1, 2020, shall not:
(1)CA Health & Safety Code § 1370.6(a)(1) Deny a qualified enrollee’s participation in an approved clinical trial.
(2)CA Health & Safety Code § 1370.6(a)(2) Deny, limit, or impose additional conditions on the coverage of routine patient care costs for items and services furnished in connection with a qualified enrollee’s participation in an approved clinical trial.
(3)CA Health & Safety Code § 1370.6(a)(3) Discriminate against an enrollee based on the qualified enrollee’s participation in an approved clinical trial.
(b)Copy CA Health & Safety Code § 1370.6(b)
(1)Copy CA Health & Safety Code § 1370.6(b)(1) Subdivision (a) applies to:
(A)CA Health & Safety Code § 1370.6(b)(1)(A) A qualified enrollee participating in an approved clinical trial conducted by a participating provider.
(B)CA Health & Safety Code § 1370.6(b)(1)(B) A qualified enrollee participating in an approved clinical trial conducted by a nonparticipating provider, including a nonparticipating provider located outside this state, if the clinical trial is not offered or available through a participating provider.
(2)CA Health & Safety Code § 1370.6(b)(2) If one or more participating providers is conducting an approved clinical trial, a health care service plan may require a qualified enrollee to participate in the clinical trial through a participating provider if the participating provider accepts the enrollee as a clinical trial participant.
(3)CA Health & Safety Code § 1370.6(b)(3) A health care service plan may restrict coverage to an approved clinical trial in this state, unless the clinical trial is not offered or available through a participating provider in this state.
(c)Copy CA Health & Safety Code § 1370.6(c)
(1)Copy CA Health & Safety Code § 1370.6(c)(1) The payment rate for routine patient care costs provided by a nonparticipating provider under a contract that is issued, amended, or renewed on or after January 1, 2020, shall be the negotiated rate the health care service plan would otherwise pay a participating provider for the same services, less applicable cost sharing.
(2)CA Health & Safety Code § 1370.6(c)(2) Cost sharing for routine patient care costs shall be the same as that applied to the same services not delivered in a clinical trial, except that the in-network cost sharing and out-of-pocket maximum shall apply if the clinical trial is not offered or available through a participating provider.
(3)CA Health & Safety Code § 1370.6(c)(3) This section does not limit or modify any existing requirements under this chapter or prevent application of cost-sharing provisions in a contract, except as provided in paragraph (2).
(d)CA Health & Safety Code § 1370.6(d) For purposes of this section:
(1)CA Health & Safety Code § 1370.6(d)(1) “Approved clinical trial” means a phase I, phase II, phase III, or phase IV clinical trial conducted in relation to the prevention, detection, or treatment of cancer or another life-threatening disease or condition that meets at least one of the following:
(A)CA Health & Safety Code § 1370.6(d)(1)(A) The study or investigation is approved or funded, which may include funding through in-kind donations, by one or more of the following:
(i)CA Health & Safety Code § 1370.6(d)(1)(A)(i) The National Institutes of Health.
(ii)CA Health & Safety Code § 1370.6(d)(1)(A)(ii) The federal Centers for Disease Control and Prevention.
(iii)CA Health & Safety Code § 1370.6(d)(1)(A)(iii) The Agency for Healthcare Research and Quality.
(iv)CA Health & Safety Code § 1370.6(d)(1)(A)(iv) The federal Centers for Medicare and Medicaid Services.
(v)CA Health & Safety Code § 1370.6(d)(1)(A)(v) A cooperative group or center of any of the entities described in clauses (i) to (iv), inclusive, the Department of Defense, or the United States Department of Veterans Affairs.
(vi)CA Health & Safety Code § 1370.6(d)(1)(A)(vi) A qualified nongovernmental research entity identified in the guidelines issued by the National Institutes of Health for center support grants.
(vii)CA Health & Safety Code § 1370.6(d)(1)(A)(vii) One of the following departments, if the study or investigation has been reviewed and approved through a system of peer review that the Secretary of the United States Department of Health and Human Services determines is comparable to the system of peer review used by the National Institutes of Health and ensures unbiased review of the highest scientific standards by qualified individuals who have no interest in the outcome of the review:
(I)CA Health & Safety Code § 1370.6(d)(1)(A)(vii)(I) The United States Department of Veterans Affairs.
(II) The United States Department of Defense.
(III) The United States Department of Energy.
(B)CA Health & Safety Code § 1370.6(d)(1)(B) The study or investigation is conducted under an investigational new drug application reviewed by the United States Food and Drug Administration.
(C)CA Health & Safety Code § 1370.6(d)(1)(C) The study or investigation is a drug trial that is exempt from an investigational new drug application reviewed by the United States Food and Drug Administration.
(2)CA Health & Safety Code § 1370.6(d)(2) “Life-threatening disease or condition” means a disease or condition from which the likelihood of death is probable, unless the course of the disease or condition is interrupted.
(3)CA Health & Safety Code § 1370.6(d)(3) “Qualified enrollee” means an enrollee who meets both of the following conditions:
(A)CA Health & Safety Code § 1370.6(d)(3)(A) The enrollee is eligible to participate in an approved clinical trial, according to the clinical trial protocol, for the treatment of cancer or another life-threatening disease or condition.
(B)CA Health & Safety Code § 1370.6(d)(3)(B) Either of the following applies:
(i)CA Health & Safety Code § 1370.6(d)(3)(B)(i) The referring health care professional is a participating provider and has concluded that the enrollee’s participation in the clinical trial would be appropriate because the enrollee meets the conditions of subparagraph (A).
(ii)CA Health & Safety Code § 1370.6(d)(3)(B)(ii) The enrollee provides medical and scientific information establishing that the enrollee’s participation in the clinical trial would be appropriate because the enrollee meets the conditions of subparagraph (A).
(4)CA Health & Safety Code § 1370.6(d)(4) “Routine patient care costs” include drugs, items, devices, and services provided consistent with coverage under the contract for an enrollee who is not enrolled in an approved clinical trial, including the following:
(A)CA Health & Safety Code § 1370.6(d)(4)(A) Drugs, items, devices, and services typically covered absent a clinical trial.
(B)CA Health & Safety Code § 1370.6(d)(4)(B) Drugs, items, devices, and services required solely for the provision of an investigational drug, item, device, or service.
(C)CA Health & Safety Code § 1370.6(d)(4)(C) Drugs, items, devices, and services required for the clinically appropriate monitoring of the investigational drug, item, device, or service.
(D)CA Health & Safety Code § 1370.6(d)(4)(D) Drugs, items, devices, and services provided for the prevention of complications arising from the provision of the investigational drug, item, device, or service.
(E)CA Health & Safety Code § 1370.6(d)(4)(E) Drugs, items, devices, and services needed for the reasonable and necessary care arising from the provision of the investigational drug, item, device, or service, including diagnosis and treatment of complications.
(5)CA Health & Safety Code § 1370.6(d)(5) “Routine patient care costs” does not include the following:
(A)CA Health & Safety Code § 1370.6(d)(5)(A) The investigational drug, item, device, or service itself.
(B)CA Health & Safety Code § 1370.6(d)(5)(B) Drugs, items, devices, and services provided solely to satisfy data collection and analysis needs that are not used in the direct clinical management of the enrollee.
(C)CA Health & Safety Code § 1370.6(d)(5)(C) Drugs, items, devices, and services specifically excluded from coverage in the contract, except for drugs, items, devices, and services required to be covered pursuant to this section or other applicable law.
(D)CA Health & Safety Code § 1370.6(d)(5)(D) Drugs, items, devices, and services customarily provided free of charge to a clinical trial participant by the research sponsor.
(e)CA Health & Safety Code § 1370.6(e) This section shall not be construed to limit coverage provided by a health care service plan contract with respect to clinical trials.
(f)CA Health & Safety Code § 1370.6(f) The provision of services required by this section shall not, in itself, give rise to liability on the part of the health care service plan.
(g)CA Health & Safety Code § 1370.6(g) This section does not apply to a specialized health care service plan contract.
(h)CA Health & Safety Code § 1370.6(h) This section does not limit, prohibit, or modify an enrollee’s rights to the independent review process available under Section 1370.4 or to the Independent Medical Review System available under Article 5.55 (commencing with Section 1374.30).

Section § 1371

Explanation

This law requires health care plans to pay or dispute claims within 30-45 working days. If claims aren’t paid on time, interest is added automatically, with a penalty fee if interest isn't included. A claim may be disputed if the necessary information to assess it isn't provided.

Specialized plans, especially for vision care, can use a proven method to detect and reclaim fraud-related overpayments, subject to strict guidelines. This includes notifying providers about suspected fraud, detailing the method used for fraud detection, and allowing providers to challenge these findings.

Providers have 45 working days to dispute a fraud notice. If no reimbursement is made, the plan can offset overpayments against current claims. These rules stay effective until January 1, 2026, and apply to various entities involved in processing claims, but exclude claims outside the scope of optometry practice.

(a)Copy CA Health & Safety Code § 1371(a)
(1)Copy CA Health & Safety Code § 1371(a)(1) A health care service plan, including a specialized health care service plan, shall reimburse claims or a portion of a claim, whether in state or out of state, as soon as practicable, but no later than 30 working days after receipt of the claim by the health care service plan, or if the health care service plan is a health maintenance organization, 45 working days after receipt of the claim by the health care service plan, unless the claim or portion thereof is contested by the plan, in which case the claimant shall be notified, in writing, that the claim is contested or denied, within 30 working days after receipt of the claim by the health care service plan, or if the health care service plan is a health maintenance organization, 45 working days after receipt of the claim by the health care service plan. The notice that a claim is being contested shall identify the portion of the claim that is contested and the specific reasons for contesting the claim.
(2)CA Health & Safety Code § 1371(a)(2) If an uncontested claim is not reimbursed by delivery to the claimant’s address of record within the respective 30 or 45 working days after receipt, interest shall accrue at the rate of 15 percent per annum beginning with the first calendar day after the 30- or 45-working-day period. A health care service plan shall automatically include in its payment of the claim all interest that has accrued pursuant to this section without requiring the claimant to submit a request for the interest amount. A plan failing to comply with this requirement shall pay the claimant a ten dollar ($10) fee.
(3)CA Health & Safety Code § 1371(a)(3) For the purposes of this section, a claim, or portion thereof, is reasonably contested if the plan has not received the completed claim and all information necessary to determine payer liability for the claim, or has not been granted reasonable access to information concerning provider services. Information necessary to determine payer liability for the claim includes, but is not limited to, reports of investigations concerning fraud and misrepresentation, and necessary consents, releases, and assignments, a claim on appeal, or other information necessary for the plan to determine the medical necessity for the health care services provided.
(4)CA Health & Safety Code § 1371(a)(4) If a claim or portion thereof is contested on the basis that the plan has not received all information necessary to determine payer liability for the claim or portion thereof and notice has been provided pursuant to this section, the plan shall have 30 working days or, if the health care service plan is a health maintenance organization, 45 working days after receipt of this additional information to complete reconsideration of the claim. If a plan has received all of the information necessary to determine payer liability for a contested claim and has not reimbursed a claim it has determined to be payable within 30 working days of the receipt of that information, or if the plan is a health maintenance organization, within 45 working days of receipt of that information, interest shall accrue and be payable at a rate of 15 percent per annum beginning with the first calendar day after the 30- or 45-working-day period.
(b)CA Health & Safety Code § 1371(b) Notwithstanding any other law, a specialized health care service plan that undertakes solely to arrange for the provision of vision care services may use a statistically reliable method to investigate suspected fraud and to recover overpayments made as a result of fraud only if the specialized health care service plan complies with this subdivision.
(1)CA Health & Safety Code § 1371(b)(1) A specialized health care service plan’s statistically reliable method, and how the specialized health care service plan intends to utilize that method to determine recovery of overpayments made as a result of fraud, shall be submitted to, and approved by, the department as elements of the specialized health care service plan’s antifraud plan established and approved pursuant to Section 1348. The specialized health care service plan’s utilization of a statistically reliable method shall help protect and promote the interests of enrollees and shall help ensure a stable health care delivery system. The statistically reliable method shall be consistent with direction provided by the International Standards for the Professional Practice of Internal Auditing and the guidance provided by the International Professional Practices Framework guide, which are both produced by the Institute of Internal Auditors.
(2)CA Health & Safety Code § 1371(b)(2) Pursuant to its antifraud plan established and approved pursuant to Section 1348, a specialized health care service plan shall provide a written notice of suspected fraud to a provider that includes, at a minimum, all of the following:
(A)CA Health & Safety Code § 1371(b)(2)(A) A clear description of the specialized health care service plan’s statistically reliable methodology. The description shall include information that ensures that the sample size used to calculate the repayment amount is consistent with the professional guidance provided in the 2009 edition of the American Institute of Certified Public Accountants’ Audit Sampling Considerations of Circular A-133 Compliance Audits.
(B)CA Health & Safety Code § 1371(b)(2)(B) A clear description of the universe of claims from which the statistical random sample was drawn and, if different, the universe of claims upon which the statistical analysis was applied to generate the recovery amount.
(C)CA Health & Safety Code § 1371(b)(2)(C) A clear explanation of how the specialized health care service plan’s statistically reliable methodology was utilized in the specialized health care service plan’s findings of suspected fraud.
(D)CA Health & Safety Code § 1371(b)(2)(D) Notice that a provider may dispute the specialized health care service plan’s findings within 45 working days from the date of receipt of the notice of suspected fraud.
(E)CA Health & Safety Code § 1371(b)(2)(E) The following information for each of the claims in the statistical sample that was utilized in the specialized health care service plan’s findings:
(i)CA Health & Safety Code § 1371(b)(2)(E)(i) The claim number.
(ii)CA Health & Safety Code § 1371(b)(2)(E)(ii) The name of the patient.
(iii)CA Health & Safety Code § 1371(b)(2)(E)(iii) The date of service.
(iv)CA Health & Safety Code § 1371(b)(2)(E)(iv) The date of payment.
(v)CA Health & Safety Code § 1371(b)(2)(E)(v) A clear explanation of the basis upon which the specialized health care service plan suspects the claim is fraudulent.
(3)CA Health & Safety Code § 1371(b)(3) A specialized health care service plan that undertakes solely to arrange for the provision of vision care services may use a statistically reliable method to recover overpayments made as a result of suspected fraud only if the universe of claims upon which the statistical analysis is performed consists only of those claims made between 365 days from the date of payment of the earliest in time claim and the date of payment of the latest in time claim. Notice shall be mailed to the provider no later than 60 days following the date of payment of the latest in time claim.
(4)CA Health & Safety Code § 1371(b)(4) If the provider contests the specialized health care service plan’s notice of suspected fraud, the provider, within 45 working days of the date of receipt of the notice of suspected fraud, shall send written notice to the specialized health care service plan stating the basis upon which the provider believes that the claims are not fraudulent. The specialized health care service plan shall receive and process this contested notice of suspected fraud as a provider dispute pursuant to subdivision (a) of this section, paragraph (1) of subdivision (h) of Section 1367, and the regulations promulgated thereunder.
(5)CA Health & Safety Code § 1371(b)(5) A specialized health care service plan may offset the amount the specialized health care service plan disclosed as overpaid to the provider in an uncontested notice of suspected fraud against the provider’s current claim submissions only if all of the following requirements are met:
(A)CA Health & Safety Code § 1371(b)(5)(A) The provider fails to reimburse the specialized health care service plan within 45 working days from the date of receipt by the provider of the notice of suspected fraud.
(B)CA Health & Safety Code § 1371(b)(5)(B) The specialized health care service plan sends written notice to the provider no less than 10 working days prior to withholding current claim payments in which the specialized health care service plan, at a minimum, states its intent to withhold current claim payments and identifies the claim payments that the specialized health care service plan intends to withhold.
(C)CA Health & Safety Code § 1371(b)(5)(C) The withheld claim payments do not exceed the amount asserted by the specialized health care service plan to be owed to the specialized health care service plan in its notice of suspected fraud.
(6)CA Health & Safety Code § 1371(b)(6) This section does not limit or remove a specialized health care service plan’s obligation to comply with its antifraud plan established pursuant to Section 1348, or to limit or remove the specialized health care service plan’s obligation to comply with the requirements for claims subject to subdivision (a).
(7)CA Health & Safety Code § 1371(b)(7) This subdivision does not limit or remove a specialized health care service plan’s ability to recover overpayments as long as recovery is consistent with applicable law, including subdivision (a) and the regulations promulgated thereunder.
(8)CA Health & Safety Code § 1371(b)(8) This subdivision does not apply to claims submitted by a physician and surgeon for medical or surgical services that are outside the scope of practice of an optometrist pursuant to the Optometry Practice Act (Chapter 7 (commencing with Section 3000) of Division 2 of the Business and Professions Code).
(c)CA Health & Safety Code § 1371(c) The obligation of a plan to comply with this section shall not be deemed to be waived when the plan requires its medical groups, independent practice associations, or other contracting entities to pay claims for covered services.
(d)CA Health & Safety Code § 1371(d) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

Section § 1371

Explanation

This law requires health care service plans in California, including specialized ones, to reimburse complete claims within 30 days. If a claim is incomplete or denied, the plan must provide written notice specifying issues or reasons for denial. Interest at 15% per year accrues on late claims, and plans must automatically include this in payments. Specialized plans, particularly those offering vision care, can use statistical methods for fraud recovery, provided these methods are approved by the department and follow specific auditing standards. Providers can dispute fraud findings, and specialized plans have a process to notify providers and potentially offset overpayments against future claims. The law also outlines that compliance with these rules can't be waived even if third-party entities handle the claims, and there's a provision for the department to amend regulations without following normal procedures until the end of 2027. This law is set to become effective on January 1, 2026.

(a)Copy CA Health & Safety Code § 1371(a)
(1)Copy CA Health & Safety Code § 1371(a)(1) A health care service plan, including a specialized health care service plan, shall reimburse a complete claim or portion thereof, whether in state or out of state, as soon as practicable, but no later than 30 calendar days after receipt of the claim by the health care service plan. If a claim or portion thereof does not meet the criteria for a complete claim or the criteria for coverage under the plan contract, the claimant shall be notified, in writing, that the claim or portion thereof is contested or denied, as soon as practicable, but no later than 30 calendar days after receipt of the claim by the health care service plan.
(2)CA Health & Safety Code § 1371(a)(2) The notice that a claim or portion thereof, is contested shall identify the portion of the claim that is contested, by procedure or revenue code, and the specific information needed from the provider to reconsider the claim, including any defect or impropriety or additional information needed to adjudicate the claim.
(3)CA Health & Safety Code § 1371(a)(3) The notice that a claim or portion thereof, is denied shall identify the portion of the claim that is denied, by procedure or revenue code, and the specific reasons for the denial including any defect or impropriety.
(4)CA Health & Safety Code § 1371(a)(4) If a complete claim is not reimbursed by delivery to the claimant’s address of record within 30 calendar days after receipt, interest shall accrue at a rate of 15 percent per annum beginning with the first calendar day after the 30-calendar-day period. A health care service plan shall automatically include in its payment of the claim all interest that has accrued pursuant to this section without requiring the claimant to submit a request for the interest amount. A plan failing to comply with this requirement shall pay the claimant a fee of the greater of an additional fifteen dollars ($15) or 10 percent of the accrued interest.
(5)CA Health & Safety Code § 1371(a)(5) For the purposes of this section, a claim, or portion thereof, is reasonably contested if the plan has not received the completed claim and all information necessary to determine payer liability for the claim, or has not been granted reasonable access to information concerning provider services. Information necessary to determine payer liability for the claim includes, but is not limited to, reports of investigations concerning fraud and misrepresentation, and necessary consents, releases, and assignments, a claim on appeal, or other information necessary for the plan to determine the medical necessity for the health care services provided. A plan may not contest a claim that is consistent with the procedure or revenue codes and services approved by prior authorization with appropriate documentation included on the claim.
(6)CA Health & Safety Code § 1371(a)(6) If a claim or portion thereof is contested on the basis that the plan has not received all information necessary to determine payer liability for the claim or portion thereof and notice has been provided pursuant to this section, the plan shall have 30 calendar days after receipt of this additional information to complete reconsideration of the claim. If a plan has received all of the information necessary to determine payer liability for a contested claim and has not reimbursed a claim it has determined to be payable within 30 calendar days of the receipt of that information, interest shall accrue and be payable at a rate of 15 percent per annum beginning with the first calendar day after the 30-calendar-day period.
(b)CA Health & Safety Code § 1371(b) Notwithstanding any other law, a specialized health care service plan that undertakes solely to arrange for the provision of vision care services may use a statistically reliable method to investigate suspected fraud and to recover overpayments made as a result of fraud only if the specialized health care service plan complies with this subdivision.
(1)CA Health & Safety Code § 1371(b)(1) A specialized health care service plan’s statistically reliable method, and how the specialized health care service plan intends to utilize that method to determine recovery of overpayments made as a result of fraud, shall be submitted to, and approved by, the department as elements of the specialized health care service plan’s antifraud plan established and approved pursuant to Section 1348. The specialized health care service plan’s utilization of a statistically reliable method shall help protect and promote the interests of enrollees and shall help ensure a stable health care delivery system. The statistically reliable method shall be consistent with direction provided by the International Standards for the Professional Practice of Internal Auditing and the guidance provided by the International Professional Practices Framework guide, which are both produced by the Institute of Internal Auditors.
(2)CA Health & Safety Code § 1371(b)(2) Pursuant to its antifraud plan established and approved pursuant to Section 1348, a specialized health care service plan shall provide a written notice of suspected fraud to a provider that includes, at a minimum, all of the following:
(A)CA Health & Safety Code § 1371(b)(2)(A) A clear description of the specialized health care service plan’s statistically reliable methodology. The description shall include information that ensures that the sample size used to calculate the repayment amount is consistent with the professional guidance provided in the 2009 edition of the American Institute of Certified Public Accountants’ Audit Sampling Considerations of Circular A-133 Compliance Audits.
(B)CA Health & Safety Code § 1371(b)(2)(B) A clear description of the universe of claims from which the statistical random sample was drawn and, if different, the universe of claims upon which the statistical analysis was applied to generate the recovery amount.
(C)CA Health & Safety Code § 1371(b)(2)(C) A clear explanation of how the specialized health care service plan’s statistically reliable methodology was utilized in the specialized health care service plan’s findings of suspected fraud.
(D)CA Health & Safety Code § 1371(b)(2)(D) Notice that a provider may dispute the specialized health care service plan’s findings within 45 working days from the date of receipt of the notice of suspected fraud.
(E)CA Health & Safety Code § 1371(b)(2)(E) The following information for each of the claims in the statistical sample that was utilized in the specialized health care service plan’s findings:
(i)CA Health & Safety Code § 1371(b)(2)(E)(i) The claim number.
(ii)CA Health & Safety Code § 1371(b)(2)(E)(ii) The name of the patient.
(iii)CA Health & Safety Code § 1371(b)(2)(E)(iii) The date of service.
(iv)CA Health & Safety Code § 1371(b)(2)(E)(iv) The date of payment.
(v)CA Health & Safety Code § 1371(b)(2)(E)(v) A clear explanation of the basis upon which the specialized health care service plan suspects the claim is fraudulent.
(3)CA Health & Safety Code § 1371(b)(3) A specialized health care service plan that undertakes solely to arrange for the provision of vision care services may use a statistically reliable method to recover overpayments made as a result of suspected fraud only if the universe of claims upon which the statistical analysis is performed consists only of those claims made between 365 days from the date of payment of the earliest in time claim and the date of payment of the latest in time claim. Notice shall be mailed to the provider no later than 60 days following the date of payment of the latest in time claim.
(4)CA Health & Safety Code § 1371(b)(4) If the provider contests the specialized health care service plan’s notice of suspected fraud, the provider, within 45 working days of the date of receipt of the notice of suspected fraud, shall send written notice to the specialized health care service plan stating the basis upon which the provider believes that the claims are not fraudulent. The specialized health care service plan shall receive and process this contested notice of suspected fraud as a provider dispute pursuant to subdivision (a) of this section, paragraph (1) of subdivision (h) of Section 1367, and the regulations promulgated thereunder.
(5)CA Health & Safety Code § 1371(b)(5) A specialized health care service plan may offset the amount the specialized health care service plan disclosed as overpaid to the provider in an uncontested notice of suspected fraud against the provider’s current claim submissions only if all of the following requirements are met:
(A)CA Health & Safety Code § 1371(b)(5)(A) The provider fails to reimburse the specialized health care service plan within 45 working days from the date of receipt by the provider of the notice of suspected fraud.
(B)CA Health & Safety Code § 1371(b)(5)(B) The specialized health care service plan sends written notice to the provider no less than 10 working days prior to withholding current claim payments in which the specialized health care service plan, at a minimum, states its intent to withhold current claim payments and identifies the claim payments that the specialized health care service plan intends to withhold.
(C)CA Health & Safety Code § 1371(b)(5)(C) The withheld claim payments do not exceed the amount asserted by the specialized health care service plan to be owed to the specialized health care service plan in its notice of suspected fraud.
(6)CA Health & Safety Code § 1371(b)(6) This section does not limit or remove a specialized health care service plan’s obligation to comply with its antifraud plan established pursuant to Section 1348, or to limit or remove the specialized health care service plan’s obligation to comply with the requirements for claims subject to subdivision (a).
(7)CA Health & Safety Code § 1371(b)(7) This subdivision does not limit or remove a specialized health care service plan’s ability to recover overpayments as long as recovery is consistent with applicable law, including subdivision (a) and the regulations promulgated thereunder.
(8)CA Health & Safety Code § 1371(b)(8) This subdivision does not apply to claims submitted by a physician and surgeon for medical or surgical services that are outside the scope of practice of an optometrist pursuant to the Optometry Practice Act (Chapter 7 (commencing with Section 3000) of Division 2 of the Business and Professions Code).
(c)CA Health & Safety Code § 1371(c) The obligation of a plan to comply with this section shall not be deemed to be waived when the plan requires its medical groups, independent practice associations, or other contracting entities to pay claims for covered services.
(d)CA Health & Safety Code § 1371(d) The department may issue compliance guidance and amend regulations for consistency with this section. The guidance and amendments shall not be subject to the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) until December 31, 2027.
(e)CA Health & Safety Code § 1371(e) This section shall become operative on January 1, 2026.

Section § 1371.1

Explanation

This California law outlines what happens if a healthcare provider is overpaid by a health care service plan. When a plan identifies an overpayment, it must notify the provider in writing. The provider then has 30 working days to repay, unless they contest the overpayment by providing written notice within the same time. If repayment isn't made on time for uncontested amounts, interest at 10% per year starts to accrue after the 30 days.

Additionally, certain payments to pharmacists for partial medication fills aren't considered overpayments. For dental plans, specific instructions must be given with overpayment notices, including how to dispute the charges and detailed claim information.

(a)Copy CA Health & Safety Code § 1371.1(a)
(1)Copy CA Health & Safety Code § 1371.1(a)(1) Whenever a health care service plan, including a specialized health care service plan, determines that in reimbursing a claim for provider services an institutional or professional provider has been overpaid, and then notifies the provider in writing through a separate notice identifying the overpayment and the amount of the overpayment, the provider shall reimburse the health care service plan within 30 working days of receipt by the provider of the notice of overpayment unless the overpayment or portion thereof is contested by the provider in which case the health care service plan shall be notified, in writing, within 30 working days. The notice that an overpayment is being contested shall identify the portion of the overpayment that is contested and the specific reasons for contesting the overpayment.
(2)CA Health & Safety Code § 1371.1(a)(2) If the provider does not make reimbursement for an uncontested overpayment within 30 working days after receipt, interest shall accrue at the rate of 10 percent per annum beginning with the first calendar day after the 30-working-day period.
(3)CA Health & Safety Code § 1371.1(a)(3) A prorated cost-sharing payment, or any portion thereof, made to a pharmacist for the dispensing of a partial fill pursuant to Section 4052.10 of the Business and Professions Code shall not be considered to be an overpayment pursuant to this section.
(b)Copy CA Health & Safety Code § 1371.1(b)
(1)Copy CA Health & Safety Code § 1371.1(b)(1) This subdivision shall only apply to a health care service plan contract covering dental services or a specialized health care service plan contract covering dental services pursuant to this chapter.
(2)CA Health & Safety Code § 1371.1(b)(2) The health care service plan’s notice of overpayment shall inform the provider how to access the plan’s dispute resolution mechanism offered pursuant to subdivision (h) of Section 1367. The notice shall include the name and address to which the dispute should be submitted and a statement that Section 1371.1 of the Health and Safety Code requires a provider to reimburse the plan for an overpayment within 30 working days of receipt by the provider of the notice of overpayment unless the provider contests the overpayment within 30 working days. The notice shall also include information clearly identifying the claim, the name of the patient, the date of service, and a clear explanation of the basis upon which the plan or the plan’s capitated provider believes the amount paid on the claim was in excess of the amount due, including interest and penalties on the claim. The notice shall also include a statement that if the provider does not make reimbursement of an uncontested overpayment within 30 working days after receipt of the notice, interest shall accrue at a rate of 10 percent per annum.

Section § 1371.2

Explanation

This law prohibits health care service plans from asking for a refund or paying providers less just because those providers have contracts with other approved health care service plans.

No health care service plan, including a specialized health care service plan, shall request reimbursement for overpayment or reduce the level of payment to a provider based solely on the allegation that the provider has entered into a contract with any other licensed health care service plan for participation in a benefit plan that has been approved by the director.

Section § 1371.3

Explanation

This law requires that group health care plans allow Medi-Cal beneficiaries to assign their right to reimbursement for covered health services directly to the State Department of Health Services, starting January 1, 1994. However, this rule does not apply to beneficiaries receiving services under specific contracts outlined in other sections of the Welfare and Institutions Code.

On and after January 1, 1994, every group health care service plan that provides hospital, medical, or surgical expense benefits for plan members and their dependents shall authorize and permit assignment of the enrollee’s or subscriber’s right to any reimbursement for health care services covered under the plan contract to the State Department of Health Services when health care services are provided to a Medi-Cal beneficiary. This section, however, shall not apply to a Medi-Cal beneficiary for health care services provided pursuant to a contract with the State Department of Health Services under Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code.

Section § 1371.4

Explanation

This law requires health care plans covering hospital, medical, or surgical expenses to have 24-hour availability for authorizing necessary care after emergency services. This ensures patients aren't discharged unsafely after their condition stabilizes. It mandates reimbursement for emergency care until the patient stabilizes, unless it's clear there was no emergency. If there's a disagreement on follow-up care, the health plan must either take over the patient's care or transfer them to a contracted hospital.

Special rules apply for large nonprofit health plans. The law also stipulates hospitals must be reimbursed for post-stabilization care if the health plan authorized such care or failed to respond timely to care requests. Patients should report any improper billing, and the law specifies definitions and timelines for regulatory compliance.

