Section § 1374.20

Explanation

This law states that a group health care service plan cannot change the premium rates, copayments, coinsurance, or deductibles during the contract period, unless certain conditions apply. Specifically, these charges can't be changed after the group contractholder accepts the contract, after the employer's annual open enrollment period starts, or after the first month's premium has been paid. However, changes are permitted if they are allowed or required by the group contract, if the contract is based on a preliminary agreement needing a final agreement, or if both parties agree to changes in writing.

(a)CA Health & Safety Code § 1374.20(a)  No group health care service plan shall change the premium rates or applicable copayments or coinsurances or deductibles for the length of the contract, except as specified in subdivision (b), during any of the following time periods:
(1)CA Health & Safety Code § 1374.20(a)(1)  After the group contractholder has delivered written notice of acceptance of the contract.
(2)CA Health & Safety Code § 1374.20(a)(2)  After the start of the employer’s annual open enrollment period.
(3)CA Health & Safety Code § 1374.20(a)(3)  After the receipt of payment of the premium for the first month of coverage in accordance with the contract effective date.
(b)CA Health & Safety Code § 1374.20(b)  Changes to the premium rates or applicable copayments or coinsurances or deductibles of a contract shall, subject to the plan meeting the requirements of this article, be allowed in any of the following circumstances:
(1)CA Health & Safety Code § 1374.20(b)(1)  When authorized or required in the group contract.
(2)CA Health & Safety Code § 1374.20(b)(2)  When the contract was agreed to under a preliminary agreement that states that it is subject to execution of a definitive agreement.
(3)CA Health & Safety Code § 1374.20(b)(3)  When the plan and contractholder mutually agree in writing.

Section § 1374.21

Explanation

This law requires health care service plans to notify their clients about changes in premiums or coverage well before the contract renewal date: at least 60 days for small groups and 120 days for large groups. For large groups, the notice must include specific information like rate comparisons and an option for departmental rate reviews. If a health plan declines to offer coverage or enroll a large group, it must clearly explain why in writing.

If a plan's rate is deemed unreasonable, the contractholder must be notified and informed of their options, including seeking other coverage. Notifications to contractholders about unreasonable rates have specific wording requirements and should guide them towards other options like contacting Covered California. Moreover, health plans can include a web address with further justifications for the rate changes, and the notice should also be sent to any enrolled solicitor for assistance in coverage selection.

