§ 1363.06. — 1363.06. (Amended by Stats. 2013, Ch. 441, Sec. 1.)

California § 1363.06.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 2.: DIVISION 2. LICENSING PROVISIONS
• Ch. 2.2.: CHAPTER 2.2. Health Care Service Plans
• Art. 4.: ARTICLE 4. Solicitation and Enrollment

Text

(a)
The Department of Managed Health Care and the Department of Insurance shall compile information as required by this section and Section 10127.14 of the Insurance Code into two comparative benefit matrices. The first matrix shall compare benefit packages offered pursuant to Section 1373.62 and Section 10127.15 of the Insurance Code. The second matrix shall compare benefit packages offered pursuant to Sections 1366.35, 1373.6, and 1399.804 and Sections 10785, 10901.2, and 12682.1 of the Insurance Code.
(b)
The comparative benefit matrix shall include:
(1)
Benefit information submitted by health care service plans
pursuant to subdivision (d) and by health insurers pursuant to Section 10127.14 of the Insurance Code.
(2)
The following statements in at least 12-point type at the top of the matrix:
(A)
“This benefit summary is intended to help you compare coverage and benefits and is a summary only. For a more detailed description of coverage, benefits, and limitations, please contact the health care service plan or health insurer.”
(B)
“The comparative benefit summary is updated annually, or more often if necessary to be accurate.”
(C)
“The most current version of this comparative benefit summary is available on (address of the plan’s or insurer’s Internet Web site).”
This subparagraph applies only to those plans or
insurers that maintain an Internet Web site.
(3)
The telephone number or numbers that may be used by an applicant to contact either the department or the Department of Insurance, as appropriate, for further assistance.
(c)
The Department of Managed Health Care and the Department of Insurance shall jointly prepare two standardized templates for use by health care service plans and health insurers in submitting the information required pursuant to subdivision (d) and subdivision (d) of Section 10127.14 of the Insurance Code. The templates shall be exempt from the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(d)
Health care service plans, except specialized health care service plans, shall submit the following to the department by January 31, 2003,
and annually thereafter:
(1)
A summary explanation of the following for each product described in subdivision (a).
(A)
Eligibility requirements.
(B)
The full premium cost of each benefit package in the service area in which the individual and eligible dependents work or reside.
(C)
When and under what circumstances benefits cease.
(D)
The terms under which coverage may be renewed.
(E)
Other coverage that may be available if benefits under the described benefit package cease.
(F)
The circumstances under which choice in the selection of physicians and providers is
permitted.
(G)
Lifetime and annual maximums.
(H)
Deductibles.
(2)
A summary explanation of coverage for the following, together with the corresponding copayments and limitations, for each product described in subdivision (a):
(A)
Professional services.
(B)
Outpatient services.
(C)
Hospitalization services.
(D)
Emergency health coverage.
(E)
Ambulance services.
(F)
Prescription drug coverage.
(G)
Durable medical equipment.
(H)
Mental health services.
(I)
Residential treatment.
(J)
Chemical dependency services.
(K)
Home health services.
(L)
Custodial care and skilled nursing facilities.
(3)
The telephone number or numbers that may be used by an applicant to access a health care service plan customer service representative and to request additional information about the plan contract.
(4)
Any other information specified by the department in the template.
(e)
Each health care service plan shall provide the department with updates to the information required by subdivision (d) at least annually, or more often if necessary to maintain the accuracy of the information.
(f)
The department and the Department of Insurance shall make the comparative benefit matrices available on their respective Internet Web sites and to the health care service plans and health insurers for dissemination as required by Section 1373.6 and Section 12682.1 of the Insurance Code, after confirming the accuracy of the description of the matrices with the health care service plans and health insurers.
(g)
As used in this section and Section 1363.07, “benefit matrix” shall have the same meaning as benefit summary.
(h)
(1)
This section shall be inoperative on January 1, 2014.
(2)
If Section 5000A of the Internal Revenue Code, as added by Section 1501 of PPACA, is repealed or amended to no longer apply to the individual market, as defined in Section 2791 of the federal Public Health Service Act (42 U.S.C. Sec. 300gg-91), this section shall become operative on the date of that repeal or amendment.
(3)
For purposes of this subdivision, “PPACA” means the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care Education and Reconciliation Act of 2010 (Public Law 111-152), and any rules, regulations, or guidance issued pursuant to that law.

Legislative History

Amended by Stats. 2013, Ch. 441, Sec. 1. (AB 1180) Effective October 1, 2013. Inoperative, by its own provisions, on January 1, 2014, subject to condition for resuming operation.