Section § 12693.25

Explanation

This law allows the board to use different methods, like a purchasing pool model, giving purchasing credits, or offering extra coverage, to achieve the goals of this part of the insurance regulations.

The board may use a purchasing pool model, issuance of purchasing credits, supplemental coverage, or other means as appropriate to meet the purposes of this part.

Section § 12693.26

Explanation

This law requires the establishment of a purchasing pool to help applicants without affordable employer-sponsored benefits provide their children with health, dental, and vision coverage. The board can negotiate contracts with health, dental, and vision plans or other entities to offer these benefits, and is not limited by usual bidding requirements.

The board can work with entities outside of traditional health plans to ensure compliance with federal laws and provide ample access to benefits for subscribers. Interagency agreements are exempt from competitive bidding and some standard review procedures, streamlining the process for implementing these benefits.

(a)CA Insurance Code § 12693.26(a) The board shall establish a purchasing pool for coverage of program subscribers to enable applicants without access to affordable and comprehensive employer-sponsored dependent coverage to provide their eligible children with health, dental, and vision benefits. The board shall negotiate separate contracts with participating health, dental, and vision plans for each of the benefit packages described in Chapters 5 (commencing with Section 12693.60), 6 (commencing with Section 12693.63), and 7 (commencing with Section 12693.65).
(b)CA Insurance Code § 12693.26(b) Notwithstanding any other provision of law, on and after January 1, 2011, the board may negotiate contracts with entities that are not participating health, dental, or vision plans, including, but not limited to, interagency agreements with the State Department of Health Care Services, to provide or pay for benefits to subscribers under this part, if necessary for any of the following purposes:
(1)CA Insurance Code § 12693.26(b)(1) To comply with Section 403 of the federal Children’s Health Insurance Program Reauthorization Act of 2009 (Public Law 111-3) by applying paragraph (4) of subsection (a) of Section 1932 of the federal Social Security Act.
(2)CA Insurance Code § 12693.26(b)(2) To comply with Section 503 of the federal Children’s Health Insurance Program Reauthorization Act of 2009 (Public Law 111-3) by applying subsection (bb) of Section 1902 of the federal Social Security Act.
(3)CA Insurance Code § 12693.26(b)(3) To ensure that subscribers have adequate access to benefits under this part.
(c)CA Insurance Code § 12693.26(c) Any interagency agreement entered into by a state agency with the board pursuant to subdivision (b), and any other contract or contract amendment necessary to implement that agreement, shall be exempt from any provision of law relating to competitive bidding and from the review or approval of any division of the Department of General Services in the same manner as contracts entered into by the board are exempt pursuant to Section 12693.54.

Section § 12693.27

Explanation

This section describes a system for helping families with employer-sponsored health plans enroll their children using a purchasing credit. If a company offers affordable and comprehensive health coverage for dependents, the government can help enroll the children in the employer's plan through this credit.

For the credit, employers must contribute significantly to the cost of the dependent coverage without focusing on employee wage or job type. Employers and health plans must use all the funds strictly for coverage. If the dependent leaves the plan, there are mechanisms to reclaim funds. Also, employees won't pay more than they would if the kids were in a separate purchasing pool program, even for additional coverage. Participation may be limited to employers in certain cooperative health arrangements.

(a)CA Insurance Code § 12693.27(a) The board shall develop a purchasing credit mechanism to enable applicants with access to affordable and comprehensive employer-sponsored dependent coverage to have an eligible child enrolled in the employer’s health plan. Children enrolled in the purchasing credit mechanism may receive dental and vision benefits through the purchasing pool component of the program.
(b)CA Insurance Code § 12693.27(b) In order to be eligible for a purchasing credit, the employer shall make a meaningful contribution toward the cost of coverage for an employee’s dependents for whom an application is made for a purchasing credit. An employer’s contribution, including any increases or decreases in the contribution made after the effective date of this part, may not vary among employees based on wage base or job classification.
(c)CA Insurance Code § 12693.27(c) The board shall adopt appropriate mechanisms to recoup purchasing credit expenditures from an employer plan when the employees or dependents on behalf of whose coverage the payments are made are no longer enrolled in that plan.
(d)CA Insurance Code § 12693.27(d) An employer utilizing a purchasing credit arrangement and a participating health plan receiving a purchasing credit must use 100 percent of the funds for the purchase of coverage for purchasing credit members including dependent coverage.
(e)CA Insurance Code § 12693.27(e) A participating plan shall not assess the board for any portion of late fees, returned checks, or other fees in connection with an employer with group coverage who is also participating in the purchasing credit arrangement.
(f)CA Insurance Code § 12693.27(f) An applicant may begin coverage for dependents using a purchasing credit arrangement at any time. Purchasing credit members enrolling in employer-sponsored coverage shall not be considered late enrollees for the purposes of subdivision (d) of Section 1357 and subdivision (b) of Section 1357.50 of the Health and Safety Code, and subdivision (b) of Section 10198.6 and subdivision (l) of Section 10700.
(g)CA Insurance Code § 12693.27(g) Under no circumstances shall the employee’s share of cost, including, deductibles, copayments, and coinsurance, for dependent coverage, including any supplemental coverage necessary to meet the 95 percent actuarial standard established in Section 12693.15 be more than that required as the employee’s share of premium if the employee’s children were enrolled in the purchasing pool component of the program.
(h)CA Insurance Code § 12693.27(h) The board may limit participation in the purchasing credit program to those employers that provide employee health benefits through participation in public or private purchasing cooperatives.

Section § 12693.28

Explanation

This law ensures that the program is managed fairly and equally without discrimination based on gender, race, sexual orientation, health status, disability, or job type.

The program shall be administered without regard to gender, gender identity, gender expression, race, creed, color, sexual orientation, health status, disability, or occupation.

Section § 12693.29

Explanation

This law requires the board to inform families about the availability of health coverage for children. They need to use effective methods like brochures and outreach campaigns. The State Department of Health Services will help with community outreach and education to spread the word about this coverage.

(a)CA Insurance Code § 12693.29(a) The board shall use appropriate and efficient means to notify families of the availability of health coverage from the program.
(b)CA Insurance Code § 12693.29(b) The State Department of Health Services in conjunction with the board shall conduct a community outreach and education campaign in accordance with Section 14067 of the Welfare and Institutions Code to assist in notifying families of the availability of health coverage for their children.
(c)CA Insurance Code § 12693.29(c) The board shall use appropriate materials, which may include brochures, pamphlets, fliers, posters, and other promotional items, to notify families of the availability of coverage through the program.

Section § 12693.30

Explanation

This law ensures that the health insurance program makes its enrollment information available in all major languages spoken in the area, based on a specified government list. Additionally, the program must provide phone services in these languages for subscribers and applicants.

The law also requires that interpreter services be available to help subscribers communicate with their health plan providers, and that network directories list providers who speak multiple languages.

Lastly, health, dental, and vision plans participating in the program must show how they offer services and marketing materials that are culturally and linguistically appropriate for diverse subscribers.

