California 2023 2023-2024 Regular Session

California Senate Bill SB839 Amended / Bill

Filed 03/20/2023

                    Amended IN  Senate  March 20, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 839Introduced by Senator BradfordFebruary 17, 2023An act to amend Section 676 of add Section 1374.6 to the Health and Safety Code, and to add Section 10123.62 to the Insurance Code, relating to insurance. health care coverage.LEGISLATIVE COUNSEL'S DIGESTSB 839, as amended, Bradford. Insurance: cancellation. Obesity Treatment Parity Act.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 acts requirements a crime. Existing law provides for the regulation of disability and health insurers by the Department of Insurance. Existing law sets forth specified coverage requirements for plan contracts and insurance policies, and limits the copayment, coinsurance, deductible, and other cost sharing that may be imposed for specified health care services.This bill would require an individual or group health care service plan contract or health insurance policy issued, amended, or renewed on or after January 1, 2025, to include comprehensive coverage for the treatment of obesity in the same manner as any other illness, condition, or disorder for purposes of determining deductibles, lifetime dollar limits, copayment and coinsurance factors, and benefit year maximums for deductibles and copayment and coinsurance factors.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.Existing law prohibits cancellation of an insurance policy, as specified, that has been in effect for 60 days, unless, after the effective date of the policy, certain acts have occurred, including nonpayment of the premium, conviction of the named insured of a crime having as one of its necessary elements an act increasing any hazard insured against, or the discovery of fraud or material misrepresentation.This bill would make technical, nonsubstantive changes to those provisions. Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the Obesity Treatment Parity Act.SEC. 2. Section 1374.6 is added to the Health and Safety Code, to read:1374.6. (a) An individual or group health care service plan contract that is issued, amended, or renewed on or after January 1, 2025, shall include comprehensive coverage for the treatment of obesity, including coverage for intensive behavioral therapy, bariatric surgery, and FDA-approved antiobesity medication.(b) Coverage criteria for FDA-approved antiobesity medications shall not be more restrictive than the FDA-approved indications for those treatments.(c) Coverage under this section shall not be different or separate from coverage for any other illness, condition, or disorder for purposes of determining deductibles, lifetime dollar limits, copayment and coinsurance factors, and benefit year maximums for deductibles and copayment and coinsurance factors.(d) This section does not prohibit a plan from applying utilization management to determine the medical necessity for treatment of obesity under this section if appropriateness and medical necessity determinations are made in the same manner as those determinations are made for the treatment of any other illness, condition, or disorder covered by a contract.(e) For purposes of this section, FDA-approved antiobesity medication means any medication approved by the United States Food and Drug Administration with an indication for chronic weight management in patients with obesity.SEC. 3. Section 10123.62 is added to the Insurance Code, to read:10123.62. (a) An individual or group health insurance policy that is issued, amended, or renewed on or after January 1, 2025, shall include comprehensive coverage for treatment of obesity, including coverage for intensive behavioral therapy, bariatric surgery, and FDA-approved antiobesity medication.(b) Coverage criteria for FDA-approved antiobesity medications shall not be more restrictive than the FDA-approved indications for those treatments.(c) Coverage under this section shall not be different or separate from coverage for any other illness, condition, or disorder for purposes of determining deductibles, lifetime dollar limits, copayment and coinsurance factors, and benefit year maximums for deductibles and copayment and coinsurance factors.(d) This section does not prohibit an insurer from applying utilization management to determine the medical necessity for treatment of obesity under this section if appropriateness and medical necessity determinations are made in the same manner as those determinations are made for the treatment of any other illness, condition, or disorder covered by a policy.(e) For purposes of this section, FDA-approved antiobesity medication means any medication approved by the United States Food and Drug Administration with an indication for chronic weight management in patients with obesity.SEC. 4. 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.SECTION 1.Section 676 of the Insurance Code is amended to read:676.After a policy specified in Section 675 has been in effect for 60 days, or, if the policy is a renewal, effective immediately, no notice of cancellation shall be effective unless it is based on the occurrence, after the effective date of the policy, of one or more of the following:(a)Nonpayment of premium, including nonpayment of any additional premiums, calculated in accordance with the current rating manual of the insurer, justified by a physical change in the insured property or a change in its occupancy or use.(b)Conviction of the named insured of a crime having as one of its necessary elements an act increasing any hazard insured against.(c)Discovery of fraud or material misrepresentation by either of the following:(1)The insured or the insureds representative in obtaining the insurance.(2)The named insured or the insureds representative in pursuing a claim under the policy.(d)Discovery of grossly negligent acts or omissions by the insured or the insureds representative substantially increasing any of the hazards insured against.(e)Physical changes in the insured property which result in the property becoming uninsurable.