(a)CA Health & Safety Code § 1371.4(a) A health care service plan that covers hospital, medical, or surgical expenses, or its contracting medical providers, shall provide 24-hour access for enrollees and providers, including, but not limited to, noncontracting hospitals, to obtain timely authorization for medically necessary care, for circumstances where the enrollee has received emergency services and care is stabilized, but the treating provider believes that the enrollee may not be discharged safely. A physician and surgeon shall be available for consultation and for resolving disputed requests for authorizations. A health care service plan that does not require prior authorization as a prerequisite for payment for necessary medical care following stabilization of an emergency medical condition or active labor need not satisfy the requirements of this subdivision.
(b)CA Health & Safety Code § 1371.4(b) A health care service plan, or its contracting medical providers, shall reimburse providers for emergency services and care provided to its enrollees, until the care results in stabilization of the enrollee, except as provided in subdivision (c). As long as federal or state law requires that emergency services and care be provided without first questioning the patient’s ability to pay, a health care service plan shall not require a provider to obtain authorization prior to the provision of emergency services and care necessary to stabilize the enrollee’s emergency medical condition.
(c)CA Health & Safety Code § 1371.4(c) Payment for emergency services and care may be denied only if the health care service plan, or its contracting medical providers, reasonably determines that the emergency services and care were never performed; provided that a health care service plan, or its contracting medical providers, may deny reimbursement to a provider for a medical screening examination in cases when the plan enrollee did not require emergency services and care and the enrollee reasonably should have known that an emergency did not exist. A health care service plan may require prior authorization as a prerequisite for payment for necessary medical care following stabilization of an emergency medical condition.
(d)CA Health & Safety Code § 1371.4(d) If there is a disagreement between the health care service plan and the provider regarding the need for necessary medical care, following stabilization of the enrollee, the plan shall assume responsibility for the care of the patient either by having medical personnel contracting with the plan personally take over the care of the patient within a reasonable amount of time after the disagreement, or by having another general acute care hospital under contract with the plan agree to accept the transfer of the patient as provided in Section 1317.2, Section 1317.2a, or other pertinent statute. However, this requirement shall not apply to necessary medical care provided in hospitals outside the service area of the health care service plan. If the health care service plan fails to satisfy the requirements of this subdivision, further necessary care shall be deemed to have been authorized by the plan. Payment for this care may not be denied.
(e)CA Health & Safety Code § 1371.4(e) A health care service plan may delegate the responsibilities enumerated in this section to the plan’s contracting medical providers.
(f)CA Health & Safety Code § 1371.4(f) Subdivisions (b), (c), (d), (g), and (h) shall not apply with respect to a nonprofit health care service plan that has 3,500,000 enrollees and maintains a prior authorization system that includes the availability by telephone within 30 minutes of a practicing emergency department physician.
(g)CA Health & Safety Code § 1371.4(g) The Department of Managed Health Care shall adopt by July 1, 1995, on an emergency basis, regulations governing instances when an enrollee requires medical care following stabilization of an emergency medical condition, including appropriate timeframes for a health care service plan to respond to requests for treatment authorization.
(h)CA Health & Safety Code § 1371.4(h) The Department of Managed Health Care shall adopt, by July 1, 1999, on an emergency basis, regulations governing instances when an enrollee in the opinion of the treating provider requires necessary medical care following stabilization of an emergency medical condition, including appropriate timeframes for a health care service plan to respond to a request for treatment authorization from a treating provider who has a contract with a plan.
(i)CA Health & Safety Code § 1371.4(i) The definitions set forth in Section 1317.1 shall control the construction of this section.
(j)Copy CA Health & Safety Code § 1371.4(j)
(1)Copy CA Health & Safety Code § 1371.4(j)(1) A health care service plan that is contacted by a hospital pursuant to Section 1262.8 shall, within 30 minutes of the time the hospital makes the initial telephone call requesting information, either authorize poststabilization care or inform the hospital that it will arrange for the prompt transfer of the enrollee to another hospital.
(2)CA Health & Safety Code § 1371.4(j)(2) A health care service plan that is contacted by a hospital pursuant to Section 1262.8 shall reimburse the hospital for poststabilization care rendered to the enrollee if any of the following occur:
(A)CA Health & Safety Code § 1371.4(j)(2)(A) The health care service plan authorizes the hospital to provide poststabilization care.
(B)CA Health & Safety Code § 1371.4(j)(2)(B) The health care service plan does not respond to the hospital’s initial contact or does not make a decision regarding whether to authorize poststabilization care or to promptly transfer the enrollee within the timeframe set forth in paragraph (1).
(C)CA Health & Safety Code § 1371.4(j)(2)(C) There is an unreasonable delay in the transfer of the enrollee, and the noncontracting physician and surgeon determines that the enrollee requires poststabilization care.
(3)CA Health & Safety Code § 1371.4(j)(3) A health care service plan shall not require a hospital representative or a noncontracting physician and surgeon to make more than one telephone call pursuant to Section 1262.8 to the number provided in advance by the health care service plan. The representative of the hospital that makes the telephone call may be, but is not required to be, a physician and surgeon.
(4)CA Health & Safety Code § 1371.4(j)(4) An enrollee who is billed by a hospital in violation of Section 1262.8 may report receipt of the bill to the health care service plan and the department. The department shall forward that report to the State Department of Public Health.
(5)CA Health & Safety Code § 1371.4(j)(5) For purposes of this section, “poststabilization care” means medically necessary care provided after an emergency medical condition has been stabilized.

Section § 1371.5

Explanation

This law states that health care service plans in California cannot require prior approval or refuse payment for ambulance services when a 911 emergency call is made. They must pay if the situation was a genuine emergency or if the person reasonably thought it was.

An "emergency medical condition" is defined as in another section. Decisions about whether someone reasonably believed there was an emergency cannot be based only on after-the-fact reviews.

However, plans don't have to pay if no services were performed, it wasn't an actual emergency, or if there was any fraud or mistakes in billing. Payments can also be denied if services weren't covered under the member’s plan or if the person wasn't a valid member at the time of the claim.

(a)CA Health & Safety Code § 1371.5(a)  No health care service plan that provides basic health care services shall require prior authorization or refuse to pay for any ambulance or ambulance transport services, referred to in paragraph (6) of subdivision (b) of Section 1345, provided to an enrollee as a result of a “911” emergency response system request for assistance if either of the following conditions apply:
(1)CA Health & Safety Code § 1371.5(a)(1)  The request was made for an emergency medical condition and ambulance transport services were required.
(2)CA Health & Safety Code § 1371.5(a)(2)  An enrollee reasonably believed that the medical condition was an emergency medical condition and reasonably believed that the condition required ambulance transport services.
(b)CA Health & Safety Code § 1371.5(b)  As used in this section, “emergency medical condition” has the same meaning as in Section 1317.1.
(c)CA Health & Safety Code § 1371.5(c)  The determination as to whether an enrollee reasonably believed that the medical condition was an emergency medical condition that required an emergency response shall not be based solely upon a retrospective analysis of the level of care eventually provided to, or a final discharge of, the person who received emergency assistance.
(d)CA Health & Safety Code § 1371.5(d)  A health care service plan shall not be required to pay for any ambulance or ambulance transport services if the health care service plan determines that the ambulance or ambulance transport services were never performed, an emergency condition did not exist, or upon findings of fraud, incorrect billings, the provision of services that were not covered under the member’s current benefit plan, or membership that was invalid at the time services were delivered for the pending emergency claim.

Section § 1371.8

Explanation

If a health care plan approves a specific treatment for a patient, it can't take back or change that approval after the patient has received the treatment. This rule applies even if the plan later decides the patient wasn't eligible for the treatment or if the patient's contract is changed or canceled. This doesn't mean patients get more benefits under their plan. Also, recent amendments to this law weren't intended to give guidance on whether they reflect current law.

A health care service plan that authorizes a specific type of treatment by a provider shall not rescind or modify this authorization after the provider renders the health care service in good faith and pursuant to the authorization for any reason, including, but not limited to, the plan’s subsequent rescission, cancellation, or modification of the enrollee’s or subscriber’s contract or the plan’s subsequent determination that it did not make an accurate determination of the enrollee’s or subscriber’s eligibility. This section shall not be construed to expand or alter the benefits available to the enrollee or subscriber under a plan. The Legislature finds and declares that by adopting the amendments made to this section by Assembly Bill 1324 of the 2007–08 Regular Session it does not intend to instruct a court as to whether or not the amendments are existing law.

Section § 1371.9

Explanation

In California, when you receive medical services at a hospital or facility from a non-network doctor, you only pay the same amount as if the doctor was in your network. This is called the 'in-network cost-sharing amount'. Doctors outside your network can only charge you this amount and must refund any overpayments within 30 days or pay interest.

If your plan covers out-of-network care, you can choose to pay more for services with written consent, including a clear cost estimate. However, this option includes more costs, which may not count toward your in-network limits.

Extra collections measures, like reporting to credit agencies or wage garnishment, are restricted to only certain unpaid amounts, and emergency services are not included in this rule.

(a)Copy CA Health & Safety Code § 1371.9(a)
(1)Copy CA Health & Safety Code § 1371.9(a)(1) Except as provided in subdivision (c), a health care service plan contract issued, amended, or renewed on or after July 1, 2017, shall provide that if an enrollee receives covered services from a contracting health facility at which, or as a result of which, the enrollee receives services provided by a noncontracting individual health professional, the enrollee shall pay no more than the same cost sharing that the enrollee would pay for the same covered services received from a contracting individual health professional. This amount shall be referred to as the “in-network cost-sharing amount.”
(2)CA Health & Safety Code § 1371.9(a)(2) An enrollee shall not owe the noncontracting individual health professional more than the in-network cost-sharing amount for services subject to this section. At the time of payment by the plan to the noncontracting individual health professional, the plan shall inform the enrollee and the noncontracting individual health professional of the in-network cost-sharing amount owed by the enrollee.
(3)CA Health & Safety Code § 1371.9(a)(3) A noncontracting individual health professional shall not bill or collect any amount from the enrollee for services subject to this section except for the in-network cost-sharing amount. Any communication from the noncontracting individual health professional to the enrollee prior to the receipt of information about the in-network cost-sharing amount pursuant to paragraph (2) shall include a notice in 12-point bold type stating that the communication is not a bill and informing the enrollee that the enrollee shall not pay until the enrollee is informed by the enrollee’s health care service plan of any applicable cost sharing.
(4)Copy CA Health & Safety Code § 1371.9(a)(4)
(A)Copy CA Health & Safety Code § 1371.9(a)(4)(A) If the noncontracting individual health professional has received more than the in-network cost-sharing amount from the enrollee for services subject to this section, the noncontracting individual health professional shall refund any overpayment to the enrollee within 30 calendar days after receiving payment from the enrollee.
(B)CA Health & Safety Code § 1371.9(a)(4)(A)(B) If the noncontracting individual health professional does not refund any overpayment to the enrollee within 30 calendar days after being informed of the enrollee’s in-network cost-sharing amount, interest shall accrue at the rate of 15 percent per annum beginning with the date payment was received from the enrollee.
(C)CA Health & Safety Code § 1371.9(a)(4)(A)(C) A noncontracting individual health professional shall automatically include in their refund to the enrollee all interest that has accrued pursuant to this section without requiring the enrollee to submit a request for the interest amount.
(b)CA Health & Safety Code § 1371.9(b) Except for services subject to subdivision (c), the following shall apply:
(1)CA Health & Safety Code § 1371.9(b)(1) Any cost sharing paid by the enrollee for the services subject to this section shall count toward the limit on annual out-of-pocket expenses established under Section 1367.006.
(2)CA Health & Safety Code § 1371.9(b)(2) Cost sharing arising from services subject to this section shall be counted toward any deductible in the same manner as cost sharing would be attributed to a contracting individual health professional.
(3)CA Health & Safety Code § 1371.9(b)(3) The cost sharing paid by the enrollee pursuant to this section shall satisfy the enrollee’s obligation to pay cost sharing for the health service and shall constitute “applicable cost sharing owed by the enrollee.”
(c)CA Health & Safety Code § 1371.9(c) For services subject to this section, if an enrollee has a health care service plan that includes coverage for out-of-network benefits, a noncontracting individual health professional may bill or collect from the enrollee the out-of-network cost sharing, if applicable, only when the enrollee consents in writing and that written consent demonstrates satisfaction of all the following criteria:
(1)CA Health & Safety Code § 1371.9(c)(1) At least 24 hours in advance of care, the enrollee shall consent in writing to receive services from the identified noncontracting individual health professional.
(2)CA Health & Safety Code § 1371.9(c)(2) The consent shall be obtained by the noncontracting individual health professional in a document that is separate from the document used to obtain the consent for any other part of the care or procedure. The consent shall not be obtained by the facility or any representative of the facility. The consent shall not be obtained at the time of admission or at any time when the enrollee is being prepared for surgery or any other procedure.
(3)CA Health & Safety Code § 1371.9(c)(3) At the time consent is provided, the noncontracting individual health professional shall give the enrollee a written estimate of the enrollee’s total out-of-pocket cost of care. The written estimate shall be based on the professional’s billed charges for the service to be provided. The noncontracting individual health professional shall not attempt to collect more than the estimated amount without receiving separate written consent from the enrollee or the enrollee’s authorized representative, unless circumstances arise during delivery of services that were unforeseeable at the time the estimate was given that would require the provider to change the estimate.
(4)CA Health & Safety Code § 1371.9(c)(4) The consent shall advise the enrollee that the enrollee may elect to seek care from a contracted provider or may contact the enrollee’s health care service plan in order to arrange to receive the health service from a contracted provider for lower out-of-pocket costs.
(5)CA Health & Safety Code § 1371.9(c)(5) The consent and estimate shall be provided to the enrollee in the language spoken by the enrollee, if the language is a Medi-Cal threshold language, as defined in subdivision (d) of Section 128552.
(6)CA Health & Safety Code § 1371.9(c)(6) The consent shall also advise the enrollee that any costs incurred as a result of the enrollee’s use of the out-of-network benefit shall be in addition to in-network cost-sharing amounts and may not count toward the annual out-of-pocket maximum on in-network benefits or a deductible, if any, for in-network benefits.
(d)CA Health & Safety Code § 1371.9(d) A noncontracting individual health professional who fails to comply with the requirements of subdivision (c) has not obtained written consent for purposes of this section. Under those circumstances, subdivisions (a) and (b) shall apply and subdivision (c) shall not apply.
(e)Copy CA Health & Safety Code § 1371.9(e)
(1)Copy CA Health & Safety Code § 1371.9(e)(1) A noncontracting individual health professional may advance to collections only the in-network cost-sharing amount, as determined by the plan pursuant to subdivision (a) or the out-of-network cost-sharing amount owed pursuant to subdivision (c), that the enrollee has failed to pay.
(2)CA Health & Safety Code § 1371.9(e)(2) The noncontracting individual health professional, or any entity acting on their behalf, including any assignee of the debt, shall not do either of the following:
(A)CA Health & Safety Code § 1371.9(e)(2)(A) Report adverse information to a consumer credit reporting agency.
(B)CA Health & Safety Code § 1371.9(e)(2)(B) Commence civil action against the enrollee for a minimum of 150 days after the initial billing regarding amounts owed by the enrollee under subdivision (a) or (c).
(3)CA Health & Safety Code § 1371.9(e)(3) With respect to an enrollee, the noncontracting individual health professional, or any entity acting on their behalf, including any assignee of the debt, shall not use wage garnishments or liens on primary residences as a means of collecting unpaid bills under this section.
(f)CA Health & Safety Code § 1371.9(f) For purposes of this section and Sections 1371.30 and 1371.31, the following definitions shall apply:
(1)CA Health & Safety Code § 1371.9(f)(1) “Contracting health facility” means a health facility that is contracted with the enrollee’s health care service plan to provide services under the enrollee’s plan contract. A contracting health care facility includes, but is not limited to, the following providers:
(A)CA Health & Safety Code § 1371.9(f)(1)(A) A licensed hospital.
(B)CA Health & Safety Code § 1371.9(f)(1)(B) An ambulatory surgery or other outpatient setting, as described in subdivision (a), (d), (e), (g), or (h) of Section 1248.1.
(C)CA Health & Safety Code § 1371.9(f)(1)(C) A laboratory.
(D)CA Health & Safety Code § 1371.9(f)(1)(D) A radiology or imaging center.
(2)CA Health & Safety Code § 1371.9(f)(2) “Cost sharing” includes any copayment, coinsurance, or deductible, or any other form of cost sharing paid by the enrollee other than premium or share of premium.
(3)CA Health & Safety Code § 1371.9(f)(3) “Individual health professional” means a physician and surgeon or other professional who is licensed by this state to deliver or furnish health care services. For this purpose, an “individual health professional” shall not include a dentist, licensed pursuant to the Dental Practice Act (Chapter 4 (commencing with Section 1600) of Division 2 of the Business and Professions Code).
(4)CA Health & Safety Code § 1371.9(f)(4) “In-network cost-sharing amount” means an amount no more than the same cost sharing the enrollee would pay for the same covered service received from a contracting health professional. The in-network cost-sharing amount with respect to an enrollee with coinsurance shall be based on the amount paid by the plan pursuant to paragraph (1) of subdivision (a) of Section 1371.31.
(5)CA Health & Safety Code § 1371.9(f)(5) “Noncontracting individual health professional” means a physician and surgeon or other professional who is licensed by the state to deliver or furnish health care services and who is not contracted with the enrollee’s health care service product. For this purpose, a “noncontracting individual health professional” shall not include a dentist, licensed pursuant to the Dental Practice Act (Chapter 4 (commencing with Section 1600) of Division 2 of the Business and Professions Code). Application of this definition is not precluded by a noncontracting individual health professional’s affiliation with a group.
(g)CA Health & Safety Code § 1371.9(g) This section shall not be construed to require a health care service plan to cover services not required by law or by the terms and conditions of the health care service plan contract.
(h)CA Health & Safety Code § 1371.9(h) This section shall not be construed to exempt a plan or provider from the requirements under Section 1371.4 or 1373.96, nor abrogate the holding in Prospect Medical Group, Inc. v. Northridge Emergency Medical Group (2009) 45 Cal.4th 497.
(i)CA Health & Safety Code § 1371.9(i) If a health care service plan delegates payment functions to a contracted entity, including, but not limited to, a medical group or independent practice association, the delegated entity shall comply with this section.
(j)CA Health & Safety Code § 1371.9(j) This section shall not apply to a Medi-Cal managed health care service plan or any other entity that enters into a contract with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000), Chapter 8 (commencing with Section 14200), and Chapter 8.75 (commencing with Section 14591) of Part 3 of Division 9 of the Welfare and Institutions Code.
(k)CA Health & Safety Code § 1371.9(k) This section shall not apply to emergency services and care, as defined in Section 1317.1.

Section § 1371.22

Explanation

This law specifies that if a health care provider has a contract with a health plan stating they must accept the lowest rate they charge any patient or third party, this rule does not apply to cash payments from patients without any health insurance. This applies to contracts made or changed after this law took effect.

If a contract between a health care service plan and a provider requires that the provider accept, as payment from the plan, the lowest payment rate charged by the provider to any patient or third party, this contract provision shall not be deemed to apply to, or take into consideration, any cash payments made to the provider by individual patients who do not have any private or public form of health care coverage for the service rendered by the provider, as described in subdivision (c) of Section 657 of the Business and Professions Code. This section shall apply to a provider contract that is issued, amended, or renewed on or after the effective date of this section.

Section § 1371.25

Explanation

This law section states that healthcare plans, providers, and any entities working with those plans are only responsible for their own mistakes or failures and are not liable for anyone else's. Any contract terms suggesting otherwise are invalid. However, they can still be held responsible under certain legal principles such as equitable indemnity or comparative negligence if those apply.

A plan, any entity contracting with a plan, and providers are each responsible for their own acts or omissions, and are not liable for the acts or omissions of, or the costs of defending, others. Any provision to the contrary in a contract with providers is void and unenforceable. Nothing in this section shall preclude a finding of liability on the part of a plan, any entity contracting with a plan, or a provider, based on the doctrines of equitable indemnity, comparative negligence, contribution, or other statutory or common law bases for liability.

Section § 1371.30

Explanation

This law requires the establishment of an independent dispute resolution process to handle disagreements over claim payments between health plans and out-of-network health professionals for certain services. Before using this independent process, parties must first try to resolve the issue using the health plan's internal process. Both parties are required to participate if either side appeals to this independent process. The department will set up rules and steps for submitting disputes, which can include evidence kept confidential to protect contract information. There will be fees, shared by both parties, to cover administrative costs.

The process can bundle similar claims for efficient handling and allow physician groups to act on behalf of health professionals. The disputes will be reviewed independently and decisions will be binding, though further legal action is still an option if needed. The department may work with independent organizations to run the process, ensuring no conflicts of interest, and may provide non-confidential information to the public on request. The law is not applicable to certain types of health plans, like Medi-Cal or emergency services. Ultimately, any changes do not alter existing obligations of health care service plans, and the department can interpret and implement these rules through informal directives until regulations are officially adopted.

(a)Copy CA Health & Safety Code § 1371.30(a)
(1)Copy CA Health & Safety Code § 1371.30(a)(1)  By September 1, 2017, the department shall establish an independent dispute resolution process for the purpose of processing and resolving a claim dispute between a health care service plan and a noncontracting individual health professional for services subject to subdivision (a) of Section 1371.9.
(2)CA Health & Safety Code § 1371.30(a)(2) Prior to initiating the independent dispute resolution process, the parties shall complete the plan’s internal process.
(3)CA Health & Safety Code § 1371.30(a)(3) If either the noncontracting individual health professional or the plan appeals a claim to the department’s independent dispute resolution process, the other party shall participate in the appeal process as described in this section.
(b)Copy CA Health & Safety Code § 1371.30(b)
(1)Copy CA Health & Safety Code § 1371.30(b)(1) The department shall establish uniform written procedures for the submission, receipt, processing, and resolution of claim payment disputes pursuant to this section and any other guidelines for implementing this section. These procedures shall include a process for each party to submit into evidence information that will be kept confidential from the other party, in order to preserve the confidentiality of the source contract.
(2)CA Health & Safety Code § 1371.30(b)(2) The department shall establish reasonable and necessary fees for the purpose of administering this section, to be paid by both parties.
(3)CA Health & Safety Code § 1371.30(b)(3) In establishing the independent dispute resolution process, the department shall permit the bundling of claims submitted to the same plan or the same delegated entity for the same or similar services by the same noncontracting individual health professional.
(4)CA Health & Safety Code § 1371.30(b)(4) The department shall permit a physician group, independent practice association, or other entity authorized to act on behalf of a noncontracting individual health professional to initiate and participate in the independent dispute resolution process.
(5)Copy CA Health & Safety Code § 1371.30(b)(5)
(A)Copy CA Health & Safety Code § 1371.30(b)(5)(A) In deciding the dispute, the independent organization shall conduct a de novo review and base its decision regarding the appropriate reimbursement solely on the information and documents timely submitted into evidence by the parties to the dispute.
(B)CA Health & Safety Code § 1371.30(b)(5)(A)(B) The independent organization shall assign reviewers to each case based on their relevant education, background, and medical claims payment and clinical experience.
(c)Copy CA Health & Safety Code § 1371.30(c)
(1)Copy CA Health & Safety Code § 1371.30(c)(1) The department may contract with one or more independent organizations to conduct the proceedings. The independent organization handling a dispute shall be independent of either party to the dispute.
(2)CA Health & Safety Code § 1371.30(c)(2) The department shall establish conflict-of-interest standards, consistent with the purposes of this section, that an organization shall meet in order to qualify to administer the independent dispute resolution program. The conflict-of-interest standards shall be consistent with the standards pursuant to subdivisions (c) and (d) of Section 1374.32.
(3)CA Health & Safety Code § 1371.30(c)(3)  The department may contract with the same independent organization or organizations as the Department of Insurance.
(4)CA Health & Safety Code § 1371.30(c)(4) The department shall provide, upon the request of an interested person, a copy of all nonproprietary information, as determined by the director, filed with the department by an independent organization seeking to contract with the department to administer the independent dispute resolution process pursuant to this section. The department may charge a nominal fee to cover the costs of providing a copy of the information pursuant to this paragraph.
(5)CA Health & Safety Code § 1371.30(c)(5) The independent organization retained to conduct proceedings shall be deemed to be consultants for purposes of Section 43.98 of the Civil Code.
(6)CA Health & Safety Code § 1371.30(c)(6)  Contracts entered into pursuant to the authority in this subdivision shall be exempt from Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, Section 19130 of the Government Code, and Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of the Government Code and shall be exempt from the review or approval of any division of the Department of General Services.
(d)CA Health & Safety Code § 1371.30(d) The decision obtained through the department’s independent dispute resolution process shall be binding on both parties. The plan shall implement the decision obtained through the independent dispute resolution process. If dissatisfied, either party may pursue any right, remedy, or penalty established under any other applicable law.
(e)CA Health & Safety Code § 1371.30(e) This section shall not apply to a Medi-Cal managed health care service plan or any entity that enters into a contract with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000), Chapter 8 (commencing with Section 14200), and Chapter 8.75 (commencing with Section 14591) of Part 3 of Division 9 of the Welfare and Institutions Code.
(f)CA Health & Safety Code § 1371.30(f) If a health care service plan delegates payment functions to a contracted entity, including, but not limited to, a medical group or independent practice association, then the delegated entity shall comply with this section.
(g)CA Health & Safety Code § 1371.30(g) This section shall not apply to emergency services and care, as defined in Section 1317.1.
(h)CA Health & Safety Code § 1371.30(h) The definitions in subdivision (f) of Section 1371.9 shall apply for purposes of this section.
(i)CA Health & Safety Code § 1371.30(i) This section shall not be construed to alter a health care service plan’s obligations pursuant to Sections 1371 and 1371.4.
(j)CA Health & Safety Code § 1371.30(j) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section by means of all-plan letters or similar instructions, without taking regulatory action, until the time regulations are adopted.
(k)CA Health & Safety Code § 1371.30(k) By January 1, 2019, the department shall provide a report to the Governor, the President pro Tempore of the Senate, the Speaker of the Assembly, and the Senate and Assembly Committees on Health of the data and information provided in the independent dispute resolution process in a manner and format specified by the Legislature.

Section § 1371.31

Explanation

This law outlines how health care service plans in California should reimburse noncontracting individual health professionals for services, effective July 1, 2017. If no agreement is reached, plans must reimburse the greater of the average contracted rate or 125% of Medicare reimbursement for similar services in the region. Health plans need to report their average rates and the methods used to calculate these rates to the department, which will develop a standardized method by January 1, 2019. Disputes over payments can be resolved through an independent dispute resolution process.

Plans must ensure network adequacy and may need to use a database to determine fair rates if they don't have enough data themselves. This section does not apply to Medi-Cal managed plans, emergency services, or impact existing plan obligations. Non-emergency service payments should cover costs fully unless further dispute resolution is used. Affected entities must comply or face regulatory consequences.

(a)Copy CA Health & Safety Code § 1371.31(a)
(1)Copy CA Health & Safety Code § 1371.31(a)(1) For services rendered subject to Section 1371.9, effective July 1, 2017, unless otherwise agreed to by the noncontracting individual health professional and the plan, the plan shall reimburse the greater of the average contracted rate or 125 percent of the amount Medicare reimburses on a fee-for-service basis for the same or similar services in the general geographic region in which the services were rendered. For the purposes of this section, “average contracted rate” means the average of the contracted commercial rates paid by the health plan or delegated entity for the same or similar services in the geographic region. This subdivision does not apply to subdivision (c) of Section 1371.9 or subdivision (b) of this section.
(2)Copy CA Health & Safety Code § 1371.31(a)(2)
(A)Copy CA Health & Safety Code § 1371.31(a)(2)(A) By July 1, 2017, each health care service plan and its delegated entities shall provide to the department all of the following:
(i)CA Health & Safety Code § 1371.31(a)(2)(A)(i) Data listing its average contracted rates for the plan for services most frequently subject to Section 1371.9 in each geographic region in which the services are rendered for the calendar year 2015.
(ii)CA Health & Safety Code § 1371.31(a)(2)(A)(ii) Its methodology for determining the average contracted rate for the plan for services subject to Section 1371.9. The methodology to determine an average contracted rate shall ensure that the plan includes the highest and lowest contracted rates for the calendar year 2015.
(iii)CA Health & Safety Code § 1371.31(a)(2)(A)(iii) The policies and procedures used to determine the average contracted rates under this subdivision.
(B)CA Health & Safety Code § 1371.31(a)(2)(A)(B) For each calendar year after the plan’s initial submission of the average contracted rate as specified in subparagraph (A) and until the standardized methodology under paragraph (3) is specified, a health care service plan and the plan’s delegated entities shall adjust the rate initially established pursuant to this subdivision by the Consumer Price Index for Medical Care Services, as published by the United States Bureau of Labor Statistics.
(3)Copy CA Health & Safety Code § 1371.31(a)(3)
(A)Copy CA Health & Safety Code § 1371.31(a)(3)(A) By January 1, 2019, the department shall specify a methodology that plans and delegated entities shall use to determine the average contracted rates for services most frequently subject to Section 1371.9. This methodology shall take into account, at a minimum, information from the independent dispute resolution process, the specialty of the individual health professional, and the geographic region in which the services are rendered. The methodology to determine an average contracted rate shall ensure that the plan includes the highest and lowest contracted rates.
(B)CA Health & Safety Code § 1371.31(a)(3)(A)(B) Health care service plans and delegated entities shall provide to the department the policies and procedures used to determine the average contracted rates in compliance with subparagraph (A).
(C)CA Health & Safety Code § 1371.31(a)(3)(A)(C) If, based on the health care service plan’s model, a health care service plan does not pay a statistically significant number or dollar amount of claims for services covered under Section 1371.9, the health care service plan shall demonstrate to the department that it has access to a statistically credible database reflecting rates paid to noncontracting individual health professionals for services provided in a geographic region and shall use that database to determine an average contracted rate required pursuant to paragraph (1).
(D)CA Health & Safety Code § 1371.31(a)(3)(A)(D) The department shall review the information filed pursuant to this subdivision as part of its examination of fiscal and administrative affairs pursuant to Section 1382.
(E)CA Health & Safety Code § 1371.31(a)(3)(A)(E) The average contracted rate data submitted pursuant to this section shall be confidential and not subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(F)CA Health & Safety Code § 1371.31(a)(3)(A)(F) In developing the standardized methodology under this subdivision, the department shall consult with interested parties throughout the process of developing the standards, including the Department of Insurance, representatives of health plans, insurers, health care providers, hospitals, consumer advocates, and other stakeholders it deems appropriate. The department shall hold the first stakeholder meeting no later than July 1, 2017.
(4)CA Health & Safety Code § 1371.31(a)(4) A health care service plan shall include in its reports submitted to the department pursuant to Section 1367.035 and regulations adopted pursuant to that section, in a manner specified by the department, the number of payments made to noncontracting individual health professionals for services at a contracting health facility and subject to Section 1371.9, as well as other data sufficient to determine the proportion of noncontracting individual health professionals to contracting individual health professionals at contracting health facilities, as defined in subdivision (f) of Section 1371.9. The department shall include a summary of this information in its January 1, 2019, report required pursuant to subdivision (k) of Section 1371.30 and its findings regarding the impact of the act that added this section on health care service plan contracting and network adequacy.
(5)CA Health & Safety Code § 1371.31(a)(5) A health care service plan that provides services subject to Section 1371.9 shall meet the network adequacy requirements set forth in this chapter, including, but not limited to, subdivisions (d) and (e) of Section 1367 of this code and in Exhibits (H) and (I) of subdivision (d) of Section 1300.51 of, and Sections 1300.67.2 and 1300.67.2.1 of, Title 28 of the California Code of Regulations, including, but not limited to, inpatient hospital services and specialist physician services, and if necessary, the department may adopt additional regulations related to those services. This section shall not be construed to limit the director’s authority under this chapter.
(6)CA Health & Safety Code § 1371.31(a)(6) For purposes of this section for Medicare fee-for-service reimbursement, geographic regions shall be the geographic regions specified for physician reimbursement for Medicare fee-for-service by the United States Department of Health and Human Services.
(7)CA Health & Safety Code § 1371.31(a)(7) A health care service plan shall authorize and permit assignment of the enrollee’s right, if any, to any reimbursement for health care services covered under the plan contract to a noncontracting individual health professional who furnishes the health care services rendered subject to Section 1371.9. Lack of assignment pursuant to this paragraph shall not be construed to limit the applicability of this section, Section 1371.30, or Section 1371.9.
(8)CA Health & Safety Code § 1371.31(a)(8) A noncontracting individual health professional, health care service plan, or health care service plan’s delegated entity who disputes the claim reimbursement under this section shall utilize the independent dispute resolution process described in Section 1371.30.
(b)CA Health & Safety Code § 1371.31(b) If nonemergency services are provided by a noncontracting individual health professional consistent with subdivision (c) of Section 1371.9 to an enrollee who has voluntarily chosen to use the enrollee’s out-of-network benefit for services covered by a plan that includes coverage for out-of-network benefits, unless otherwise agreed to by the plan and the noncontracting individual health professional, the amount paid by the health care service plan shall be the amount set forth in the enrollee’s evidence of coverage. This payment is not subject to the independent dispute resolution process described in Section 1371.30.
(c)CA Health & Safety Code § 1371.31(c) If a health care service plan delegates the responsibility for payment of claims to a contracted entity, including, but not limited to, a medical group or independent practice association, then the entity to which that responsibility is delegated shall comply with the requirements of this section.
(d)Copy CA Health & Safety Code § 1371.31(d)
(1)Copy CA Health & Safety Code § 1371.31(d)(1) A payment made by the health care service plan to the noncontracting health care professional for nonemergency services as required by Section 1371.9 and this section, in addition to the applicable cost sharing owed by the enrollee, shall constitute payment in full for nonemergency services rendered unless either party uses the independent dispute resolution process or other lawful means pursuant to Section 1371.30.
(2)CA Health & Safety Code § 1371.31(d)(2) Notwithstanding any other law, the amounts paid by a plan for services under this section shall not constitute the prevailing or customary charges, the usual fees to the general public, or other charges for other payers for an individual health professional.
(3)CA Health & Safety Code § 1371.31(d)(3) This subdivision shall not preclude the use of the independent dispute resolution process pursuant to Section 1371.30.
(e)CA Health & Safety Code § 1371.31(e) This section shall not apply to a Medi-Cal managed health care service plan or any other entity that enters into a contract with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000), Chapter 8 (commencing with Section 14200), and Chapter 8.75 (commencing with Section 14591) of Part 3 of Division 9 of the Welfare and Institutions Code.
(f)CA Health & Safety Code § 1371.31(f) This section shall not apply to emergency services and care, as defined in Section 1317.1.
(g)CA Health & Safety Code § 1371.31(g) The definitions in subdivision (f) of Section 1371.9 shall apply for purposes of this section.
(h)CA Health & Safety Code § 1371.31(h) This section shall not be construed to alter a health care service plan’s obligations pursuant to Sections 1371 and 1371.4.