(a)CA Insurance Code § 12693.30(a) The board shall assure that written enrollment information issued or provided by the program is available to program subscribers and applicants in each of the languages identified pursuant to Chapter 17.5 (commencing with Section 7290) of Division 7 of Title 1 of the Government Code.
(b)CA Insurance Code § 12693.30(b) The board shall assure that phone services provided to program subscribers and applicants by the program are available in all of the languages identified pursuant to Chapter 17.5 (commencing with Sec. 7290) of Division 7 of Title 1 of the Government Code.
(c)CA Insurance Code § 12693.30(c) The board shall assure that interpreter services are available between subscribers and contracting plans. The board shall assure that subscribers are provided information within provider network directories of available linguistically diverse providers.
(d)CA Insurance Code § 12693.30(d) The board shall assure that participating health, dental, and vision plans provide documentation on how they provide linguistically and culturally appropriate services, including marketing materials, to subscribers.

Section § 12693.31

Explanation

This law makes sure that health, dental, or vision plans cannot give out any marketing materials about the program's benefits or pricing unless those materials have been checked and approved by the board overseeing the program. This applies to materials shared by anyone working directly or indirectly for the plan in areas the program serves.

No participating health, dental, or vision plan shall, in an area served by the program, directly, or through an employee, agent, or contractor, provide an applicant, or a child with any marketing material relating to benefits or rates provided under the program unless the material has been both reviewed and approved by the board.

Section § 12693.32

Explanation

This law allows the board to pay individuals or organizations for helping applicants fill out program applications if the applicant is successfully enrolled. The board decides who is eligible to receive these payments and sets up rules for payment integrity. As part of outreach efforts, community-based initiatives may inform people about the program, but they cannot choose a health plan or provider for applicants. Plans cannot solicit applicants directly except through certain employers. All assistance must be free, except for the board's application payments. Asking for money for application help without board approval is fined at $500 per violation. The Attorney General or other officials can take legal action against those breaking these rules, with actions needing to be filed within three years of the violation discovery.

(a)CA Insurance Code § 12693.32(a) The board may pay designated individuals or organizations an application assistance fee, if the individual or organization assists an applicant to complete the program application, and the applicant is enrolled in the program as a result of the application.
(b)CA Insurance Code § 12693.32(b) The board may establish the list of eligible individuals, or categories of individuals and organizations, the amount of the application assistance payment, and rules necessary to assure the integrity of the payment process.
(c)CA Insurance Code § 12693.32(c) The board, as part of its community outreach and education campaign, may include community-based face-to-face initiatives to educate potentially eligible applicants about the program and to assist potential applicants in the application process. Those entities undertaking outreach efforts shall not include as part of their responsibilities the selection of a health plan and provider for the applicant. Participating plans shall be prohibited from directly, indirectly, or through their agents conducting in-person, door-to-door, mail, or telephone solicitation of applicants for enrollment except through employers with employees eligible to participate in the purchasing credit mechanism. However, information approved by the board on the providers and plans available to prospective subscribers in their geographic areas shall be distributed through any door-to-door activities for potentially eligible applicants and their children.
(d)Copy CA Insurance Code § 12693.32(d)
(1)Copy CA Insurance Code § 12693.32(d)(1) All assistance offered to an individual applying to the program shall be free of charge. Except as provided in subdivision (a) or by a regulation adopted by the board, no individual or organization offering or providing assistance to an applicant to complete the program application shall solicit or receive any fee or remuneration from the applicant or subscriber for offering or providing that service.
(2)CA Insurance Code § 12693.32(d)(2) A person who violates this subdivision or a regulation adopted by the board pursuant to this subdivision, shall be assessed a civil penalty of five hundred dollars ($500) for each violation. For this purpose, a violation occurs each day a solicitation is published on an Internet Web site or is otherwise circulated to the public. This penalty is in addition to any other remedy or penalty provided by law. All penalties collected under this paragraph shall be deposited in the State Treasury to the credit of the Healthy Families Fund.
(3)CA Insurance Code § 12693.32(d)(3) A civil or administrative action brought under this article at the request of the board may be brought by the Attorney General in the name of the people of the State of California in a court of competent jurisdiction, or in a hearing through the Office of Administrative Hearings conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, except that when a civil action is to be filed in small claims court, the board may bring the action. The action shall be filed within three years of the date the board discovered the facts indicating a violation of this subdivision.

Section § 12693.33

Explanation

This law mandates the creation of a combined application form for Medi-Cal and another program aimed at enrolling children, designed by the State Department of Health Services and another board. They aim to streamline the process as much as possible while following federal laws and securing any necessary federal approvals.

To the extent feasible and permissible under federal law and with receipt of necessary federal approvals, the State Department of Health Services and the board shall develop a joint Medi-Cal and program application and enrollment form for children. The department shall seek any federal approval necessary to implement a combined application form.

Section § 12693.34

Explanation

This law allows the board in charge to set specific regions where health, dental, and vision plans can be offered to subscribers. It also ensures that county health systems or local health initiatives can still serve subscribers within their approved areas.

(a)CA Insurance Code § 12693.34(a) The board may establish geographic areas within which participating health, dental, and vision plans may offer coverage to subscribers.
(b)CA Insurance Code § 12693.34(b) Nothing in this section shall restrict a county organized health system or a local initiative from providing service to program subscribers in their licensed geographic service area.

Section § 12693.35

Explanation

This law outlines the requirements for health, dental, and vision plans that want to participate in the program. Firstly, they need to be financially strong and able to cover the costs of services, possibly using risk-sharing methods like reinsurance. Secondly, they must have good administrative skills. Thirdly, they require a process for handling complaints. Additionally, plans involving healthcare providers must review care quality, ensure care is appropriate, and make sure services are accessible to members. Before contracts start, plans must have a clear system to identify that services are provided under the program, and they must continue to use this system during the contract. Lastly, plans licensed by the Department of Managed Health Care automatically meet certain requirements.

Participating health, dental, and vision plans shall have, but need not be limited to, all of the following operating characteristics satisfactory to the board in consultation with the plan’s licensing or regulatory oversight agency:
(a)CA Insurance Code § 12693.35(a) Strong financial condition, including the ability to assume the risk of providing and paying for covered services. A participating plan may utilize reinsurance, provider risk sharing, and other appropriate mechanisms to share a portion of the risk.
(b)CA Insurance Code § 12693.35(b) Adequate administrative management.
(c)CA Insurance Code § 12693.35(c) A satisfactory grievance procedure.
(d)CA Insurance Code § 12693.35(d) Participating plans that contract with or employ health care providers shall have mechanisms to accomplish all of the following, in a manner satisfactory to the board:
(1)CA Insurance Code § 12693.35(d)(1) Review the quality of care covered.
(2)CA Insurance Code § 12693.35(d)(2) Review the appropriateness of care covered.
(3)CA Insurance Code § 12693.35(d)(3) Provide accessible health care services.
(e)Copy CA Insurance Code § 12693.35(e)
(1)Copy CA Insurance Code § 12693.35(e)(1) Before the effective date of the contract, the participating health plan shall have devised a system for identifying in a simple and clear fashion both in its own records and in the medical records of subscribers the fact that the services provided are provided under the program.
(2)CA Insurance Code § 12693.35(e)(2) Throughout the duration of the contract, the plan shall use the system described in paragraph (1).
(f)CA Insurance Code § 12693.35(f) Plans licensed by the Department of Managed Health Care shall be deemed to meet the requirements of subdivisions (a) to (d), inclusive, of this section.