 Amended IN  Senate  March 20, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 839Introduced by Senator BradfordFebruary 17, 2023An act to amend Section 676 of add Section 1374.6 to the Health and Safety Code, and to add Section 10123.62 to the Insurance Code, relating to insurance. health care coverage.LEGISLATIVE COUNSEL'S DIGESTSB 839, as amended, Bradford. Insurance: cancellation. Obesity Treatment Parity Act.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 acts requirements a crime. Existing law provides for the regulation of disability and health insurers by the Department of Insurance. Existing law sets forth specified coverage requirements for plan contracts and insurance policies, and limits the copayment, coinsurance, deductible, and other cost sharing that may be imposed for specified health care services.This bill would require an individual or group health care service plan contract or health insurance policy issued, amended, or renewed on or after January 1, 2025, to include comprehensive coverage for the treatment of obesity in the same manner as any other illness, condition, or disorder for purposes of determining deductibles, lifetime dollar limits, copayment and coinsurance factors, and benefit year maximums for deductibles and copayment and coinsurance factors.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.Existing law prohibits cancellation of an insurance policy, as specified, that has been in effect for 60 days, unless, after the effective date of the policy, certain acts have occurred, including nonpayment of the premium, conviction of the named insured of a crime having as one of its necessary elements an act increasing any hazard insured against, or the discovery of fraud or material misrepresentation.This bill would make technical, nonsubstantive changes to those provisions. Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NOYES 

 Amended IN  Senate  March 20, 2023

Amended IN  Senate  March 20, 2023

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Senate Bill 

No. 839

Introduced by Senator BradfordFebruary 17, 2023

Introduced by Senator Bradford
February 17, 2023

An act to amend Section 676 of add Section 1374.6 to the Health and Safety Code, and to add Section 10123.62 to the Insurance Code, relating to insurance. health care coverage.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 839, as amended, Bradford. Insurance: cancellation. Obesity Treatment Parity Act.

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 acts requirements a crime. Existing law provides for the regulation of disability and health insurers by the Department of Insurance. Existing law sets forth specified coverage requirements for plan contracts and insurance policies, and limits the copayment, coinsurance, deductible, and other cost sharing that may be imposed for specified health care services.This bill would require an individual or group health care service plan contract or health insurance policy issued, amended, or renewed on or after January 1, 2025, to include comprehensive coverage for the treatment of obesity in the same manner as any other illness, condition, or disorder for purposes of determining deductibles, lifetime dollar limits, copayment and coinsurance factors, and benefit year maximums for deductibles and copayment and coinsurance factors.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.Existing law prohibits cancellation of an insurance policy, as specified, that has been in effect for 60 days, unless, after the effective date of the policy, certain acts have occurred, including nonpayment of the premium, conviction of the named insured of a crime having as one of its necessary elements an act increasing any hazard insured against, or the discovery of fraud or material misrepresentation.This bill would make technical, nonsubstantive changes to those provisions. 

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 acts requirements a crime. Existing law provides for the regulation of disability and health insurers by the Department of Insurance. Existing law sets forth specified coverage requirements for plan contracts and insurance policies, and limits the copayment, coinsurance, deductible, and other cost sharing that may be imposed for specified health care services.

This bill would require an individual or group health care service plan contract or health insurance policy issued, amended, or renewed on or after January 1, 2025, to include comprehensive coverage for the treatment of obesity in the same manner as any other illness, condition, or disorder for purposes of determining deductibles, lifetime dollar limits, copayment and coinsurance factors, and benefit year maximums for deductibles and copayment and coinsurance factors.

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.

Existing law prohibits cancellation of an insurance policy, as specified, that has been in effect for 60 days, unless, after the effective date of the policy, certain acts have occurred, including nonpayment of the premium, conviction of the named insured of a crime having as one of its necessary elements an act increasing any hazard insured against, or the discovery of fraud or material misrepresentation.



This bill would make technical, nonsubstantive changes to those provisions. 



## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the Obesity Treatment Parity Act.SEC. 2. Section 1374.6 is added to the Health and Safety Code, to read:1374.6. (a) An individual or group health care service plan contract that is issued, amended, or renewed on or after January 1, 2025, shall include comprehensive coverage for the treatment of obesity, including coverage for intensive behavioral therapy, bariatric surgery, and FDA-approved antiobesity medication.(b) Coverage criteria for FDA-approved antiobesity medications shall not be more restrictive than the FDA-approved indications for those treatments.(c) Coverage under this section shall not be different or separate from coverage for any other illness, condition, or disorder for purposes of determining deductibles, lifetime dollar limits, copayment and coinsurance factors, and benefit year maximums for deductibles and copayment and coinsurance factors.(d) This section does not prohibit a plan from applying utilization management to determine the medical necessity for treatment of obesity under this section if appropriateness and medical necessity determinations are made in the same manner as those determinations are made for the treatment of any other illness, condition, or disorder covered by a contract.(e) For purposes of this section, FDA-approved antiobesity medication means any medication approved by the United States Food and Drug Administration with an indication for chronic weight management in patients with obesity.SEC. 3. Section 10123.62 is added to the Insurance Code, to read:10123.62. (a) An individual or group health insurance policy that is issued, amended, or renewed on or after January 1, 2025, shall include comprehensive coverage for treatment of obesity, including coverage for intensive behavioral therapy, bariatric surgery, and FDA-approved antiobesity medication.(b) Coverage criteria for FDA-approved antiobesity medications shall not be more restrictive than the FDA-approved indications for those treatments.(c) Coverage under this section shall not be different or separate from coverage for any other illness, condition, or disorder for purposes of determining deductibles, lifetime dollar limits, copayment and coinsurance factors, and benefit year maximums for deductibles and copayment and coinsurance factors.(d) This section does not prohibit an insurer from applying utilization management to determine the medical necessity for treatment of obesity under this section if appropriateness and medical necessity determinations are made in the same manner as those determinations are made for the treatment of any other illness, condition, or disorder covered by a policy.(e) For purposes of this section, FDA-approved antiobesity medication means any medication approved by the United States Food and Drug Administration with an indication for chronic weight management in patients with obesity.SEC. 4. 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.SECTION 1.Section 676 of the Insurance Code is amended to read:676.After a policy specified in Section 675 has been in effect for 60 days, or, if the policy is a renewal, effective immediately, no notice of cancellation shall be effective unless it is based on the occurrence, after the effective date of the policy, of one or more of the following:(a)Nonpayment of premium, including nonpayment of any additional premiums, calculated in accordance with the current rating manual of the insurer, justified by a physical change in the insured property or a change in its occupancy or use.(b)Conviction of the named insured of a crime having as one of its necessary elements an act increasing any hazard insured against.(c)Discovery of fraud or material misrepresentation by either of the following:(1)The insured or the insureds representative in obtaining the insurance.(2)The named insured or the insureds representative in pursuing a claim under the policy.(d)Discovery of grossly negligent acts or omissions by the insured or the insureds representative substantially increasing any of the hazards insured against.(e)Physical changes in the insured property which result in the property becoming uninsurable.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. This act shall be known, and may be cited, as the Obesity Treatment Parity Act.

SECTION 1. This act shall be known, and may be cited, as the Obesity Treatment Parity Act.

SECTION 1. This act shall be known, and may be cited, as the Obesity Treatment Parity Act.

### SECTION 1.

SEC. 2. Section 1374.6 is added to the Health and Safety Code, to read:1374.6. (a) An individual or group health care service plan contract that is issued, amended, or renewed on or after January 1, 2025, shall include comprehensive coverage for the treatment of obesity, including coverage for intensive behavioral therapy, bariatric surgery, and FDA-approved antiobesity medication.(b) Coverage criteria for FDA-approved antiobesity medications shall not be more restrictive than the FDA-approved indications for those treatments.(c) Coverage under this section shall not be different or separate from coverage for any other illness, condition, or disorder for purposes of determining deductibles, lifetime dollar limits, copayment and coinsurance factors, and benefit year maximums for deductibles and copayment and coinsurance factors.(d) This section does not prohibit a plan from applying utilization management to determine the medical necessity for treatment of obesity under this section if appropriateness and medical necessity determinations are made in the same manner as those determinations are made for the treatment of any other illness, condition, or disorder covered by a contract.(e) For purposes of this section, FDA-approved antiobesity medication means any medication approved by the United States Food and Drug Administration with an indication for chronic weight management in patients with obesity.

