California 2017-2018 Regular Session

California Assembly Bill AB2674 Compare Versions

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Version 2 (New)

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1		-	Assembly Bill No. ~~2674 CHAPTER 303~~ An act to amend Section 1371.39 of the Health and Safety Code, relating to health care service plans. ~~[ Approved by Governor September 07, 2018. Filed with Secretary of State September 07, 2018. ]~~ LEGISLATIVE COUNSEL'S DIGESTAB 2674, Aguiar-Curry. Health care service plans: disciplinary actions.Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care. Existing law prohibits a health care service plan from engaging in an unfair payment pattern, as defined, and requires the department to adopt regulations that ensure that plans have adopted a dispute resolution mechanism, as specified. This bill would require the department to review complaints of unfair payment patterns on or before July 1, 2019, and at least annually thereafter. The bill would authorize the department to conduct an audit or an enforcement action, as specified, if the department determines the complaint review indicates a possible unfair payment pattern.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1371.39 of the Health and Safety Code is amended to read:1371.39. (a) Providers may report to the department through the toll-free provider line, email address, or another method designated by the department, instances in which the provider believes a plan is engaging in an unfair payment pattern.(b) Plans may report to the department through the toll-free provider line, email address, or another method designated by the department, instances in which the plan believes a provider is engaging in an unfair billing pattern.(c) Unfair billing pattern means engaging in a demonstrable and unjust pattern of unbundling of claims, upcoding of claims, or other demonstrable and unjustified billing patterns, as defined by the department.(d) On or before July 1, 2019, and at least annually thereafter, the department shall review complaints filed pursuant to subdivision (a). If the review of complaint data indicates a possible unfair payment pattern, the department may conduct an audit or an enforcement action pursuant to subdivision (s) of Section 1300.71 of Title 28 of the California Code of Regulations.
	1	+	Enrolled August 29, 2018 Passed IN Senate August 22, 2018 Passed IN Assembly August 27, 2018 Amended IN Senate August 17, 2018 Amended IN Senate June 14, 2018 Amended IN Assembly May 25, 2018 Amended IN Assembly April 16, 2018 Amended IN Assembly April 02, 2018 Amended IN Assembly March 21, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2674Introduced by Assembly Member Aguiar-CurryFebruary 15, 2018 An act to amend Section 1371.39 of the Health and Safety Code, relating to health care service plans.LEGISLATIVE COUNSEL'S DIGESTAB 2674, Aguiar-Curry. Health care service plans: disciplinary actions.Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care. Existing law prohibits a health care service plan from engaging in an unfair payment pattern, as defined, and requires the department to adopt regulations that ensure that plans have adopted a dispute resolution mechanism, as specified. This bill would require the department to review complaints of unfair payment patterns on or before July 1, 2019, and at least annually thereafter. The bill would authorize the department to conduct an audit or an enforcement action, as specified, if the department determines the complaint review indicates a possible unfair payment pattern.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1371.39 of the Health and Safety Code is amended to read:1371.39. (a) Providers may report to the department through the toll-free provider line, email address, or another method designated by the department, instances in which the provider believes a plan is engaging in an unfair payment pattern.(b) Plans may report to the department through the toll-free provider line, email address, or another method designated by the department, instances in which the plan believes a provider is engaging in an unfair billing pattern.(c) Unfair billing pattern means engaging in a demonstrable and unjust pattern of unbundling of claims, upcoding of claims, or other demonstrable and unjustified billing patterns, as defined by the department.(d) On or before July 1, 2019, and at least annually thereafter, the department shall review complaints filed pursuant to subdivision (a). If the review of complaint data indicates a possible unfair payment pattern, the department may conduct an audit or an enforcement action pursuant to subdivision (s) of Section 1300.71 of Title 28 of the California Code of Regulations.