Section § 12693.36

Explanation

This law states that the board managing health-related plans is not required to be licensed or regulated by the California Department of Insurance or the Department of Managed Health Care. However, any health, dental, or vision plans that want to participate in the program must be properly licensed and in good standing with their respective regulatory bodies. These plans need to prove their compliance when applying to join the program.

(a)CA Insurance Code § 12693.36(a) Notwithstanding any other provision of law, the board shall not be subject to licensure or regulation by the Department of Insurance or the Department of Managed Health Care, as the case may be.
(b)CA Insurance Code § 12693.36(b) Participating health, dental, and vision plans that contract with the program and are regulated by either the Insurance Commissioner or the Department of Managed Health Care shall be licensed and in good standing with their respective licensing agencies. In their application to the program, those entities shall provide assurance of their standing with the appropriate licensing entity.

Section § 12693.37

Explanation

This law requires the board to contract with a variety of health plans, giving subscribers a choice among competing options. Health plans must be selected based on objective criteria, and the board must ensure that plans include traditional and safety net providers. Each year, participating plans need to submit a report detailing their provider networks, covering aspects like geographic access, linguistic services, ethnic diversity of providers, and subscriber choices for traditional providers.

The board will assess provider networks beyond the Department of Managed Health Care's findings, focusing on areas with significant uninsured children in low-income families. Health plans with more providers in these targeted areas will receive priority. Additionally, the board will designate a plan in each area with the most traditional providers, offering discounts to subscribers. Limits on plan administrative costs will also be established.

(a)CA Insurance Code § 12693.37(a) The board shall contract with a broad range of health plans in an area, if available, to ensure that subscribers have a choice from among a reasonable number and types of competing health plans. The board shall develop and make available objective criteria for health plan selection and provide adequate notice of the application process to permit all health plans a reasonable and fair opportunity to participate. The criteria and application process shall allow participating health plans to comply with their state and federal licensing and regulatory obligations, except as otherwise provided in this chapter. Health plan selection shall be based on the criteria developed by the board.
(b)Copy CA Insurance Code § 12693.37(b)
(1)Copy CA Insurance Code § 12693.37(b)(1) In its selection of participating plans the board shall take all reasonable steps to assure the range of choices available to each applicant, other than a purchasing credit member, shall include plans that include in their provider networks and have signed contracts with traditional and safety net providers.
(2)CA Insurance Code § 12693.37(b)(2) Participating health plans shall be required to submit to the board on an annual basis a report summarizing their provider network. The report shall provide, as available, information on the provider network as it relates to:
(A)CA Insurance Code § 12693.37(b)(2)(A) Geographic access for the subscribers.
(B)CA Insurance Code § 12693.37(b)(2)(B) Linguistic services.
(C)CA Insurance Code § 12693.37(b)(2)(C) The ethnic composition of providers.
(D)CA Insurance Code § 12693.37(b)(2)(D) The number of subscribers who selected traditional and safety net providers.
(c)Copy CA Insurance Code § 12693.37(c)
(1)Copy CA Insurance Code § 12693.37(c)(1) The board shall not rely solely on the Department of Managed Health Care’s determination of a health plan network’s adequacy or geographic access to providers in the awarding of contracts under this part. The board shall collect and review demographic, census, and other data to provide to prospective local initiatives, health plans, or specialized health plans, as defined in this act, specific provider contracting target areas with significant numbers of uninsured children in low-income families. The board shall give priority to those plans, on a county-by-county basis, that demonstrate that they have included in their prospective plan networks significant numbers of providers in these geographic areas.
(2)CA Insurance Code § 12693.37(c)(2) Targeted contracting areas are those ZIP Codes or groups of ZIP Codes or census tracts or groups of census tracts that have a percentage of uninsured children in low-income families greater than the overall percentage of uninsured children in low-income families in that county.
(d)CA Insurance Code § 12693.37(d) In each geographic area, the board shall designate a community provider plan that is the participating health plan which has the highest percentage of traditional and safety net providers in its network. Subscribers selecting such a plan shall be given a family contribution discount as described in Section 12693.43.
(e)CA Insurance Code § 12693.37(e) The board shall establish reasonable limits on health plan administrative costs.

Section § 12693.38

Explanation

This law section requires a board to contract with enough dental and vision plans to ensure all subscribers have access to these benefits. The board must create clear criteria for choosing these plans and allow all providers a fair chance to apply. Participating plans must comply with state and federal regulations if possible. Selection will be based on the board's criteria.

Dental plans must annually report on their provider network, including geographic access, language services, and the ethnic diversity of providers. Additionally, the board must set reasonable limits on the administrative costs of dental plans.

(a)CA Insurance Code § 12693.38(a) The board shall contract with a sufficient number of dental and vision plans to assure that dental and vision benefits are available to all subscribers. The board shall develop and make available objective criteria for dental and vision plan selection and provide adequate notice of the application process to permit all dental and vision plans a reasonable and fair opportunity to participate. The criteria and application process shall allow participating dental and vision plans to comply with their state and federal licensing and regulatory obligations, except as otherwise provided in this part. Dental and vision plan selection shall be based on the criteria developed by the board.
(b)CA Insurance Code § 12693.38(b) Participating dental plans shall be required to submit to the board on an annual basis a report summarizing their provider network. The report shall provide, as available, information on the provider network as it relates to each of the following:
(1)CA Insurance Code § 12693.38(b)(1) Geographic access for the subscribers.
(2)CA Insurance Code § 12693.38(b)(2) Linguistic services.
(3)CA Insurance Code § 12693.38(b)(3) The ethnic composition of providers.
(c)CA Insurance Code § 12693.38(c) The board shall establish reasonable limits on dental plan administrative costs.

Section § 12693.39

Explanation

This law requires the board to create a system to decide which employer-sponsored health plans can get a purchasing credit from a special program. The chosen plans must offer benefits, copayments, coinsurance, and deductibles that are at least 95% as valuable as the ones given to people enrolled in the program's purchasing pool.

The board shall establish a process for determining which employer-sponsored health plans are eligible to receive a purchasing credit issued by the program. The process shall assure that the benefits, copayments, coinsurance, and deductibles are no less than 95 percent actuarially equivalent to those provided to program subscribers enrolled in the purchasing pool.

Section § 12693.40

Explanation

This law states that when an applicant or their spouse has an employer-sponsored health plan that doesn't offer benefits roughly equal to 95% of those given to subscribers, the board must arrange for supplemental coverage. If this extra coverage is provided, the plan can qualify for purchasing credits, even if it normally wouldn't under another section noted in the law.

The board shall contract with health plans to provide coverage supplemental to that provided by an applicant’s or applicant’s spouse’s employer-sponsored health plan for the purchasing credit member, if the employer-sponsored plan’s benefits are not 95 percent actuarially equivalent to those provided to subscribers. If supplemental coverage is available and provided, the plan may then, notwithstanding Section 12693.39, become eligible to receive purchasing credits.

Section § 12693.41

Explanation

This law requires that the board works with the State Department of Health Services to set up a preenrollment process for the Healthy Families Program and Medi-Cal, which is a California Medicaid program. When someone fills out a follow-up application, it serves as an application for these health programs. The preenrollment is handled by the Department of Health Services and is provided at no cost to the applicant.

The board can use the state's Medicaid fiscal intermediary to manage eligibility checks and payments. It doesn't have to follow some typical state procurement rules when using these services.