Section § 1371.34

Explanation

If a person enrolled in a health care plan has a problem with delayed or denied claim payments, their complaint is treated like a grievance. This means it follows specific rules under another section, even if they don't call it a grievance. However, this doesn't apply to special types of health care plans. This rule will start being used on January 1, 2026.

(a)CA Health & Safety Code § 1371.34(a) A complaint made by an enrollee to a health care service plan about a delay or denial of a payment of a claim shall be treated as a grievance subject to Section 1368 whether or not the enrollee uses the term “grievance” as part of the complaint. This section does not apply to specialized health care service plans.
(b)CA Health & Safety Code § 1371.34(b) This section shall become operative on January 1, 2026.

Section § 1371.35

Explanation

This law outlines how health care service plans, including HMOs, must handle and process claims. They are required to reimburse complete claims within 30 or 45 working days, depending on their type. If claims are contested or denied, the plan must inform the claimant within the same timeframe, specifying any missing info or reasons for denial. If undisputed claims are late, the plan must pay interest or a penalty. The statute also clarifies what constitutes a complete claim for institutional and professional providers and outlines processes for when additional information is needed or claims are disputed. Some exceptions apply, such as claims involving fraud. Providers cannot be asked to waive these rights, and this rule doesn't cover certain payment types. This law is valid until January 1, 2026.

(a)CA Health & Safety Code § 1371.35(a)  A health care service plan, including a specialized health care service plan, shall reimburse each complete claim, or portion thereof, whether in state or out of state, as soon as practical, but no later than 30 working days after receipt of the complete claim by the health care service plan, or if the health care service plan is a health maintenance organization, 45 working days after receipt of the complete claim by the health care service plan. However, a plan may contest or deny a claim, or portion thereof, by notifying the claimant, in writing, that the claim is contested or denied, within 30 working days after receipt of the claim by the health care service plan, or if the health care service plan is a health maintenance organization, 45 working days after receipt of the claim by the health care service plan. The notice that a claim, or portion thereof, is contested shall identify the portion of the claim that is contested, by revenue code, and the specific information needed from the provider to reconsider the claim. The notice that a claim, or portion thereof, is denied shall identify the portion of the claim that is denied, by revenue code, and the specific reasons for the denial. A plan may delay payment of an uncontested portion of a complete claim for reconsideration of a contested portion of that claim so long as the plan pays those charges specified in subdivision (b).
(b)CA Health & Safety Code § 1371.35(b)  If a complete claim, or portion thereof, that is neither contested nor denied, is not reimbursed by delivery to the claimant’s address of record within the respective 30 or 45 working days after receipt, the plan shall pay the greater of fifteen dollars ($15) per year or interest at the rate of 15 percent per annum beginning with the first calendar day after the 30- or 45-working-day period. A health care service plan shall automatically include the fifteen dollars ($15) per year or interest due in the payment made to the claimant, without requiring a request therefor.
(c)CA Health & Safety Code § 1371.35(c)  For the purposes of this section, a claim, or portion thereof, is reasonably contested if the plan has not received the completed claim. A paper claim from an institutional provider shall be deemed complete upon submission of a legible emergency department report and a completed UB 92 or other format adopted by the National Uniform Billing Committee, and reasonable relevant information requested by the plan within 30 working days of receipt of the claim. An electronic claim from an institutional provider shall be deemed complete upon submission of an electronic equivalent to the UB 92 or other format adopted by the National Uniform Billing Committee, and reasonable relevant information requested by the plan within 30 working days of receipt of the claim. However, if the plan requests a copy of the emergency department report within the 30 working days after receipt of the electronic claim from the institutional provider, the plan may also request additional reasonable relevant information within 30 working days of receipt of the emergency department report, at which time the claim shall be deemed complete. A claim from a professional provider shall be deemed complete upon submission of a completed HCFA 1500 or its electronic equivalent or other format adopted by the National Uniform Billing Committee, and reasonable relevant information requested by the plan within 30 working days of receipt of the claim. The provider shall provide the plan reasonable relevant information within 10 working days of receipt of a written request that is clear and specific regarding the information sought. If, as a result of reviewing the reasonable relevant information, the plan requires further information, the plan shall have an additional 15 working days after receipt of the reasonable relevant information to request the further information, notwithstanding any time limit to the contrary in this section, at which time the claim shall be deemed complete.
(d)CA Health & Safety Code § 1371.35(d)  This section shall not apply to claims about which there is evidence of fraud and misrepresentation, to eligibility determinations, or in instances where the plan has not been granted reasonable access to information under the provider’s control. A plan shall specify, in a written notice sent to the provider within the respective 30- or 45-working days of receipt of the claim, which, if any, of these exceptions applies to a claim.
(e)CA Health & Safety Code § 1371.35(e)  If a claim or portion thereof is contested on the basis that the plan has not received information reasonably necessary to determine payer liability for the claim or portion thereof, then the plan shall have 30 working days or, if the health care service plan is a health maintenance organization, 45 working days after receipt of this additional information to complete reconsideration of the claim. If a claim, or portion thereof, undergoing reconsideration is not reimbursed by delivery to the claimant’s address of record within the respective 30 or 45 working days after receipt of the additional information, the plan shall pay the greater of fifteen dollars ($15) per year or interest at the rate of 15 percent per annum beginning with the first calendar day after the 30- or 45-working-day period. A health care service plan shall automatically include the fifteen dollars ($15) per year or interest due in the payment made to the claimant, without requiring a request therefor.
(f)CA Health & Safety Code § 1371.35(f)  The obligation of the plan to comply with this section shall not be deemed to be waived when the plan requires its medical groups, independent practice associations, or other contracting entities to pay claims for covered services. This section shall not be construed to prevent a plan from assigning, by a written contract, the responsibility to pay interest and late charges pursuant to this section to medical groups, independent practice associations, or other entities.
(g)CA Health & Safety Code § 1371.35(g)  A plan shall not delay payment on a claim from a physician or other provider to await the submission of a claim from a hospital or other provider, without citing specific rationale as to why the delay was necessary and providing a monthly update regarding the status of the claim and the plan’s actions to resolve the claim, to the provider that submitted the claim.
(h)CA Health & Safety Code § 1371.35(h)  A health care service plan shall not request or require that a provider waive its rights pursuant to this section.
(i)CA Health & Safety Code § 1371.35(i)  This section shall not apply to capitated payments.
(j)CA Health & Safety Code § 1371.35(j)  This section shall apply only to claims for services rendered to a patient who was provided emergency services and care as defined in Section 1317.1 in the United States on or after September 1, 1999.
(k)CA Health & Safety Code § 1371.35(k)  This section shall not be construed to affect the rights or obligations of any person pursuant to Section 1371.
(l)CA Health & Safety Code § 1371.35(l)  This section shall not be construed to affect a written agreement, if any, of a provider to submit bills within a specified time period.
(m)CA Health & Safety Code § 1371.35(m)  This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

Section § 1371.35

Explanation

This law requires health care service plans to pay or contest claims within 30 days of receiving them. If a claim is contested or denied, the plan must notify the provider and explain which part of the claim is affected and why. If claims aren't paid within 30 days, the plan has to pay 15% interest per year automatically. Claims are considered complete with specific forms and information. Certain exceptions like fraud or lack of requested information allow for delays, but the plan must detail these in writing.

The law doesn't apply to capitated payments or alter existing agreements about claim submissions. Health care plans can't make providers waive their rights under this law. Payments can't be delayed pending other provider submissions without justification and regular updates. This law only affects emergency services claims from after September 1, 1999, and becomes operational on January 1, 2026.

(a)Copy CA Health & Safety Code § 1371.35(a)
(1)Copy CA Health & Safety Code § 1371.35(a)(1) A health care service plan, including a specialized health care service plan, shall reimburse a complete claim or portion thereof, whether in state or out of state, as soon as practicable, but no later than 30 calendar days after receipt of the claim by the health care service plan. If a claim or portion thereof does not meet the criteria for a complete claim or the criteria for coverage under the plan contract, a health care service plan shall notify the claimant, in writing, that the claim or portion thereof is contested or denied, as soon as practicable, but no later than 30 calendar days after receipt of the claim by the health care service plan.
(2)CA Health & Safety Code § 1371.35(a)(2) The notice that a claim or portion thereof, is contested shall identify the portion of the claim that is contested, by procedure or revenue code, and the specific information needed from the provider to reconsider the claim, including any defect or impropriety or additional information needed to adjudicate the claim.
(3)CA Health & Safety Code § 1371.35(a)(3) The notice that a claim or portion thereof, is denied shall identify the portion of the claim that is denied, by procedure or revenue code, and the specific reasons for the denial, including any defect or impropriety.
(b)CA Health & Safety Code § 1371.35(b) If a claim, or portion thereof, is not reimbursed by delivery to the claimant’s address of record within 30 calendar days after receipt, the plan shall pay interest at a rate of 15 percent per annum beginning with the first calendar day after the 30-calendar-day period. A health care service plan shall automatically include all interest that has accrued pursuant to this section in the payment made to the claimant, without requiring a request therefor. A plan failing to comply with this requirement shall pay the claimant the greater of an additional fifteen dollars ($15) or a fee of 10 percent of the accrued interest.
(c)CA Health & Safety Code § 1371.35(c) For the purposes of this section, a claim, or portion thereof, is reasonably contested if the plan has not received the completed claim. A paper claim from an institutional provider shall be deemed complete upon submission of a legible emergency department report and a completed UB 92 or other format adopted by the National Uniform Billing Committee, and reasonable relevant information requested by the plan within 30 calendar days of receipt of the claim. An electronic claim from an institutional provider shall be deemed complete upon submission of an electronic equivalent to the UB 92 or other format adopted by the National Uniform Billing Committee, and reasonable relevant information requested by the plan within 30 calendar days of receipt of the claim. However, if the plan requests a copy of the emergency department report within the 30 calendar days after receipt of the electronic claim from the institutional provider, the plan may also request additional reasonable relevant information within 30 calendar days of receipt of the emergency department report, at which time the claim shall be deemed complete. A claim from a professional provider shall be deemed complete upon submission of a completed HCFA 1500 or its electronic equivalent or other format adopted by the National Uniform Billing Committee, and reasonable relevant information requested by the plan within 30 calendar days of receipt of the claim. The provider shall provide the plan reasonable relevant information within 10 working days of receipt of a written request that is clear and specific regarding the information sought. If, as a result of reviewing the reasonable relevant information, the plan requires further information, the plan shall have an additional 15 calendar days after receipt of the reasonable relevant information to request the further information, notwithstanding any time limit to the contrary in this section, at which time the claim shall be deemed complete.
(d)CA Health & Safety Code § 1371.35(d) This section shall not apply to claims about which there is evidence of fraud and misrepresentation, to eligibility determinations, or in instances where the plan has not been granted reasonable access to information under the provider’s control. A plan shall specify, in a written notice sent to the provider within 30 calendar days of receipt of the claim, which, if any, of these exceptions applies to a claim.
(e)CA Health & Safety Code § 1371.35(e) If a claim or portion thereof is contested on the basis that the plan has not received information reasonably necessary to determine payer liability for the claim or portion thereof, then the plan shall have 30 calendar days after receipt of this additional information to complete reconsideration of the claim. If a claim, or portion thereof, undergoing reconsideration is not reimbursed by delivery to the claimant’s address of record within 30 calendar days after receipt of the additional information, the plan shall pay interest at the rate of 15 percent per annum beginning with the first calendar day after the 30-calendar-day period. A health care service plan shall automatically include the interest due in the payment made to the claimant, without requiring a request therefor.
(f)CA Health & Safety Code § 1371.35(f) The obligation of the plan to comply with this section shall not be deemed to be waived when the plan requires its medical groups, independent practice associations, or other contracting entities to pay claims for covered services. This section shall not be construed to prevent a plan from assigning, by a written contract, the responsibility to pay interest and late charges pursuant to this section to medical groups, independent practice associations, or other entities.
(g)CA Health & Safety Code § 1371.35(g) A plan shall not delay payment on a claim from a physician or other provider to await the submission of a claim from a hospital or other provider, without citing specific rationale as to why the delay was necessary and providing a monthly update regarding the status of the claim and the plan’s actions to resolve the claim, to the provider that submitted the claim.
(h)CA Health & Safety Code § 1371.35(h) A health care service plan shall not request or require that a provider waive its rights pursuant to this section.
(i)CA Health & Safety Code § 1371.35(i) This section shall not apply to capitated payments.
(j)CA Health & Safety Code § 1371.35(j) This section shall apply only to claims for services rendered to a patient who was provided emergency services and care as defined in Section 1317.1 in the United States on or after September 1, 1999.
(k)CA Health & Safety Code § 1371.35(k) This section shall not be construed to affect the rights or obligations of any person pursuant to Section 1371.
(l)CA Health & Safety Code § 1371.35(l) This section shall not be construed to affect a written agreement, if any, of a provider to submit bills within a specified time period.
(m)CA Health & Safety Code § 1371.35(m) The department may issue compliance guidance and amend regulations for consistency with this section. The guidance and amendments shall not be subject to the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) until December 31, 2027.
(n)CA Health & Safety Code § 1371.35(n) This section shall become operative on January 1, 2026.

Section § 1371.36

Explanation

This law states that a health care service plan cannot refuse to pay a claim because the required authorization wasn't given beforehand, as long as certain conditions are met. These are: the services were medically necessary, they were provided outside normal business hours, and the plan didn't have a way for quick communication, like email or voicemail, to give authorization within 30 minutes. However, this doesn't apply to experimental therapies or services not covered by the plan.

(a)CA Health & Safety Code § 1371.36(a)  A health care service plan shall not deny payment of a claim on the basis that the plan, medical group, independent practice association, or other contracting entity did not provide authorization for health care services that were provided in a licensed acute care hospital and that were related to services that were previously authorized, if all of the following conditions are met:
(1)CA Health & Safety Code § 1371.36(a)(1)  It was medically necessary to provide the services at the time.
(2)CA Health & Safety Code § 1371.36(a)(2)  The services were provided after the plan’s normal business hours.
(3)CA Health & Safety Code § 1371.36(a)(3)  The plan does not maintain a system that provides for the availability of a plan representative or an alternative means of contact through an electronic system, including voicemail or electronic mail, whereby the plan can respond to a request for authorization within 30 minutes of the time that a request was made.
(b)CA Health & Safety Code § 1371.36(b)  This section shall not apply to investigational or experimental therapies, or other noncovered services.

Section § 1371.37

Explanation

This law prevents health care service plans from practicing unfair payment methods, which include delays in claim payments, unjustified reductions or denials of claims, and failing to pay interest on claims. If a health plan engages in such behavior, the director can investigate, impose penalties, and require changes to ensure quicker future payments. Health plans can't avoid their responsibility by delegating liability, and any penalties will not affect other contractual obligations.

The definition of what constitutes an unfair payment pattern is detailed by the department, and there are mechanisms to report and share information on enforcement actions. Even during penalty periods, providers must repay any overpayments they receive.

(a)CA Health & Safety Code § 1371.37(a)  A health care service plan is prohibited from engaging in an unfair payment pattern, as defined in this section.
(b)CA Health & Safety Code § 1371.37(b)  Consistent with subdivision (a) of Section 1371.39, the director may investigate a health care service plan to determine whether it has engaged in an unfair payment pattern.
(c)CA Health & Safety Code § 1371.37(c)  An “unfair payment pattern,” as used in this section, means any of the following:
(1)CA Health & Safety Code § 1371.37(c)(1)  Engaging in a demonstrable and unjust pattern, as defined by the department, of reviewing or processing complete and accurate claims that results in payment delays.
(2)CA Health & Safety Code § 1371.37(c)(2)  Engaging in a demonstrable and unjust pattern, as defined by the department, of reducing the amount of payment or denying complete and accurate claims.
(3)CA Health & Safety Code § 1371.37(c)(3)  Failing on a repeated basis to pay the uncontested portions of a claim within the timeframes specified in Section 1371, 1371.1, or 1371.35.
(4)CA Health & Safety Code § 1371.37(c)(4)  Failing on a repeated basis to automatically include the interest due on claims pursuant to Section 1371.
(d)Copy CA Health & Safety Code § 1371.37(d)
(1)Copy CA Health & Safety Code § 1371.37(d)(1)  Upon a final determination by the director that a health care service plan has engaged in an unfair payment pattern, the director may:
(A)CA Health & Safety Code § 1371.37(d)(1)(A)  Impose monetary penalties as permitted under this chapter.
(B)CA Health & Safety Code § 1371.37(d)(1)(B)  Require the health care service plan for a period of three years from the date of the director’s determination, or for a shorter period prescribed by the director, to pay complete and accurate claims from the provider within a shorter period of time than that required by Section 1371. The provisions of this subparagraph shall not become operative until January 1, 2002.
(C)CA Health & Safety Code § 1371.37(d)(1)(C)  Include a claim for costs incurred by the department in any administrative or judicial action, including investigative expenses and the cost to monitor compliance by the plan.
(2)CA Health & Safety Code § 1371.37(d)(2)  For any overpayment made by a health care service plan while subject to the provisions of paragraph (1), the provider shall remain liable to the plan for repayment pursuant to Section 1371.1.
(e)CA Health & Safety Code § 1371.37(e)  The enforcement remedies provided in this section are not exclusive and shall not limit or preclude the use of any otherwise available criminal, civil, or administrative remedy.
(f)CA Health & Safety Code § 1371.37(f)  The penalties set forth in this section shall not preclude, suspend, affect, or impact any other duty, right, responsibility, or obligation under a statute or under a contract between a health care service plan and a provider.
(g)CA Health & Safety Code § 1371.37(g)  A health care service plan may not delegate any statutory liability under this section.
(h)CA Health & Safety Code § 1371.37(h)  For the purposes of this section, “complete and accurate claim” has the same meaning as that provided in the regulations adopted by the department pursuant to subdivision (a) of Section 1371.38.
(i)CA Health & Safety Code § 1371.37(i)  On or before December 31, 2001, the department shall report to the Legislature and the Governor information regarding the development of the definition of “unjust pattern” as used in this section. This report shall include, but not be limited to, a description of the process used and a list of the parties involved in the department’s development of this definition as well as recommendations for statutory adoption.
(j)CA Health & Safety Code § 1371.37(j)  The department shall make available upon request and on its website, information regarding actions taken pursuant to this section, including a description of the activities that were the basis for the action.

Section § 1371.38

Explanation

The California Department of Health is required to create rules by July 1, 2001, to ensure that health plans have a fair, quick, and cost-effective way to resolve disputes with both contracting and non-contracting providers. These rules must define what counts as a 'complete and accurate claim' with all necessary attachments and documentation.

By December 31, 2001, the department must also provide recommendations to the Governor and the Legislature for any additional laws needed to improve these dispute resolution processes.

(a)CA Health & Safety Code § 1371.38(a)  The department shall, on or before July 1, 2001, adopt regulations that ensure that plans have adopted a dispute resolution mechanism pursuant to subdivision (h) of Section 1367. The regulations shall require that any dispute resolution mechanism of a plan is fair, fast, and cost-effective for contracting and non-contracting providers and define the term “complete and accurate claim, including attachments and supplemental information or documentation.”
(b)CA Health & Safety Code § 1371.38(b)  On or before December 31, 2001, the department shall report to the Governor and the Legislature its recommendations for any additional statutory requirements relating to plan and provider dispute resolution mechanisms.

Section § 1371.39

Explanation

This section allows healthcare providers to report instances where they believe a health plan is unfairly handling payments, using things like a toll-free line or email. Similarly, health plans can report providers who they think are engaging in unfair billing, like incorrect claim bundling or exaggerating claim codes. Unfair billing is defined as repetitive, unjust billing practices. From July 1, 2019, onwards, the department must annually review these complaints and can decide to investigate further if there's evidence of an unfair payment pattern.

(a)CA Health & Safety Code § 1371.39(a) Providers may report to the department through the toll-free provider line, email address, or another method designated by the department, instances in which the provider believes a plan is engaging in an unfair payment pattern.
(b)CA Health & Safety Code § 1371.39(b) Plans may report to the department through the toll-free provider line, email address, or another method designated by the department, instances in which the plan believes a provider is engaging in an unfair billing pattern.
(c)CA Health & Safety Code § 1371.39(c) “Unfair billing pattern” means engaging in a demonstrable and unjust pattern of unbundling of claims, upcoding of claims, or other demonstrable and unjustified billing patterns, as defined by the department.
(d)CA Health & Safety Code § 1371.39(d) On or before July 1, 2019, and at least annually thereafter, the department shall review complaints filed pursuant to subdivision (a). If the review of complaint data indicates a possible unfair payment pattern, the department may conduct an audit or an enforcement action pursuant to subdivision (s) of Section 1300.71 of Title 28 of the California Code of Regulations.

Section § 1371.51

Explanation

Starting July 1, 2025, health care service plans in California must have a reimbursement process for services offered by community paramedicine, triage to alternate destinations, and mobile integrated health programs. If someone uses a non-contracted provider for these services, they should not pay more than if they used a contracted one. However, the reimbursement rates can't be higher than the standard charges set by the health plan.

A community paramedicine program is defined by specific criteria, a mobile integrated health program involves licensed practitioners offering mobile support services, and a triage to alternate destination program is also clearly defined.

(a)CA Health & Safety Code § 1371.51(a) A health care service plan contract issued, amended, or renewed on or after July 1, 2025, shall establish a process to reimburse for services provided by a community paramedicine program, triage to alternate destination program, or mobile integrated health program.
(b)Copy CA Health & Safety Code § 1371.51(b)
(1)Copy CA Health & Safety Code § 1371.51(b)(1) A health care service plan contract issued, amended, or renewed on or after July 1, 2025, shall require an enrollee who receives covered services from a noncontracting community paramedicine program, triage to alternate destination program, or mobile integrated health program to pay no more than the same cost-sharing amount that the enrollee would pay for the same covered services received from a contracting community paramedicine program, triage to alternate destination program, or mobile integrated health program.
(2)CA Health & Safety Code § 1371.51(b)(2) Notwithstanding any other law, reimbursement rates adopted pursuant to this subdivision shall not exceed the health care service plan’s usual and customary charges for services rendered.
(c)CA Health & Safety Code § 1371.51(c) For purposes of this section, the following definitions apply:
(1)CA Health & Safety Code § 1371.51(c)(1) “Community paramedicine program” means a program defined in Section 1815.
(2)CA Health & Safety Code § 1371.51(c)(2) “Mobile integrated health program” means a team of licensed health care practitioners, operating within their scope of practice, who provide mobile health services to support the emergency medical services system.
(3)CA Health & Safety Code § 1371.51(c)(3) “Triage to alternate destination program” means a program defined in Section 1819.

Section § 1371.55

Explanation

This law ensures that starting January 1, 2020, if you receive air ambulance services that are covered by your health plan but provided by a noncontracting provider (someone not under your plan's network), you'll only pay what you would for an in-network provider. This is called the "in-network cost-sharing amount." The extra costs won't be your responsibility.

The money you spend on these services counts towards your total out-of-pocket limit and deductible, just like services from in-network providers do.

If you don’t pay this amount, the provider can only try to collect this specific in-network cost-sharing from you. Also, disputes over payments can be taken to court or managed through existing dispute processes.

For Medi-Cal beneficiaries, protections against extra charges remain in place.

(a)Copy CA Health & Safety Code § 1371.55(a)
(1)Copy CA Health & Safety Code § 1371.55(a)(1) Notwithstanding Section 1367.11, a health care service plan contract issued, amended, or renewed on or after January 1, 2020, shall provide that if an enrollee receives covered services from a noncontracting air ambulance provider, the enrollee shall pay no more than the same cost-sharing amount that the enrollee would pay for the same covered services received from a contracting air ambulance provider. This amount shall be referred to as the “in-network cost-sharing amount.”
(2)CA Health & Safety Code § 1371.55(a)(2) An enrollee shall not owe the noncontracting provider more than the in-network cost-sharing amount for services subject to this section. At the time of payment by the plan to the noncontracting provider, the plan shall inform the enrollee and the noncontracting provider of the in-network cost-sharing amount owed by the enrollee.
(b)CA Health & Safety Code § 1371.55(b) The following shall apply for purposes of this section:
(1)CA Health & Safety Code § 1371.55(b)(1) Any cost sharing paid by the enrollee for the services subject to this section shall count toward the limit on annual out-of-pocket expenses established under Section 1367.006.
(2)CA Health & Safety Code § 1371.55(b)(2) Cost sharing arising from services subject to this section shall be counted toward any deductible in the same manner as cost sharing would be attributed to a contracting provider.
(3)CA Health & Safety Code § 1371.55(b)(3) The cost sharing paid by the enrollee pursuant to this section shall satisfy the enrollee’s obligation to pay cost sharing for the health service.
(c)CA Health & Safety Code § 1371.55(c) A noncontracting provider may advance to collections only the in-network cost-sharing amount, as determined by the plan pursuant to subdivision (a), that the enrollee failed to pay.
(d)CA Health & Safety Code § 1371.55(d) A health care service plan or a provider may seek relief in any court for the purpose of resolving a payment dispute. A provider is not prohibited from using a health care service plan’s existing dispute resolution processes.
(e)CA Health & Safety Code § 1371.55(e) Air ambulance service providers remain subject to the balance billing protections for Medi-Cal beneficiaries under Section 14019.4 of the Welfare and Institutions Code.

Section § 1371.56

Explanation

This law states that starting January 1, 2024, health plans in California must ensure that if an enrollee uses a noncontracted ground ambulance, they are only responsible for the same cost-sharing called 'in-network cost-sharing amounts' they would pay for an in-network provider. The amount paid by enrollees counts toward their annual out-of-pocket limits and any deductibles. Ambulance providers cannot pursue unpaid amounts beyond the in-network cost-sharing through credit reporting or aggressive collection actions for a year.

Instead, the health plan and local regulations determine reimbursement rates to the ambulance provider beyond what the enrollee pays. If there is no local rate, other regulations guide the payment. Payments by health plans to ambulance providers are considered full payments and don’t set a standard for other charges. Disputes over payments can be taken to court. Specific protections and exceptions apply to Medi-Cal beneficiaries, and this law doesn’t apply to certain state contracts.