(a)Copy CA Health & Safety Code § 1374.21(a)
(1)Copy CA Health & Safety Code § 1374.21(a)(1) A change in premium rates or changes in coverage stated in a small group health care service plan contract shall not become effective unless the plan has delivered in writing a notice indicating the change or changes at least 60 days prior to the contract renewal effective date.
(2)CA Health & Safety Code § 1374.21(a)(2) A change on premium rates or changes in coverage stated in a large group health care service plan contract shall not become effective unless the plan has delivered a written notice indicating the change or changes at least 120 days before the contract renewal effective date. The notice for large group health plans shall include the following information:
(A)CA Health & Safety Code § 1374.21(a)(2)(A) Whether the rate proposed to be in effect is greater than the average rate increase for individual market products negotiated by the California Health Benefit Exchange for the most recent calendar year for which the rates are final.
(B)CA Health & Safety Code § 1374.21(a)(2)(B) Whether the rate proposed to be in effect is greater than the average rate increase negotiated by the Board of Administration of the Public Employees’ Retirement System for the most recent calendar year for which the rates are final or greater than the average rate increase for coverage offered in the large group market, as filed pursuant to Section 1385.045.
(C)CA Health & Safety Code § 1374.21(a)(2)(C) Whether the rate change includes any portion of the excise tax paid by the health plan.
(D)CA Health & Safety Code § 1374.21(a)(2)(D) How to obtain the rate filing required under Article 6.2 (commencing with Section 1385.01).
(E)CA Health & Safety Code § 1374.21(a)(2)(E) How to apply to the department to have the proposed rate reviewed by the department if a request is made within 30 days of the notice.
(b)CA Health & Safety Code § 1374.21(b) A health care service plan that declines to offer coverage to or denies enrollment for a large group applying for coverage shall, at the time of the denial of coverage, provide the applicant with the specific reason or reasons for the decision in writing, in clear, easily understandable language.
(c)Copy CA Health & Safety Code § 1374.21(c)
(1)Copy CA Health & Safety Code § 1374.21(c)(1) For group health care service plan contracts, if the department determines that a rate is unreasonable or not justified consistent with Article 6.2 (commencing with Section 1385.01), the plan shall notify the contractholder of this determination. This notification may be included in the notice required in subdivision (a).
(2)CA Health & Safety Code § 1374.21(c)(2) The notification to the contractholder shall be developed by the department and shall include the following statements in 14-point type:
(A)CA Health & Safety Code § 1374.21(c)(2)(A) The Department of Managed Health Care has determined that the rate for this product is unreasonable or not justified after reviewing information submitted to it by the plan.
(B)CA Health & Safety Code § 1374.21(c)(2)(B) The contractholder has the option to obtain other coverage from this plan or another plan, or to keep this coverage.
(C)CA Health & Safety Code § 1374.21(c)(2)(C) Small business purchasers may want to contact Covered California at www.coveredca.com for help in understanding available options.
(3)CA Health & Safety Code § 1374.21(c)(3) In developing the notification, the department shall take into consideration that this notice is required to be provided to a small group applicant pursuant to subdivision (g) of Section 1385.03.
(4)CA Health & Safety Code § 1374.21(c)(4) The development of the notification required under this subdivision shall not be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(5)CA Health & Safety Code § 1374.21(c)(5) The plan may include in the notification to the contractholder the internet website address at which the plan’s final justification for implementing an increase that has been determined to be unreasonable by the director may be found pursuant to Section 154.230 of Title 45 of the Code of Federal Regulations.
(6)CA Health & Safety Code § 1374.21(c)(6) The notice shall also be provided to the solicitor for the contractholder, if any, so that the solicitor may assist the purchaser in finding other coverage.

Section § 1374.22

Explanation

This law requires that a group contract holder receive written notice at least 60 days before their health contract renewal date. The notice must be mailed to their last known address and include the exact dollar amount and percentage of any premium rate increase in italics and 12-point type.

Additionally, it should clearly outline any changes in the plan design or benefits, especially if there are reductions, exclusions, or conditions, also highlighted in italics. The reasons for premium or benefit changes must be clearly stated in bold type of at least 10 points.

(a)CA Health & Safety Code § 1374.22(a) The written notice described in subdivision (a) of Section 1374.21 shall be delivered by mail at the last known address at least 60 days prior to the renewal effective date to the group contract holder.
(b)CA Health & Safety Code § 1374.22(b) The written notice shall state in italics and in 12-point type the actual dollar amount and the specific percentage of the premium rate increase. Further, the notice shall describe in plain understandable English and highlighted in italics any changes in the plan design or change in benefits with reduction in benefits, waivers, exclusions, or conditions.
(c)CA Health & Safety Code § 1374.22(c) The written notice shall specify in a minimum of 10-point bold typeface the reason or reasons for premium rate changes, plan design, or plan benefit changes.

Section § 1374.23

Explanation

If a health plan doesn't guarantee its rates, design, or benefits for more than 180 days, it must mail a written notice to the group contract holder at least 30 days before the contract renewal date.

Notwithstanding subdivision (a) of Section 1374.22, if the plan does not guarantee either premium rates or plan design or benefits for any specified time period greater than 180 days, it shall deliver the written notice by mail to the group contract holder at least 30 days prior to the group contract renewal effective date.

Section § 1374.24

Explanation
This law says that health care service plans and their representatives can't be sued for any statements made in communications about a notice, such as written or spoken explanations of why the notice was given, or in court discussions involving the notice, unless those statements were made maliciously, which means with actual bad intent.
There shall be no liability on the part of, and no cause of action of any nature shall arise against, any health care service plan required to provide the notice or its authorized representatives, or agents, for any statement made, unless shown to have been made with malice in fact, by any of them in (a) any written notice or in any other oral or written communication specifying the reasons for the notice, (b) any communication providing information pertaining to that notice, or (c) evidence submitted at any court proceeding or informal inquiry in which that notice is at issue.