The board is also allowed to create emergency regulations to help with preenrollment into these health programs. These rules can change aspects like who can join and how they join or leave the programs. Emergency regulations are quickly put into effect and are temporarily exempt from a detailed review process, but they need to be filed for public record.

The section went into effect on April 1, 2003.

(a)CA Insurance Code § 12693.41(a) The board shall consult and coordinate with the State Department of Health Services in implementing a preenrollment program into the Healthy Families Program or the Medi-Cal program pursuant to subdivision (b) of Section 14011.7 of the Welfare and Institutions Code. The board shall accept the followup application provided for in Section 14011.7 of the Welfare and Institutions Code as an application for the Healthy Families Program. Preenrollment shall be administered by the State Department of Health Services to provide full-scope benefits pursuant to Medi-Cal program requirements, at no cost to the applicant.
(b)CA Insurance Code § 12693.41(b) The board may use the state fiscal intermediary for medicaid to process the eligibility determinations and payments required pursuant to Section 14011.7 of the Welfare and Institutions Code.
(c)CA Insurance Code § 12693.41(c) The board shall be exempt from the requirements of Chapter 7 (commencing with Section 11700) of Division 3 of Title 2 of the Government Code and Chapter 3 (commencing with Section 12100) of Part 2 of Division 2 of the Public Contract Code as those requirements apply to the use of processing services by the state fiscal intermediary.
(d)CA Insurance Code § 12693.41(d) The board may adopt emergency regulations to implement preenrollment into the Healthy Families Program or the Medi-Cal program pursuant to Section 14011.7 of the Welfare and Institutions Code. The emergency regulations shall include, but not be limited to, regulations that implement any changes in rules relating to eligibility, enrollment, and disenrollment in the programs pursuant to Sections 12693.45 and 12693.70. The initial adoption of emergency regulations and one readoption of the initial regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, and general welfare. Initial emergency regulations and the first readoption of those regulations shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and one readoption of those regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and publication in the California Code of Regulations and each shall remain in effect for no more than 180 days.
(e)CA Insurance Code § 12693.41(e) This section shall become operative on April 1, 2003.

Section § 12693.42

Explanation

This law section limits how much money the board or its contractor can spend on purchasing credits for health insurance. The total cost for these credits cannot exceed what it would cost to enroll someone in the cheapest insurance plan available. This includes not only the insurance itself but also any administrative expenses and extra products, which should all be factored into the final amount of the purchasing credit.

Any purchasing credit issued by the board, or a contractor acting on behalf of the board, pursuant to this part shall have an overall cost to the program no greater than the cost to the program to enroll the subscriber in the lowest cost plan available to the subscriber through the purchasing pool. Administrative costs and the cost to the program of any supplemental product shall be included in the calculation of the cost of the purchasing credit program and deducted from the amount of the purchasing credit.

Section § 12693.43

Explanation

This law outlines the rules for family contributions in applying to a health insurance purchasing pool. Applicants need to pay a set fee unless a sponsor covers it. There are two parts to the contribution: a flat fee and any additional costs from plan choices exceeding the highest cost Family Value Package in their area.

Contribution amounts vary based on family income relative to the federal poverty level, with specific dollar amounts defined for different income brackets and time periods. There are discounts for selecting certain plans and paying contributions through electronic means.

If applicants pay three months’ worth of contributions upfront, they get a fourth month free. The law intends to comply with federal premium cost-sharing limits and allows for adjustments if federal approval is required. Some regulations under this law are seen as emergencies and bypass certain standard requirements for urgent implementation.