(a)Copy CA Health & Safety Code § 1371.56(a)
(1)Copy CA Health & Safety Code § 1371.56(a)(1) Unless otherwise required by this chapter, a health care service plan contract issued, amended, or renewed on or after January 1, 2024, shall require an enrollee who receives covered services from a noncontracting ground ambulance provider to pay no more than the same cost-sharing amount that the enrollee would pay for the same covered services received from a contracting ground ambulance provider. This amount shall be referred to as the “in-network cost-sharing amount.”
(2)CA Health & Safety Code § 1371.56(a)(2) An enrollee shall not owe the noncontracting ground ambulance provider more than the in-network cost-sharing amount for services subject to this section. At the time of payment by the plan to the noncontracting provider, the plan shall inform the enrollee and the noncontracting provider of the in-network cost-sharing amount owed by the enrollee and shall disclose whether or not the enrollee’s coverage is regulated by the department or if the coverage is not state-regulated.
(b)Copy CA Health & Safety Code § 1371.56(b)
(1)Copy CA Health & Safety Code § 1371.56(b)(1) The in-network cost-sharing amount paid by the enrollee pursuant to this section shall count toward the limit on annual out-of-pocket expenses established under Section 1367.006.
(2)CA Health & Safety Code § 1371.56(b)(2) Cost sharing arising pursuant to this section shall count toward any deductible in the same manner as cost sharing would be attributed to a contracting provider.
(3)CA Health & Safety Code § 1371.56(b)(3) The in-network cost-sharing amount paid by the enrollee pursuant to this section shall satisfy the enrollee’s obligation to pay cost sharing for the health service.
(c)CA Health & Safety Code § 1371.56(c) A noncontracting ground ambulance provider shall only advance to collections the in-network cost-sharing amount, as determined by the plan pursuant to subdivision (a), that the enrollee failed to pay.
(1)CA Health & Safety Code § 1371.56(c)(1) A noncontracting ground ambulance provider, or an entity acting on its behalf, including a debt buyer or assignee of the debt, shall not do either of the following:
(A)CA Health & Safety Code § 1371.56(c)(1)(A) Report adverse information to a consumer credit reporting agency.
(B)CA Health & Safety Code § 1371.56(c)(1)(B) Commence civil action against the enrollee for a minimum of 12 months after the initial billing regarding amounts owed by the enrollee pursuant to subdivision (a).
(2)CA Health & Safety Code § 1371.56(c)(2) With respect to an enrollee, a noncontracting ground ambulance provider, or an entity acting on its behalf, including an assignee of the debt, shall not use wage garnishments or liens on primary residences as a means of collecting unpaid bills pursuant to this section.
(d)Copy CA Health & Safety Code § 1371.56(d)
(1)Copy CA Health & Safety Code § 1371.56(d)(1) Unless otherwise agreed to by the noncontracting ground ambulance provider and the health care service plan, the plan shall directly reimburse a noncontracting ground ambulance provider for ground ambulance services the difference between the in-network cost-sharing amount and an amount described, as follows:
(A)CA Health & Safety Code § 1371.56(d)(1)(A) If there is a rate established or approved by a local government, at the rate established or approved by the governing body of the local government having jurisdiction for that area or subarea, including an exclusive operating area pursuant to Section 1797.85.
(B)CA Health & Safety Code § 1371.56(d)(1)(B) If the local government having jurisdiction where the service was provided does not have an established or approved rate for that service, the amount established by Section 1300.71 (a)(3)(B) of Title 28 of the California Code of Regulations.
(2)CA Health & Safety Code § 1371.56(d)(2) A local government has jurisdiction over the ground ambulance transport if either of the following applies:
(A)CA Health & Safety Code § 1371.56(d)(2)(A) The ground ambulance transport is initiated within the boundaries of the local government’s regulatory jurisdiction.
(B)CA Health & Safety Code § 1371.56(d)(2)(B) In the case of ground ambulance transports provided on a mutual or automatic aid basis into another jurisdiction, the local government where the noncontracting ground ambulance provider is based.
(3)CA Health & Safety Code § 1371.56(d)(3) A payment made by the health care service plan to the noncontracting ground ambulance provider for services as required in subdivision (a), plus the applicable cost sharing owed by the enrollee, shall constitute payment in full for services rendered.
(4)CA Health & Safety Code § 1371.56(d)(4) Notwithstanding any other law, the amounts paid by a health care service plan for services under this section shall not constitute the prevailing or customary charges, the usual fees to the general public, or other charges for other payers for an individual ground ambulance provider.
(e)CA Health & Safety Code § 1371.56(e) A health care service plan or a provider may seek relief in any appropriate court for the purpose of resolving a payment dispute. A ground ambulance provider may use a health care service plan’s existing dispute resolution processes.
(f)CA Health & Safety Code § 1371.56(f) Ground ambulance service providers remain subject to the balance billing protections for Medi-Cal beneficiaries under Section 14019.4 of the Welfare and Institutions Code.
(g)CA Health & Safety Code § 1371.56(g) This section does not apply to a Medi-Cal managed health care service plan or any entity that enters into a contract with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000), Chapter 8 (commencing with Section 14200), and Chapter 8.75 (commencing with Section 14591) of Part 3 of Division 9 of the Welfare and Institutions Code.

Section § 1372

Explanation

This section states that health plans in California can offer contracts for regular or specialized health care services. However, specialized plans can't offer basic health services unless the director gives permission. Additionally, any advertising or contract forms that cover multiple plan types must be approved by the director.

Subject to the applicable provisions of this chapter, a plan may offer one or more plan contracts or specialized health care service plan contracts, except that a specialized health care service plan contract shall not offer one or more basic health care services except as may be permitted by rule or order of the director. Advertising, disclosure forms, contract forms, and evidences of coverage for more than one type of plan contract or specialized health care service plan contract, or both, may not be used except as authorized by the director pursuant to this chapter.

Section § 1373

Explanation

This law prohibits health plan contracts from having exceptions for people eligible for Medi-Cal or Medicaid benefits, meaning these beneficiaries can’t be denied enrollment, reduced benefits, or coverage exemptions. It also ensures that sterilization procedures are covered without restrictions related to the individual's reasons.

Newborns and adopted children receive immediate coverage, and coverage for dependents with disabilities continues past typical age limits if they are reliant on the subscriber. Health plans must allow for continued coverage if the plan changes providers, and such coverage is guaranteed until at least age 26, except in specific conditions outlined by the Affordable Care Act.

Plans with mental health coverage must be clear about what is included, cannot restrict provider choice from licensed professionals, and should communicate outpatient coverage availability. Arbitration agreements must be clearly defined in the contracts, and there are rules about coverage during breaks from school for dependents over 26 years old who are full-time students.

(a)Copy CA Health & Safety Code § 1373(a)
(1)Copy CA Health & Safety Code § 1373(a)(1) A plan contract may not provide an exception for other coverage if the other coverage is entitlement to Medi-Cal benefits under Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code, or Medicaid benefits under Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code.
(2)CA Health & Safety Code § 1373(a)(2) Each plan contract shall be interpreted not to provide an exception for the Medi-Cal or Medicaid benefits.
(3)CA Health & Safety Code § 1373(a)(3) A plan contract shall not provide an exemption for enrollment because of an applicant’s entitlement to Medi-Cal benefits under Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code, or Medicaid benefits under Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code.
(4)CA Health & Safety Code § 1373(a)(4) A plan contract may not provide that the benefits payable thereunder are subject to reduction if the individual insured has entitlement to the Medi-Cal or Medicaid benefits.
(b)Copy CA Health & Safety Code § 1373(b)
(1)Copy CA Health & Safety Code § 1373(b)(1) A plan contract that provides coverage, whether by specific benefit or by the effect of general wording, for sterilization operations or procedures shall not impose any disclaimer, restriction on, or limitation of, coverage relative to the covered individual’s reason for sterilization.
(2)CA Health & Safety Code § 1373(b)(2) As used in this section, “sterilization operations or procedures” shall have the same meaning as that specified in Section 10120 of the Insurance Code.
(c)CA Health & Safety Code § 1373(c) Every plan contract that provides coverage to the spouse or dependents of the subscriber or spouse shall grant immediate accident and sickness coverage, from and after the moment of birth, to each newborn infant of any subscriber or spouse covered and to each minor child placed for adoption from and after the date on which the adoptive child’s birth parent or other appropriate legal authority signs a written document, including, but not limited to, a health facility minor release report, a medical authorization form, or a relinquishment form, granting the subscriber or spouse the right to control health care for the adoptive child or, absent this written document, on the date there exists evidence of the subscriber’s or spouse’s right to control the health care of the child placed for adoption. No plan may be entered into or amended if it contains any disclaimer, waiver, or other limitation of coverage relative to the coverage or insurability of newborn infants of, or children placed for adoption with, a subscriber or spouse covered as required by this subdivision.
(d)Copy CA Health & Safety Code § 1373(d)
(1)Copy CA Health & Safety Code § 1373(d)(1) Every plan contract that provides that coverage of a dependent child of a subscriber shall terminate upon attainment of the limiting age for dependent children specified in the plan, shall also provide that attainment of the limiting age shall not operate to terminate the coverage of the child while the child is and continues to meet both of the following criteria:
(A)CA Health & Safety Code § 1373(d)(1)(A) Incapable of self-sustaining employment by reason of a physically or mentally disabling injury, illness, or condition.
(B)CA Health & Safety Code § 1373(d)(1)(B) Chiefly dependent upon the subscriber for support and maintenance.
(2)CA Health & Safety Code § 1373(d)(2) The plan shall notify the subscriber that the dependent child’s coverage will terminate upon attainment of the limiting age unless the subscriber submits proof of the criteria described in subparagraphs (A) and (B) of paragraph (1) to the plan within 60 days of the date of receipt of the notification. The plan shall send this notification to the subscriber at least 90 days prior to the date the child attains the limiting age. Upon receipt of a request by the subscriber for continued coverage of the child and proof of the criteria described in subparagraphs (A) and (B) of paragraph (1), the plan shall determine whether the child meets that criteria before the child attains the limiting age. If the plan fails to make the determination by that date, it shall continue coverage of the child pending its determination.
(3)CA Health & Safety Code § 1373(d)(3) The plan may subsequently request information about a dependent child whose coverage is continued beyond the limiting age under this subdivision but not more frequently than annually after the two-year period following the child’s attainment of the limiting age.
(4)CA Health & Safety Code § 1373(d)(4) If the subscriber changes carriers to another plan or to a health insurer, the new plan or insurer shall continue to provide coverage for the dependent child. The new plan or insurer may request information about the dependent child initially and not more frequently than annually thereafter to determine if the child continues to satisfy the criteria in subparagraphs (A) and (B) of paragraph (1). The subscriber shall submit the information requested by the new plan or insurer within 60 days of receiving the request.
(5)Copy CA Health & Safety Code § 1373(d)(5)
(A)Copy CA Health & Safety Code § 1373(d)(5)(A) Except as set forth in subparagraph (B), under no circumstances shall the limiting age be less than 26 years of age with respect to plan years beginning on or after September 23, 2010.
(B)CA Health & Safety Code § 1373(d)(5)(A)(B) For plan years beginning before January 1, 2014, a group health care service plan contract that qualifies as a grandfathered health plan under Section 1251 of the federal Patient Protection and Affordable Care Act (Public Law 111-148) and that makes available dependent coverage of children may exclude from coverage an adult child who has not attained 26 years of age only if the adult child is eligible to enroll in an eligible employer-sponsored health plan, as defined in Section 5000A(f)(2) of the Internal Revenue Code, other than a group health plan of a parent.
(C)Copy CA Health & Safety Code § 1373(d)(5)(A)(C)
(i)Copy CA Health & Safety Code § 1373(d)(5)(A)(C)(i) With respect to a child (I) whose coverage under a group or individual plan contract ended, or who was denied or not eligible for coverage under a group or individual plan contract, because under the terms of the contract the availability of dependent coverage of children ended before the attainment of 26 years of age, and (II) who becomes eligible for that coverage by reason of the application of this paragraph, the health care service plan shall give the child an opportunity to enroll that shall continue for at least 30 days. This opportunity and the notice described in clause (ii) shall be provided not later than the first day of the first plan year beginning on or after September 23, 2010, consistent with the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and any additional federal guidance or regulations issued by the United States Secretary of Health and Human Services.
(ii)CA Health & Safety Code § 1373(d)(5)(A)(C)(i)(ii)  The health care service plan shall provide written notice stating that a dependent described in clause (i) who has not attained 26 years of age is eligible to enroll in the plan for coverage. This notice may be provided to the dependent’s parent on behalf of the dependent. If the notice is included with other enrollment materials for a group plan, the notice shall be prominent.
(iii)CA Health & Safety Code § 1373(d)(5)(A)(C)(i)(iii) In the case of an individual who enrolls under this subparagraph, coverage shall take effect no later than the first day of the first plan year beginning on or after September 23, 2010.
(iv)CA Health & Safety Code § 1373(d)(5)(A)(C)(i)(iv) A dependent enrolling in a group health plan for coverage pursuant to this subparagraph shall be treated as a special enrollee as provided under the rules of Section 146.117(d) of Title 45 of the Code of Federal Regulations. The health care service plan shall offer the recipient of the notice all of the benefit packages available to similarly situated individuals who did not lose coverage by reason of cessation of dependent status. Any difference in benefits or cost-sharing requirements shall constitute a different benefit package. A dependent enrolling in a group health plan for coverage pursuant to this subparagraph shall not be required to pay more for coverage than similarly situated individuals who did not lose coverage by reason of cessation of dependent status.
(D)CA Health & Safety Code § 1373(d)(5)(A)(D) Nothing in this section shall require a health care service plan to make coverage available for a child of a child receiving dependent coverage. Nothing in this section shall be construed to modify the definition of “dependent” as used in the Revenue and Taxation Code with respect to the tax treatment of the cost of coverage.
(e)CA Health & Safety Code § 1373(e) A plan contract that provides coverage, whether by specific benefit or by the effect of general wording, for both an employee and one or more covered persons dependent upon the employee and provides for an extension of the coverage for any period following a termination of employment of the employee shall also provide that this extension of coverage shall apply to dependents upon the same terms and conditions precedent as applied to the covered employee, for the same period of time, subject to payment of premiums, if any, as required by the terms of the policy and subject to any applicable collective bargaining agreement.
(f)CA Health & Safety Code § 1373(f) A group contract shall not discriminate against handicapped persons or against groups containing handicapped persons. Nothing in this subdivision shall preclude reasonable provisions in a plan contract against liability for services or reimbursement of the handicap condition or conditions relating thereto, as may be allowed by rules of the director.
(g)CA Health & Safety Code § 1373(g) Every group contract shall set forth the terms and conditions under which subscribers and enrollees may remain in the plan in the event the group ceases to exist, the group contract is terminated, or an individual subscriber leaves the group, or the enrollees’ eligibility status changes.
(h)Copy CA Health & Safety Code § 1373(h)
(1)Copy CA Health & Safety Code § 1373(h)(1) A health care service plan or specialized health care service plan may provide for coverage of, or for payment for, professional mental health services, or vision care services, or for the exclusion of these services. If the terms and conditions include coverage for services provided in a general acute care hospital or an acute psychiatric hospital as defined in Section 1250 and do not restrict or modify the choice of providers, the coverage shall extend to care provided by a psychiatric health facility as defined in Section 1250.2 operating pursuant to licensure by the State Department of Health Care Services. A health care service plan that offers outpatient mental health services but does not cover these services in all of its group contracts shall communicate to prospective group contractholders as to the availability of outpatient coverage for the treatment of mental or nervous disorders.
(2)CA Health & Safety Code § 1373(h)(2) No plan shall prohibit the member from selecting any psychologist who is licensed pursuant to the Psychology Licensing Law (Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code), any optometrist who is the holder of a certificate issued pursuant to Chapter 7 (commencing with Section 3000) of Division 2 of the Business and Professions Code or, upon referral by a physician and surgeon licensed pursuant to the Medical Practice Act (Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code), (A) any marriage and family therapist who is the holder of a license under Section 4980.50 of the Business and Professions Code, (B) any licensed clinical social worker who is the holder of a license under Section 4996 of the Business and Professions Code, (C) any registered nurse licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, who possesses a master’s degree in psychiatric-mental health nursing and is listed as a psychiatric-mental health nurse by the Board of Registered Nursing, (D) any advanced practice registered nurse certified as a clinical nurse specialist pursuant to Article 9 (commencing with Section 2838) of Chapter 6 of Division 2 of the Business and Professions Code who participates in expert clinical practice in the specialty of psychiatric-mental health nursing, to perform the particular services covered under the terms of the plan, and the certificate holder is expressly authorized by law to perform these services, or (E) any professional clinical counselor who is the holder of a license under Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code.
(3)CA Health & Safety Code § 1373(h)(3) Nothing in this section shall be construed to allow any certificate holder or licensee enumerated in this section to perform professional mental health services beyond his or her field or fields of competence as established by his or her education, training, and experience.
(4)CA Health & Safety Code § 1373(h)(4) For the purposes of this section:
(A)CA Health & Safety Code § 1373(h)(4)(A) “Marriage and family therapist” means a licensed marriage and family therapist who has received specific instruction in assessment, diagnosis, prognosis, and counseling, and psychotherapeutic treatment of premarital, marriage, family, and child relationship dysfunctions, which is equivalent to the instruction required for licensure on January 1, 1981.
(B)CA Health & Safety Code § 1373(h)(4)(B) “Professional clinical counselor” means a licensed professional clinical counselor who has received specific instruction in assessment, diagnosis, prognosis, counseling, and psychotherapeutic treatment of mental and emotional disorders, which is equivalent to the instruction required for licensure on January 1, 2012.
(5)CA Health & Safety Code § 1373(h)(5) Nothing in this section shall be construed to allow a member to select and obtain mental health or psychological or vision care services from a certificate holder or licenseholder who is not directly affiliated with or under contract to the health care service plan or specialized health care service plan to which the member belongs. All health care service plans and individual practice associations that offer mental health benefits shall make reasonable efforts to make available to their members the services of licensed psychologists. However, a failure of a plan or association to comply with the requirements of the preceding sentence shall not constitute a misdemeanor.
(6)CA Health & Safety Code § 1373(h)(6) As used in this subdivision, “individual practice association” means an entity as defined in subsection (5) of Section 1307 of the federal Public Health Service Act (42 U.S.C. Sec. 300e-1(5)).
(7)CA Health & Safety Code § 1373(h)(7) Health care service plan coverage for professional mental health services may include community residential treatment services that are alternatives to inpatient care and that are directly affiliated with the plan or to which enrollees are referred by providers affiliated with the plan.
(i)CA Health & Safety Code § 1373(i) If the plan utilizes arbitration to settle disputes, the plan contracts shall set forth the type of disputes subject to arbitration, the process to be utilized, and how it is to be initiated.
(j)CA Health & Safety Code § 1373(j) A plan contract that provides benefits that accrue after a certain time of confinement in a health care facility shall specify what constitutes a day of confinement or the number of consecutive hours of confinement that are requisite to the commencement of benefits.
(k)CA Health & Safety Code § 1373(k) If a plan provides coverage for a dependent child who is over 26 years of age and enrolled as a full-time student at a secondary or postsecondary educational institution, the following shall apply:
(1)CA Health & Safety Code § 1373(k)(1) Any break in the school calendar shall not disqualify the dependent child from coverage.
(2)CA Health & Safety Code § 1373(k)(2) If the dependent child takes a medical leave of absence, and the nature of the dependent child’s injury, illness, or condition would render the dependent child incapable of self-sustaining employment, the provisions of subdivision (d) shall apply if the dependent child is chiefly dependent on the subscriber for support and maintenance.
(3)Copy CA Health & Safety Code § 1373(k)(3)
(A)Copy CA Health & Safety Code § 1373(k)(3)(A) If the dependent child takes a medical leave of absence from school, but the nature of the dependent child’s injury, illness, or condition does not meet the requirements of paragraph (2), the dependent child’s coverage shall not terminate for a period not to exceed 12 months or until the date on which the coverage is scheduled to terminate pursuant to the terms and conditions of the plan, whichever comes first. The period of coverage under this paragraph shall commence on the first day of the medical leave of absence from the school or on the date the physician and surgeon determines the illness prevented the dependent child from attending school, whichever comes first. Any break in the school calendar shall not disqualify the dependent child from coverage under this paragraph.
(B)CA Health & Safety Code § 1373(k)(3)(A)(B) Documentation or certification of the medical necessity for a leave of absence from school shall be submitted to the plan at least 30 days prior to the medical leave of absence from the school, if the medical reason for the absence and the absence are foreseeable, or 30 days after the start date of the medical leave of absence from school and shall be considered prima facie evidence of entitlement to coverage under this paragraph.
(4)CA Health & Safety Code § 1373(k)(4) This subdivision shall not apply to a specialized health care service plan or to a Medicare supplement plan.

Section § 1373.1

Explanation

Starting January 1, 1977, any group health insurance plan that includes hospital, medical, or surgical benefits for employees and their families must allow a covered dependent spouse to convert their coverage if they stop being a family member due to a divorce or the death of the employee. This means they can keep their coverage without needing a medical exam or proving they are healthy.

Every group plan entered into, amended, or renewed on or after January 1, 1977, which provides hospital, medical, or surgical expense benefits for employees or subscribers and their dependents, and which contains provisions granting the employee or subscriber the right to convert the coverage in the event of termination of employment or membership, shall include in such conversion provisions the same conversion rights and conditions to a covered dependent spouse of the employee or subscriber in the event the covered dependent spouse ceases to be a qualified family member by reason of termination of marriage or death of the employee or subscriber. Such conversion rights shall not require a physical examination or a statement of health.

Section § 1373.2

Explanation

If you have a group health insurance plan that started, changed, or renewed on or after January 1, 1976, and it offers hospital, medical, or surgical benefits, it must let you continue coverage if your job or membership ends. This law says your spouse has the same right to continue their coverage if you get divorced or if the marriage ends, so they can still have health insurance even after they are no longer considered a family member.

Every group health care service plan entered into, amended, or renewed on or after January 1, 1976, which provides hospital, medical, or surgical expense benefits for employees or subscribers and their dependents and which contains provisions granting the employee or subscriber the right to convert the coverage in the event of termination of employment or membership, shall include in such conversion provisions the same conversion rights and conditions to a covered dependent spouse of the employee or subscriber in the event the covered dependent spouse ceases to be a qualified family member by reason of termination of marriage.

Section § 1373.3

Explanation

You can choose any primary care doctor in your health plan's network who is available in the area where you live or work. This rule has been in place for all health plan contracts since January 1, 1996.

An enrollee shall not be prohibited from selecting as a primary care physician any available primary care physician who contracts with the plan in the service area where the enrollee lives or works. This section shall apply to any plan contract issued, amended, renewed, or delivered on or after January 1, 1996.

Section § 1373.4

Explanation

This California law mandates that health care plans offering maternity coverage cannot set copayments or deductibles for maternity services higher than those for other medical conditions. The rules apply to both hospital and outpatient maternity care. For plans providing maternity benefits, they cannot impose specific limitations on coverage or costs for complications of pregnancy unless these are standard for all medical benefits in the plan. If a pregnancy is ended, the deductible for prenatal care and delivery should reflect the actual medical services used, not exceeding two-thirds of the plan's standard maternity deductible. The law also defines 'involuntary complications of pregnancy' to include serious medical conditions like infection, cesarean delivery, and ectopic pregnancy. Lastly, it notes that this rule doesn't change Medi-Cal program's copayment rules.

(a)CA Health & Safety Code § 1373.4(a) No health care service plan contract that is issued, amended, renewed, or delivered on or after July 1, 2003, that provides maternity coverage shall do either of the following:
(1)CA Health & Safety Code § 1373.4(a)(1) Contain a copayment or deductible for inpatient hospital maternity services that exceeds the most common amount of the copayment or deductible contained in the contract for inpatient services provided for other covered medical conditions.
(2)CA Health & Safety Code § 1373.4(a)(2) Contain a copayment or deductible for ambulatory care maternity services that exceeds the most common amount of the copayment or deductible contained in the contract for ambulatory care services provided for other covered medical conditions.
(b)CA Health & Safety Code § 1373.4(b) No health care service plan that provides maternity benefits for a person covered continuously from conception shall be issued, amended, delivered, or renewed in this state if it contains any exclusion, reduction, or other limitations as to coverage, deductibles, or coinsurance provisions as to involuntary complications of pregnancy, unless the provisions apply generally to all benefits paid under the plan.
(c)CA Health & Safety Code § 1373.4(c) If the pregnancy is interrupted, the maternity deductible charged for prenatal care and delivery shall be based on the value of the medical services received, providing it is never more than two-thirds of the plan’s maternity deductible.
(d)CA Health & Safety Code § 1373.4(d) For purposes of this section, involuntary complications of pregnancy shall include, but not be limited to, puerperal infection, eclampsia, cesarean section delivery, ectopic pregnancy, and toxemia.
(e)CA Health & Safety Code § 1373.4(e) This section shall not permit copayments or deductibles in the Medi-Cal program that are not otherwise authorized under state or federal law.
(f)CA Health & Safety Code § 1373.4(f) This section shall become operative on July 1, 2003.

Section § 1373.5

Explanation

If a married couple works at separate jobs and both have health care plans from their employers covering their family, and both plans are under the same overall contract, they can combine their benefits to cover up to 100% of a medical expense or service. However, they can't exceed the total cost of the service or expense. This rule applies to all group health plans started, changed, or renewed in California on or after January 1, 1978.

When spouses are both employed as employees, and both have enrolled themselves and their eligible family members under a group health care service plan provided by their respective employers, and each spouse is covered as an employee under the terms of the same master contract, each spouse may claim on his or her behalf, or on behalf of his or her enrolled dependents, the combined maximum contractual benefits to which an employee is entitled under the terms of the master contract, not to exceed in the aggregate 100 percent of the charge for the covered expense or service.
This section shall apply to every group plan entered into, delivered, amended, or renewed in this state on or after January 1, 1978.

Section § 1373.6

Explanation

This California law outlines the rules for group health insurance contracts that provide hospital, medical, or surgical expense benefits when an employee's coverage ends. Employees can convert to an individual plan without having to prove they are healthy, unless certain conditions apply, like nonpayment or providing false information. Conversion is not required if the individual has other similar or government-provided health benefits or wasn't covered the last three months before termination.

This law does not apply to plans specially serving Medicare. There are specific rules for replacing or discontinuing such plans. Any notification about conversion coverage must be provided to employees in a timely manner.

The section also defines that applications for conversion and payment should be made within 63 days of coverage ending, covering the employee and dependents. It has specific guidelines about grandfathered health plans in relation to federal laws and the Affordable Care Act.

This section does not apply to a specialized health care service plan contract or to a plan contract that primarily or solely supplements Medicare. The director may adopt rules consistent with federal law to govern the discontinuance and replacement of plan contracts that primarily or solely supplement Medicare.
(a)Copy CA Health & Safety Code § 1373.6(a)
(1)Copy CA Health & Safety Code § 1373.6(a)(1) Every group contract entered into, amended, or renewed on or after September 1, 2003, that provides hospital, medical, or surgical expense benefits for employees or members shall provide that an employee or member whose coverage under the group contract has been terminated by the employer shall be entitled to convert to nongroup membership, without evidence of insurability, subject to the terms and conditions of this section.
(2)CA Health & Safety Code § 1373.6(a)(2) If the health care service plan provides coverage under an individual health care service plan contract, other than conversion coverage under this section, it shall offer one of the two plans that it is required to offer to a federally eligible defined individual pursuant to Section 1366.35. The plan shall provide this coverage at the same rate established under Section 1399.805 for a federally eligible defined individual. A health care service plan that is federally qualified under the federal Health Maintenance Organization Act (42 U.S.C. Sec. 300e et seq.) may charge a rate for the coverage that is consistent with the provisions of that act.
(3)CA Health & Safety Code § 1373.6(a)(3) If the health care service plan does not provide coverage under an individual health care service plan contract, it shall offer a health benefit plan contract that is the same as a health benefit contract offered to a federally eligible defined individual pursuant to Section 1366.35. The health care service plan may offer either the most popular health maintenance organization model plan or the most popular preferred provider organization plan, each of which has the greatest number of enrolled individuals for its type of plan as of January 1 of the prior year, as reported by plans that provide coverage under an individual health care service plan contract to the department or the Department of Insurance by January 31, 2003, and annually thereafter. A health care service plan subject to this paragraph shall provide this coverage with the same cost-sharing terms and at the same premium as a health care service plan providing coverage to that individual under an individual health care service plan contract pursuant to Section 1399.805. The health care service plan shall file the health benefit plan it will offer, including the premium it will charge and the cost-sharing terms of the plan, with the Department of Managed Health Care.
(b)CA Health & Safety Code § 1373.6(b) A conversion contract shall not be required to be made available to an employee or member if termination of his or her coverage under the group contract occurred for any of the following reasons:
(1)CA Health & Safety Code § 1373.6(b)(1) The group contract terminated or an employer’s participation terminated and the group contract is replaced by similar coverage under another group contract within 15 days of the date of termination of the group coverage or the subscriber’s participation.
(2)CA Health & Safety Code § 1373.6(b)(2) The employee or member failed to pay amounts due the health care service plan.
(3)CA Health & Safety Code § 1373.6(b)(3) The employee or member was terminated by the health care service plan from the plan for good cause.
(4)CA Health & Safety Code § 1373.6(b)(4) The employee or member knowingly furnished incorrect information or otherwise improperly obtained the benefits of the plan.
(5)CA Health & Safety Code § 1373.6(b)(5) The employer’s hospital, medical, or surgical expense benefit program is self-insured.
(c)CA Health & Safety Code § 1373.6(c) A conversion contract is not required to be issued to any person if any of the following facts are present:
(1)CA Health & Safety Code § 1373.6(c)(1) The person is covered by or is eligible for benefits under Title XVIII of the United States Social Security Act.
(2)CA Health & Safety Code § 1373.6(c)(2) The person is covered by or is eligible for hospital, medical, or surgical benefits under any arrangement of coverage for individuals in a group, whether insured or self-insured.
(3)CA Health & Safety Code § 1373.6(c)(3) The person is covered for similar benefits by an individual policy or contract.
(4)CA Health & Safety Code § 1373.6(c)(4) The person has not been continuously covered during the three-month period immediately preceding that person’s termination of coverage.
(d)CA Health & Safety Code § 1373.6(d) Benefits of a conversion contract shall meet the requirements for benefits under this chapter.
(e)CA Health & Safety Code § 1373.6(e) Unless waived in writing by the plan, written application and first premium payment for the conversion contract shall be made not later than 63 days after termination from the group. A conversion contract shall be issued by the plan which shall be effective on the day following the termination of coverage under the group contract if the written application and the first premium payment for the conversion contract are made to the plan not later than 63 days after the termination of coverage, unless these requirements are waived in writing by the plan.
(f)CA Health & Safety Code § 1373.6(f) The conversion contract shall cover the employee or member and his or her dependents who were covered under the group contract on the date of their termination from the group.
(g)CA Health & Safety Code § 1373.6(g) A notification of the availability of the conversion coverage shall be included in each evidence of coverage. However, it shall be the sole responsibility of the employer to notify its employees of the availability, terms, and conditions of the conversion coverage which responsibility shall be satisfied by notification within 15 days of termination of group coverage. Group coverage shall not be deemed terminated until the expiration of any continuation of the group coverage. For purposes of this subdivision, the employer shall not be deemed the agent of the plan for purposes of notification of the availability, terms, and conditions of conversion coverage.
(h)CA Health & Safety Code § 1373.6(h) As used in this section, “hospital, medical, or surgical benefits under state or federal law” do not include benefits under Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code, or Title XIX of the United States Social Security Act.
(i)CA Health & Safety Code § 1373.6(i) Every group contract entered into, amended, or renewed before September 1, 2003, shall be subject to the provisions of this section as it read prior to its amendment by Assembly Bill 1401 of the 2001–02 Regular Session.
(j)Copy CA Health & Safety Code § 1373.6(j)
(1)Copy CA Health & Safety Code § 1373.6(j)(1) On and after January 1, 2014, and except as provided in paragraph (2), this section shall apply only to individual grandfathered health plan contracts previously issued pursuant to this section to federally eligible defined individuals.
(2)CA Health & Safety Code § 1373.6(j)(2) If Section 5000A of the Internal Revenue Code, as added by Section 1501 of PPACA, is repealed or amended to no longer apply to the individual market, as defined in Section 2791 of the federal Public Health Service Act (42 U.S.C. Section 300gg-91), paragraph (1) shall become inoperative on the date of that repeal or amendment.
(3)CA Health & Safety Code § 1373.6(j)(3) For purposes of this subdivision, the following definitions apply:
(A)CA Health & Safety Code § 1373.6(j)(3)(A) “Grandfathered health plan” has the same meaning as that term is defined in Section 1251 of PPACA.
(B)CA Health & Safety Code § 1373.6(j)(3)(B) “PPACA” means the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care Education and Reconciliation Act of 2010 (Public Law 111-152), and any rules, regulations, or guidance issued pursuant to that law.

Section § 1373.7

Explanation

This law means that if you have a health care plan from outside California, and it includes psychological services for California residents, you can choose to see a psychologist who is licensed in California. This applies even if the psychologist isn’t licensed in the state where the insurance plan was created or issued.