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3		-	Assembly Bill No. 2674 CHAPTER 303 An act to amend Section 1371.39 of the Health and Safety Code, relating to health care service plans. [ Approved by Governor September 07, 2018. Filed with Secretary of State September 07, 2018. ] LEGISLATIVE COUNSEL'S DIGESTAB 2674, Aguiar-Curry. Health care service plans: disciplinary actions.Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care. Existing law prohibits a health care service plan from engaging in an unfair payment pattern, as defined, and requires the department to adopt regulations that ensure that plans have adopted a dispute resolution mechanism, as specified. This bill would require the department to review complaints of unfair payment patterns on or before July 1, 2019, and at least annually thereafter. The bill would authorize the department to conduct an audit or an enforcement action, as specified, if the department determines the complaint review indicates a possible unfair payment pattern.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
	3	+	Enrolled August 29, 2018 Passed IN Senate August 22, 2018 Passed IN Assembly August 27, 2018 Amended IN Senate August 17, 2018 Amended IN Senate June 14, 2018 Amended IN Assembly May 25, 2018 Amended IN Assembly April 16, 2018 Amended IN Assembly April 02, 2018 Amended IN Assembly March 21, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2674Introduced by Assembly Member Aguiar-CurryFebruary 15, 2018 An act to amend Section 1371.39 of the Health and Safety Code, relating to health care service plans.LEGISLATIVE COUNSEL'S DIGESTAB 2674, Aguiar-Curry. Health care service plans: disciplinary actions.Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care. Existing law prohibits a health care service plan from engaging in an unfair payment pattern, as defined, and requires the department to adopt regulations that ensure that plans have adopted a dispute resolution mechanism, as specified. This bill would require the department to review complaints of unfair payment patterns on or before July 1, 2019, and at least annually thereafter. The bill would authorize the department to conduct an audit or an enforcement action, as specified, if the department determines the complaint review indicates a possible unfair payment pattern.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
	4	+
	5	+	Enrolled August 29, 2018 Passed IN Senate August 22, 2018 Passed IN Assembly August 27, 2018 Amended IN Senate August 17, 2018 Amended IN Senate June 14, 2018 Amended IN Assembly May 25, 2018 Amended IN Assembly April 16, 2018 Amended IN Assembly April 02, 2018 Amended IN Assembly March 21, 2018
	6	+
	7	+	Enrolled August 29, 2018
	8	+	Passed IN Senate August 22, 2018
	9	+	Passed IN Assembly August 27, 2018
	10	+	Amended IN Senate August 17, 2018
	11	+	Amended IN Senate June 14, 2018
	12	+	Amended IN Assembly May 25, 2018
	13	+	Amended IN Assembly April 16, 2018
	14	+	Amended IN Assembly April 02, 2018
	15	+	Amended IN Assembly March 21, 2018
	16	+
	17	+	CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
4	18
5	19		Assembly Bill No. 2674
6		-	CHAPTER 303
	20	+
	21	+	Introduced by Assembly Member Aguiar-CurryFebruary 15, 2018
	22	+
	23	+	Introduced by Assembly Member Aguiar-Curry
	24	+	February 15, 2018
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8	26		An act to amend Section 1371.39 of the Health and Safety Code, relating to health care service plans.
9		-
10		-	[ Approved by Governor September 07, 2018. Filed with Secretary of State September 07, 2018. ]
11	27
12	28		LEGISLATIVE COUNSEL'S DIGEST
13	29
14	30		## LEGISLATIVE COUNSEL'S DIGEST
15	31
16	32		AB 2674, Aguiar-Curry. Health care service plans: disciplinary actions.
17	33
18	34		Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care. Existing law prohibits a health care service plan from engaging in an unfair payment pattern, as defined, and requires the department to adopt regulations that ensure that plans have adopted a dispute resolution mechanism, as specified. This bill would require the department to review complaints of unfair payment patterns on or before July 1, 2019, and at least annually thereafter. The bill would authorize the department to conduct an audit or an enforcement action, as specified, if the department determines the complaint review indicates a possible unfair payment pattern.
19	35
20	36		Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care. Existing law prohibits a health care service plan from engaging in an unfair payment pattern, as defined, and requires the department to adopt regulations that ensure that plans have adopted a dispute resolution mechanism, as specified.
21	37
22	38		This bill would require the department to review complaints of unfair payment patterns on or before July 1, 2019, and at least annually thereafter. The bill would authorize the department to conduct an audit or an enforcement action, as specified, if the department determines the complaint review indicates a possible unfair payment pattern.
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24	40		## Digest Key
25	41
26	42		## Bill Text
27	43
28	44		The people of the State of California do enact as follows:SECTION 1. Section 1371.39 of the Health and Safety Code is amended to read:1371.39. (a) Providers may report to the department through the toll-free provider line, email address, or another method designated by the department, instances in which the provider believes a plan is engaging in an unfair payment pattern.(b) Plans may report to the department through the toll-free provider line, email address, or another method designated by the department, instances in which the plan believes a provider is engaging in an unfair billing pattern.(c) Unfair billing pattern means engaging in a demonstrable and unjust pattern of unbundling of claims, upcoding of claims, or other demonstrable and unjustified billing patterns, as defined by the department.(d) On or before July 1, 2019, and at least annually thereafter, the department shall review complaints filed pursuant to subdivision (a). If the review of complaint data indicates a possible unfair payment pattern, the department may conduct an audit or an enforcement action pursuant to subdivision (s) of Section 1300.71 of Title 28 of the California Code of Regulations.