(a)CA Insurance Code § 12693.43(a) Applicants applying to the purchasing pool shall agree to pay family contributions, unless the applicant has a family contribution sponsor. Family contribution amounts consist of the following two components:
(1)CA Insurance Code § 12693.43(a)(1) The flat fees described in subdivision (b) or (d).
(2)CA Insurance Code § 12693.43(a)(2) Any amounts that are charged to the program by participating health, dental, and vision plans selected by the applicant that exceed the cost to the program of the highest cost Family Value Package in a given geographic area.
(b)CA Insurance Code § 12693.43(b) In each geographic area, the board shall designate one or more Family Value Packages for which the required total family contribution is:
(1)CA Insurance Code § 12693.43(b)(1) Seven dollars ($7) per child with a maximum required contribution of fourteen dollars ($14) per month per family for applicants with annual household incomes up to and including 150 percent of the federal poverty level.
(2)Copy CA Insurance Code § 12693.43(b)(2)
(A)Copy CA Insurance Code § 12693.43(b)(2)(A) Nine dollars ($9) per child with a maximum required contribution of twenty-seven dollars ($27) per month per family for applicants with annual household incomes greater than 150 percent and up to and including 200 percent of the federal poverty level and for applicants on behalf of children described in clause (ii) of subparagraph (A) of paragraph (6) of subdivision (a) of Section 12693.70.
(B)CA Insurance Code § 12693.43(b)(2)(A)(B) Commencing the first day of the fifth month following the enactment of the 2008–09 Budget Act, the family contribution pursuant to this paragraph shall be twelve dollars ($12) per child with a maximum required contribution of thirty-six dollars ($36) per month per family.
(C)CA Insurance Code § 12693.43(b)(2)(A)(C) Commencing November 1, 2009, the family contribution pursuant to this paragraph shall be sixteen dollars ($16) per child with a maximum required contribution of forty-eight dollars ($48) per month per family.
(D)CA Insurance Code § 12693.43(b)(2)(A)(D) Subject to prior federal authorization, the family contribution pursuant to this paragraph shall be thirty dollars ($30) per child with a maximum required contribution of ninety dollars ($90) per month per family, or any lesser increase in family contributions as is authorized by the federal Department of Health and Human Services. The family contribution required by this subparagraph shall commence the first day of the third month following the later of the following:
(i)CA Insurance Code § 12693.43(b)(2)(A)(D)(i) The effective date of the act adding this subparagraph.
(ii)CA Insurance Code § 12693.43(b)(2)(A)(D)(ii) Receipt of federal authorization for the contribution in the form of an approved amendment to California’s state plan under Title XXI of the federal Social Security Act or a waiver of one or more requirements of Title XXI of the federal Social Security Act.
(3)Copy CA Insurance Code § 12693.43(b)(3)
(A)Copy CA Insurance Code § 12693.43(b)(3)(A) On and after July 1, 2005, fifteen dollars ($15) per child with a maximum required contribution of forty-five dollars ($45) per month per family for applicants with annual household income to which subparagraph (B) of paragraph (6) of subdivision (a) of Section 12693.70 is applicable. Notwithstanding any other provision of law, if an application with an effective date prior to July 1, 2005, was based on annual household income to which subparagraph (B) of paragraph (6) of subdivision (a) of Section 12693.70 is applicable, then this subparagraph shall be applicable to the applicant on July 1, 2005, unless subparagraph (B) of paragraph (6) of subdivision (a) of Section 12693.70 is no longer applicable to the relevant family income. The program shall provide prior notice to any applicant for currently enrolled subscribers whose premium will increase on July 1, 2005, pursuant to this subparagraph and, prior to the date the premium increase takes effect, shall provide that applicant with an opportunity to demonstrate that subparagraph (B) of paragraph (6) of subdivision (a) of Section 12693.70 is no longer applicable to the relevant family income.
(B)CA Insurance Code § 12693.43(b)(3)(A)(B) Commencing the first day of the fifth month following the enactment of the 2008–09 Budget Act, the family contribution pursuant to this paragraph shall be seventeen dollars ($17) per child with a maximum required contribution of fifty-one dollars ($51) per month per family.
(C)CA Insurance Code § 12693.43(b)(3)(A)(C) Commencing November 1, 2009, the family contribution pursuant to this paragraph shall be twenty-four dollars ($24) per child with a maximum required contribution of seventy-two dollars ($72) per month per family.
(D)CA Insurance Code § 12693.43(b)(3)(A)(D) Subject to prior federal authorization, the family contribution pursuant to this paragraph shall be forty-two dollars ($42) per child with a maximum required contribution of one hundred twenty-six dollars ($126) per month per family, or any lesser increase in family contributions as is authorized by the federal Department of Health and Human Services. The family contribution required by this subparagraph shall commence the first day of the third month following the later of the following:
(i)CA Insurance Code § 12693.43(b)(3)(A)(D)(i) The effective date of the act adding this subparagraph.
(ii)CA Insurance Code § 12693.43(b)(3)(A)(D)(ii) Receipt of federal authorization for the contribution in the form of an approved amendment to California’s state plan under Title XXI of the federal Social Security Act or a waiver of one or more requirements of Title XXI of the federal Social Security Act.
(c)CA Insurance Code § 12693.43(c) Combinations of health, dental, and vision plans that are more expensive to the program than the highest cost Family Value Package may be offered to and selected by applicants. However, the cost to the program of those combinations that exceeds the price to the program of the highest cost Family Value Package shall be paid by the applicant as part of the family contribution.
(d)CA Insurance Code § 12693.43(d) The board shall provide a family contribution discount to those applicants who select the health plan in a geographic area that has been designated as the Community Provider Plan. The discount shall reduce the portion of the family contribution described in subdivision (b) to the following:
(1)CA Insurance Code § 12693.43(d)(1) A family contribution of four dollars ($4) per child with a maximum required contribution of eight dollars ($8) per month per family for applicants with annual household incomes up to and including 150 percent of the federal poverty level.
(2)Copy CA Insurance Code § 12693.43(d)(2)
(A)Copy CA Insurance Code § 12693.43(d)(2)(A) Six dollars ($6) per child with a maximum required contribution of eighteen dollars ($18) per month per family for applicants with annual household incomes greater than 150 percent and up to and including 200 percent of the federal poverty level and for applicants on behalf of children described in clause (ii) of subparagraph (A) of paragraph (6) of subdivision (a) of Section 12693.70.
(B)CA Insurance Code § 12693.43(d)(2)(A)(B) Commencing the first day of the fifth month following the enactment of the 2008–09 Budget Act, the family contribution pursuant to this paragraph shall be nine dollars ($9) per child with a maximum required contribution of twenty-seven dollars ($27) per month per family.
(C)CA Insurance Code § 12693.43(d)(2)(A)(C) Commencing November 1, 2009, the family contribution pursuant to this paragraph shall be thirteen dollars ($13) per child with a maximum required contribution of thirty-nine dollars ($39) per month per family.
(D)CA Insurance Code § 12693.43(d)(2)(A)(D) Subject to prior federal authorization, the family contribution pursuant to this paragraph shall be twenty-seven dollars ($27) per child with a maximum required contribution of eighty-one dollars ($81) per month per family, or any lesser increase in family contributions as is authorized by the federal Department of Health and Human Services. The family contribution required by this subparagraph shall commence the first day of the third month following the later of the following:
(i)CA Insurance Code § 12693.43(d)(2)(A)(D)(i) The effective date of the act adding this subparagraph.
(ii)CA Insurance Code § 12693.43(d)(2)(A)(D)(ii) Receipt of federal authorization for the contribution in the form of an approved amendment to California’s state plan under Title XXI of the federal Social Security Act or a waiver of one or more requirements of Title XXI of the federal Social Security Act.
(3)Copy CA Insurance Code § 12693.43(d)(3)
(A)Copy CA Insurance Code § 12693.43(d)(3)(A) On and after July 1, 2005, twelve dollars ($12) per child with a maximum required contribution of thirty-six dollars ($36) per month per family for applicants with annual household income to which subparagraph (B) of paragraph (6) of subdivision (a) of Section 12693.70 is applicable. Notwithstanding any other provision of law, if an application with an effective date prior to July 1, 2005, was based on annual household income to which subparagraph (B) of paragraph (6) of subdivision (a) of Section 12693.70 is applicable, then this subparagraph shall be applicable to the applicant on July 1, 2005, unless subparagraph (B) of paragraph (6) of subdivision (a) of Section 12693.70 is no longer applicable to the relevant family income. The program shall provide prior notice to any applicant for currently enrolled subscribers whose premium will increase on July 1, 2005, pursuant to this subparagraph and, prior to the date the premium increase takes effect, shall provide that applicant with an opportunity to demonstrate that subparagraph (B) of paragraph (6) of subdivision (a) of Section 12693.70 is no longer applicable to the relevant family income.
(B)CA Insurance Code § 12693.43(d)(3)(A)(B) Commencing the first day of the fifth month following the enactment of the 2008–09 Budget Act, the family contribution pursuant to this paragraph shall be fourteen dollars ($14) per child with a maximum required contribution of forty-two dollars ($42) per month per family.
(C)CA Insurance Code § 12693.43(d)(3)(A)(C) Commencing November 1, 2009, the family contribution pursuant to this paragraph shall be twenty-one dollars ($21) per child with a maximum required contribution of sixty-three dollars ($63) per month per family.
(D)CA Insurance Code § 12693.43(d)(3)(A)(D) Subject to prior federal authorization, the family contribution pursuant to this paragraph shall be thirty-nine dollars ($39) per child with a maximum required contribution of one hundred seventeen dollars ($117) per month per family, or any lesser increase in family contributions as is authorized by the federal Department of Health and Human Services. The family contribution required by this subparagraph shall commence the first day of the third month following the later of the following:
(i)CA Insurance Code § 12693.43(d)(3)(A)(D)(i) The effective date of the act adding this subparagraph.
(ii)CA Insurance Code § 12693.43(d)(3)(A)(D)(ii) Receipt of federal authorization for the contribution in the form of an approved amendment to California’s state plan under Title XXI of the federal Social Security Act or a waiver of one or more requirements of Title XXI of the federal Social Security Act.
(e)CA Insurance Code § 12693.43(e) Applicants, but not family contribution sponsors, who pay three months of required family contributions in advance shall receive the fourth consecutive month of coverage with no family contribution required.
(f)CA Insurance Code § 12693.43(f) Applicants, but not family contribution sponsors, who pay the required family contributions by an approved means of electronic fund transfer shall receive a 25-percent discount from the required family contributions.
(g)CA Insurance Code § 12693.43(g) It is the intent of the Legislature that the family contribution amounts described in this section comply with the premium cost-sharing limits contained in Section 2103 of Title XXI of the Social Security Act. If the amounts described in subdivision (a) are not approved by the federal government, the board may adjust these amounts to the extent required to achieve approval of the state plan.
(h)CA Insurance Code § 12693.43(h) The adoption and one readoption of regulations to implement paragraph (3) of subdivision (b) and paragraph (3) of subdivision (d) shall be deemed to be an emergency and necessary for the immediate preservation of public peace, health, and safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the board is hereby exempted from the requirement that it describe specific facts showing the need for immediate action and from review by the Office of Administrative Law. For purpose of subdivision (e) of Section 11346.1 of the Government code, the 120-day period, as applicable to the effective period of an emergency regulatory action and submission of specified materials to the Office of Administrative Law, is hereby extended to 180 days.
(i)CA Insurance Code § 12693.43(i) The board may adopt, and may only one time readopt, regulations to implement the changes to this section that are effective the first day of the fifth month following the enactment of the 2008–09 Budget Act. The adoption and one-time readoption of a regulation authorized by this section is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the board is hereby exempted for this purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code.
(j)CA Insurance Code § 12693.43(j) The program shall provide prior notice to any applicant for a subscriber whose premium will increase as a result of amendments made to this section and shall provide the applicant with an opportunity to demonstrate that, based on reduced family income, the subscriber is subject to a lower premium pursuant to this section.
(k)CA Insurance Code § 12693.43(k) The adoption and readoption, by the board, of regulations to implement the changes made to this section by the act that added this subdivision shall be deemed to be an emergency and necessary to avoid serious harm to the public peace, health, safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the board is hereby exempted from the requirement that it describe facts showing the need for immediate action and from review by the Office of Administrative Law.