A health care service plan contract, which is written or issued for delivery outside of California and which provides benefits for California residents that are within the scope of psychological practice, shall not be deemed to prohibit persons covered under the contract from selecting a psychologist licensed in California to perform the services in California which are within the terms of the contract even though the psychologist is not licensed in the state where the contract is written or issued for delivery.

Section § 1373.8

Explanation

This law states that if a health care plan operates in California and covers California residents, people covered by the plan can choose licensed California health providers for certain services, even if the plan is based or issued from another state. The services can be performed in California by licensed professionals like clinical social workers, psychiatric-mental health nurses, marriage and family therapists, and professional clinical counselors. Basically, if your insurance plan covers these mental health services, you can use California-licensed professionals even if the plan isn't from California.

The intention behind this law amendment from 1984 is to ensure that covered individuals can access benefits for services provided by certain licensed professionals in California.

A health care service plan contract where the plan is licensed to do business in this state and the plan provides coverage that includes California residents, but that may be written or issued for delivery outside of California, and where benefits are provided within the scope of practice of a licensed clinical social worker, a registered nurse licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code who possesses a master’s degree in psychiatric-mental health nursing and is listed as a psychiatric-mental health nurse by the Board of Registered Nursing, an advanced practice registered nurse who is certified as a clinical nurse specialist pursuant to Article 9 (commencing with Section 2838) of Chapter 6 of Division 2 of the Business and Professions Code who participates in expert clinical practice in the specialty of psychiatric-mental health nursing, a marriage and family therapist who is the holder of a license under Section 4980.50 of the Business and Professions Code, or a professional clinical counselor who is the holder of a license under Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code shall not be deemed to prohibit persons covered under the contract from selecting those licensed persons in California to perform the services in California that are within the terms of the contract even though the licensees are not licensed in the state where the contract is written or issued for delivery.
It is the intent of the Legislature in amending this section in the 1984 portion of the 1983–84 Legislative Session that persons covered by the contract and those providers of health care specified in this section who are licensed in California should be entitled to the benefits provided by the plan for services of those providers rendered to those persons.

Section § 1373.9

Explanation

This law requires health care service plans that negotiate contracts with professional providers at special rates to consider proposals from other licensed providers. These proposals must be reviewed in good faith before contracts are finalized or renewed.

"Reasonable consideration" implies evaluating proposals to make sure they are cost-effective and accessible without discriminating based on the provider's license type.

The law also clarifies what constitutes a professional provider and specifies that plans don’t need to consider new affiliations if their current setup already adequately covers a geographic area.

(a)CA Health & Safety Code § 1373.9(a)   Except in the case of a specialized health care service plan, a health care service plan which negotiates and enters into a contract with professional providers to provide services at alternative rates of payment of the type described in Sections 10133 and 11512 of the Insurance Code, shall give reasonable consideration to timely written proposals for affiliation by licensed or certified professional providers.
(b)CA Health & Safety Code § 1373.9(b)  For the purposes of this section, the following definitions are applicable:
(1)CA Health & Safety Code § 1373.9(b)(1)  “Reasonable consideration” means consideration in good faith of the terms of proposals for affiliation prior to the time that contracts for alternative rates of payment are entered into or renewed. A plan may specify the terms and conditions of affiliation to assure cost efficiency, qualification of providers, appropriate utilization of services, accessibility, convenience to persons who would receive the provider’s services, and consistency with the plan’s basic method of operation, but shall not exclude providers because of their category of license.
(2)CA Health & Safety Code § 1373.9(b)(2)  “Professional provider” means a holder of a certificate or license under Division 2 (commencing with Section 500) of the Business and Professions Code, or any initiative act referred to therein, except for those certified or licensed pursuant to Article 3 of Chapter 5 (commencing with Section 2050) or Chapter 11 (commencing with Section 4800), who may, within the scope of their licenses, perform the services of a specific plan benefit defined in the health care service plan’s contracts with its enrollees.
(c)CA Health & Safety Code § 1373.9(c)  A plan which has an affiliation with an institutional provider or with professional providers is not required by this section to give consideration to affiliation with professional providers who hold the same category of license or certificate and propose to serve a geographic area served adequately by the affiliated providers that provide their professional services as employees or agents of that institutional or professional provider, or contract with that institutional or professional provider to provide professional services.

Section § 1373.10

Explanation

This law, effective from January 1, 1985, requires certain health care service plans to offer coverage to group contract holders for expenses incurred through treatment by certified professionals under specific terms agreed upon by the plan and the contract holder. This requirement excludes health maintenance organizations (HMOs) and plans exclusively offering specialized services. Additionally, the coverage requirement does not apply to contracts covering public employees.

For this law, a health maintenance organization (HMO) is defined as an entity that provides a range of health care services, including physician, hospital, laboratory, X-ray, emergency, preventive services, and out-of-area coverage, typically for a set periodic fee. HMOs primarily deliver services through employed or partnered physicians, or arrangements with physician groups.

(a)CA Health & Safety Code § 1373.10(a)  On and after January 1, 1985, every health care service plan, that is not a health maintenance organization or is not a plan that enters exclusively into specialized health care service plan contracts, as defined by subdivision (n) of Section 1345, which provides coverage for hospital, medical, or surgical expenses, shall offer coverage to group contract holders for expenses incurred as a result of treatment by holders of certificates under Section 4938 of the Business and Professions Code, under such terms and conditions as may be agreed upon between the health care service plan and the group contract holder.
A health care service plan is not required to offer the coverage provided by this section as part of any contract covering employees of a public entity.
(b)CA Health & Safety Code § 1373.10(b)  For the purposes of this section, “health maintenance organization” or “HMO” means a public or private organization, organized under the laws of this state, which does all of the following:
(1)CA Health & Safety Code § 1373.10(b)(1)  Provides or otherwise makes available to enrolled participants health care services, including at least the following basic health care services: usual physician services, hospitalization, laboratory, X-ray, emergency and preventive services, and out-of-area coverage.
(2)CA Health & Safety Code § 1373.10(b)(2)  Is compensated, except for copayments, for the provision of basic health care services listed in paragraph (1) to enrolled participants on a predetermined periodic rate basis.
(3)CA Health & Safety Code § 1373.10(b)(3)  Provides physician services primarily directly through physicians who are either employees or partners of the organization, or through arrangements with individual physicians or one or more groups of physicians, organized on a group practice or individual practice basis.

Section § 1373.11

Explanation

If a health care plan includes podiatry services, it cannot discriminate against podiatrists by refusing to consider them for providing services just because they are podiatrists.

A health care service plan that offers or provides one or more podiatry services, as defined in Section 2472 of the Business and Professions Code, as a specific podiatric plan benefit shall not refuse to give reasonable consideration to affiliation with podiatrists for the provision of service solely on the basis that they are podiatrists.

Section § 1373.12

Explanation

This law states that if a health care service plan includes chiropractic services as part of its specific benefits, it cannot refuse to consider chiropractors as providers just because they are chiropractors. This rule applies when the services are not covered by certain contracts described elsewhere in the law.

A health care service plan which offers or provides one or more chiropractic services, as defined in Section 7 of the Chiropractic Initiative Act, as a specific chiropractic plan benefit, when those services are not provided pursuant to a contract as described in subdivision (a) of Section 1373.9, shall not refuse to give reasonable consideration to affiliation with chiropractors for provision of services solely on the basis that they are chiropractors. Section 1390 shall not apply to this section.

Section § 1373.13

Explanation

This law ensures that all licensed dentists in the state of California are treated equally regardless of their educational degrees. It is intended to prevent any form of discrimination by health care service plans against dentists based solely on which degree they earned.

(a)CA Health & Safety Code § 1373.13(a)  It is the intent of the Legislature that all persons licensed in this state to engage in the practice of dentistry shall be accorded equal professional status and privileges, without regard to the degree earned.
(b)CA Health & Safety Code § 1373.13(b)  Notwithstanding any other provision of law, no health care service plan shall discriminate, with respect to the provision of, or contracts for, professional services, against a licensed dentist solely on the basis of the educational degree held by the dentist.

Section § 1373.14

Explanation

This law states that health care service plans (excluding specialized ones) that cover long-term care facilities or home-based care cannot deny these benefits to individuals diagnosed with significant brain tissue loss and loss of brain function, including illnesses like Alzheimer's, unless it's due to a preexisting condition.

The law clarifies that for diseases identified only through autopsy, a clinical diagnosis using nationally recognized criteria is sufficient to qualify for coverage.

Except for a preexisting condition, any health care service plan, except a specialized health care service plan, which provides coverage on a group or individual basis for long-term care facility services or home-based care shall not exclude persons covered by the plan from receiving these benefits, if they are diagnosed as having any significant destruction of brain tissue with resultant loss of brain function, including, but not limited to, progressive, degenerative, and dementing illnesses, including, but not limited to, Alzheimer’s disease, from the coverage offered for long-term care facility services or home-based care.
For purposes of this section, where a particular disease can be determined only with an autopsy, “diagnosed” means clinical diagnosis not dependent on pathological confirmation, but employing nationally accepted criteria.

Section § 1373.18

Explanation

If a health care service plan makes deals with providers to offer services at reduced rates (except specialized plans), the copayment that an enrollee has to pay should be calculated based on these lower, negotiated rates. The provider or health care plan cannot charge more than this calculated amount. This rule has been in effect since January 1, 1993.

Whenever any health care service plan, except a specialized health care service plan, negotiates and enters into a contract with providers to provide services at alternative rates of payment of the type described in Sections 10133 and 11512 of the Insurance Code, and enrollee copayments are to be based upon a percentage of the fee for services to be rendered, the amount of the enrollee copayment shall be calculated exclusively from the negotiated alternative rate for the service rendered. No health care service plan or provider, negotiating and entering into a contract pursuant to this section, shall charge or collect copayment amounts greater than those calculated in accordance with this section.
This section shall become operative on January 1, 1993.

Section § 1373.19

Explanation

This law states that health care plans requiring arbitration must use a single neutral arbitrator for disputes where claimed damages are $200,000 or less. The arbitrator cannot award more than $200,000. Parties can mutually decide to use a different arbitration setup after the dispute arises, by agreeing in writing to waive the single arbitrator rule. This waiver must be clear and written in bold. Enrollees can revoke the waiver within three business days, unless signed by their lawyer, which makes it instantly irreversible. If parties can't agree on an arbitrator, specific procedures in the Code of Civil Procedure can help choose one.

Any health care service plan that includes a term that requires the parties to submit to binding arbitration shall, for those cases or disputes for which the total amount of damages claimed is two hundred thousand dollars ($200,000) or less, provide for selection by the parties of a single neutral arbitrator who shall have no jurisdiction to award more than two hundred thousand dollars ($200,000). This provision shall not be subject to waiver, except that nothing in this section shall prevent the parties to an arbitration from agreeing in writing, after a case or dispute has arisen and a request for arbitration has been submitted, to use a tripartite arbitration panel that includes two party-appointed arbitrators or a panel of three neutral arbitrators, or another multiple arbitrator system mutually agreeable to the parties. The agreement shall clearly indicate, in boldface type, that “A case or dispute subject to binding arbitration has arisen between the parties and we mutually agree to waive the requirement that cases or disputes for which the total amount of damages claimed is two hundred thousand dollars ($200,000) or less be adjudicated by a single neutral arbitrator.” If the parties agree to waive the requirement to use a single neutral arbitrator, the enrollee or subscriber shall have three business days to rescind the agreement. If the agreement is also signed by counsel of the enrollee or subscriber, the agreement shall be immediately binding and may not be rescinded. If the parties are unable to agree on the selection of a neutral arbitrator, and the plan does not use a professional dispute resolution organization independent of the plan that has a procedure for a rapid selection or default appointment of a neutral arbitrator, the method provided in Section 1281.6 of the Code of Civil Procedure may be utilized.

Section § 1373.20

Explanation

This section outlines the rules for health plans that use arbitration to resolve disputes with their members. If the plan doesn't work with an independent organization for choosing arbitrators quickly, or if parties can't agree on a neutral arbitrator, the process described in another legal section can be used. It's assumed the agreed method failed if a neutral arbitrator isn't chosen within 30 days.

If there's a delay caused by one party intentionally, the court may order that party to pay costs, including attorney fees. When the issue of extreme hardship arises, the plan must help cover arbitration costs for the member if they can't afford them. The plan should clearly communicate this to members, provide applications, and ensure an independent organization or a neutral party decides on these applications.

(a)CA Health & Safety Code § 1373.20(a)  If a plan uses arbitration to settle disputes with enrollees or subscribers, and does not use a professional dispute resolution organization independent of the plan that has a procedure for a rapid selection, or default appointment, of neutral arbitrators, the following requirements shall be met by the plan with respect to the arbitration of the disputes and shall not be subject to waiver:
(1)CA Health & Safety Code § 1373.20(a)(1)  If the party seeking arbitration and the plan against which arbitration is sought, in cases or disputes requiring a single neutral arbitrator, are unable to select a neutral arbitrator within 30 days after service of a written demand requesting the designation, it shall be conclusively presumed that the agreed method of selection has failed and the method provided in Section 1281.6 of the Code of Civil Procedure may be utilized.
(2)CA Health & Safety Code § 1373.20(a)(2)  In cases or disputes in which the parties have agreed to use a tripartite arbitration panel consisting of two party arbitrators and one neutral arbitrator, and the party arbitrators are unable to agree on the designation of a neutral arbitrator within 30 days after service of a written demand requesting the designation, it shall be conclusively presumed that the agreed method of selection has failed and the method provided in Section 1281.6 of the Code of Civil Procedure may be utilized.
(b)CA Health & Safety Code § 1373.20(b)  If a court reviewing a petition filed pursuant to Section 1373.19 or subdivision (a) finds that a party has engaged in dilatory conduct intended to cause delay in proceeding under the arbitration agreement, the court, by order, may award reasonable costs, including attorney fees, incurred in connection with the filing of the petition.
(c)CA Health & Safety Code § 1373.20(c)  If a plan uses arbitration to settle disputes with enrollees or subscribers, the following requirements shall be met with respect to extreme hardship cases:
(1)CA Health & Safety Code § 1373.20(c)(1)  The plan contract shall contain a provision for the assumption of all or a portion of an enrollee’s or subscriber’s share of the fees and expenses of the neutral arbitrator in cases of extreme hardship.
(2)CA Health & Safety Code § 1373.20(c)(2)  The plan shall disclose this provision to subscribers in any evidence of coverage issued or amended after August 1, 1997.
(3)CA Health & Safety Code § 1373.20(c)(3)  The plan shall provide enrollees, upon request, with an application for relief under this subdivision, or information on how to obtain an application from the professional dispute resolution organization that will administer the arbitration process. If the plan uses a professional dispute resolution organization independent of the plan, the provision for assumption of the arbitration fees in cases of extreme hardship shall be established and administered by the dispute resolution organization.
(4)CA Health & Safety Code § 1373.20(c)(4)  Approval or denial of the application shall be determined by either (A) a professional dispute resolution organization independent of the plan if the plan uses a professional dispute resolution organization, or (B) a neutral arbitrator who is not assigned to hear the underlying dispute, who has been selected pursuant to paragraph (1) of subdivision (a), and whose fees and expenses are paid for by the plan.

Section § 1373.21

Explanation

This law covers how health care plans in California must handle arbitration awards. When a dispute with subscribers is settled through arbitration, the plan must provide a written decision detailing the winner, the award amount, and reasons behind the decision. A modified version, excluding personal names, must be sent to the state department quarterly, which will make it publicly available on request. Although the department can ask for full decisions, it cannot share identifying details unless otherwise allowed by law.

(a)CA Health & Safety Code § 1373.21(a)  If a health care service plan uses arbitration to settle disputes with enrollees or subscribers, it shall require that an arbitration award be accompanied by a written decision to the parties that indicates the prevailing party, the amount of any award and other relevant terms of the award, and the reasons for the award rendered.
(b)CA Health & Safety Code § 1373.21(b)  A copy of any modified written decision, including the amount of the award and other relevant terms of the award, the reasons for the award rendered, the name of the arbitrator or arbitrators, but excluding the names of the enrollee, the plan, witnesses, attorneys, providers, health plan employees, and health facilities, shall be provided to the department on a quarterly basis. The department shall make these modified decisions available to the public upon request.
(c)CA Health & Safety Code § 1373.21(c)  Subdivision (b) shall not preclude the department from requesting and securing from any plan copies of complete arbitration decisions issued pursuant to subdivision (a) for the purposes of administering this chapter.
(d)CA Health & Safety Code § 1373.21(d)  If the department receives a request for information about an arbitration decision obtained by the department pursuant to subdivision (b) or (c), the department shall not release information identifying a person or entity whose name has been or should have been removed from the arbitration decision pursuant to subdivision (b).
(e)CA Health & Safety Code § 1373.21(e)  Nothing in this section shall be construed to preclude the department, or any plan or person, from disclosing information contained in an arbitration decision if the disclosure is otherwise permitted by law.

Section § 1373.65

Explanation

If a health care service plan is ending its contract with a medical group or hospital, it must notify affected members. The plan must submit this notice to the department for review 75 days before the contract ends. If the department doesn’t respond within seven days, the notice is approved by default. At least 60 days before termination, the plan must mail the notice to affected members.

If there are special situations that prevent timely notification, the plan can apply for an exemption, which the department must respond to within seven days. Notices must include information about possible rights to continue with the same provider during the transition.

If the contract negotiations change after the notice is sent, members have the choice to return to their original providers. Communications must also include a statement about members' rights to continue with their provider and contact information for consumer assistance. A 'provider group' includes organizations like medical groups and independent practices.

(a)CA Health & Safety Code § 1373.65(a) At least 75 days before the termination date of its contract with a provider group or a general acute care hospital, the health care service plan shall submit an enrollee block transfer filing to the department that includes the written notice the plan proposes to send to affected enrollees. The plan may not send this notice to enrollees until the department has reviewed and approved its content. If the department does not respond within seven days of the date of its receipt of the filing, the notice shall be deemed approved.
(b)CA Health & Safety Code § 1373.65(b) At least 60 days before the termination date of a contract between a health care service plan and a provider group or a general acute care hospital, the plan shall send the written notice described in subdivision (a) by United States mail to enrollees who are assigned to the terminated provider group or hospital. A plan that is unable to comply with the timeframe because of exigent circumstances shall apply to the department for a waiver. The plan is excused from complying with this requirement only if its waiver application is granted by the department or the department does not respond within seven days of the date of its receipt of the waiver application. If the terminated provider is a hospital and the plan assigns enrollees to a provider group with exclusive admitting privileges to the hospital, the plan shall send the written notice to each enrollee who is a member of the provider group and who resides within a 15-mile radius of the terminated hospital. If the plan operates as a preferred provider organization or assigns members to a provider group with admitting privileges to hospitals in the same geographic area as the terminated hospital, the plan shall send the written notice to all enrollees who reside within a 15-mile radius of the terminated hospital.
(c)CA Health & Safety Code § 1373.65(c) The health care service plan shall send enrollees of a preferred provider organization the written notice required by subdivision (b) only if the terminated provider is a general acute care hospital.
(d)CA Health & Safety Code § 1373.65(d) If an individual provider terminates the provider’s contract or employment with a provider group that contracts with a health care service plan, the plan may require that the provider group send the notice required by subdivision (b).
(e)CA Health & Safety Code § 1373.65(e) If, after sending the notice required by subdivision (b), a health care service plan reaches an agreement with a terminated provider to renew or enter into a new contract or to not terminate their contract, the plan shall offer each affected enrollee the option to return to that provider. If an affected enrollee does not exercise this option, the plan shall reassign the enrollee to another provider.
(f)CA Health & Safety Code § 1373.65(f) A health care service plan and a provider shall include in all written, printed, or electronic communications sent to an enrollee that concern the contract termination or block transfer, the following statement in not less than 8-point type: “If you have been receiving care from a health care provider, you may have a right to keep your provider for a designated time period. Please contact your health plan’s customer service department, and if you have further questions, you are encouraged to contact the Department of Managed Health Care, which protects consumers, by telephone at its toll-free number, 1-888-466-2219, or at a TDD number for the hearing and speech impaired at 1-877-688-9891, or online at www.dmhc.ca.gov.”
(g)CA Health & Safety Code § 1373.65(g) For purposes of this section, “provider group” means a medical group, independent practice association, or any other similar organization.

Section § 1373.95

Explanation

This law requires health care service plans in California, other than specialized plans for mental health, to file a detailed policy about continuity of care with the state by March 2004. This policy must include how enrollees will be transitioned if their provider leaves the network, how they complete ongoing services, and how requests for continuing services are reviewed, keeping patient care impact in mind. If any changes are made, they must be submitted again for approval.

For specialized mental health plans, the law requires policies to support continuity for new enrollees transitioning from non-network providers. These policies must account for ongoing treatments and allow reasonable transition periods by considering the condition's severity. These plans can mandate non-network providers to agree to standard terms. However, plans aren't liable for those providers' actions. Special provisions apply for enrollees with options to stay with prior plans or choose out-of-network providers.

All health plans must inform new enrollees of these policies and review procedures. The law doesn't obligate plans to cover extra services not already part of their contracts.

(a)Copy CA Health & Safety Code § 1373.95(a)
(1)Copy CA Health & Safety Code § 1373.95(a)(1) A health care service plan, other than a specialized health care service plan that offers professional mental health services on an employer-sponsored group basis, shall file a written continuity of care policy as a material modification with the department before March 31, 2004.
(2)CA Health & Safety Code § 1373.95(a)(2) A health care service plan shall include all of the following in its written continuity of care policy:
(A)CA Health & Safety Code § 1373.95(a)(2)(A) A description of the plan’s process for the block transfer of enrollees from a terminated provider group or hospital to a new provider group or hospital.
(B)CA Health & Safety Code § 1373.95(a)(2)(B) A description of the manner in which the plan facilitates the completion of covered services pursuant to Section 1373.96.
(C)CA Health & Safety Code § 1373.95(a)(2)(C) A template of the notice the plan proposes to send to enrollees describing its policy and informing enrollees of their right to completion of covered services.
(D)CA Health & Safety Code § 1373.95(a)(2)(D) A description of the plan’s process to review an enrollee’s request for the completion of covered services.
(E)CA Health & Safety Code § 1373.95(a)(2)(E) A provision ensuring that reasonable consideration is given to the potential clinical effect on an enrollee’s treatment caused by a change of provider.
(3)CA Health & Safety Code § 1373.95(a)(3) If approved by the department, the provisions of the written continuity of care policy shall replace all prior continuity of care policies. The plan shall file a revision of the policy with the department if it makes a material change to it.
(b)Copy CA Health & Safety Code § 1373.95(b)
(1)Copy CA Health & Safety Code § 1373.95(b)(1) The provisions of this subdivision apply to a specialized health care service plan that offers professional mental health services on an employer-sponsored group basis.
(2)CA Health & Safety Code § 1373.95(b)(2) The plan shall file with the department a written policy describing the manner in which it facilitates the continuity of care for a new enrollee who has been receiving services from a nonparticipating mental health provider for an acute, serious, or chronic mental health condition when his or her employer changed health plans. The written policy shall allow the new enrollee a reasonable transition period to continue his or her course of treatment with the nonparticipating mental health provider prior to transferring to a participating provider and shall include the provision of mental health services on a timely, appropriate, and medically necessary basis from the nonparticipating provider. The policy may provide that the length of the transition period take into account on a case-by-case basis, the severity of the enrollee’s condition and the amount of time reasonably necessary to effect a safe transfer. The policy shall ensure that reasonable consideration is given to the potential clinical effect of a change of provider on the enrollee’s treatment for the condition. The policy shall describe the plan’s process to review an enrollee’s request to continue his or her course of treatment with a nonparticipating mental health provider. Nothing in this paragraph shall be construed to require the plan to accept a nonparticipating mental health provider onto its panel for treatment of other enrollees. For purposes of the continuing treatment of the transferring enrollee, the plan may require the nonparticipating mental health provider, as a condition of the right conferred under this section, to enter into its standard mental health provider contract.
(3)CA Health & Safety Code § 1373.95(b)(3) A plan may require a nonparticipating mental health provider whose services are continued pursuant to the written policy, to agree in writing to the same contractual terms and conditions that are imposed upon the plan’s participating providers, including location within the plan’s service area, reimbursement methodologies, and rates of payment. If the plan determines that an enrollee’s health care treatment should temporarily continue with his or her existing provider or nonparticipating mental health provider, the plan shall not be liable for actions resulting solely from the negligence, malpractice, or other tortious or wrongful acts arising out of the provisions of services by the existing provider or a nonparticipating mental health provider.
(4)CA Health & Safety Code § 1373.95(b)(4) The written policy shall not apply to an enrollee who is offered an out-of-network option or to an enrollee who had the option to continue with his or her previous specialized health care service plan that offers professional mental health services on an employer-sponsored group basis or mental health provider and instead voluntarily chose to change health plans.
(5)CA Health & Safety Code § 1373.95(b)(5) This subdivision shall not apply to a specialized health care service plan that offers professional mental health services on an employer-sponsored group basis if it includes out-of-network coverage that allows the enrollee to obtain services from his or her existing mental health provider or nonparticipating mental health provider.
(c)CA Health & Safety Code § 1373.95(c) The health care service plan, including a specialized health care service plan that offers professional mental health services on an employer-sponsored group basis, shall provide to all new enrollees notice of its written continuity of care policy and information regarding the process for an enrollee to request a review under the policy and shall provide, upon request, a copy of the written policy to an enrollee.
(d)CA Health & Safety Code § 1373.95(d) Nothing in this section shall require a health care service plan or a specialized health care service plan that offers professional mental health services on an employer-sponsored group basis to cover services or provide benefits that are not otherwise covered under the terms and conditions of the plan contract.
(e)CA Health & Safety Code § 1373.95(e) The following definitions apply for the purposes of this section:
(1)CA Health & Safety Code § 1373.95(e)(1) “Hospital” means a general acute care hospital.
(2)CA Health & Safety Code § 1373.95(e)(2) “Nonparticipating mental health provider” means a psychiatrist, licensed psychologist, licensed marriage and family therapist, licensed social worker, or licensed professional clinical counselor who does not contract with the specialized health care service plan that offers professional mental health services on an employer-sponsored group basis.
(3)CA Health & Safety Code § 1373.95(e)(3) “Provider group” means a medical group, independent practice association, or any other similar organization.

Section § 1373.96

Explanation

This law ensures that if a health care provider's contract ends, or if you get a new health insurance plan, you can still finish receiving necessary medical treatments with that provider under certain conditions. These conditions include acute illnesses, chronic diseases, pregnancies, terminal illnesses, care for young children, or scheduled surgeries. The bill makes sure you won’t suddenly lose access to these services, though the provider must agree to certain terms, and the law only applies when these are not related to serious disciplinary reasons or fraud.

The law specifies that services will generally continue for a set period, like up to 12 months, to allow safe transfer to a new provider if needed. Copayments and costs remain the same as if your provider has a contract, and your plan must inform you about your rights under these rules.