SEC. 2. Section 1374.6 is added to the Health and Safety Code, to read:

### SEC. 2.

1374.6. (a) An individual or group health care service plan contract that is issued, amended, or renewed on or after January 1, 2025, shall include comprehensive coverage for the treatment of obesity, including coverage for intensive behavioral therapy, bariatric surgery, and FDA-approved antiobesity medication.(b) Coverage criteria for FDA-approved antiobesity medications shall not be more restrictive than the FDA-approved indications for those treatments.(c) Coverage under this section shall not be different or separate from coverage for any other illness, condition, or disorder for purposes of determining deductibles, lifetime dollar limits, copayment and coinsurance factors, and benefit year maximums for deductibles and copayment and coinsurance factors.(d) This section does not prohibit a plan from applying utilization management to determine the medical necessity for treatment of obesity under this section if appropriateness and medical necessity determinations are made in the same manner as those determinations are made for the treatment of any other illness, condition, or disorder covered by a contract.(e) For purposes of this section, FDA-approved antiobesity medication means any medication approved by the United States Food and Drug Administration with an indication for chronic weight management in patients with obesity.

1374.6. (a) An individual or group health care service plan contract that is issued, amended, or renewed on or after January 1, 2025, shall include comprehensive coverage for the treatment of obesity, including coverage for intensive behavioral therapy, bariatric surgery, and FDA-approved antiobesity medication.(b) Coverage criteria for FDA-approved antiobesity medications shall not be more restrictive than the FDA-approved indications for those treatments.(c) Coverage under this section shall not be different or separate from coverage for any other illness, condition, or disorder for purposes of determining deductibles, lifetime dollar limits, copayment and coinsurance factors, and benefit year maximums for deductibles and copayment and coinsurance factors.(d) This section does not prohibit a plan from applying utilization management to determine the medical necessity for treatment of obesity under this section if appropriateness and medical necessity determinations are made in the same manner as those determinations are made for the treatment of any other illness, condition, or disorder covered by a contract.(e) For purposes of this section, FDA-approved antiobesity medication means any medication approved by the United States Food and Drug Administration with an indication for chronic weight management in patients with obesity.

1374.6. (a) An individual or group health care service plan contract that is issued, amended, or renewed on or after January 1, 2025, shall include comprehensive coverage for the treatment of obesity, including coverage for intensive behavioral therapy, bariatric surgery, and FDA-approved antiobesity medication.(b) Coverage criteria for FDA-approved antiobesity medications shall not be more restrictive than the FDA-approved indications for those treatments.(c) Coverage under this section shall not be different or separate from coverage for any other illness, condition, or disorder for purposes of determining deductibles, lifetime dollar limits, copayment and coinsurance factors, and benefit year maximums for deductibles and copayment and coinsurance factors.(d) This section does not prohibit a plan from applying utilization management to determine the medical necessity for treatment of obesity under this section if appropriateness and medical necessity determinations are made in the same manner as those determinations are made for the treatment of any other illness, condition, or disorder covered by a contract.(e) For purposes of this section, FDA-approved antiobesity medication means any medication approved by the United States Food and Drug Administration with an indication for chronic weight management in patients with obesity.



1374.6. (a) An individual or group health care service plan contract that is issued, amended, or renewed on or after January 1, 2025, shall include comprehensive coverage for the treatment of obesity, including coverage for intensive behavioral therapy, bariatric surgery, and FDA-approved antiobesity medication.

(b) Coverage criteria for FDA-approved antiobesity medications shall not be more restrictive than the FDA-approved indications for those treatments.

(c) Coverage under this section shall not be different or separate from coverage for any other illness, condition, or disorder for purposes of determining deductibles, lifetime dollar limits, copayment and coinsurance factors, and benefit year maximums for deductibles and copayment and coinsurance factors.

(d) This section does not prohibit a plan from applying utilization management to determine the medical necessity for treatment of obesity under this section if appropriateness and medical necessity determinations are made in the same manner as those determinations are made for the treatment of any other illness, condition, or disorder covered by a contract.

(e) For purposes of this section, FDA-approved antiobesity medication means any medication approved by the United States Food and Drug Administration with an indication for chronic weight management in patients with obesity.