Section § 12693.44

Explanation

This law states that families who are purchasing credit members should pay the same amount as regular subscribers in a health insurance pool. These purchasing credit members can't be charged more than they would if they were in the pool. When figuring out how much it costs, certain discounts can't be included. They also get dental and vision insurance for free. Additionally, payments for these plans can be made directly through payroll deductions or other methods.

(a)CA Insurance Code § 12693.44(a) The board shall establish family contribution amounts for purchasing credit members that are equivalent to the amounts charged to subscribers participating in the purchasing pool portion of the program. Purchasing credit members shall not be required to pay family contribution amounts greater than the cost to the applicant if the purchasing credit members were enrolled in the purchasing pool component of the program. When calculating the cost to the applicant to participate in the purchasing pool, the family contribution discounts provided in subdivisions (c), (d), and (e) of Section 12693.34 shall not be considered. Purchasing credit members shall be eligible for dental and vision coverage through the purchasing pool at no additional premium charge.
(b)CA Insurance Code § 12693.44(b) The family contribution amounts paid on behalf of a purchasing credit member may be paid directly to the applicant’s employer through a payroll deduction or other mechanism.

Section § 12693.45

Explanation

If an applicant doesn't pay their family contributions for two months in a row, they can be removed from the plan after a 30-day notice. The board can also take steps to collect the unpaid fees.

Removals from the plan are effective at the end of the second month of missed payments, following any federal law requirements.

(a)CA Insurance Code § 12693.45(a) After two consecutive months of nonpayment of family contributions by an applicant, and a reasonable written notice period of no less than 30 days is provided to the applicant, subscribers or purchasing credit members may be disenrolled for an applicant’s failure to pay family contributions. The board may impose or contract for collection actions to collect unpaid family contributions.
(b)CA Insurance Code § 12693.45(b) Subject to any additional requirements of federal law, disenrollments shall be effective at the end of the second consecutive month of nonpayment.

Section § 12693.46

Explanation

If someone enrolls in a health insurance pool and then decides to drop out, the board can prevent them from rejoining the program for up to six months.

The board may prohibit applicants who drop coverage after enrolling in the pool from reenrollment in the program for up to six months.

Section § 12693.47

Explanation

If you receive benefits through a specific insurance policy, the program that provides these benefits can claim a right (called a lien) on any compensation you receive from a third party who is responsible for your injury or loss. This means they can get reimbursed before you fully receive your compensation.

The program may place a lien on compensation or benefits, recovered or recoverable by a subscriber or applicant from any party or parties responsible for the compensation or benefits for which benefits have been provided under a policy issued under this part.

Section § 12693.48

Explanation

This law allows the board to change the amount of money paid to health plans if it's found they have an unusually high or low number of high-risk members compared to others. Before making any changes, the board will gather verified information from the health plans. The reporting requirements should align with how the health plans work. Any payment adjustments will consider factors that are related to the risk levels of the members, like age and other demographics.

The board may adjust payments made to a participating health plan if the board finds that the plan has a significantly disproportionate share of high- or low-risk subscribers. Prior to making this finding, the program shall obtain validated data from participating health plans. Reporting requirements shall be administratively compatible with the methods of operation of the health plans. Any adjustments to payments shall utilize demographic and other factors which are actuarially related to risk.

Section § 12693.49

Explanation

If you're unhappy with your health, dental, or vision plan through a purchasing pool, you should first try to settle the issue directly with the plan using their procedures. Each plan must inform you about any regulatory help you can get from state or licensing authorities. Additionally, these plans need to report yearly to the board about the number and types of complaints they receive, and this info must be available to you if you ask for it.

(a)CA Insurance Code § 12693.49(a) When an applicant is dissatisfied with any action or inaction of a participating plan in which a subscriber is enrolled through the purchasing pool, the applicant shall first attempt to resolve the dispute with the participating plan according to its established policies and procedures.
(b)CA Insurance Code § 12693.49(b) The board shall assure that all participating health, dental, and vision plans make subscribers aware of the regulatory oversight available to the applicant by the participating health, dental, or vision plan’s licensing or state oversight entity.
(c)CA Insurance Code § 12693.49(c) The board shall assure that all participating health, dental, and vision plans report to the board, at least once a year, the number and types of benefit grievances filed by applicants on behalf of subscribers in the program. This information shall be available to applicants upon request in a format determined by the board.

Section § 12693.50

Explanation

This law ensures that the board works with the State Department of Health Services to put into effect the Medi-Cal to Healthy Families Accelerated Enrollment program. The state must get federal approval for any necessary changes to its plans to implement this program. Once approved, the board can issue temporary emergency rules to quickly provide these eligibility benefits, focusing on eligibility, enrollment, and disenrollment. These emergency rules are considered crucial for public health and will initially bypass detailed reviews but are only effective for a limited time.

(a)CA Insurance Code § 12693.50(a) The board shall consult and coordinate with the State Department of Health Services to implement the Medi-Cal to Healthy Families Accelerated Enrollment program pursuant to Section 14011.65 of the Welfare and Institutions Code.
(b)CA Insurance Code § 12693.50(b) The state shall seek approval of any amendments to the state plan, necessary to implement Section 14011.65 of the Welfare and Institutions Code in accordance with Title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.). Notwithstanding any other provision of law, only when all necessary federal approvals have been obtained shall Section 14011.65 of the Welfare and Institutions Code be implemented.
(c)CA Insurance Code § 12693.50(c) The board may adopt emergency regulations to implement the provision of accelerated eligibility benefits pursuant to this section and as described under Section 14011.65 of the Welfare and Institutions Code. The emergency regulations shall include, but not be limited to, regulations that implement any changes in rules relating to program eligibility, enrollment, and disenrollment. The initial adoption of emergency regulations and one readoption of the initial regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, and general welfare. Initial emergency regulations and the first readoption of those regulations shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and one readoption of those regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and publication in the California Code of Regulations, and each shall remain in effect for no more than 180 days.