(a)CA Health & Safety Code § 1373.96(a) A health care service plan shall, at the request of an enrollee, provide for the completion of covered services as set forth in this section by a terminated provider or by a nonparticipating provider.
(b)Copy CA Health & Safety Code § 1373.96(b)
(1)Copy CA Health & Safety Code § 1373.96(b)(1) The completion of covered services shall be provided by a terminated provider to an enrollee who, at the time of the contract’s termination, was receiving services from that provider for one of the conditions described in subdivision (c).
(2)CA Health & Safety Code § 1373.96(b)(2) The completion of covered services shall be provided by a nonparticipating provider to a newly covered enrollee who, at the time the enrollee’s coverage became effective, was receiving services from that provider for one of the conditions described in subdivision (c).
(c)CA Health & Safety Code § 1373.96(c) The health care service plan shall provide for the completion of covered services for the following conditions:
(1)CA Health & Safety Code § 1373.96(c)(1) An acute condition. An acute condition is a medical condition that involves a sudden onset of symptoms due to an illness, injury, or other medical problem that requires prompt medical attention and that has a limited duration. Completion of covered services shall be provided for the duration of the acute condition.
(2)Copy CA Health & Safety Code § 1373.96(c)(2)
(A)Copy CA Health & Safety Code § 1373.96(c)(2)(A) A serious chronic condition. A serious chronic condition is a medical condition due to a disease, illness, or other medical problem or medical disorder that is serious in nature and that persists without full cure or worsens over an extended period of time or requires ongoing treatment to maintain remission or prevent deterioration. Completion of covered services shall be provided for a period of time necessary to complete a course of treatment and to arrange for a safe transfer to another provider, as determined by the health care service plan in consultation with the enrollee and the terminated provider or nonparticipating provider and consistent with good professional practice.
(B)CA Health & Safety Code § 1373.96(c)(2)(A)(B) Completion of covered services under subparagraph (A) shall not exceed 12 months from the contract termination date or 12 months from the effective date of coverage for a newly covered enrollee.
(3)Copy CA Health & Safety Code § 1373.96(c)(3)
(A)Copy CA Health & Safety Code § 1373.96(c)(3)(A) A pregnancy. A pregnancy is the three trimesters of pregnancy and the immediate postpartum period. Completion of covered services shall be provided for the duration of the pregnancy.
(B)CA Health & Safety Code § 1373.96(c)(3)(A)(B) For purposes of an individual who presents written documentation of being diagnosed with a maternal mental health condition from the individual’s treating health care provider, completion of covered services for the maternal mental health condition shall not exceed 12 months from the diagnosis or from the end of pregnancy, whichever occurs later.
(4)CA Health & Safety Code § 1373.96(c)(4) A terminal illness. A terminal illness is an incurable or irreversible condition that has a high probability of causing death within one year or less. Completion of covered services shall be provided for the duration of a terminal illness, which may exceed 12 months from the contract termination date or 12 months from the effective date of coverage for a new enrollee.
(5)CA Health & Safety Code § 1373.96(c)(5) The care of a newborn child between birth and age 36 months. Completion of covered services under this paragraph shall not exceed 12 months from the contract termination date or 12 months from the effective date of coverage for a newly covered enrollee.
(6)CA Health & Safety Code § 1373.96(c)(6) Performance of a surgery or other procedure that is authorized by the plan as part of a documented course of treatment and has been recommended and documented by the provider to occur within 180 days of the contract’s termination date or within 180 days of the effective date of coverage for a newly covered enrollee.
(d)Copy CA Health & Safety Code § 1373.96(d)
(1)Copy CA Health & Safety Code § 1373.96(d)(1) The plan may require the terminated provider whose services are continued beyond the contract termination date pursuant to this section to agree in writing to be subject to the same contractual terms and conditions that were imposed upon the provider before termination, including, but not limited to, credentialing, hospital privileging, utilization review, peer review, and quality assurance requirements. If the terminated provider does not agree to comply or does not comply with these contractual terms and conditions, the plan is not required to continue the provider’s services beyond the contract termination date.
(2)CA Health & Safety Code § 1373.96(d)(2) Unless otherwise agreed upon by the terminated provider and the plan or by the individual provider and the provider group, the services rendered pursuant to this section shall be compensated at rates and methods of payment similar to those used by the plan or the provider group for currently contracting providers providing similar services who are not capitated and who are practicing in the same or a similar geographic area as the terminated provider. Neither the plan nor the provider group is required to continue the services of a terminated provider if the provider does not accept the payment rates provided for in this paragraph.
(e)Copy CA Health & Safety Code § 1373.96(e)
(1)Copy CA Health & Safety Code § 1373.96(e)(1) The plan may require a nonparticipating provider whose services are continued pursuant to this section for a newly covered enrollee to agree in writing to be subject to the same contractual terms and conditions that are imposed upon currently contracting providers providing similar services who are not capitated and who are practicing in the same or a similar geographic area as the nonparticipating provider, including, but not limited to, credentialing, hospital privileging, utilization review, peer review, and quality assurance requirements. If the nonparticipating provider does not agree to comply or does not comply with these contractual terms and conditions, the plan is not required to continue the provider’s services.
(2)CA Health & Safety Code § 1373.96(e)(2) Unless otherwise agreed upon by the nonparticipating provider and the plan or by the nonparticipating provider and the provider group, the services rendered pursuant to this section shall be compensated at rates and methods of payment similar to those used by the plan or the provider group for currently contracting providers providing similar services who are not capitated and who are practicing in the same or a similar geographic area as the nonparticipating provider. Neither the plan nor the provider group is required to continue the services of a nonparticipating provider if the provider does not accept the payment rates provided for in this paragraph.
(f)CA Health & Safety Code § 1373.96(f) The amount of, and the requirement for payment of, copayments, deductibles, or other cost-sharing components during the period of completion of covered services with a terminated provider or a nonparticipating provider are the same as would be paid by the enrollee if receiving care from a provider currently contracting with or employed by the plan.
(g)CA Health & Safety Code § 1373.96(g) If a plan delegates the responsibility of complying with this section to a provider group, the plan shall ensure that the requirements of this section are met.
(h)CA Health & Safety Code § 1373.96(h) This section does not require a plan to provide for completion of covered services by a provider whose contract with the plan or provider group has been terminated or not renewed for reasons relating to a medical disciplinary cause or reason, as defined in paragraph (6) of subdivision (a) of Section 805 of the Business and Professions Code, or fraud or other criminal activity.
(i)CA Health & Safety Code § 1373.96(i) This section does not require a plan to cover services or provide benefits that are not otherwise covered under the terms and conditions of the plan contract. Except as provided in subdivision (l), this section does not apply to a newly covered enrollee covered under an individual subscriber agreement who is undergoing a course of treatment on the effective date of their coverage for a condition described in subdivision (c).
(j)CA Health & Safety Code § 1373.96(j) Except as provided in subdivision (l), this section does not apply to a newly covered enrollee who is offered an out-of-network option or to a newly covered enrollee who had the option to continue with their previous health plan or provider and instead voluntarily chose to change health plans.
(k)CA Health & Safety Code § 1373.96(k) The provisions contained in this section are in addition to any other responsibilities of a health care service plan to provide continuity of care pursuant to this chapter. This section does not preclude a plan from providing continuity of care beyond the requirements of this section.
(l)Copy CA Health & Safety Code § 1373.96(l)
(1)Copy CA Health & Safety Code § 1373.96(l)(1) A health care service plan shall, at the request of a newly covered enrollee under an individual health care service plan contract, arrange for the completion of covered services as set forth in this section by a nonparticipating provider for one of the conditions described in subdivision (c) if the newly covered enrollee meets both of the following:
(A)CA Health & Safety Code § 1373.96(l)(1)(A) The newly covered enrollee’s prior coverage was terminated under paragraph (5) or (6) of subdivision (a) of Section 1365 or subdivision (d) or (e) of Section 10273.6 of the Insurance Code, which includes circumstances when a health benefit plan is withdrawn from any portion of a market.
(B)CA Health & Safety Code § 1373.96(l)(1)(B) At the time the enrollee’s coverage became effective, the newly covered enrollee was receiving services from that provider for one of the conditions described in subdivision (c).
(2)CA Health & Safety Code § 1373.96(l)(2) The completion of covered services required to be provided under this subdivision apply to services rendered to the newly covered enrollee on and after the effective date of their new coverage.
(3)CA Health & Safety Code § 1373.96(l)(3) A violation of this subdivision does not constitute a crime under Section 1390.
(m)CA Health & Safety Code § 1373.96(m) Notice as to the process by which an enrollee may request completion of covered services pursuant to this section shall be provided in every disclosure form as required under Section 1363 and in any evidence of coverage issued after January 1, 2018. A plan shall provide a written copy of this information to its contracting providers and provider groups. A plan shall also provide a copy to its enrollees upon request. Notice as to the availability of the right to request completion of covered services shall be part of, accompany, or be sent simultaneously with any termination of coverage notice sent in the circumstances described in subdivision (l).
(n)CA Health & Safety Code § 1373.96(n) The following definitions apply for the purposes of this section:
(1)CA Health & Safety Code § 1373.96(n)(1) “Individual provider” means a person who is a licentiate, as defined in Section 805 of the Business and Professions Code, or a person licensed under Chapter 2 (commencing with Section 1000) of Division 2 of the Business and Professions Code.
(2)CA Health & Safety Code § 1373.96(n)(2) “Maternal mental health condition” means a mental health condition that can impact a woman during pregnancy, peri or postpartum, or that arises during pregnancy, in the peri or postpartum period, up to one year after delivery.
(3)CA Health & Safety Code § 1373.96(n)(3) “Nonparticipating provider” means a provider who is not contracted with the enrollee’s health care service plan to provide services under the enrollee’s plan contract.
(4)CA Health & Safety Code § 1373.96(n)(4) “Provider” shall have the same meaning as set forth in subdivision (i) of Section 1345.
(5)CA Health & Safety Code § 1373.96(n)(5) “Provider group” means a medical group, independent practice association, or any other similar organization.

Section § 1373.620

Explanation

This law requires health care service plans to send out notices to their subscribers at least 60 days before their plan renewal date if the plans won't be renewed. These notices must clearly state, in large print, that the plan is ending and provide details about other insurance options through Covered California, like the fact that individuals can't be denied coverage based on their health and may qualify for financial help with premiums. Similar guidelines apply to different types of health plans, with information on possible new plans replacing current ones being included as well. Starting from September 1, 2013, specific model notices can be used by health plans without needing state approval, ensuring consistency and clarity.

(a)Copy CA Health & Safety Code § 1373.620(a)
(1)Copy CA Health & Safety Code § 1373.620(a)(1) At least 60 days prior to the plan renewal date, a health care service plan that does not otherwise issue individual health care service plan contracts shall issue the notice described in paragraph (2) to any subscriber enrolled in an individual health benefit plan contract issued pursuant to Section 1373.6 that is not a grandfathered health plan.
(2)CA Health & Safety Code § 1373.620(a)(2) The notice shall be in at least 12-point type and shall include all of the following:
(A)CA Health & Safety Code § 1373.620(a)(2)(A) Notice that, as of the renewal date, the individual plan contract will not be renewed.
(B)CA Health & Safety Code § 1373.620(a)(2)(B) The availability of individual health coverage through Covered California, including at least all of the following:
(i)CA Health & Safety Code § 1373.620(a)(2)(B)(i) That, beginning on January 1, 2014, individuals seeking coverage may not be denied coverage based on health status.
(ii)CA Health & Safety Code § 1373.620(a)(2)(B)(ii) That the premium rates for coverage offered by a health care service plan or a health insurer cannot be based on an individual’s health status.
(iii)CA Health & Safety Code § 1373.620(a)(2)(B)(iii) That individuals obtaining coverage through Covered California may, depending upon income, be eligible for premium subsidies and cost-sharing subsidies.
(iv)CA Health & Safety Code § 1373.620(a)(2)(B)(iv) That individuals seeking coverage must obtain this coverage during an open or special enrollment period, and a description of the open and special enrollment periods that may apply.
(b)Copy CA Health & Safety Code § 1373.620(b)
(1)Copy CA Health & Safety Code § 1373.620(b)(1) At least 60 days prior to the plan renewal date, a health care service plan that issues individual health care service plan contracts shall issue the notice described in paragraph (2) to a subscriber enrolled in an individual health benefit plan contract issued pursuant to Section 1366.35 or 1373.6 that is not a grandfathered health plan.
(2)CA Health & Safety Code § 1373.620(b)(2) The notice shall be in at least 12-point type and shall include all of the following:
(A)CA Health & Safety Code § 1373.620(b)(2)(A) Notice that, as of the renewal date, the individual plan contract will not be renewed.
(B)CA Health & Safety Code § 1373.620(b)(2)(B) Information regarding the individual health plan contract that the health plan will issue as of January 1, 2014, which the health plan has reasonably concluded is the most comparable to the individual’s current plan. The notice shall include information on premiums for the possible replacement plan and instructions that the individual can continue their coverage by paying the premium stated by the due date.
(C)CA Health & Safety Code § 1373.620(b)(2)(C) Notice of the availability of other individual health coverage through Covered California, including at least all of the following:
(i)CA Health & Safety Code § 1373.620(b)(2)(C)(i) That, beginning on January 1, 2014, individuals seeking coverage may not be denied coverage based on health status.
(ii)CA Health & Safety Code § 1373.620(b)(2)(C)(ii) That the premium rates for coverage offered by a health care service plan or a health insurer cannot be based on an individual’s health status.
(iii)CA Health & Safety Code § 1373.620(b)(2)(C)(iii) That individuals obtaining coverage through Covered California may, depending upon income, be eligible for premium subsidies and cost-sharing subsidies.
(iv)CA Health & Safety Code § 1373.620(b)(2)(C)(iv) That individuals seeking coverage must obtain this coverage during an open or special enrollment period, and a description of the open and special enrollment periods that may apply.
(c)CA Health & Safety Code § 1373.620(c) No later than September 1, 2013, the department, in consultation with the Department of Insurance, shall adopt uniform model notices that health plans shall use to comply with subdivisions (a) and (b) and Sections 1366.50, 1373.622, and 1399.861. Use of the model notices shall not require prior approval by the department. The model notices adopted by the department for purposes of this section shall not be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The director may modify the wording of these model notices specifically for the purposes of clarity, readability, and accuracy.
(d)CA Health & Safety Code § 1373.620(d) The notices required in this section are vital documents, pursuant to clause (iii) of subparagraph (B) of paragraph (1) of subdivision (b) of Section 1367.04, and shall be subject to the applicable requirements of that section.
(e)CA Health & Safety Code § 1373.620(e) For purposes of this section, the following definitions shall apply:
(1)CA Health & Safety Code § 1373.620(e)(1) “Covered California” means the California Health Benefit Exchange established pursuant to Section 100500 of the Government Code.
(2)CA Health & Safety Code § 1373.620(e)(2) “Grandfathered health plan” has the same meaning as that term is defined in Section 1251 of PPACA.
(3)CA Health & Safety Code § 1373.620(e)(3) “PPACA” means the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and any rules, regulations, or guidance issued pursuant to that law.

Section § 1373.621

Explanation

This law requires health plans that offer hospital or medical coverage under an employer-sponsored group plan to allow certain former employees and their spouses to continue their benefits after COBRA or Cal-COBRA ends. To qualify, the former employee must be at least 60 years old and have worked for the employer for five years. They can continue benefits if they pay the premiums and notify the health plan in writing before coverage ends. The coverage ends when the person turns 65, gets another group health plan, gets Medicare, or if the employer cancels group coverage. Former spouses can continue coverage for up to five years under similar conditions.

Premiums for these continuation plans are limited to a specific percentage over what the employer was charged. The rates differ slightly depending on whether they are under COBRA or Cal-COBRA. The law also defines terms like COBRA and Cal-COBRA, and who qualifies as a former spouse.

(a)CA Health & Safety Code § 1373.621(a) Except for a specialized health care service plan, every health care service plan contract that is issued, amended, delivered, or renewed in this state on or after January 1, 1999, that provides hospital, medical, or surgical expense coverage under an employer-sponsored group plan for an employer subject to COBRA, as defined in subdivision (e), or an employer group for which the plan is required to offer Cal-COBRA coverage, as defined in subdivision (f), including a carrier providing replacement coverage under Section 1399.63, shall further offer the former employee the opportunity to continue benefits as required under subdivision (b), and shall further offer the former spouse of an employee or former employee the opportunity to continue benefits as required under subdivision (c).
(b)Copy CA Health & Safety Code § 1373.621(b)
(1)Copy CA Health & Safety Code § 1373.621(b)(1) In the event a former employee who worked for the employer for at least five years prior to the date of termination of employment and who is 60 years of age or older on the date employment ends is entitled to and so elects to continue benefits under COBRA or Cal-COBRA for himself or herself and for any spouse, the employee or spouse may further continue benefits beyond the date coverage under COBRA or Cal-COBRA ends, as set forth in paragraph (2). Except as otherwise specified, continuation coverage shall be under the same benefit terms and conditions as if the continuation coverage under COBRA or Cal-COBRA had remained in force. For the employee or spouse, continuation coverage following the end of COBRA or Cal-COBRA is subject to payment of premiums to the health care service plan. Individuals ineligible for COBRA or Cal-COBRA, or who are eligible but have not elected or exhausted continuation coverage under federal COBRA or Cal-COBRA, are not entitled to continuation coverage under this section. Premiums for continuation coverage under this section shall be billed by, and remitted to, the health care service plan in accordance with subdivision (d). Failure to pay the requisite premiums may result in termination of the continuation coverage in accordance with the applicable provisions in the plan’s group subscriber agreement with the former employer.
(2)CA Health & Safety Code § 1373.621(b)(2) The employer shall notify the former employee or spouse or both, or the former spouse of the employee or former employee, of the availability of the continuation benefits under this section in accordance with Section 2800.2 of the Labor Code. To continue health care coverage pursuant to this section, the individual shall elect to do so by notifying the plan in writing within 30 calendar days prior to the date continuation coverage under COBRA or Cal-COBRA is scheduled to end. Every health care service plan and specialized health care service plan shall provide to the employer replacing a health care service plan contract issued by the plan, or to the employer’s agent or broker representative, within 15 days of any written request, information in possession of the plan reasonably required to administer the requirements of Section 2800.2 of the Labor Code.
(3)CA Health & Safety Code § 1373.621(b)(3) The continuation coverage shall end automatically on the earlier of (A) the date the individual reaches age 65, (B) the date the individual is covered under any group health plan not maintained by the employer or any other health plan, regardless of whether that coverage is less valuable, (C) the date the individual becomes entitled to Medicare under Title XVIII of the Social Security Act, (D) for a spouse, five years from the date on which continuation coverage under COBRA or Cal-COBRA was scheduled to end for the spouse, or (E) the date on which the employer terminates its group subscriber agreement with the health care service plan and ceases to provide coverage for any active employees through that plan, in which case the health care service plan shall notify the former employee or spouse or both of the right to a conversion plan in accordance with Section 1373.6.
(c)Copy CA Health & Safety Code § 1373.621(c)
(1)Copy CA Health & Safety Code § 1373.621(c)(1) If a former spouse of an employee or former employee was covered as a qualified beneficiary under COBRA or Cal-COBRA, the former spouse may further continue benefits beyond the date coverage under COBRA or Cal-COBRA ends, as set forth in paragraph (2) of subdivision (b). Except as otherwise specified in this section, continuation coverage shall be under the same benefit terms and conditions as if the continuation coverage under COBRA or Cal-COBRA had remained in force. Continuation coverage following the end of COBRA or Cal-COBRA is subject to payment of premiums to the health care service plan. Premiums for continuation coverage under this section shall be billed by, and remitted to, the health care service plan in accordance with subdivision (d). Failure to pay the requisite premiums may result in termination of the continuation coverage in accordance with the applicable provisions in the plan’s group subscriber agreement with the employer or former employer.
(2)CA Health & Safety Code § 1373.621(c)(2) The continuation coverage for the former spouse shall end automatically on the earlier of (A) the date the individual reaches 65 years of age, (B) the date the individual is covered under any group health plan not maintained by the employer or any other health plan, regardless of whether that coverage is less valuable, (C) the date the individual becomes entitled to Medicare under Title XVIII of the Social Security Act, (D) five years from the date on which continuation coverage under COBRA or Cal-COBRA was scheduled to end for the former spouse, or (E) the date on which the employer or former employer terminates its group subscriber agreement with the health care service plan and ceases to provide coverage for any active employees through that plan.
(d)Copy CA Health & Safety Code § 1373.621(d)
(1)Copy CA Health & Safety Code § 1373.621(d)(1) If the premium charged to the employer for a specific employee or dependent eligible under this section is adjusted for the age of the specific employee, or eligible dependent, on other than a composite basis, the rate for continuation coverage under this section shall not exceed 102 percent of the premium charged by the plan to the employer for an employee of the same age as the former employee electing continuation coverage in the case of an individual who was eligible for COBRA, and 110 percent in the case of an individual who was eligible for Cal-COBRA. If the coverage continued is that of a former spouse, the premium charged shall not exceed 102 percent of the premium charged by the plan to the employer for an employee of the same age as the former spouse selecting continuation coverage in the case of an individual who was eligible for COBRA, and 110 percent in the case of an individual who was eligible for Cal-COBRA.
(2)CA Health & Safety Code § 1373.621(d)(2) If the premium charged to the employer for a specific employee or dependent eligible under this section is not adjusted for age of the specific employee, or eligible dependent, then the rate for continuation coverage under this section shall not exceed 213 percent of the applicable current group rate. For purposes of this section, the “applicable current group rate” means the total premiums charged by the health care service plan for coverage for the group, divided by the relevant number of covered persons.
(3)CA Health & Safety Code § 1373.621(d)(3) However, in computing the premiums charged to the specific employer group, the health care service plan shall not include consideration of the specific medical care expenditures for beneficiaries receiving continuation coverage pursuant to this section.
(e)CA Health & Safety Code § 1373.621(e) For purposes of this section, “COBRA” means Section 4980B of Title 26 of the United States Code, Section 1161 et seq. of Title 29 of the United States Code, and Section 300bb of Title 42 of the United States Code, as added by the Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law 99-272), and as amended.
(f)CA Health & Safety Code § 1373.621(f) For purposes of this section, “Cal-COBRA” means the continuation coverage that must be offered pursuant to Article 4.5 (commencing with Section 1366.20), or Article 1.7 (commencing with Section 10128.50) of Chapter 1 of Part 2 of Division 2 of the Insurance Code.
(g)CA Health & Safety Code § 1373.621(g) For the purposes of this section, “former spouse” means either an individual who is divorced from an employee or former employee or an individual who was married to an employee or former employee at the time of the death of the employee or former employee.
(h)CA Health & Safety Code § 1373.621(h) Every plan evidence of coverage that is issued, amended, or renewed after July 1, 1999, shall contain a description of the provisions and eligibility requirements for the continuation coverage offered pursuant to this section.
(i)CA Health & Safety Code § 1373.621(i) This section does not apply to any individual who is not eligible for its continuation coverage prior to January 1, 2005.

Section § 1373.622

Explanation

After the pilot program ends, health care plans must continue coverage for individuals who were part of the program under the same terms as of January 1, 2007, but only for those who enrolled within 63 days of being terminated. However, starting January 1, 2014, plans aren't required to continue this coverage, and the state won't make related payments for expenses or administrative fees incurred past that date.

By October 1, 2013, health plans must notify enrollees if their coverage ends on January 1, 2014, and inform them about new individual health coverage options available through Covered California, where coverage isn't denied based on health, and may offer subsidies.

Plans must submit a final reconciliation report to the State Department by December 31, 2014, to receive payment for the reporting period. If the state doesn't fully fund its share, the plan can increase subscriber payments to counteract the lack of state subsidies. Lastly, the State Department can issue instructions for implementing this section without regulatory actions.

(a)Copy CA Health & Safety Code § 1373.622(a)
(1)Copy CA Health & Safety Code § 1373.622(a)(1) After the termination of the pilot program under Section 1373.62, a health care service plan shall continue to provide coverage under the same terms and conditions specified in Section 1376.62 as it existed on January 1, 2007, including the terms of the standard benefit plan and the subscriber payment amount, to each individual who was terminated from the program pursuant to subdivision (f) of Section 12725 of the Insurance Code during the term of the pilot program and who enrolled or applied to enroll in a standard benefit plan within 63 days of termination. The State Department of Health Care Services shall continue to pay the amount described in Section 1376.62 for each of those individuals. A health care service plan shall not be required to offer the coverage described in Section 1373.62 after the termination of the pilot program to individuals not already enrolled in the program.
(2)CA Health & Safety Code § 1373.622(a)(2) Notwithstanding paragraph (1) of this subdivision or Section 1373.62 as it existed on January 1, 2007, the following rules shall apply:
(A)Copy CA Health & Safety Code § 1373.622(a)(2)(A)
(i)Copy CA Health & Safety Code § 1373.622(a)(2)(A)(i) A health care service plan shall not be obligated to provide coverage to any individual pursuant to this section on or after January 1, 2014.
(ii)CA Health & Safety Code § 1373.622(a)(2)(A)(i)(ii) The State Department of Health Care Services shall not be obligated to provide any payment to any health care service plan under this section for (I) health care expenses incurred on or after January 1, 2014, or (II) the standard monthly administrative fee, as defined in Section 1373.62 as it existed on January 1, 2007, for any month after December 2013.
(B)CA Health & Safety Code § 1373.622(a)(2)(B) Each health care service plan providing coverage pursuant to this section shall, on or before October 1, 2013, send a notice to each individual enrolled in a standard benefit plan that is in at least 12-point type and with, at minimum, the following information:
(i)CA Health & Safety Code § 1373.622(a)(2)(B)(i) Notice as to whether or not the plan will terminate as of January 1, 2014.
(ii)CA Health & Safety Code § 1373.622(a)(2)(B)(ii) The availability of individual health coverage, including through Covered California, including at least all of the following:
(I)CA Health & Safety Code § 1373.622(a)(2)(B)(ii)(I) That, beginning on January 1, 2014, individuals seeking coverage may not be denied coverage based on health status.
(II) That the premium rates for coverage offered by a health care service plan or a health insurer cannot be based on an individual’s health status.
(III) That individuals obtaining coverage through Covered California may, depending upon income, be eligible for premium subsidies and cost-sharing subsidies.
(IV) That individuals seeking coverage must obtain this coverage during an open or special enrollment period, and a description of the open and special enrollment periods that may apply.
(C)CA Health & Safety Code § 1373.622(a)(2)(C) As a condition of receiving payment for a reporting period pursuant to this section, a health care service plan shall provide the State Department of Health Care Services with a complete, final annual reconciliation report by the earlier of December 31, 2014, or an earlier date as prescribed by Section 1373.62, as it existed on January 1, 2007, for that reporting period. To the extent that it receives a complete, final reconciliation report for a reporting period by the date required pursuant to this subparagraph, the State Department of Health Care Services shall complete reconciliation with the health care service plan for that reporting period within 18 months after receiving the report.
(b)CA Health & Safety Code § 1373.622(b) If the state fails to expend, pursuant to this section, sufficient funds for the state’s contribution amount to any health care service plan, the health care service plan may increase the monthly payments that its subscribers are required to pay for any standard benefit plan to the amount that the State Department of Health Care Services would charge without a state subsidy for the same plan issued to the same individual within the program.
(c)CA Health & Safety Code § 1373.622(c) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Health Care Services may implement, interpret, or make specific this section by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions, without taking regulatory action.

Section § 1374

Explanation

This law states that if a health care plan offered in California after the section's effective date provides coverage for both employees and their spouses who depend on the employee, the coverage terms for the employees must be equally favorable as those for the spouses. In other words, employees should not receive worse coverage conditions than their spouses.

If a health care service plan entered into, amended, or renewed in this state on or after the effective date of this section provides in any manner for coverage for an employee and a covered spouse dependent on such employee, the plan shall not provide for coverage under conditions less favorable for employees than coverage provided for covered spouses dependent upon the employees.

Section § 1374.1

Explanation

This law says that any health care service plan contract in California, issued or changed after January 1, 2023, must provide dependent coverage to a parent or stepparent who qualifies as a relative under specific federal tax rules, as long as they live within the plan’s service area.

Before enrolling a parent or stepparent, especially those eligible for Medicare, the individual must be informed about their rights, options, and potential financial implications.

If adding such a dependent, the health care plan must give information about free health insurance counseling services for seniors, known as HICAP, including contact details.

This requirement does not apply to some specific types of insurance plans, like Medicare supplements or hospital-only policies.

(a)CA Health & Safety Code § 1374.1(a) An individual health care service plan contract issued, amended, or renewed on or after January 1, 2023, that provides dependent coverage shall make dependent coverage available to a parent or stepparent who meets the definition of a qualifying relative under Section 152(d) of Title 26 of the United States Code and who lives or resides within the health care service plan’s service area.
(b)CA Health & Safety Code § 1374.1(b) It is the intent of the Legislature to ensure that an individual who is seeking to add to their contract a dependent parent or stepparent who is eligible for or enrolled in Medicare is informed of and understands their specific rights and health care options before enrolling the dependent parent or stepparent in an individual health care service plan contract, including the potential benefits, financial assistance, and tax liability under those options.
(c)CA Health & Safety Code § 1374.1(c) If an applicant is seeking to add to their contract a dependent parent or stepparent who is eligible for or enrolled in Medicare:
(1)CA Health & Safety Code § 1374.1(c)(1) A health care service plan shall provide, at the time of solicitation and on the application, to an applicant who does not apply through the California Health Benefit Exchange written notice that the Health Insurance Counseling and Advocacy Program (HICAP) provides health insurance counseling to senior California residents free of charge, including the name, address, and telephone number of the local HICAP program and the statewide HICAP telephone number, 1-800-434-0222.
(2)CA Health & Safety Code § 1374.1(c)(2) The California Health Benefit Exchange shall provide to an applicant who applies through the California Health Benefit Exchange written notice that HICAP provides health insurance counseling to senior California residents free of charge, including the name, address, and telephone number of the local HICAP program and the statewide HICAP telephone number, 1-800-434-0222.
(3)CA Health & Safety Code § 1374.1(c)(3) A solicitor shall provide the name, address, and telephone number of the local HICAP program and the statewide HICAP telephone number, 1-800-434-0222, at the time of solicitation.
(d)CA Health & Safety Code § 1374.1(d) This section does not apply to specialized health care service plans, Medicare supplement insurance, CHAMPUS supplement insurance, or TRICARE supplement insurance, or to hospital-only, accident-only, or specified disease insurance policies that reimburse for hospital, medical, or surgical benefits.

Section § 1374.3

Explanation

This law requires every health care service plan to follow certain rules outlined in the Family Code and the Welfare and Institutions Code, even if other parts of the health care plan say otherwise.

Notwithstanding any other provision of this chapter or of a health care service plan contract, every health care service plan shall comply with the requirements of Chapter 7 (commencing with Section 3750) of Part 1 of Division 9 of the Family Code and Section 14124.94 of the Welfare and Institutions Code.

Section § 1374.5

Explanation

This law states that for any health care plans that provide mental health services and are issued, renewed, or changed after January 1, 1988, the plan cannot permanently exclude coverage for mental health services for any individual. Such lifetime exclusions, sometimes called 'waivers', are not allowed and can't be enforced.

A health care service plan, which is issued, renewed, or amended on or after January 1, 1988, which includes mental health services coverage in nongroup contracts may not include a lifetime waiver for that coverage with respect to any applicant. The lifetime waiver of coverage provision shall be deemed unenforceable.

Section § 1374.7

Explanation

In California, health plans cannot deny enrollment, charge higher rates, or offer different benefits based on a person's genetic traits that might hint at potential disabilities in them or their offspring. This means your genetic makeup can't be used against you when signing up for a health plan. Additionally, plans can't gather genetic information for non-medical reasons. Fees for agents or firms enrolling people in health plans can't differ due to genetic traits linked to disabilities. "Genetic characteristics" cover any identifiable genes linked to diseases or disorders, even if no symptoms currently appear, or inherited traits linked to increased disease risk without current symptoms.

(a)CA Health & Safety Code § 1374.7(a)  No plan shall refuse to enroll any person or accept any person as a subscriber or renew any person as a subscriber after appropriate application on the basis of a person’s genetic characteristics that may, under some circumstances, be associated with disability in that person or that person’s offspring. No plan shall require a higher rate or charge, or offer or provide different terms, conditions, or benefits, on the basis of a person’s genetic characteristics that may, under some circumstances, be associated with disability in that person or that person’s offspring.
(b)CA Health & Safety Code § 1374.7(b)  No plan shall seek information about a person’s genetic characteristics for any nontherapeutic purpose.
(c)CA Health & Safety Code § 1374.7(c)  No discrimination shall be made in the fees or commissions of a solicitor or solicitor firm for an enrollment or a subscription or the renewal of an enrollment or subscription of any person on the basis of a person’s genetic characteristics that may, under some circumstances, be associated with disability in that person or that person’s offspring.
(d)CA Health & Safety Code § 1374.7(d)  “Genetic characteristics” as used in this section means either of the following:
(1)CA Health & Safety Code § 1374.7(d)(1)  Any scientifically or medically identifiable gene or chromosome, or combination or alteration thereof, that is known to be a cause of a disease or disorder in a person or his or her offspring, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder.
(2)CA Health & Safety Code § 1374.7(d)(2)  Inherited characteristics that may derive from the individual or family member, that are known to be a cause of a disease or disorder in a person or his or her offspring, or that are determined to be associated with a statistically increased risk of development of a disease or disorder, and that are presently not associated with any symptoms of any disease or disorder.

Section § 1374.8

Explanation

This law states that a health care service plan cannot share any information with an employer that might reveal an employee has received health services, unless the employee permits it. This rule ensures employee privacy regarding medical treatment.

However, the law allows such information to be released for specific legal purposes related to insurance fraud prevention and filings, as per other legal provisions. Insurers who manage workers’ compensation are not treated as employers in this context.

(a)CA Health & Safety Code § 1374.8(a) A health care service plan shall not release any information to an employer that would directly or indirectly indicate to the employer that an employee is receiving or has received services from a health care provider covered by the plan unless authorized to do so by the employee. An insurer that has, pursuant to an agreement, assumed the responsibility to pay compensation pursuant to Article 3 (commencing with Section 3750) of Chapter 4 of Part 1 of Division 4 of the Labor Code, shall not be considered an employer for the purposes of this section.
(b)CA Health & Safety Code § 1374.8(b) Nothing in this section prohibits a health care service plan from releasing relevant information described in this section for the purposes set forth in Chapter 12 (commencing with Section 1871) of Part 2 of Division 1 of the Insurance Code.
(c)CA Health & Safety Code § 1374.8(c) Nothing in this section prohibits a health care service plan from releasing relevant information described in this section for the purposes set forth in Section 1385.10.

Section § 1374.9

Explanation

This law states that if a health care service plan breaks the rules set in Section 1374.7, they may face financial penalties. Initially, fines start at $5,000 for the first offense, ranging up to $200,000 for repeated offenses. The fines collected go into a special fund for specific uses listed in another section.

These penalties are just one type of punishment available; they can be used alongside other legal actions if necessary. Starting January 1, 2028, and every five years after, the penalty amounts will be updated based on changes in health insurance premium rates.

