§ 10123.1945. — 10123.1945. (Added by Stats. 2022, Ch. 630, Sec. 16.)

California § 10123.1945.

• 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)
(1)
A disability insurance policy issued, amended, renewed, or delivered on or after January 1, 2024, except for a grandfathered health plan or a qualifying health plan for a health savings account, shall not impose a deductible, coinsurance, copayment, or any other cost-sharing requirement on vasectomy services or procedures. For a qualifying health plan for a health savings account, an insurer shall establish the plan’s cost sharing for vasectomy services and procedures at the minimum level necessary to preserve the insured’s ability to claim tax-exempt contributions and withdrawals from the insured’s health savings account under Internal Revenue Service laws, regulations, and guidance.
(2)
An insurer shall not impose any restrictions or delays, including, but not limited to, prior authorization, on vasectomy services and procedures.
(3)
Coverage with respect to an insured under this section shall be identical for an insured’s covered spouse and covered nonspouse dependents.
(b)
This section shall not be construed to deny or restrict in any way an existing right or benefit provided under law or by contract.
(c)
This section shall not be construed to require an individual or group disability insurance policy to cover experimental or investigational treatments.
(d)
Notwithstanding
any other provision of this section, a religious employer may request a disability insurance policy without coverage for contraceptive methods that are contrary to the religious employer’s religious tenets. If so requested, a disability insurance policy shall be provided without coverage for vasectomy services and procedures. The exclusion from coverage under this provision shall not apply to vasectomy services or procedures for purposes other than contraception.
(1)
An insurer that contracts with a religious employer to provide a disability insurance policy that does not include coverage and benefits for vasectomy services and procedures shall notify, in writing, upon initial enrollment and annually thereafter upon renewal, each enrollee that vasectomy services and procedures are not included in the insured’s disability
insurance policy.
(2)
For purposes of this section, a “religious employer” is an entity for which each of the following is true:
(A)
The inculcation of religious values is the purpose of the entity.
(B)
The entity primarily employs persons who share the religious tenets of the entity.
(C)
The entity serves primarily persons who share the religious tenets of the entity.
(D)
The entity is a nonprofit organization pursuant to Section 6033(a)(3)(A)(i) or (iii) of the Internal Revenue Code of 1986, as amended.
(e)
This section only applies to
disability insurance policies or contracts that are defined as health benefit plans pursuant to subdivision (a) of Section 10198.6, except that for accident only, specified disease, or hospital indemnity coverage, coverage for benefits under this section applies to the extent that the benefits are covered under the general terms and conditions that apply to all other benefits under the policy or contract. This section shall not be construed as imposing a new benefit mandate on accident only, specified disease, or hospital indemnity insurance.
(f)
For purposes of this section, the following definitions apply:
(1)
“Grandfathered health plan” has the meaning set forth in Section 1251 of PPACA.
(2)
“PPACA” means the federal
Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and any rules, regulations, or guidance issued thereunder.

Legislative History

Added by Stats. 2022, Ch. 630, Sec. 16. (SB 523) Effective January 1, 2023.