Section § 12693.51

Explanation

This law allows people to switch from one health plan to another under certain conditions. Subscribers can change plans according to rules set by the board. If a subscriber's current health plan contract is canceled, or if they move to a new area where their plan isn't available, the board must help them transfer to a different plan. Additionally, subscribers can request to switch plans at least once a year.

(a)CA Insurance Code § 12693.51(a) A transfer of enrollment from one participating health plan to another may be made by a subscriber at times and under conditions as may be prescribed by regulations of the board.
(b)CA Insurance Code § 12693.51(b) The board shall provide for the transfer of coverage of any subscriber to another participating plan (1) if a contract with any participating plan under which the subscriber receives coverage is canceled or not renewed and (2) at least once a year upon request in a manner as determined by the board, and (3) if a subscriber moves to an area that the current health plan does not serve.

Section § 12693.52

Explanation

This law allows the board to organize stop-loss insurance or set up agreements with health plans to manage financial risks for program subscribers. The goal is to cap the total costs or share the expenses for health services provided.

The board may negotiate or arrange for stop-loss insurance coverage that limits the program’s fiscal responsibility for the total costs of health services provided to program subscribers, or arrange for participating health plans to share or assure the financial risk for a portion of the total cost of health care services to program subscribers, or both.

Section § 12693.53

Explanation

The board is tasked with finding ways to keep costs low to offer as much coverage as possible under the program. They might do this by sticking to the cheapest plan available for state funding and setting rules to prevent employers or applicants from dropping their current insurance just to get children eligible for the program.

The board shall develop and utilize appropriate cost containment measures to maximize the coverage offered under the program. Those measures may include limiting the expenditure of state funds for this purpose to the price to the state for the lowest cost plan contracting with the program and creation of program rules that restrict the ability of employers or applicants to drop existing coverage in order to qualify children for the program.

Section § 12693.54

Explanation

This law means that when contracts are made under this specific part, they don't have to go through the usual process of competitive bidding or get approval from the Department of General Services. In other words, these contracts can be made more quickly and without some of the usual red tape. The board in charge can decide how much money each contract gets, based on how many people are expected to sign up for the program, without having to specify exact amounts for each contract. However, the total funding must stay within the program's budget, which includes any contributions from families.

A contract entered pursuant to this part shall be exempt from any provision of law relating to competitive bidding, and shall be exempt from the review or approval of any division of the Department of General Services. The board shall not be required to specify the amounts encumbered for each contract, but may allocate funds to each contract based on the projected or actual subscriber enrollments to a total amount not to exceed the amount appropriate for the program including family contributions.

Section § 12693.55

Explanation

Health care providers who receive proof of a person's enrollment in this health program cannot ask for payment directly from the patient for services covered under the program. Instead, they must seek payment from the patient's health plan or other contracted entities. However, this rule doesn't affect any copayments that the patient might need to pay for these services. The term 'health care provider' includes any licensed individual or organization that delivers health care services.

(a)CA Insurance Code § 12693.55(a) A health care provider who is furnished documentation of a person’s enrollment in the program shall not seek reimbursement nor attempt to obtain payment for any covered services provided to that person other than from the participating health plan covering that person or from other entities that the board enters into contracts or interagency agreements with to provide or pay for benefits under this part pursuant to Section 12693.26.
(b)CA Insurance Code § 12693.55(b) The provisions of subdivision (a) do not apply to any copayments required under this part for the covered services provided to the person.
(c)CA Insurance Code § 12693.55(c) For purposes of this section, “health care provider” means any professional person, organization, health facility, or other person or institution licensed by the state to deliver or furnish health care services.

Section § 12693.271

Explanation

This law acknowledges that California is experiencing a financial crisis and needs to cut spending. As a result, starting in the fifth month after the 2008–09 Budget Act is enacted, the rates for health, dental, and vision plans will be reduced by 5% from the rates in place on July 1, 2007. Additionally, these rates will be further decreased if there are any reductions in the value of benefits provided, especially related to dental benefit limits. The board can also make further cuts as needed during their yearly rate discussions.

(a)CA Insurance Code § 12693.271(a) The Legislature finds and declares that the state faces a fiscal crisis that requires unprecedented measures to reduce General Fund expenditures.
(b)CA Insurance Code § 12693.271(b) Notwithstanding any other provision of law, beginning the first day of the fifth month following the enactment of the 2008–09 Budget Act, the rates for the participating health, dental, and vision plans shall be set by reducing the rates that were in effect on July 1, 2007, by 5 percent, and by adjusting the July 1, 2007, rates downward to account for any reduction in the actuarial value of the benefits provided to subscribers as of the first day of the fifth month following the enactment of the 2008–09 Budget Act, associated with annual limitations on dental benefits. This requirement does not preclude the board from making other downward adjustments that it deems appropriate as a result of its annual rate negotiation process.

Section § 12693.325

Explanation

This law outlines how health, dental, or vision plans can assist applicants in applying for health coverage. These plans can help applicants when contacted directly by them at specific places or referred by a government agency, school, or school district. However, the plan must follow certain rules, such as not soliciting referrals, offering compensation for referrals, changing the applicants' current plan, or using forbidden marketing practices like door-to-door selling.

Furthermore, if a child’s eligibility for Medi-Cal changes, the plan must explain the differences in benefits between programs. Representatives providing help must be trained and disclose their relationship with the plan. Plans cannot give gifts or pay costs for applicants as inducements to enroll. They must also submit their methods for application assistance for approval and inform applicants of their choices and report these activities to a regulatory board biennially.

