California 2023-2024 Regular Session

California Assembly Bill AB1502 Compare Versions

Only one version of the bill is available at this time.

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1	1	CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1502Introduced by Assembly Member SchiavoFebruary 17, 2023 An act to add Section 1367.044 to the Health and Safety Code, and to add Section 10140.3 to the Insurance Code, relating to health care coverage. LEGISLATIVE COUNSEL'S DIGESTAB 1502, as introduced, Schiavo. Health care coverage: discrimination.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, and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law prohibits a health care service plan or health insurer from employing marketing practices or benefit designs that discriminate based on an individuals race, color, national origin, present or predicted disability, age, sex, gender identity, sexual orientation, expected length of life, degree of medical dependency, quality of life, or other health conditions. Existing law requires a plan or insurer to notify enrollees and insureds that it does not discriminate on the basis of race, color, national origin, ancestry, religion, sex, marital status, gender, gender identity, sexual orientation, age, or disability.This bill would prohibit a health care service plan or health insurer from discriminating on the basis of race, color, national origin, sex, age, or disability through the use of clinical algorithms in its decisionmaking. Because a willful violation of these provisions by a health care service plan would be a crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1367.044 is added to the Health and Safety Code, to read:1367.044. (a) A health care service plan shall not discriminate on the basis of race, color, national origin, sex, age, or disability through the use of clinical algorithms in its decisionmaking.(b) This section does not prohibit the use of clinical algorithms that rely on variables to appropriately make decisions, including to identify, evaluate, and address health disparities.SEC. 2. Section 10140.3 is added to the Insurance Code, to read:10140.3. (a) A health insurer shall not discriminate on the basis of race, color, national origin, sex, age, or disability through the use of clinical algorithms in its decisionmaking.(b) This section does not prohibit the use of clinical algorithms that rely on variables to appropriately make decisions, including to identify, evaluate, and address health disparities.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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3	3	CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1502Introduced by Assembly Member SchiavoFebruary 17, 2023 An act to add Section 1367.044 to the Health and Safety Code, and to add Section 10140.3 to the Insurance Code, relating to health care coverage. LEGISLATIVE COUNSEL'S DIGESTAB 1502, as introduced, Schiavo. Health care coverage: discrimination.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, and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law prohibits a health care service plan or health insurer from employing marketing practices or benefit designs that discriminate based on an individuals race, color, national origin, present or predicted disability, age, sex, gender identity, sexual orientation, expected length of life, degree of medical dependency, quality of life, or other health conditions. Existing law requires a plan or insurer to notify enrollees and insureds that it does not discriminate on the basis of race, color, national origin, ancestry, religion, sex, marital status, gender, gender identity, sexual orientation, age, or disability.This bill would prohibit a health care service plan or health insurer from discriminating on the basis of race, color, national origin, sex, age, or disability through the use of clinical algorithms in its decisionmaking. Because a willful violation of these provisions by a health care service plan would be a crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
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9	9	CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
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11	11	Assembly Bill
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13	13	No. 1502
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15	15	Introduced by Assembly Member SchiavoFebruary 17, 2023
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17	17	Introduced by Assembly Member Schiavo
18	18	February 17, 2023
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20	20	An act to add Section 1367.044 to the Health and Safety Code, and to add Section 10140.3 to the Insurance Code, relating to health care coverage.
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22	22	LEGISLATIVE COUNSEL'S DIGEST
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24	24	## LEGISLATIVE COUNSEL'S DIGEST
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26	26	AB 1502, as introduced, Schiavo. Health care coverage: discrimination.
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28	28	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, and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law prohibits a health care service plan or health insurer from employing marketing practices or benefit designs that discriminate based on an individuals race, color, national origin, present or predicted disability, age, sex, gender identity, sexual orientation, expected length of life, degree of medical dependency, quality of life, or other health conditions. Existing law requires a plan or insurer to notify enrollees and insureds that it does not discriminate on the basis of race, color, national origin, ancestry, religion, sex, marital status, gender, gender identity, sexual orientation, age, or disability.This bill would prohibit a health care service plan or health insurer from discriminating on the basis of race, color, national origin, sex, age, or disability through the use of clinical algorithms in its decisionmaking. Because a willful violation of these provisions by a health care service plan would be a crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
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30	30	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, and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law prohibits a health care service plan or health insurer from employing marketing practices or benefit designs that discriminate based on an individuals race, color, national origin, present or predicted disability, age, sex, gender identity, sexual orientation, expected length of life, degree of medical dependency, quality of life, or other health conditions. Existing law requires a plan or insurer to notify enrollees and insureds that it does not discriminate on the basis of race, color, national origin, ancestry, religion, sex, marital status, gender, gender identity, sexual orientation, age, or disability.
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32	32	This bill would prohibit a health care service plan or health insurer from discriminating on the basis of race, color, national origin, sex, age, or disability through the use of clinical algorithms in its decisionmaking. Because a willful violation of these provisions by a health care service plan would be a crime, the bill would impose a state-mandated local program.