29	45
30	46		The people of the State of California do enact as follows:
31	47
32	48		## The people of the State of California do enact as follows:
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34	50		SECTION 1. Section 1371.39 of the Health and Safety Code is amended to read:1371.39. (a) Providers may report to the department through the toll-free provider line, email address, or another method designated by the department, instances in which the provider believes a plan is engaging in an unfair payment pattern.(b) Plans may report to the department through the toll-free provider line, email address, or another method designated by the department, instances in which the plan believes a provider is engaging in an unfair billing pattern.(c) Unfair billing pattern means engaging in a demonstrable and unjust pattern of unbundling of claims, upcoding of claims, or other demonstrable and unjustified billing patterns, as defined by the department.(d) On or before July 1, 2019, and at least annually thereafter, the department shall review complaints filed pursuant to subdivision (a). If the review of complaint data indicates a possible unfair payment pattern, the department may conduct an audit or an enforcement action pursuant to subdivision (s) of Section 1300.71 of Title 28 of the California Code of Regulations.
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36	52		SECTION 1. Section 1371.39 of the Health and Safety Code is amended to read:
37	53
38	54		### SECTION 1.
39	55
40	56		1371.39. (a) Providers may report to the department through the toll-free provider line, email address, or another method designated by the department, instances in which the provider believes a plan is engaging in an unfair payment pattern.(b) Plans may report to the department through the toll-free provider line, email address, or another method designated by the department, instances in which the plan believes a provider is engaging in an unfair billing pattern.(c) Unfair billing pattern means engaging in a demonstrable and unjust pattern of unbundling of claims, upcoding of claims, or other demonstrable and unjustified billing patterns, as defined by the department.(d) On or before July 1, 2019, and at least annually thereafter, the department shall review complaints filed pursuant to subdivision (a). If the review of complaint data indicates a possible unfair payment pattern, the department may conduct an audit or an enforcement action pursuant to subdivision (s) of Section 1300.71 of Title 28 of the California Code of Regulations.
41	57
42	58		1371.39. (a) Providers may report to the department through the toll-free provider line, email address, or another method designated by the department, instances in which the provider believes a plan is engaging in an unfair payment pattern.(b) Plans may report to the department through the toll-free provider line, email address, or another method designated by the department, instances in which the plan believes a provider is engaging in an unfair billing pattern.(c) Unfair billing pattern means engaging in a demonstrable and unjust pattern of unbundling of claims, upcoding of claims, or other demonstrable and unjustified billing patterns, as defined by the department.(d) On or before July 1, 2019, and at least annually thereafter, the department shall review complaints filed pursuant to subdivision (a). If the review of complaint data indicates a possible unfair payment pattern, the department may conduct an audit or an enforcement action pursuant to subdivision (s) of Section 1300.71 of Title 28 of the California Code of Regulations.
43	59
44	60		1371.39. (a) Providers may report to the department through the toll-free provider line, email address, or another method designated by the department, instances in which the provider believes a plan is engaging in an unfair payment pattern.(b) Plans may report to the department through the toll-free provider line, email address, or another method designated by the department, instances in which the plan believes a provider is engaging in an unfair billing pattern.(c) Unfair billing pattern means engaging in a demonstrable and unjust pattern of unbundling of claims, upcoding of claims, or other demonstrable and unjustified billing patterns, as defined by the department.(d) On or before July 1, 2019, and at least annually thereafter, the department shall review complaints filed pursuant to subdivision (a). If the review of complaint data indicates a possible unfair payment pattern, the department may conduct an audit or an enforcement action pursuant to subdivision (s) of Section 1300.71 of Title 28 of the California Code of Regulations.
45	61
46	62
47	63
48	64		1371.39. (a) Providers may report to the department through the toll-free provider line, email address, or another method designated by the department, instances in which the provider believes a plan is engaging in an unfair payment pattern.
49	65
50	66		(b) Plans may report to the department through the toll-free provider line, email address, or another method designated by the department, instances in which the plan believes a provider is engaging in an unfair billing pattern.
51	67
52	68		(c) Unfair billing pattern means engaging in a demonstrable and unjust pattern of unbundling of claims, upcoding of claims, or other demonstrable and unjustified billing patterns, as defined by the department.
53	69
54	70		(d) On or before July 1, 2019, and at least annually thereafter, the department shall review complaints filed pursuant to subdivision (a). If the review of complaint data indicates a possible unfair payment pattern, the department may conduct an audit or an enforcement action pursuant to subdivision (s) of Section 1300.71 of Title 28 of the California Code of Regulations.