(a)Copy CA Insurance Code § 12693.325(a)
(1)Copy CA Insurance Code § 12693.325(a)(1) Notwithstanding any provision of this chapter, a participating health, dental, or vision plan that is licensed and in good standing as required by subdivision (b) of Section 12693.36 may provide application assistance directly to an applicant acting on behalf of an eligible person who telephones, writes, or contacts the plan in person at the plan’s place of business, or at a community public awareness event that is open to all participating plans in the county, or at any other site approved by the board, and who requests application assistance.
(2)CA Insurance Code § 12693.325(a)(2) A participating health, dental, or vision plan may also provide application assistance directly to an applicant only under the following conditions:
(A)CA Insurance Code § 12693.325(a)(2)(A) The assistance is provided upon referral from a government agency, school, or school district.
(B)CA Insurance Code § 12693.325(a)(2)(B) The applicant has authorized the government agency, school, or school district to allow a health, dental, or vision plan to contact the applicant with additional information on enrolling in free or low-cost health care.
(C)CA Insurance Code § 12693.325(a)(2)(C) The State Department of Health Care Services approves the applicant authorization form in consultation with the board.
(D)CA Insurance Code § 12693.325(a)(2)(D) The plan may not actively solicit referrals and may not provide compensation for the referrals.
(E)CA Insurance Code § 12693.325(a)(2)(E) If a family is already enrolled in a health plan, the plan that contacts the family cannot encourage the family to change health plans.
(F)CA Insurance Code § 12693.325(a)(2)(F) The board amends its marketing guidelines to require that when a government agency, school, or school district requests assistance from a participating health, dental, or vision plan to provide application assistance, that all plans in the area shall be invited to participate.
(G)CA Insurance Code § 12693.325(a)(2)(G) The plan abides by the board’s marketing guidelines.
(b)CA Insurance Code § 12693.325(b) A participating health, dental, or vision plan may provide application assistance to an applicant who is acting on behalf of an eligible or potentially eligible child in any of the following situations:
(1)CA Insurance Code § 12693.325(b)(1) The child is enrolled in a Medi-Cal managed care plan and the participating plan becomes aware that the child’s eligibility status has or will change and that the child will no longer be eligible for Medi-Cal. In those instances, the plan shall inform the applicant of the differences in benefits and requirements between the Healthy Families Program and the Medi-Cal program.
(2)CA Insurance Code § 12693.325(b)(2) The child is enrolled in a Healthy Families Program managed care plan and the participating plan becomes aware that the child’s eligibility status has changed or will change and that the child will no longer be eligible for the Healthy Families Program. When it appears a child may be eligible for Medi-Cal benefits, the plan shall inform the applicant of the differences in benefits and requirements between the Medi-Cal program and the Healthy Families Program.
(3)CA Insurance Code § 12693.325(b)(3) The participating plan provides employer-sponsored coverage through an employer and an employee of that employer who is the parent or legal guardian of the eligible or potentially eligible child.
(4)CA Insurance Code § 12693.325(b)(4) The child and his or her family are participating through the participating plan in COBRA continuation coverage or other group continuation coverage required by either state or federal law and the group continuation coverage will expire within 60 days, or has expired within the past 60 days.
(5)CA Insurance Code § 12693.325(b)(5) The child’s family, but not the child, is participating through the participating plan in COBRA continuation coverage or other group continuation coverage required by either state or federal law, and the group continuation coverage will expire within 60 days, or has expired within the past 60 days.
(c)CA Insurance Code § 12693.325(c) A participating health, dental, or vision plan employee or other representative that provides application assistance shall complete a certified application assistant training class approved by the State Department of Health Care Services in consultation with the board. The employee or other representative shall in all cases inform an applicant verbally of his or her relationship with the participating health plan. In the case of an in-person contact, the employee or other representative shall provide in writing to the applicant the nature of his or her relationship with the participating health plan and obtain written acknowledgment from the applicant that the information was provided.
(d)CA Insurance Code § 12693.325(d) A participating health, dental, or vision plan that provides application assistance may not do any of the following:
(1)CA Insurance Code § 12693.325(d)(1) Directly, indirectly, or through its agents, conduct door-to-door marketing or telephone solicitation.
(2)CA Insurance Code § 12693.325(d)(2) Directly, indirectly, or through its agents, select a health plan or provider for a potential applicant. Instead, the plan shall inform a potential applicant of the choice of plans available within the applicant’s county of residence and specifically name those plans and provide the most recent version of the program handbook.
(3)CA Insurance Code § 12693.325(d)(3) Directly, indirectly, or through its agents, conduct mail or in-person solicitation of applicants for enrollment, except as specified in subdivision (b), using materials approved by the board.
(e)CA Insurance Code § 12693.325(e) A participating health, dental, or vision plan that provides application assistance pursuant to this section is not eligible for an application assistance fee otherwise available pursuant to Section 12693.32, and may not sponsor a person eligible for the program by paying his or her family contribution amounts or copayments, and may not offer applicants any inducements to enroll, including, but not limited to, gifts or monetary payments.
(f)CA Insurance Code § 12693.325(f) A participating health, dental, or vision plan may assist applicants acting on behalf of subscribers who are enrolled with the participating plan in completing the program’s annual eligibility review package in order to allow those applicants to retain health care coverage.
(g)CA Insurance Code § 12693.325(g) Each participating health, dental, or vision plan shall submit to the board a plan for application assistance. All scripts and materials to be used during application assistance sessions shall be approved by the board and the State Department of Health Care Services.
(h)CA Insurance Code § 12693.325(h) Each participating health, dental, or vision plan shall provide each applicant with the toll-free telephone number for the Healthy Families Program.
(i)CA Insurance Code § 12693.325(i) When deemed appropriate by the board, the board may refer a participating health, dental, or vision plan to the Department of Managed Health Care or the State Department of Health Care Services, as applicable, for the review or investigation of its application assistance practices.
(j)CA Insurance Code § 12693.325(j) The board shall evaluate the impact of the changes required by this section and shall provide a biennial report to the Legislature on or before March 1 of every other year. To prepare these reports, the State Department of Health Care Services, in cooperation with the board, shall code all the application packets used by a managed care plan to record the number of applications received that originated from managed care plans. The number of applications received that originated from managed care plans shall also be reported on the board’s Web site. In addition, the board shall periodically survey those families assisted by plans to determine if the plans are meeting the requirements of this section, and if families are being given ample information about the choice of health, dental, or vision plans available to them.
(k)CA Insurance Code § 12693.325(k) Nothing in this section shall be seen as mitigating a participating health, dental, or vision plan’s responsibility to comply with all federal and state laws, including, but not limited to, Section 1320a-7b of Title 42 of the United States Code.

Section § 12693.326

Explanation

If you're a new member of a health insurance program, you can change your plan once for any reason during the first three months of being covered.

Notwithstanding any other provision of this part, a new subscriber in the program shall be allowed to switch his or her choice of plans once within the first three months of coverage for any reason.

Section § 12693.515

Explanation

Starting July 1, 2004, if you choose or are automatically assigned to a federally qualified health center, rural health clinic, or primary care clinic, it means your coverage is with that facility, not a specific individual working there. This applies whether you are seeing a doctor, dentist, or optometrist who is employed by the clinic. Importantly, you still have the right to choose a primary care physician within your health plan's service area.

(a)CA Insurance Code § 12693.515(a) Effective July 1, 2004, any subscriber who affirmatively selects, or is assigned by default to, a federally qualified health center, as defined by Section 1396(d)(l)(2) of Title 42 of the United States Code, a rural health clinic, as defined by Section 1396(d)(l)(1) of Title 42 of the United States Code, or a primary care clinic that is licensed under Section 1204 of the Health and Safety Code, or is exempt from licensure under subdivision (h) of Section 1206 of the Health and Safety Code, shall be deemed to have been assigned directly to the federally qualified health center, the rural health clinic, or the primary care clinic, and not to any individual provider who performs services on behalf of the federally qualified health center, the rural health clinic, or the primary care clinic.
(b)Copy CA Insurance Code § 12693.515(b)
(1)Copy CA Insurance Code § 12693.515(b)(1) When a subscriber is assigned, from any source, to a physician who is an employee of a federally qualified health center, a rural health clinic, or a primary care clinic, the assignment shall constitute an assignment to that federally qualified health center, rural health clinic, or primary care clinic for purposes of the subscriber’s health care coverage.
(2)CA Insurance Code § 12693.515(b)(2) When a subscriber is assigned, from any source, to a dentist who is an employee of a federally qualified health center, a rural health clinic, or a primary care clinic, the assignment shall constitute an assignment to that federally qualified health center, rural health clinic, or primary care clinic for purposes of the subscriber’s dental coverage.
(3)CA Insurance Code § 12693.515(b)(3) When a subscriber is assigned, from any source, to an optometrist who is an employee of a federally qualified health center, a rural health clinic, or a primary care clinic, the assignment shall constitute an assignment to that federally qualified health center, rural health clinic, or primary care clinic for purposes of the subscriber’s vision coverage.
(c)CA Insurance Code § 12693.515(c) This section shall not limit any rights a subscriber may have to select an available primary care physician within a health care service plan’s service area pursuant to Section 1373.3 of the Health and Safety Code.