Health Care Service PlansStandards
Section § 1367
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.
Section § 1367.001
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.
Section § 1367.01
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.
Section § 1367.1
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.
Section § 1367.002
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.
Section § 1367.02
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.
Section § 1367.2
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.
Section § 1367.003
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.
Section § 1367.03
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.
Section § 1367.3
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.
Section § 1367.004
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.
Section § 1367.04
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.
Section § 1367.4
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.
Section § 1367.005
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.
Section § 1367.05
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.
Section § 1367.5
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.
Section § 1367.006
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.
Section § 1367.06
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.
Section § 1367.6
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.
Section § 1367.007
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.
Section § 1367.07
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.
Section § 1367.7
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.
Section § 1367.008
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.
Section § 1367.08
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.
Section § 1367.8
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.
Section § 1367.009
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.
Section § 1367.09
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.
Section § 1367.9
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.
Section § 1367.010
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.
Section § 1367.10
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.
Section § 1367.012
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.
Section § 1367.12
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.
Section § 1367.015
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.
Section § 1367.15
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.
Section § 1367.016
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.
Section § 1367.18
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.
Section § 1367.19
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.
Section § 1367.20
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.
Section § 1367.21
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.
Section § 1367.22
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.
Section § 1367.23
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.
Section § 1367.24
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.
Section § 1367.25
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.
Section § 1367.27
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.
Section § 1367.28
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.
Section § 1367.29
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.
Section § 1367.30
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.
Section § 1367.031
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.
Section § 1367.31
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.
Section § 1367.32
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.
Section § 1367.33
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.
Section § 1367.34
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.
Section § 1367.035
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.
Section § 1367.35
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.
Section § 1367.36
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.
Section § 1367.37
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.
Section § 1367.38
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.
Section § 1367.39
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.
Section § 1367.041
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.
Section § 1367.41
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.
Section § 1367.042
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.
Section § 1367.42
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.
Section § 1367.043
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.
Section § 1367.43
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.
Section § 1367.045
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.
Section § 1367.45
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.
Section § 1367.46
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.
Section § 1367.47
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.
Section § 1367.49
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.
Section § 1367.50
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.
Section § 1367.51
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.
Section § 1367.54
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.
Section § 1367.0061
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.
Section § 1367.61
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.
Section § 1367.62
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.
Section § 1367.63
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.
Section § 1367.64
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.
Section § 1367.65
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.
Section § 1367.66
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.
Section § 1367.67
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.
Section § 1367.68
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.
Section § 1367.69
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.
Section § 1367.71
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.
Section § 1367.0085
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%.
Section § 1367.205
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.
Section § 1367.206
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.
Section § 1367.207
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.
Section § 1367.215
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.
Section § 1367.241
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.
Section § 1367.243
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.
Section § 1367.244
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.
Section § 1367.251
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.
Section § 1367.255
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.
Section § 1367.624
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.
Section § 1367.625
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.
Section § 1367.626
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.
Section § 1367.627
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.
Section § 1367.635
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.
Section § 1367.656
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.
Section § 1367.665
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.
Section § 1367.667
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.
Section § 1367.668
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.
Section § 1367.695
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).
Section § 1368
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.
Section § 1368.01
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.
Section § 1368.1
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.
Section § 1368.02
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.
Section § 1368.2
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.
Section § 1368.03
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.
Section § 1368.04
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.
Section § 1368.05
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.
Section § 1368.5
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.
Section § 1368.7
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.
Section § 1368.015
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.
Section § 1368.016
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.
Section § 1368.017
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.
Section § 1369
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.
Section § 1370
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.
Section § 1370.1
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.
Section § 1370.2
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.
Section § 1370.4
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.
Section § 1370.6
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.
Section § 1371
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.
Section § 1371
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.
Section § 1371.1
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.
Section § 1371.2
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.
Section § 1371.3
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.
Section § 1371.4
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.
Section § 1371.5
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.
Section § 1371.8
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.
Section § 1371.9
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.
Section § 1371.22
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.
Section § 1371.25
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.
Section § 1371.30
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.
Section § 1371.31
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.
Section § 1371.34
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.
Section § 1371.35
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.
Section § 1371.35
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.
Section § 1371.36
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.
Section § 1371.37
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.
Section § 1371.38
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.
Section § 1371.39
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.
Section § 1371.51
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.
Section § 1371.55
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.
Section § 1371.56
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.
Section § 1372
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.
Section § 1373
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.
Section § 1373.1
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.
Section § 1373.2
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.
Section § 1373.3
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.
Section § 1373.4
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.
Section § 1373.5
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.
Section § 1373.6
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.
Section § 1373.7
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.
Section § 1373.8
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.
Section § 1373.9
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.
Section § 1373.10
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.
Section § 1373.11
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.
Section § 1373.12
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.
Section § 1373.13
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.
Section § 1373.14
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.
Section § 1373.18
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.
Section § 1373.19
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.
Section § 1373.20
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.
Section § 1373.21
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.
Section § 1373.65
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.
Section § 1373.95
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.
Section § 1373.96
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.
Section § 1373.620
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.
Section § 1373.621
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.
Section § 1373.622
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.
Section § 1374
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.
Section § 1374.1
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.
Section § 1374.3
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.
Section § 1374.5
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.
Section § 1374.7
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.
Section § 1374.8
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.
Section § 1374.9
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.
Section § 1374.10
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.
Section § 1374.11
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.
Section § 1374.12
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.
Section § 1374.13
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.
Section § 1374.14
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.
Section § 1374.15
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.
Section § 1374.16
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.
Section § 1374.17
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.
Section § 1374.18
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.
Section § 1374.19
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.
Section § 1374.51
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.
Section § 1374.55
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.
Section § 1374.56
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.
Section § 1374.57
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.
Section § 1374.58
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.
Section § 1374.75
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.
Section § 1374.141
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.
Section § 1374.142
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.
Section § 1374.192
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.
Section § 1374.193
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.
Section § 1374.194
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.
Section § 1374.195
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'.
Section § 1374.196
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.
Section § 1374.197
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.
Section § 1374.551
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.