§ 10112.281. — 10112.281. (Added by Stats. 2021, Ch. 636, Sec. 1.)

California § 10112.281.

• Jurisdiction: California
• Code INS: Insurance Code - INS
• Div. 2.: DIVISION 2. CLASSES OF INSURANCE
• Part 2.: PART 2. LIFE AND DISABILITY INSURANCE
• Ch. 1.: CHAPTER 1. The Contract
• Art. 1.: ARTICLE 1. General Provisions

Text

(a)
A large group health insurance policy issued, amended, or renewed on or after July 1, 2022, shall cover medically necessary basic health care services.
(b)
“Basic health care services” means all the following:
(1)
Physician services, including consultation and referral.
(2)
Hospital inpatient services and ambulatory care services.
(3)
Diagnostic laboratory and diagnostic and therapeutic radiologic services.
(4)
Home health services.
(5)
Preventive health services.
(6)
Emergency health care services, including ambulance and ambulance transport services and out-of-area coverage. “Basic health care services” includes ambulance and ambulance transport services provided through the “911” emergency response system.
(7)
Hospice care that is, at a minimum, equivalent to hospice care provided by the federal Medicare Program pursuant to Title XVIII of the Social Security Act (42 U.S.C. Sec. 1395 et seq.) and implementing regulations adopted for hospice care under Title XVIII of the Social Security Act in Part 418 of Chapter IV of Title 42 of the Code of Federal Regulations, except Subparts A, B, G, and H, and any amendments or successor provisions.
(c)
“Out-of-area coverage” means coverage while an insured is anywhere outside the service area
of the applicable network, and shall also include coverage for urgently needed services to prevent serious deterioration of an insured’s health resulting from unforeseen illness or injury for which treatment cannot be delayed until the insured returns to the service area.
(d)
This section does not prohibit a large group health insurance policy from covering additional benefits.
(e)
The commissioner may adopt regulations pursuant 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) to implement this section. Prior to adopting regulations, the commissioner shall consult with the Department of Managed Health Care to ensure consistency, to the extent practical, with Section 1300.67 of Title 28 of the California Code of Regulations.
(f)
(1)
If Section 10112.27 is no longer in effect, this section and any regulations implementing this section shall apply to an individual, group, or blanket disability insurance policy that covers hospital, medical, or surgical benefits, except as provided in subdivision (g).
(2)
If the condition described in paragraph (1) occurs, the department shall post notice on its internet website that this section applies to an individual, group, or blanket disability insurance policy that covers hospital, medical, or surgical benefits, and shall provide written notice to the Secretary of the Senate, the Chief Clerk of the Assembly, and the Legislative Counsel.
(g)
This section does not apply to a specialized health insurance policy that covers only dental or vision benefits.

Legislative History

Added by Stats. 2021, Ch. 636, Sec. 1. (SB 280) Effective January 1, 2022.