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34	34	The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
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36	36	This bill would provide that no reimbursement is required by this act for a specified reason.
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38	38	## Digest Key
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40	40	## Bill Text
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42	42	The people of the State of California do enact as follows:SECTION 1. Section 1367.044 is added to the Health and Safety Code, to read:1367.044. (a) A health care service plan shall not discriminate on the basis of race, color, national origin, sex, age, or disability through the use of clinical algorithms in its decisionmaking.(b) This section does not prohibit the use of clinical algorithms that rely on variables to appropriately make decisions, including to identify, evaluate, and address health disparities.SEC. 2. Section 10140.3 is added to the Insurance Code, to read:10140.3. (a) A health insurer shall not discriminate on the basis of race, color, national origin, sex, age, or disability through the use of clinical algorithms in its decisionmaking.(b) This section does not prohibit the use of clinical algorithms that rely on variables to appropriately make decisions, including to identify, evaluate, and address health disparities.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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44	44	The people of the State of California do enact as follows:
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46	46	## The people of the State of California do enact as follows:
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48	48	SECTION 1. Section 1367.044 is added to the Health and Safety Code, to read:1367.044. (a) A health care service plan shall not discriminate on the basis of race, color, national origin, sex, age, or disability through the use of clinical algorithms in its decisionmaking.(b) This section does not prohibit the use of clinical algorithms that rely on variables to appropriately make decisions, including to identify, evaluate, and address health disparities.
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50	50	SECTION 1. Section 1367.044 is added to the Health and Safety Code, to read:
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52	52	### SECTION 1.
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54	54	1367.044. (a) A health care service plan shall not discriminate on the basis of race, color, national origin, sex, age, or disability through the use of clinical algorithms in its decisionmaking.(b) This section does not prohibit the use of clinical algorithms that rely on variables to appropriately make decisions, including to identify, evaluate, and address health disparities.
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56	56	1367.044. (a) A health care service plan shall not discriminate on the basis of race, color, national origin, sex, age, or disability through the use of clinical algorithms in its decisionmaking.(b) This section does not prohibit the use of clinical algorithms that rely on variables to appropriately make decisions, including to identify, evaluate, and address health disparities.
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58	58	1367.044. (a) A health care service plan shall not discriminate on the basis of race, color, national origin, sex, age, or disability through the use of clinical algorithms in its decisionmaking.(b) This section does not prohibit the use of clinical algorithms that rely on variables to appropriately make decisions, including to identify, evaluate, and address health disparities.
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62	62	1367.044. (a) A health care service plan shall not discriminate on the basis of race, color, national origin, sex, age, or disability through the use of clinical algorithms in its decisionmaking.
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64	64	(b) This section does not prohibit the use of clinical algorithms that rely on variables to appropriately make decisions, including to identify, evaluate, and address health disparities.
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66	66	SEC. 2. Section 10140.3 is added to the Insurance Code, to read:10140.3. (a) A health insurer shall not discriminate on the basis of race, color, national origin, sex, age, or disability through the use of clinical algorithms in its decisionmaking.(b) This section does not prohibit the use of clinical algorithms that rely on variables to appropriately make decisions, including to identify, evaluate, and address health disparities.
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68	68	SEC. 2. Section 10140.3 is added to the Insurance Code, to read:
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70	70	### SEC. 2.
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72	72	10140.3. (a) A health insurer shall not discriminate on the basis of race, color, national origin, sex, age, or disability through the use of clinical algorithms in its decisionmaking.(b) This section does not prohibit the use of clinical algorithms that rely on variables to appropriately make decisions, including to identify, evaluate, and address health disparities.
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74	74	10140.3. (a) A health insurer shall not discriminate on the basis of race, color, national origin, sex, age, or disability through the use of clinical algorithms in its decisionmaking.(b) This section does not prohibit the use of clinical algorithms that rely on variables to appropriately make decisions, including to identify, evaluate, and address health disparities.
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76	76	10140.3. (a) A health insurer shall not discriminate on the basis of race, color, national origin, sex, age, or disability through the use of clinical algorithms in its decisionmaking.(b) This section does not prohibit the use of clinical algorithms that rely on variables to appropriately make decisions, including to identify, evaluate, and address health disparities.
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80	80	10140.3. (a) A health insurer shall not discriminate on the basis of race, color, national origin, sex, age, or disability through the use of clinical algorithms in its decisionmaking.
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82	82	(b) This section does not prohibit the use of clinical algorithms that rely on variables to appropriately make decisions, including to identify, evaluate, and address health disparities.
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84	84	SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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86	86	SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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88	88	SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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90	90	### SEC. 3.