For violations of Section 1374.7, the director may, after appropriate notice and opportunity for hearing, by order, levy administrative penalties as follows:
(a)CA Health & Safety Code § 1374.9(a) Any health care service plan that violates Section 1374.7, or that violates any rule or order adopted or issued pursuant to this section, is liable for administrative penalties of not less than five thousand dollars ($5,000) for each first violation, and of not less than ten thousand dollars ($10,000) nor more than twenty thousand dollars ($20,000) for each second violation, and of not less than thirty thousand dollars ($30,000) and not more than two hundred thousand dollars ($200,000) for each subsequent violation.
(b)CA Health & Safety Code § 1374.9(b) The administrative penalties shall be paid to the Managed Care Administrative Fines and Penalties Fund and shall be used for the purposes specified in Section 1341.45.
(c)CA Health & Safety Code § 1374.9(c) The administrative penalties available to the director pursuant to this section are not exclusive, and may be sought and employed in any combination with civil, criminal, and other administrative remedies deemed advisable by the director to enforce the provisions of this chapter.
(d)CA Health & Safety Code § 1374.9(d) Commencing January 1, 2028, and every five years thereafter, the penalty amounts specified in this section shall be adjusted based on the average rate of change in premium rates for the individual and small group markets, and weighted by enrollment, since the previous adjustment.

Section § 1374.10

Explanation

This law requires health care service plans, excluding certain federally qualified organizations, to offer home health care benefits in group contracts starting January 1, 1979. These benefits, provided by licensed home health agencies, can be declined or modified by the subscriber group.

If rural areas lack licensed agencies, visiting nurses' services should be offered. Home health care is defined as care required after hospitalization for the same condition, under a physician's supervision, and includes nursing, therapy, and medical supplies. The services must begin within 14 days after hospital discharge.

Plans may limit home health visits to a minimum of 100 per year, can include a small deductible up to $50, and require covering at least 80% of service costs. Additional home health services can still be offered, and plans must continue providing basic health care services, with specific provisions for home care as outlined if not declined by the subscriber group.

(a)CA Health & Safety Code § 1374.10(a)  Every health care service plan that covers hospital, medical or surgical expenses and which is not qualified as a health maintenance organization under Title XIII of the federal Public Health Service Act (42 U.S.C. Sec. 300e, et seq.) shall make available and offer to include in every group contract entered into on or after January 1, 1979, benefits for home health care as set forth in this section provided by a licensed home health agency subject to the right of the subscriber group to reject the benefits or to select any alternative level of benefits as may be offered by the health care service plan.
In rural areas where there are no licensed home health agencies or in which the supply of home health agency services does not meet the needs of the community, the services of visiting nurses, if available, shall be offered under the health care service plan subject to the terms and conditions set forth in subdivision (b).
(b)CA Health & Safety Code § 1374.10(b)  As used in this section:
(1)CA Health & Safety Code § 1374.10(b)(1)  “Home health care” means the continued care and treatment of a covered person who is under the direct care and supervision of a physician but only if (i) continued hospitalization would have been required if home health care were not provided, (ii) the home health treatment plan is established and approved by a physician within 14 days after an inpatient hospital confinement has ended and such treatment plan is for the same or related condition for which the covered person was hospitalized, and (iii) home health care commences within 14 days after the hospital confinement has ended. “Home health services” consist of, but shall not be limited to, the following: (i) part-time or intermittent skilled nursing services provided by a registered nurse or licensed vocational nurse; (ii) part-time or intermittent home health aide services which provide supportive services in the home under the supervision of a registered nurse or a physical, speech or occupational therapist; (iii) physical, occupational or speech therapy; and (iv) medical supplies, drugs and medicines prescribed by a physician and related pharmaceutical services, and laboratory services to the extent such charges or costs would have been covered under the plan if the covered person had remained in the hospital.
(2)CA Health & Safety Code § 1374.10(b)(2)  “Home health agency” means a public or private agency or organization licensed by the State Department of Health Services in accordance with the provisions of Chapter 8 (commencing with Section 1725) of Division 2 of the Health and Safety Code.
(c)CA Health & Safety Code § 1374.10(c)  The plan may contain a limitation on the number of home health visits for which benefits are payable, but the number of such visits shall not be less than 100 in any calendar year or in any continuous 12-month period for each person covered under the plan. Except for a home health aide, each visit by a representative of a home health agency shall be considered as one home health care visit. A visit of four hours or less by a home health aide shall be considered as one home health visit.
(d)CA Health & Safety Code § 1374.10(d)  Home health benefits in this section shall be subject to all other provisions of this chapter. In addition, such benefits may be subject to an annual deductible of not more than fifty dollars ($50) for each person covered under a plan, and may be subject to a coinsurance provision which provides coverage of not less than 80 percent of the reasonable charges for such services.
(e)CA Health & Safety Code § 1374.10(e)  Nothing in this section shall preclude a plan offering other health care benefits provided in the home.
(f)CA Health & Safety Code § 1374.10(f)  Nothing in this section shall relieve any plan from providing all basic health care services as required by subdivision (i) of Section 1367 except that a plan subject to this section may fulfill that requirement with respect to home health services in connection with any particular group contract by providing benefits for home health care as set forth in this section if the subscriber group has not rejected such benefits.

Section § 1374.11

Explanation

This law means that a health care plan cannot refuse to pay for health care services just because the person receiving the services is in jail or a juvenile detention facility. If the person is eligible for reimbursement under their health plan and has costs for medical services received while confined, the plan must pay the claim. This applies to all health care plan contracts made or renewed after July 1, 1980, even if the contract talks about stopping benefits because someone is in jail or a detention center.

No health care service plan shall deny a claim for hospital, medical, surgical, dental, or optometric services for the sole reason that the individual served was confined in a city or county jail or was a juvenile detained in any facility, if such individual is otherwise entitled to reimbursement for such services under such contract and incurs expense for the services so provided during confinement. This provision shall apply to any health care service plan contract entered into or renewed on or after July 1, 1980, whether or not such contract contains any provision terminating benefits under such plan upon an individual’s confinement in a city or county jail or juvenile detention facility.

Section § 1374.12

Explanation

This law ensures that health care service plans must cover expenses for members who receive care in a state hospital, as long as their policy typically covers those services. The coverage requirement applies even if there was a different hospital payment arrangement in place elsewhere. However, the health plan is not required to pay the state hospital more than what they would typically pay another contracted hospital for the same services.

No health care service plan contract issued, entered into, or renewed on or after July 1, 1984, shall be deemed to contain any provision restricting the liability of the plan with respect to expenses solely because the expenses were incurred while the member was in a state hospital, if the policy, contract, or agreement would have paid for the services but for the fact that they were provided in a state hospital. Nothing in this section shall be deemed to require a plan to pay a state hospital for covered expenses incurred by a member at a rate or charge higher than the plan would pay for such services to a hospital with which the plan has entered a contract providing for alternative rates of payment or limiting payments for services secured by members.

Section § 1374.13

Explanation

This law recognizes telehealth as a valid way for patients to receive healthcare services without meeting providers in person. Insurance plans can't require in-person visits before paying for services if telehealth is used, as long as the contract terms are met. The law also mandates that there's no restriction on where telehealth services occur. This applies to health service plan contracts and Medi-Cal managed care contracts with the State. However, if a health provider decides telehealth isn't suitable, they aren't required to use it.

(a)CA Health & Safety Code § 1374.13(a) For the purposes of this section, the definitions in subdivision (a) of Section 2290.5 of the Business and Professions Code apply.
(b)CA Health & Safety Code § 1374.13(b) It is the intent of the Legislature to recognize the practice of telehealth as a legitimate means by which an individual may receive health care services from a health care provider without in-person contact with the health care provider.
(c)CA Health & Safety Code § 1374.13(c) A health care service plan shall not require that in-person contact occur between a health care provider and a patient before payment is made for the covered services appropriately provided through telehealth, subject to the terms and conditions of the contract entered into between the enrollee or subscriber and the health care service plan, and between the health care service plan and its participating providers or provider groups, and pursuant to Section 1374.14.
(d)CA Health & Safety Code § 1374.13(d) A health care service plan shall not limit the type of setting where services are provided for the patient or by the health care provider before payment is made for the covered services appropriately provided through telehealth, subject to the terms and conditions of the contract entered into between the enrollee or subscriber and the health care service plan, and between the health care service plan and its participating providers or provider groups, and pursuant to Section 1374.14.
(e)CA Health & Safety Code § 1374.13(e) This section shall also apply to health care service plan contracts and Medi-Cal managed care plan contracts with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code.
(f)CA Health & Safety Code § 1374.13(f) Notwithstanding any other law, this section does not authorize a health care service plan to require the use of telehealth if the health care provider has determined that it is not appropriate.

Section § 1374.14

Explanation

This section of California law mandates that health care service plans must reimburse providers for telehealth services at the same rate as in-person services, provided those services are appropriately delivered. Providers and plans can negotiate rates, but these rates must be consistent when there's no in-person equivalent. Telehealth coverage can't be limited to specific providers and must be as accessible as in-person services. The law also notes that caps on payments should align with those for in-person care, and cost-sharing like copayments must not be higher for telehealth than for in-person services. Certain definitions from the Business and Professions Code apply, and the law is not applicable to specific Medi-Cal plans. If any part of this law is invalid, other parts remain effective.

(a)Copy CA Health & Safety Code § 1374.14(a)
(1)Copy CA Health & Safety Code § 1374.14(a)(1) A contract between a health care service plan and a health care provider for the provision of health care services to an enrollee or subscriber shall specify that the health care service plan shall reimburse the treating or consulting health care provider for the diagnosis, consultation, or treatment of an enrollee or subscriber appropriately delivered through telehealth services on the same basis and to the same extent that the health care service plan is responsible for reimbursement for the same service through in-person diagnosis, consultation, or treatment.
(2)CA Health & Safety Code § 1374.14(a)(2) This section does not limit the ability of a health care service plan and a health care provider to negotiate the rate of reimbursement for a health care service provided pursuant to a contract subject to this section. Services that are the same, as determined by the provider’s description of the service on the claim, shall be reimbursed at the same rate whether provided in person or through telehealth. When negotiating a rate of reimbursement for telehealth services for which no in-person equivalent exists, a health care service plan and the provider shall ensure the rate is consistent with subdivision (h) of Section 1367.
(3)CA Health & Safety Code § 1374.14(a)(3) This section does not require telehealth reimbursement to be unbundled from other capitated or bundled, risk-based payments.
(b)Copy CA Health & Safety Code § 1374.14(b)
(1)Copy CA Health & Safety Code § 1374.14(b)(1) A health care service plan contract shall specify that the health care service plan shall provide coverage for health care services appropriately delivered through telehealth services on the same basis and to the same extent that the health care service plan is responsible for coverage for the same service through in-person diagnosis, consultation, or treatment. Coverage shall not be limited only to services delivered by select third-party corporate telehealth providers.
(2)CA Health & Safety Code § 1374.14(b)(2) This section does not alter the obligation of a health care service plan to ensure that enrollees have access to all covered services through an adequate network of contracted providers, as required under Sections 1367, 1367.03, and 1367.035, and the regulations promulgated thereunder.
(3)CA Health & Safety Code § 1374.14(b)(3) This section does not require a health care service plan to cover telehealth services provided by an out-of-network provider, unless coverage is required under other law.
(c)CA Health & Safety Code § 1374.14(c) A health care service plan may offer a contract containing a copayment or coinsurance requirement for a health care service delivered through telehealth services, provided that the copayment or coinsurance does not exceed the copayment or coinsurance applicable if the same services were delivered through in-person diagnosis, consultation, or treatment. This subdivision does not require cost sharing for services provided through telehealth.
(d)CA Health & Safety Code § 1374.14(d) Services provided through telehealth and covered pursuant to this chapter shall be subject to the same deductible and annual or lifetime dollar maximum as equivalent services that are not provided through telehealth.
(e)CA Health & Safety Code § 1374.14(e) The definitions in subdivision (a) of Section 2290.5 of the Business and Professions Code apply to this section.
(f)CA Health & Safety Code § 1374.14(f) This section shall not apply to Medi-Cal managed care plans that contract with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000) of, Chapter 8 (commencing with Section 14200) of, or Chapter 8.75 (commencing with Section 14591) of, Part 3 of Division 9 of the Welfare and Institutions Code.
(g)CA Health & Safety Code § 1374.14(g) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

Section § 1374.15

Explanation

If a health care service plan has a contract with a public entity or part of the state government, the plan must share how it calculates payment rates if asked. They need to provide this information within 60 days.

Any health care service plan shall, upon request by any public entity or political subdivision of the state with whom it has entered into a contract, disclose within a reasonable time period, not to exceed 60 calendar days, the method and data used in calculating the rates of payment for the contract.

Section § 1374.16

Explanation

This law requires most health care plans to allow patients to get a standing referral to a specialist if their primary care doctor agrees it's necessary for ongoing care. Patients needing specialized care for serious, long-term conditions can also get referrals to specialists or specialty centers. Decisions about these referrals must be made quickly, typically within a few days. These requirements don't apply if the specialist is outside the plan's network unless no in-network specialist can provide the needed care. "Specialty care center" refers to facilities recognized for their expertise in treating severe illnesses. The law also defines a "standing referral" as permission for multiple specialist visits without needing separate referrals for each one.

(a)CA Health & Safety Code § 1374.16(a) Every health care service plan, except a specialized health care service plan, shall establish and implement a procedure by which an enrollee may receive a standing referral to a specialist. The procedure shall provide for a standing referral to a specialist if the primary care physician determines in consultation with the specialist, if any, and the plan medical director or his or her designee, that an enrollee needs continuing care from a specialist. The referral shall be made pursuant to a treatment plan approved by the health care service plan in consultation with the primary care physician, the specialist, and the enrollee, if a treatment plan is deemed necessary to describe the course of the care. A treatment plan may be deemed to be not necessary provided that a current standing referral to a specialist is approved by the plan or its contracting provider, medical group, or independent practice association. The treatment plan may limit the number of visits to the specialist, limit the period of time that the visits are authorized, or require that the specialist provide the primary care physician with regular reports on the health care provided to the enrollee.
(b)CA Health & Safety Code § 1374.16(b) Every health care service plan, except a specialized health care service plan, shall establish and implement a procedure by which an enrollee with a condition or disease that requires specialized medical care over a prolonged period of time and is life-threatening, degenerative, or disabling may receive a referral to a specialist or specialty care center that has expertise in treating the condition or disease for the purpose of having the specialist coordinate the enrollee’s health care. The referral shall be made if the primary care physician, in consultation with the specialist or specialty care center if any, and the plan medical director or his or her designee determines that this specialized medical care is medically necessary for the enrollee. The referral shall be made pursuant to a treatment plan approved by the health care service plan in consultation with the primary care physician, specialist or specialty care center, and enrollee, if a treatment plan is deemed necessary to describe the course of care. A treatment plan may be deemed to be not necessary provided that the appropriate referral to a specialist or specialty care center is approved by the plan or its contracting provider, medical group, or independent practice association. After the referral is made, the specialist shall be authorized to provide health care services that are within the specialist’s area of expertise and training to the enrollee in the same manner as the enrollee’s primary care physician, subject to the terms of the treatment plan.
(c)CA Health & Safety Code § 1374.16(c) The determinations described in subdivisions (a) and (b) shall be made within three business days of the date the request for the determination is made by the enrollee or the enrollee’s primary care physician and all appropriate medical records and other items of information necessary to make the determination are provided. Once a determination is made, the referral shall be made within four business days of the date the proposed treatment plan, if any, is submitted to the plan medical director or his or her designee.
(d)CA Health & Safety Code § 1374.16(d) Subdivisions (a) and (b) do not require a health care service plan to refer to a specialist who, or to a specialty care center that, is not employed by or under contract with the health care service plan to provide health care services to its enrollees, unless there is no specialist within the plan network that is appropriate to provide treatment to the enrollee, as determined by the primary care physician in consultation with the plan medical director as documented in the treatment plan developed pursuant to subdivision (a) or (b).
(e)CA Health & Safety Code § 1374.16(e) For the purposes of this section, “specialty care center” means a center that is accredited or designated by an agency of the state or federal government or by a voluntary national health organization as having special expertise in treating the life-threatening disease or condition or degenerative and disabling disease or condition for which it is accredited or designated.
(f)CA Health & Safety Code § 1374.16(f) As used in this section, a “standing referral” means a referral by a primary care physician to a specialist for more than one visit to the specialist, as indicated in the treatment plan, if any, without the primary care physician having to provide a specific referral for each visit.
(g)CA Health & Safety Code § 1374.16(g) This section shall become operative on (1) January 1, 2004, or (2) the date of adoption of an accreditation or designation by an agency of the state or federal government or by a voluntary national health organization of an HIV or AIDS specialist, whichever date is earlier.

Section § 1374.17

Explanation

This law ensures that health care service plans cannot deny coverage for organ or tissue transplants solely because a person is infected with HIV.

It also allows these plans to use various management techniques, like requiring prior approval or using their network of providers, as long as they follow the plan's rules and medical guidelines.

(a)CA Health & Safety Code § 1374.17(a) A health care service plan shall not deny coverage that is otherwise available under the plan contract for the costs of solid organ or other tissue transplantation services based upon the enrollee or subscriber being infected with the human immunodeficiency virus.
(b)CA Health & Safety Code § 1374.17(b) Notwithstanding any other provision of law, in the provision of benefits required by this section, a health care service plan may utilize case management, network providers, utilization review techniques, prior authorization, copayments, or other cost sharing, subject to the terms and conditions of the plan contract and consistent with sound clinical processes and guidelines.

Section § 1374.18

Explanation

Starting January 1, 2025, health care service plans in California must clearly indicate if an enrollee's dental coverage is regulated by the state. This information must be shown through a provider portal, if possible, or otherwise provided upon request. Additionally, any electronic or physical ID card issued for dental coverage must display 'State Regulated' if applicable.

This requirement applies to all contracts for dental services issued, sold, renewed, or offered in California, including specialized plans covering dental services.

(a)CA Health & Safety Code § 1374.18(a) To assist a provider in determining if an enrollee’s health care service plan coverage is regulated by the State of California, the health care service plan shall disclose whether the enrollee’s dental coverage is “State Regulated” through a provider portal, if available, or otherwise upon request, on or after January 1, 2025.
(b)CA Health & Safety Code § 1374.18(b) A health care service plan shall include the statement “State Regulated” if the enrollee’s dental coverage is subject to regulation by the department on an electronic or physical identification card, or both if available, for contracts covering dental services issued on or after January 1, 2025.
(c)CA Health & Safety Code § 1374.18(c) For purposes of this section, “health care service plan” means a health care service plan that issues, sells, renews, or offers a contract covering dental services, including a specialized health care service plan covering dental services.

Section § 1374.19

Explanation

This law applies to dental health plans and outlines how they should coordinate benefits when someone has multiple dental coverages. It explains terms like "coordination of benefits," "primary dental benefit plan," and "secondary dental benefit plan."

Health plans must clearly disclose their coordination of benefits policies to their members. When a primary plan coordinates with secondary plans, it should pay the full amount as per its contract. If a plan is secondary, it pays the lower amount between what it would normally cover and the member's remaining costs after the primary plan pays.

The section also clarifies that nothing here changes how plans determine which is primary or secondary when coordinating under current laws.

(a)CA Health & Safety Code § 1374.19(a)  This section shall only apply to a health care service plan covering dental services or a specialized health care service plan contract covering dental service pursuant to this chapter.
(b)CA Health & Safety Code § 1374.19(b) For purposes of this section, the following terms have the following meanings:
(1)CA Health & Safety Code § 1374.19(b)(1) “Coordination of benefits” means the method by which a health care service plan covering dental services or a specialized health care service plan contract, covering dental services, and one or more other health care service plans, specialized health care service plans, or disability insurers, covering dental services, pay their respective reimbursements for dental benefits when an enrollee is covered by multiple health care service plans or specialized health care services plan contracts, or a combination thereof, or a combination of health care service plans or specialized health care service plan contracts and disability insurers.
(2)CA Health & Safety Code § 1374.19(b)(2) “Primary dental benefit plan” means a health care service plan or specialized health care service plan contract regulated pursuant to this chapter or a dental insurance policy issued by a disability insurer regulated pursuant to Part 2 (commencing with Section 10110) of Division 2 of the Insurance Code that provides an enrollee or insured with primary dental coverage.
(3)CA Health & Safety Code § 1374.19(b)(3) “Secondary dental benefit plan” means a health care service plan or specialized health care service plan contract regulated pursuant to this chapter or a dental insurance policy issued by a disability insurer regulated pursuant to Part 2 (commencing with Section 10110) of Division 2 of the Insurance Code that provides an enrollee or insured with secondary dental coverage.
(c)CA Health & Safety Code § 1374.19(c) A health care service plan covering dental services or a specialized health care service plan issuing a specialized health care service plan contract covering dental services shall declare its coordination of benefits policy prominently in its evidence of coverage or contract with both enrollee and subscriber.
(d)CA Health & Safety Code § 1374.19(d) When a primary dental benefit plan is coordinating its benefits with one or more secondary dental benefits plans, it shall pay the maximum amount required by its contract with the enrollee or subscriber.
(e)CA Health & Safety Code § 1374.19(e) A health care service plan covering dental services or a specialized health care service plan contract covering dental services, when acting as a secondary dental benefit plan, shall pay the lesser of either the amount that it would have paid in the absence of any other dental benefit coverage, or the enrollee’s total out-of-pocket cost payable under the primary dental benefit plan for benefits covered under the secondary plan.
(f)CA Health & Safety Code § 1374.19(f) Nothing in this section is intended to conflict with or modify the way in which a health care service plan covering dental services or a specialized health care service plan covering dental services determines which dental benefit plan is primary and which is secondary in coordinating benefits with another plan or insurer pursuant to existing state law or regulation.

Section § 1374.51

Explanation

This law states that insurance plans cannot use the fact that a person was admitted to a psychiatric hospital either voluntarily or involuntarily to decide if they can get reimbursed for a claim.

No plan may utilize any information regarding whether an enrollee’s psychiatric inpatient admission was made on a voluntary or involuntary basis for the purpose of determining eligibility for claim reimbursement.

Section § 1374.55

Explanation

This law mandates that large group health plans in California must cover infertility diagnosis and treatment, including specific fertility services, starting January 1, 2026. This includes up to three oocyte retrievals with unlimited embryo transfers, following medical guidelines. Small group plans must offer some fertility services but aren't required to cover all infertility treatments.

Infertility is defined based on a doctor’s findings and the inability to conceive after certain periods of unprotected intercourse. The law prohibits plans from placing different restrictions or costs on fertility treatments compared to other medical treatments.

No discrimination in coverage based on demographics is allowed, though clinical judgment remains with physicians. The law doesn't apply to religious employers, specific state-run health plans like Medi-Cal, or some public employee health plans until a later date. State agencies can issue compliance guidance until January 2027.

(a)Copy CA Health & Safety Code § 1374.55(a)
(1)Copy CA Health & Safety Code § 1374.55(a)(1) A large group health care service plan contract, except a specialized health care service plan contract, that is issued, amended, or renewed on or after January 1, 2026, shall provide coverage for the diagnosis and treatment of infertility and fertility services, including a maximum of three completed oocyte retrievals with unlimited embryo transfers in accordance with the guidelines of the American Society for Reproductive Medicine (ASRM), using single embryo transfer when recommended and medically appropriate.
(2)CA Health & Safety Code § 1374.55(a)(2) A small group health care service plan contract, except a specialized health care service plan contract, that is issued, amended, or renewed on or after January 1, 2026, shall offer coverage for the diagnosis and treatment of infertility and fertility services. This paragraph shall not be construed to require a small group health care service plan contract to provide coverage for infertility services.
(3)CA Health & Safety Code § 1374.55(a)(3) A health care service plan shall include notice of the coverage specified in this section in the plan’s evidence of coverage.
(b)CA Health & Safety Code § 1374.55(b) For purposes of this section, “infertility” means a condition or status characterized by any of the following:
(1)CA Health & Safety Code § 1374.55(b)(1) A licensed physician’s findings, based on a patient’s medical, sexual, and reproductive history, age, physical findings, diagnostic testing, or any combination of those factors. This definition shall not prevent testing and diagnosis of infertility before the 12-month or 6-month period to establish infertility in paragraph (3).
(2)CA Health & Safety Code § 1374.55(b)(2) A person’s inability to reproduce either as an individual or with their partner without medical intervention.
(3)CA Health & Safety Code § 1374.55(b)(3) The failure to establish a pregnancy or to carry a pregnancy to live birth after regular, unprotected sexual intercourse. For purposes of this section, “regular, unprotected sexual intercourse” means no more than 12 months of unprotected sexual intercourse for a person under 35 years of age or no more than 6 months of unprotected sexual intercourse for a person 35 years of age or older. Pregnancy resulting in miscarriage does not restart the 12-month or 6-month time period to qualify as having infertility.
(c)CA Health & Safety Code § 1374.55(c) The contract may not include any of the following:
(1)CA Health & Safety Code § 1374.55(c)(1) Any exclusion, limitation, or other restriction on coverage of fertility medications that are different from those imposed on other prescription medications.
(2)CA Health & Safety Code § 1374.55(c)(2) Any exclusion or denial of coverage of any fertility services based on a covered individual’s participation in fertility services provided by or to a third party. For purposes of this section, “third party” includes an oocyte, sperm, or embryo donor, gestational carrier, or surrogate that enables an intended recipient to become a parent.
(3)CA Health & Safety Code § 1374.55(c)(3) Any deductible, copayment, coinsurance, benefit maximum, waiting period, or any other limitation on coverage for the diagnosis and treatment of infertility, except as provided in subdivision (a) that are different from those imposed upon benefits for services not related to infertility.
(d)CA Health & Safety Code § 1374.55(d) This section does not in any way deny or restrict any existing right or benefit to coverage and treatment of infertility or fertility services under an existing law, plan, or policy.
(e)CA Health & Safety Code § 1374.55(e) Consistent with Section 1365.5, coverage for the treatment of infertility and fertility services shall be provided without discrimination on the basis of age, ancestry, color, disability, domestic partner status, gender, gender expression, gender identity, genetic information, marital status, national origin, race, religion, sex, or sexual orientation. This subdivision shall not be construed to interfere with the clinical judgment of a physician and surgeon.
(f)CA Health & Safety Code § 1374.55(f) This section does not apply to Medi-Cal managed care health care service plan contracts or any entity that enters into a contract with the State Department of Health Care Services for the delivery of health care services pursuant to Chapter 7 (commencing with Section 14000), Chapter 8 (commencing with Section 14200), Chapter 8.75 (commencing with Section 14591), or Chapter 8.9 (commencing with Section 14700) of Part 3 of Division 9 of the Welfare and Institutions Code.
(g)CA Health & Safety Code § 1374.55(g) This section shall not apply to a religious employer, as defined in Section 1367.25.
(h)CA Health & Safety Code § 1374.55(h) This section shall not apply to a health care benefit plan or contract entered into with the Board of Administration of the Public Employees’ Retirement System pursuant to the Public Employees’ Medical and Hospital Care Act (Part 5 (commencing with Section 22750) of Division 5 of Title 2 of the Government Code) until July 1, 2027.
(i)Copy CA Health & Safety Code § 1374.55(i)
(1)Copy CA Health & Safety Code § 1374.55(i)(1) Until January 1, 2027, the director may issue guidance regarding compliance with this section, and that guidance shall not be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(2)CA Health & Safety Code § 1374.55(i)(2) The department shall consult with the Department of Insurance and stakeholders in issuing the guidance specified in paragraph (1).

Section § 1374.56

Explanation

This California law requires health care plans to cover the cost of testing and treating phenylketonuria (PKU), a rare genetic condition. The coverage must include special formulas and food products that are prescribed as part of a medically necessary diet to prevent serious health issues associated with PKU. This only applies if these specific items cost more than a regular diet. The law defines 'formula' and 'special food product' to clarify what's included under the coverage.

(a)CA Health & Safety Code § 1374.56(a)  On and after July 1, 2000, every health care service plan contract, except a specialized health care service plan contract, issued, amended, delivered, or renewed in this state that provides coverage for hospital, medical, or surgical expenses shall provide coverage for the testing and treatment of phenylketonuria (PKU) under the terms and conditions of the plan contract.
(b)CA Health & Safety Code § 1374.56(b)  Coverage for treatment of phenylketonuria (PKU) shall include those formulas and special food products that are part of a diet prescribed by a licensed physician and managed by a health care professional in consultation with a physician who specializes in the treatment of metabolic disease and who participates in or is authorized by the plan, provided that the diet is deemed medically necessary to avert the development of serious physical or mental disabilities or to promote normal development or function as a consequence of phenylketonuria (PKU).
(c)CA Health & Safety Code § 1374.56(c)  Coverage pursuant to this section is not required except to the extent that the cost of the necessary formulas and special food products exceeds the cost of a normal diet.
(d)CA Health & Safety Code § 1374.56(d)  For purposes of this section, the following definitions shall apply:
(1)CA Health & Safety Code § 1374.56(d)(1)  “Formula” means an enteral product or enteral products for use at home that are prescribed by a physician or nurse practitioner, or ordered by a registered dietician upon referral by a health care provider authorized to prescribe dietary treatments, as medically necessary for the treatment of phenylketonuria (PKU).
(2)CA Health & Safety Code § 1374.56(d)(2)  “Special food product” means a food product that is both of the following:
(A)CA Health & Safety Code § 1374.56(d)(2)(A)  Prescribed by a physician or nurse practitioner for the treatment of phenylketonuria (PKU) and is consistent with the recommendations and best practices of qualified health professionals with expertise germane to, and experience in the treatment and care of, phenylketonuria (PKU). It does not include a food that is naturally low in protein, but may include a food product that is specially formulated to have less than one gram of protein per serving.
(B)CA Health & Safety Code § 1374.56(d)(2)(B)  Used in place of normal food products, such as grocery store foods, used by the general population.

Section § 1374.57

Explanation

This law ensures that health care plans cannot deny coverage to a dependent child simply because they don't live with the employee or subscriber. If a court orders medical support, a noncustodial parent's health plan must enroll the child when either parent applies within 90 days of the order. However, plans are not required to enroll children outside their service area unless stated in other specific sections. All plans must follow certain standards in healthcare coverage as specified.

(a)CA Health & Safety Code § 1374.57(a)  No group health care service plan that provides hospital, medical, or surgical expense benefits for employees or subscribers and their dependents shall exclude a dependent child from eligibility or benefits solely because the dependent child does not reside with the employee or subscriber.
(b)CA Health & Safety Code § 1374.57(b)  A health care service plan that provides hospital, medical, or surgical expense benefits for employees or subscribers and their dependents shall enroll, upon application by the employer or group administrator, a dependent child of the noncustodial parent when the parent is the employee or subscriber, at any time the noncustodial or custodial parent makes an application for enrollment to the employer or group administrator when a court order for medical support exists. Except as provided in Section 1374.3, the application to the employer or group administrator shall be made within 90 days of the issuance of the court order. In the case of children who are eligible for medicaid, the State Department of Health Services or the district attorney in whose jurisdiction the child resides may make that application.
(c)CA Health & Safety Code § 1374.57(c)  This section shall not be construed to require that a health care service plan enroll a dependent who resides outside the plan’s geographic service area, except as provided in Section 1374.3.
(d)CA Health & Safety Code § 1374.57(d)  Notwithstanding any other provision of this section, all health care service plans shall comply with the standards set forth in Section 1374.3.

Section § 1374.58

Explanation

In California, group health care plans that offer benefits for medical, hospital, or surgical expenses must provide equal coverage for registered domestic partners and spouses of employees or subscribers. This means domestic partners should get the same coverage as spouses, with no discrimination based on the sex of the partners. Employers and guaranteed associations must be informed about this equal coverage requirement, and health plans must enroll domestic partners under the same terms as spouses.