Section § 1374.25

Explanation

This law states that if you send a notice to someone at the latest address linked to their policy or plan, this counts as adequate proof that you have sent the required notice.

Proof of mailing a notice and the reason therefor to the appropriate entity or individual at the most current policy or plan address shall be sufficient proof of the notice required by this chapter.

Section § 1374.26

Explanation

This law gives the director the authority to create, change, or add new regulations as needed to manage the responsibilities outlined in this article. These rules can be updated whenever necessary to respond to changing conditions, following a specific process in the Government Code.

The director may, as required by this article, or from time to time as conditions warrant, pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, adopt reasonable regulations, and amendments and additions thereto, as are necessary to administer this article.

Section § 1374.27

Explanation

This law says that the director has the power to fine, suspend, or revoke the license of any health care service plan if they break the rules laid out in this section or related regulations. Before taking action, there must be a notice and a hearing, following specific government procedures. The director also has the flexibility to use various legal actions together to enforce these rules.

The director may levy administrative penalties and may suspend or revoke the license or licenses issued to any health care service plan, after notice and hearing, to have violated this article or a regulation adopted pursuant to the authority of this article. Notice of hearing shall be accomplished and a hearing conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the director shall have all of the powers granted therein.
The remedies available to the director pursuant to this article are not exclusive, and may be sought and employed in any combination with other remedies deemed advisable by the director to enforce the provisions of this article.

Section § 1374.28

Explanation

This law allows the director to suspend a health care service plan's ability to operate if, after being notified and given a hearing, the plan is found to have violated certain rules or regulations, or if it knowingly allows someone to break these rules.

In addition to any other penalty provided by law or the availability of any administrative procedure, if a health care service plan, after notice and hearing, is found to have violated this article, or regulations adopted pursuant to this article, or knowingly permits any person to do so, the director may suspend the authority of the plan to transact business.

Section § 1374.29

Explanation

This law aims to protect the public by stopping unfair health care practices and ensuring people know ahead of time about changes in health coverage costs. It helps consumers and employers compare options to find more affordable health insurance.

The purpose of this article is to promote the public interest, to prevent unfair and unlawful health care business practices, and to promote adequate consumer and employer advance notice of changes in the cost of health coverage in order to allow for comparative shopping and to reduce the cost of health coverage.

Section § 1374.255

Explanation

This section applies to health care service plan contracts, both grandfathered and nongrandfathered, in individual and small group markets starting January 1, 2017. It prohibits changing the cost-sharing terms of these plans during the plan year unless required by law. Cost sharing refers to any enrollee payments like copayments, coinsurance, or deductibles, but not premiums. For nongrandfathered individual plans, the plan year is defined as the calendar year.

(a)CA Health & Safety Code § 1374.255(a) This section shall apply to grandfathered health care service plan contracts and nongrandfathered health care service plan contracts in the individual or small group markets that are issued, amended, or renewed on or after January 1, 2017.
(b)CA Health & Safety Code § 1374.255(b) Notwithstanding paragraph (1) of subdivision (b) of Section 1374.20, a health care service plan contract shall not change the cost-sharing design during the plan year, except when required by state or federal law.
(c)CA Health & Safety Code § 1374.255(c) For purposes of this section, the following definitions shall apply:
(1)CA Health & Safety Code § 1374.255(c)(1) “Cost sharing” includes any copayment, coinsurance, deductible, or any other form of cost sharing by the enrollee other than the premium or share of premium.
(2)CA Health & Safety Code § 1374.255(c)(2) “Plan year” has the meaning set forth in Section 144.103 of Title 45 of the Code of Federal Regulations. For nongrandfathered health care service plan contracts in the individual market, “plan year” means the calendar year.
(3)CA Health & Safety Code § 1374.255(c)(3) “Cost-sharing design” means the amount or proportion of cost sharing applied to a covered benefit.