To verify a domestic partnership, health plans can ask for a Declaration of Domestic Partnership or similar proof, just as they would for marital status verification. This requirement applies to plans issued, amended, delivered, or renewed from January 2, 2005, onwards. It's important to note this section doesn't change federal COBRA requirements for health coverage continuation.

(a)CA Health & Safety Code § 1374.58(a) A group health care service plan that provides hospital, medical, or surgical expense benefits shall provide equal coverage to employers or guaranteed associations, as defined in Section 1357, for the registered domestic partner of an employee or subscriber to the same extent, and subject to the same terms and conditions, as provided to a spouse of the employee or subscriber, and shall inform employers and guaranteed associations of this coverage. A plan shall not offer or provide coverage for a registered domestic partner that is not equal to the coverage provided to the spouse of an employee or subscriber, and shall not discriminate in coverage between spouses or domestic partners of a different sex and spouses or domestic partners of the same sex. The prohibitions and requirements imposed by this section are in addition to any other prohibitions and requirements imposed by law.
(b)CA Health & Safety Code § 1374.58(b) If an employer or guaranteed association has purchased coverage for spouses and registered domestic partners pursuant to subdivision (a), a health care service plan that provides hospital, medical, or surgical expense benefits for employees or subscribers and their spouses shall enroll, upon application by the employer or group administrator, a registered domestic partner of an employee or subscriber in accordance with the terms and conditions of the group contract that apply generally to all spouses under the plan, including coordination of benefits.
(c)CA Health & Safety Code § 1374.58(c) For purposes of this section, the term “domestic partner” shall have the same meaning as that term is used in Section 297 of the Family Code.
(d)Copy CA Health & Safety Code § 1374.58(d)
(1)Copy CA Health & Safety Code § 1374.58(d)(1) A health care service plan may require that the employee or subscriber verify the status of the domestic partnership by providing to the plan a copy of a valid Declaration of Domestic Partnership filed with the Secretary of State pursuant to Section 298 of the Family Code or an equivalent document issued by a local agency of this state, another state, or a local agency of another state under which the partnership was created. The plan may also require that the employee or subscriber notify the plan upon the termination of the domestic partnership.
(2)CA Health & Safety Code § 1374.58(d)(2) Notwithstanding paragraph (1), a health care service plan may require the information described in that paragraph only if it also requests from the employee or subscriber whose spouse is provided coverage, verification of marital status and notification of dissolution of the marriage.
(e)CA Health & Safety Code § 1374.58(e) Nothing in this section shall be construed to expand the requirements of Section 4980B of Title 26 of the United States Code, Section 1161, and following, of Title 29 of the United States Code, or Section 300bb-1, and following, of Title 42 of the United States Code, as added by the Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law 99-272), and as those provisions may be later amended.
(f)CA Health & Safety Code § 1374.58(f) A plan subject to this section that is issued, amended, delivered, or renewed in this state on or after January 2, 2005, shall be deemed to provide coverage for registered domestic partners that is equal to the coverage provided to a spouse of an employee or subscriber.

Section § 1374.75

Explanation

This law makes it illegal for health care service plans to treat someone unfairly because they have been a victim of domestic violence. Specifically, insurance companies cannot deny, cancel, or limit coverage, or charge more, based on domestic violence victimization.

While companies can consider medical conditions when determining coverage, they cannot consider whether those conditions were caused by domestic violence, nor treat individuals differently due to such victimization.

Domestic violence, as mentioned here, follows the definition found in the Family Code.

(a)CA Health & Safety Code § 1374.75(a)  No health care service plan shall deny, refuse to enroll, refuse to renew, cancel, restrict, or otherwise terminate, exclude, or limit coverage, or charge a different rate for the same coverage, on the basis that the applicant or covered person is, has been, or may be a victim of domestic violence.
(b)CA Health & Safety Code § 1374.75(b)  Nothing in this section shall prevent a health care service plan from underwriting coverage on the basis of the medical condition of an individual so long as the consideration of the condition (1) does not take into account whether such an individual’s medical condition was caused by an act of domestic violence, (2) is the same with respect to an applicant or enrollee who is not the subject of domestic violence as with an applicant or enrollee who is the subject of domestic violence, and (3) does not violate any other act, regulation, or rule of law. The fact that an individual is, has been, or may be the subject of domestic violence shall not be considered a medical condition.
(c)CA Health & Safety Code § 1374.75(c)  As used in this section, “domestic violence” means domestic violence, as defined in Section 6211 of the Family Code.

Section § 1374.141

Explanation

This law outlines rules for health care plans that offer telehealth services through third-party providers. It requires plans to inform enrollees they can receive services either in-person or via telehealth with their regular health professionals and outlines options and cost-sharing details for out-of-network benefits. Enrollees must consent to telehealth services and be informed about their medical records access and sharing with primary care providers.

Health service plans must also report to the state on telehealth use, including the number of services provided, demographics, and provider information. The state can investigate and enforce compliance with these rules. The law does not apply when enrollees directly use third-party telehealth services, and it's not applicable to certain state contracts like Medi-Cal.

(a)CA Health & Safety Code § 1374.141(a) If a health care service plan offers a service via telehealth to an enrollee through a third-party corporate telehealth provider, all of the following conditions shall be met:
(1)CA Health & Safety Code § 1374.141(a)(1) The health care service plan shall disclose to the enrollee in any promotion or coordination of the service both of the following:
(A)CA Health & Safety Code § 1374.141(a)(1)(A) The availability of receiving the service on an in-person basis or via telehealth, if available, from the enrollee’s primary care provider, treating specialist, or from another contracting individual health professional, contracting clinic, or contracting health facility consistent with the service and existing timeliness and geographic access standards in Sections 1367 and 1367.03 and regulations promulgated thereunder.
(B)CA Health & Safety Code § 1374.141(a)(1)(B) If the enrollee has coverage for out-of-network benefits, a reminder of the availability of receiving the service either via telehealth or on an in-person basis using the enrollee’s out-of-network benefits, and the cost sharing obligation for out-of-network benefits compared to in-network benefits and balance billing protections for services received from contracted providers.
(2)CA Health & Safety Code § 1374.141(a)(2) After being notified pursuant to paragraph (1), the enrollee chooses to receive the service via telehealth through a third-party corporate telehealth provider.
(3)CA Health & Safety Code § 1374.141(a)(3) The enrollee consents to the service consistent with Section 2290.5 of the Business and Professions Code.
(4)CA Health & Safety Code § 1374.141(a)(4) If the enrollee is currently receiving specialty telehealth services for a mental or behavioral health condition, the enrollee is given the option of continuing to receive that service with the contracting individual health professional, a contracting clinic, or a contracting health facility.
(b)CA Health & Safety Code § 1374.141(b) For purposes of this section, the following definitions apply:
(1)CA Health & Safety Code § 1374.141(b)(1) “Contracting individual health professional” means a physician and surgeon or other professional who is licensed by the state to deliver or furnish health care services, including mental and behavioral health services, and who is contracted with or employed by the enrollee’s health care service plan as a network provider. A “contracting individual health professional” shall not include a dentist licensed pursuant to the Dental Practice Act (Chapter 4 (commencing with Section 1600) of Division 2 of the Business and Professions Code). Application of this definition is not precluded by a contracting individual health professional’s affiliation with a group.
(2)CA Health & Safety Code § 1374.141(b)(2) “Contracting clinic” means a clinic, as defined in Section 1200, that is contracted with or owned by the enrollee’s health care service plan and as a network provider.
(3)CA Health & Safety Code § 1374.141(b)(3) “Contracting health facility” means a health facility, as defined in Section 1250 and paragraph (1) of subdivision (f) of Section 1371.9, that is contracted with or operated by the enrollee’s health care service plan and serves as a network provider.
(4)CA Health & Safety Code § 1374.141(b)(4) “Third-party corporate telehealth provider” means a corporation directly contracted with a health care service plan that provides health care services exclusively through a telehealth technology platform and has no physical location at which a patient can receive services.
(c)CA Health & Safety Code § 1374.141(c) If services are provided to an enrollee through a third-party corporate telehealth provider, a health care service plan shall comply with all of the following:
(1)CA Health & Safety Code § 1374.141(c)(1) Notify the enrollee of their right to access their medical records pursuant to, and consistent with, Chapter 1 (commencing with Section 123100) of Part 1 of Division 106.
(2)CA Health & Safety Code § 1374.141(c)(2) Notify the enrollee that the record of any services provided to the enrollee through a third-party corporate telehealth provider shall be shared with their primary care provider, unless the enrollee objects.
(3)CA Health & Safety Code § 1374.141(c)(3) Ensure that the records are entered into a patient record system shared with the enrollee’s primary care provider or are otherwise provided to the enrollee’s primary care provider, unless the enrollee objects, in a manner consistent with state and federal law.
(4)CA Health & Safety Code § 1374.141(c)(4) Notify the enrollee that all services received through the third-party corporate telehealth provider are available at in-network cost-sharing and out-of-pocket costs shall accrue to any applicable deductible or out-of-pocket maximum.
(d)CA Health & Safety Code § 1374.141(d) A health care service plan shall include in its reports submitted to the department pursuant to Section 1367.035 and regulations adopted pursuant to that section, in a manner specified by the department, all of the following for each product type:
(1)CA Health & Safety Code § 1374.141(d)(1) By specialty, the total number of services delivered via telehealth by third-party corporate telehealth providers.
(2)CA Health & Safety Code § 1374.141(d)(2) The names of each third-party corporate telehealth provider contracted with the plan and, for each, the number of services provided by specialty.
(3)CA Health & Safety Code § 1374.141(d)(3) For each third-party corporate telehealth provider with which it contracts, the percentage of the third-party corporate telehealth provider’s contracted providers available to the plan’s enrollees that are also contracting individual health professionals.
(4)CA Health & Safety Code § 1374.141(d)(4) For each third-party corporate telehealth provider with which it contracts, the types of telehealth services utilized by enrollees, including frequency of use, gender, age, and any other information as determined by the department.
(5)CA Health & Safety Code § 1374.141(d)(5) For each enrollee that has accessed services for a third-party corporate telehealth provider, enrollee demographic data, including gender and age, and any other information as determined by the department.
(e)CA Health & Safety Code § 1374.141(e) The director shall investigate and take enforcement action, as appropriate, against a health care service plan that fails to comply with these requirements and shall periodically evaluate contracts between health care service plans and third-party corporate telehealth providers to determine if any audit, evaluation, or enforcement actions should be undertaken by the department.
(f)CA Health & Safety Code § 1374.141(f) If a health care service plan delegates responsibilities under this section to a contracted entity, including, but not limited to, a medical group or independent practice association, the delegated entity shall comply with this section.
(g)CA Health & Safety Code § 1374.141(g) This section shall not apply when an enrollee seeks services directly from a third-party corporate telehealth provider.
(h)CA Health & Safety Code § 1374.141(h) This section shall not apply to a health care service plan contract or a Medi-Cal managed care plan contract with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code. The State Department of Health Care Services shall consider the appropriateness of applying the requirements of this section, in whole or in part, to the Medi-Cal program pursuant to the advisory group process described in paragraph (2) of subdivision (f) of Section 14124.12 of the Welfare and Institutions Code.

Section § 1374.142

Explanation

This law requires health care service plans that provide dental services through telehealth to report certain details to the department. These details include the number of services delivered through third-party telehealth providers, the percentage of available network providers who are also associated with third-party telehealth providers, and types of telehealth services used by enrollees, including data on the demographics of enrollees.

Additionally, health care plans must inform enrollees about how telehealth visits affect their benefits, such as any impact on frequency limitations and annual maximums. It clarifies that a third-party corporate telehealth provider refers to a company offering dental services solely through telehealth without a physical location and directly contracted with a health care plan.

(a)CA Health & Safety Code § 1374.142(a) A health care service plan that issues, sells, renews, or offers a plan contract covering dental services, including a specialized health care service plan contract covering dental services that offers a service via telehealth to an enrollee through a third-party corporate telehealth provider shall report to the department, in a manner specified by the department, all of the following for each product type:
(1)CA Health & Safety Code § 1374.142(a)(1) The total number of services delivered via telehealth by a third-party corporate telehealth provider.
(2)CA Health & Safety Code § 1374.142(a)(2) For each third-party corporate telehealth provider with which it contracts, the percentage of the third-party telehealth provider’s contracted providers available to the plan’s enrollees that are also network providers.
(3)CA Health & Safety Code § 1374.142(a)(3) For each third-party corporate telehealth provider with which it contracts, the types of telehealth services utilized by enrollees, including information on the gender and age of the enrollee, and any other information as determined by the department.
(b)CA Health & Safety Code § 1374.142(b) A health care service plan that issues, sells, renews, or offers a plan contract covering dental services, including a specialized health care service plan contract covering dental services that offers a service via telehealth to an enrollee through a third-party corporate telehealth provider, shall disclose to the enrollee the impact of third-party telehealth visits on the enrollee’s benefit limitations, including frequency limitations and the enrollee’s annual maximum.
(c)CA Health & Safety Code § 1374.142(c) Section 1374.141 shall not apply to specialized health care service plans covering dental services.
(d)CA Health & Safety Code § 1374.142(d) For the purposes of this section, “third-party corporate telehealth provider” means a corporation that provides dental services exclusively through a telehealth technology platform and has no physical location at which a patient can receive services, and is directly contracted with a health care service plan, including a specialized health care service plan, that issues, sells, renews, or offers a plan contract covering dental services.

Section § 1374.192

Explanation

This California law mandates that health care service plans must reimburse their contracted providers for extra business expenses incurred during a declared public health emergency starting January 1, 2022. This covers costs like personal protective equipment and extra clinical staff time needed to prevent the spread of infectious diseases.

Providers are reimbursed for each patient encounter, limited to one per day per enrollee, for the duration of the emergency. Contracts between providers and health care plans can be modified to address financial risks for testing related to public health emergencies, but only if both parties agree to new terms.

The law requires timely reimbursement and allows the state department to issue guidance on implementation, which isn't subject to the usual regulatory procedure. It applies to licensed physicians, surgeons, dentists, and podiatric doctors within qualifying health plans, excluding the COVID-19 state of emergency and certain state-managed plans like Medi-Cal.

(a)CA Health & Safety Code § 1374.192(a) Notwithstanding any other law, a health care service plan, including a specialized health care service plan and a health care service plan that issues, sells, renews, or offers a contract covering dental services, shall reimburse its contracting health care providers for business expenses to prevent the spread of diseases causing public health emergencies declared on or after January 1, 2022. For purposes of this subdivision, “business expenses” means personal protective equipment, additional supplies, materials, and clinical staff time over and above those expenses usually included in an office visit or other nonfacility service or services if performed during a public health emergency, as defined by law, due to respiratory-transmitted infectious disease and pursuant to subdivision (b).
(b)CA Health & Safety Code § 1374.192(b) A health care service plan shall reimburse a contracting health care provider pursuant to subdivision (a) for each individual patient encounter, limited to one encounter per day per enrollee for the duration of the public health emergency.
(c)CA Health & Safety Code § 1374.192(c) A change to a contract between a health care service plan and a health care provider that delegates financial risk for testing, including related items and services, related to a public health emergency declared pursuant to Section 8558 of the Government Code is a material change to the parties’ contract. A health care service plan shall not delegate the financial risk to a contracted health care provider for the cost of enrollee services provided under this section unless the parties have negotiated and agreed upon a new contract provision pursuant to Section 1375.7.
(d)CA Health & Safety Code § 1374.192(d) The department shall ensure a health care service plan provides timely reimbursement to its contracting health care providers pursuant to subdivision (a). The department may adopt guidance to implement this section. The guidance shall not be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(e)CA Health & Safety Code § 1374.192(e) For purposes of this section, “contracting health care provider” means a physician and surgeon, dentist, or doctor of podiatric medicine who is licensed by the state to deliver or furnish health care services, who owns or operates a practice, and who is contracted with the enrollee’s health care service plan. The term “contracting health care provider” only applies to a dentist if the enrollee is covered by a health care service plan contract or specialized health care service plan contract that includes dental benefits.
(f)CA Health & Safety Code § 1374.192(f) This section does not apply to the state of emergency declared by the Governor on March 4, 2020, relating to the coronavirus 2019 (COVID-19) pandemic.
(g)CA Health & Safety Code § 1374.192(g) This section shall not apply to a Medi-Cal managed care plan that contracts with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000) of, Chapter 8 (commencing with Section 14200) of, or Chapter 8.75 (commencing with Section 14591) of, Part 3 of Division 9 of the Welfare and Institutions Code.

Section § 1374.193

Explanation

This law explains how third-party access to dental provider networks works. A health care service plan or contracting entity can allow a third party access to a provider's network contract if certain conditions are met. Providers should be clearly informed about third-party access options and can choose not to participate in such agreements. Contracts must clearly outline third-party access rights, and updates about third parties should be frequently provided. If any violations occur, providers aren't required to perform services under those unauthorized contracts. This law doesn't apply to dental services under federal Medicare or Medicaid programs or certain internal affiliate agreements. Finally, regulations will help enforce this section.

(a)CA Health & Safety Code § 1374.193(a) A health care service plan that issues, sells, renews, or offers a plan contract covering dental services, including a specialized health care service plan contract covering dental services, or a contracting entity may grant a third party access to a provider network contract, or a provider’s dental services or contractual discounts provided pursuant to a provider network contract if the requirements of subdivisions (b) and (c) are met.
(b)CA Health & Safety Code § 1374.193(b) A health care service plan that issues, sells, renews, or offers a plan contract covering dental services may grant a third party access to a provider network contract if, at the time the provider network contract is entered into, and at any time a notice is sent to a health care provider as required under Section 1375.7, the provider network contract allows a provider to choose not to participate in third-party access to the provider network contract. The third-party access provision of the provider network contract shall be clearly identified. A plan shall not grant third-party access to the provider network contract of a provider that does not participate in third-party access to the provider network contract.
(c)CA Health & Safety Code § 1374.193(c) A contracting entity may grant a third party access to a provider network contract, or a provider’s dental services or contractual discounts provided pursuant to a provider network contract, if all of the following are met:
(1)CA Health & Safety Code § 1374.193(c)(1) The provider network contract specifically states that the contracting entity may enter into an agreement with a third party that would allow the third party to obtain the contracting entity’s rights and responsibilities as if the third party were the contracting entity, and when the contracting entity is a health care service plan, the provider chose to participate in third-party access at the time the provider network contract was entered into.
(2)CA Health & Safety Code § 1374.193(c)(2) If the contracting entity is a health care service plan, the third-party access provision of the provider network contract shall clearly identify in the plan contract and notice to the provider, as required pursuant to Section 1375.7, the following language conspicuously placed on the first page of the document in 12-point underlined type:
This contract grants third-party access to the provider network. The provider network contracting entity has entered into an agreement with other dental plans or third parties that allows the third party to obtain the contracting entity’s rights and responsibilities as if the third party were the contracting entity. The list of all third parties with access to this provider network can be found at (insert internet website as identified in paragraph (4)). You have the right to choose not to participate in third-party access. To exercise your right to not participate in the third-party access, submit your written or electronic request to the health care service plan.
(3)CA Health & Safety Code § 1374.193(3) The contracting entity identifies prior to signing the contract, in writing or electronic form to the provider, all third parties in existence as of the date the provider network contract is entered into.
(4)CA Health & Safety Code § 1374.193(4) The contracting entity identifies all third parties in existence in a list on its internet website that is updated at least once every 90 days.
(5)Copy CA Health & Safety Code § 1374.193(5)
(A)Copy CA Health & Safety Code § 1374.193(5)(A) The contracting entity requires a third party to identify the source of the discount on all written or electronic remittance advices or explanations of payment under which a discount is taken.
(B)CA Health & Safety Code § 1374.193(5)(A)(B) This paragraph does not apply to electronic transactions mandated by the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191).
(6)CA Health & Safety Code § 1374.193(6) A third party’s right to a provider’s discounted rate ceases as of the termination date of the provider network contract.
(7)CA Health & Safety Code § 1374.193(7) The contracting entity makes available a copy of the provider network contract relied on in the adjudication of a claim to a participating provider within 30 days of a request from the provider.
(d)CA Health & Safety Code § 1374.193(d) A provider is not bound by or required to perform dental treatment or services under a provider network contract granted to a third party in violation of this section.
(e)CA Health & Safety Code § 1374.193(e) This section does not apply if any of the following criteria are met:
(1)CA Health & Safety Code § 1374.193(e)(1) The provider network contract is for dental services provided to a beneficiary of the federal Medicare Program pursuant to Title XVIII of the federal Social Security Act (42 U.S.C. Sec. 1395 et seq.) or the federal Medicaid program pursuant to Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.).
(2)CA Health & Safety Code § 1374.193(e)(2) Access to a provider network contract is granted to a health care service plan that issues, sells, renews, or offers a plan contract covering dental services, including a specialized health care service plan contract covering dental services, or a contracting entity operating under the same brand licensee program as the contracting entity.
(3)CA Health & Safety Code § 1374.193(e)(3) Access to a provider network contract is granted to an affiliate of a contracting entity. A list of the contracting entity’s affiliates shall be made available to a provider in writing or electronic form before access is granted to a third party pursuant to subdivision (b).
(f)CA Health & Safety Code § 1374.193(f) The director shall adopt regulations as are necessary to implement and enforce this section in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(g)CA Health & Safety Code § 1374.193(g) As used in this section:
(1)CA Health & Safety Code § 1374.193(g)(1) “Contracting entity” means a person or entity that enters into direct contracts with providers for the delivery of dental services in the ordinary course of business, including a health care service plan or third-party administrator.
(2)CA Health & Safety Code § 1374.193(g)(2) “Dental services” means services for the diagnosis, prevention, treatment, or cure of a dental condition, illness, injury, or disease. “Dental services” does not include services delivered by a provider that are billed as medical expenses under a health care service plan contract or specialized health care service plan contract.
(3)CA Health & Safety Code § 1374.193(g)(3) “Provider” means an individual or entity that provides dental services or supplies, as defined by the health care service plan contract or specialized health care service plan contract, including a dentist or physician, but not a physician organization that leases or rents its network to a third party.
(4)CA Health & Safety Code § 1374.193(g)(4) “Provider network contract” means a contract between a contracting entity and a provider entered into on or after January 1, 2020, that specifies the rights and responsibilities of the contracting entity and provides for the delivery and payment of dental services to an enrollee.
(5)CA Health & Safety Code § 1374.193(g)(5) “Third party” means a person or entity that enters into a contract with a contracting entity or with another third party to gain access to the dental services or contractual discounts of a provider network contract. “Third party” does not include an employer or other group for whom the health care service plan, specialized health care service plan, or contracting entity provides administrative services, including the payment of claims.

Section § 1374.194

Explanation

This law defines several terms related to dental insurance plans in California. A "dental waiting period provision" is when an insurance plan limits coverage for a certain time after coverage starts. A "preexisting condition provision" excludes or limits coverage for conditions treated before the coverage began. Starting January 1, 2025, dental insurance plans in California cannot include waiting periods for large group plans or use preexisting condition clauses at all. However, this rule doesn't apply to certain Medi-Cal dental plans.

(a)CA Health & Safety Code § 1374.194(a) The following definitions shall apply for purposes of this section:
(1)CA Health & Safety Code § 1374.194(a)(1) “Dental waiting period provision” means a plan contract provision that limits coverage for a specified period of time following an enrollee’s effective date of coverage.
(2)CA Health & Safety Code § 1374.194(a)(2) “Plan” means a health care service plan that issues, sells, renews, or offers a plan contract covering dental services, including a specialized health care service plan covering dental services.
(3)CA Health & Safety Code § 1374.194(a)(3) “Preexisting condition provision” means a contract provision that excludes or limits coverage for services, charges, or expenses incurred following an enrollee’s effective date of coverage for a condition for which dental services, diagnosis, care, or treatment was recommended or received preceding the effective date of coverage.
(b)CA Health & Safety Code § 1374.194(b) On and after January 1, 2025, a plan shall not issue, amend, renew, or offer a plan contract that imposes a dental waiting period provision in a large group plan or preexisting condition provision for any plan.
(c)CA Health & Safety Code § 1374.194(c) This section does not apply to Medi-Cal dental managed care contracts authorized under Chapter 7 (commencing with Section 14000) and Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code.

Section § 1374.195

Explanation

This law section outlines rules regarding contracts between dental plans and dentists. Dentists aren't required to accept prices set by the plan for services that aren't covered. If a service isn't covered, dentists can't charge patients more than their usual rates. Contracts after July 1, 2011, must clearly state that non-covered services will have regular charges and provide a cost estimate and treatment plan to patients before service.

'Covered services' are those the plan pays for, but if something isn't covered due to limits like deductibles or maximums, it isn't considered a 'covered service'.

(a)CA Health & Safety Code § 1374.195(a)  With respect to a contract between a health care service plan or specialized health care service plan and a dentist to provide covered dental services to enrollees of the plan, the contract shall not require a dentist to accept an amount set by the plan as payment for dental care services provided to an enrollee that are not covered services under the enrollee’s plan contract. This subdivision shall only apply to provider contracts issued, amended, or renewed on or after January 1, 2011.
(b)CA Health & Safety Code § 1374.195(b) A provider shall not charge more for dental services that are not covered services under a plan contract than his or her usual and customary rate for those services. The department shall not be required to enforce this subdivision.
(c)CA Health & Safety Code § 1374.195(c) The evidence of coverage and disclosure form, or combined evidence of coverage and disclosure form, for every health care service plan contract covering dental services, or specialized health care service plan contract covering dental services, that is issued, amended, or renewed on or after July 1, 2011, shall include the following statement:
IMPORTANT: If you opt to receive dental services that are not covered services under this plan, a participating dental provider may charge you his or her usual and customary rate for those services. Prior to providing a patient with dental services that are not a covered benefit, the dentist should provide to the patient a treatment plan that includes each anticipated service to be provided and the estimated cost of each service. If you would like more information about dental coverage options, you may call member services at [insert appropriate telephone number] or your insurance broker. To fully understand your coverage, you may wish to carefully review this evidence of coverage document.
(d)CA Health & Safety Code § 1374.195(d) For purposes of this section, “covered services” or “covered dental services” means dental care services for which the plan is obligated to pay pursuant to an enrollee’s plan contract, or for which the plan would be obligated to pay pursuant to an enrollee’s plan contract but for the application of contractual limitations such as deductibles, copayments, coinsurance, waiting periods, annual or lifetime maximums, frequency limitations, or alternative benefit payments.

Section § 1374.196

Explanation

This law states that starting January 1, 2027, or when federal rules are finalized, health care service plans in California must set up several specific types of technology interfaces known as APIs. These include systems for patient access, provider access, exchange between payers, and prior authorization.

The APIs need to follow standards set by federal Medicare and Medicaid rules and timelines. Before 2027, the director can give guidance to health care plans on how to comply without following formal procedures. This guidance should involve input from the State Department of Health Care Services.

The law also confirms that this new requirement doesn't change existing rules related to health care services.

(a)CA Health & Safety Code § 1374.196(a) Commencing January 1, 2027, or when final federal rules are implemented, whichever occurs later, the department shall require a health care service plan to establish and maintain the following application programming interfaces (API) for the benefit of enrollees and contracted providers, as applicable:
(1)CA Health & Safety Code § 1374.196(a)(1) Patient access API.
(2)CA Health & Safety Code § 1374.196(a)(2) Provider access API.
(3)CA Health & Safety Code § 1374.196(a)(3) Payer-to-payer API.
(4)CA Health & Safety Code § 1374.196(a)(4) Prior authorization API.
(b)CA Health & Safety Code § 1374.196(b) API described in subdivision (a) shall be in accordance with standards published in a final rule issued by the federal Centers for Medicare and Medicaid Services and published in the Federal Register, and shall align with federal effective dates, including enforcement delays and suspensions, issued by the federal Centers for Medicare and Medicaid Services.
(c)Copy CA Health & Safety Code § 1374.196(c)
(1)Copy CA Health & Safety Code § 1374.196(c)(1) Until January 1, 2027, the director may issue guidance to health care service plans regarding compliance with this section and that guidance shall not be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(2)CA Health & Safety Code § 1374.196(c)(2) In developing the guidance under this subdivision, the department shall seek input from the State Department of Health Care Services.
(d)CA Health & Safety Code § 1374.196(d) This section does not limit existing requirements under this chapter, including, but not limited to, Section 1367.27.

Section § 1374.197

Explanation

If a health care plan in California offers mental health and substance use disorder services, they must check and confirm a provider's qualifications within 60 days of receiving their completed application, starting January 1, 2023. Once they get the application, they're required to notify the provider within seven business days if it's complete or not. This 60-day rule is just for verifying credentials, not the entire contracting process.

(a)CA Health & Safety Code § 1374.197(a) For provider contracts issued, amended, or renewed on and after January 1, 2023, a health care service plan that provides coverage for mental health and substance use disorders and that credentials health care providers of those services for its networks shall assess and verify the qualifications of a health care provider within 60 days after receiving a completed provider credentialing application. Upon receipt of the application by the credentialing department, the health care service plan shall notify the applicant within seven business days, to verify receipt and inform the applicant whether the application is complete. The 60-day timeline shall apply only to the credentialing process and does not include contracting completion.
(b)CA Health & Safety Code § 1374.197(b) For the purposes of this section, “mental health and substance use disorder” and “health care provider” have the same meanings as defined in Section 1374.72.

Section § 1374.551

Explanation

This law states that if a medical treatment could lead to infertility as a side effect, basic health care is required to cover standard fertility preservation services. This is separate from infertility treatment coverage. Iatrogenic infertility is defined as infertility resulting from surgery, chemotherapy, radiation, or other medical treatments. Standard fertility preservation services align with guidelines set by the American Society of Clinical Oncology and the American Society for Reproductive Medicine.

However, this requirement does not apply to Medi-Cal managed care or any health care plans contracted under certain state programs.

(a)CA Health & Safety Code § 1374.551(a) When a covered treatment may directly or indirectly cause iatrogenic infertility, standard fertility preservation services are a basic health care service, as defined in subdivision (b) of Section 1345, and are not within the scope of coverage for the treatment of infertility for the purposes of Section 1374.55.
(b)CA Health & Safety Code § 1374.551(b) For purposes of this section, the following definitions apply:
(1)CA Health & Safety Code § 1374.551(b)(1) “Iatrogenic infertility” means infertility caused directly or indirectly by surgery, chemotherapy, radiation, or other medical treatment.
(2)CA Health & Safety Code § 1374.551(b)(2) “May directly or indirectly cause” means medical treatment with a possible side effect of infertility, as established by the American Society of Clinical Oncology or the American Society for Reproductive Medicine.
(3)CA Health & Safety Code § 1374.551(b)(3) “Standard fertility preservation services” means procedures consistent with the established medical practices and professional guidelines published by the American Society of Clinical Oncology or the American Society for Reproductive Medicine.
(c)CA Health & Safety Code § 1374.551(c) This section does not apply to Medi-Cal managed care health care service plan contracts or any entity that enters into a contract with the State Department of Health Care Services for the delivery of health care services pursuant to Chapter 7 (commencing with Section 14000), Chapter 8 (commencing with Section 14200), Chapter 8.75 (commencing with Section 14591), or Chapter 8.9 (commencing with Section 14700) of Part 3 of Division 9 of the Welfare and Institutions Code.