SEC. 3. Section 10123.62 is added to the Insurance Code, to read:10123.62. (a) An individual or group health insurance policy that is issued, amended, or renewed on or after January 1, 2025, shall include comprehensive coverage for treatment of obesity, including coverage for intensive behavioral therapy, bariatric surgery, and FDA-approved antiobesity medication.(b) Coverage criteria for FDA-approved antiobesity medications shall not be more restrictive than the FDA-approved indications for those treatments.(c) Coverage under this section shall not be different or separate from coverage for any other illness, condition, or disorder for purposes of determining deductibles, lifetime dollar limits, copayment and coinsurance factors, and benefit year maximums for deductibles and copayment and coinsurance factors.(d) This section does not prohibit an insurer from applying utilization management to determine the medical necessity for treatment of obesity under this section if appropriateness and medical necessity determinations are made in the same manner as those determinations are made for the treatment of any other illness, condition, or disorder covered by a policy.(e) For purposes of this section, FDA-approved antiobesity medication means any medication approved by the United States Food and Drug Administration with an indication for chronic weight management in patients with obesity.

SEC. 3. Section 10123.62 is added to the Insurance Code, to read:

### SEC. 3.

10123.62. (a) An individual or group health insurance policy that is issued, amended, or renewed on or after January 1, 2025, shall include comprehensive coverage for treatment of obesity, including coverage for intensive behavioral therapy, bariatric surgery, and FDA-approved antiobesity medication.(b) Coverage criteria for FDA-approved antiobesity medications shall not be more restrictive than the FDA-approved indications for those treatments.(c) Coverage under this section shall not be different or separate from coverage for any other illness, condition, or disorder for purposes of determining deductibles, lifetime dollar limits, copayment and coinsurance factors, and benefit year maximums for deductibles and copayment and coinsurance factors.(d) This section does not prohibit an insurer from applying utilization management to determine the medical necessity for treatment of obesity under this section if appropriateness and medical necessity determinations are made in the same manner as those determinations are made for the treatment of any other illness, condition, or disorder covered by a policy.(e) For purposes of this section, FDA-approved antiobesity medication means any medication approved by the United States Food and Drug Administration with an indication for chronic weight management in patients with obesity.

10123.62. (a) An individual or group health insurance policy that is issued, amended, or renewed on or after January 1, 2025, shall include comprehensive coverage for treatment of obesity, including coverage for intensive behavioral therapy, bariatric surgery, and FDA-approved antiobesity medication.(b) Coverage criteria for FDA-approved antiobesity medications shall not be more restrictive than the FDA-approved indications for those treatments.(c) Coverage under this section shall not be different or separate from coverage for any other illness, condition, or disorder for purposes of determining deductibles, lifetime dollar limits, copayment and coinsurance factors, and benefit year maximums for deductibles and copayment and coinsurance factors.(d) This section does not prohibit an insurer from applying utilization management to determine the medical necessity for treatment of obesity under this section if appropriateness and medical necessity determinations are made in the same manner as those determinations are made for the treatment of any other illness, condition, or disorder covered by a policy.(e) For purposes of this section, FDA-approved antiobesity medication means any medication approved by the United States Food and Drug Administration with an indication for chronic weight management in patients with obesity.

10123.62. (a) An individual or group health insurance policy that is issued, amended, or renewed on or after January 1, 2025, shall include comprehensive coverage for treatment of obesity, including coverage for intensive behavioral therapy, bariatric surgery, and FDA-approved antiobesity medication.(b) Coverage criteria for FDA-approved antiobesity medications shall not be more restrictive than the FDA-approved indications for those treatments.(c) Coverage under this section shall not be different or separate from coverage for any other illness, condition, or disorder for purposes of determining deductibles, lifetime dollar limits, copayment and coinsurance factors, and benefit year maximums for deductibles and copayment and coinsurance factors.(d) This section does not prohibit an insurer from applying utilization management to determine the medical necessity for treatment of obesity under this section if appropriateness and medical necessity determinations are made in the same manner as those determinations are made for the treatment of any other illness, condition, or disorder covered by a policy.(e) For purposes of this section, FDA-approved antiobesity medication means any medication approved by the United States Food and Drug Administration with an indication for chronic weight management in patients with obesity.



10123.62. (a) An individual or group health insurance policy that is issued, amended, or renewed on or after January 1, 2025, shall include comprehensive coverage for treatment of obesity, including coverage for intensive behavioral therapy, bariatric surgery, and FDA-approved antiobesity medication.

(b) Coverage criteria for FDA-approved antiobesity medications shall not be more restrictive than the FDA-approved indications for those treatments.

(c) Coverage under this section shall not be different or separate from coverage for any other illness, condition, or disorder for purposes of determining deductibles, lifetime dollar limits, copayment and coinsurance factors, and benefit year maximums for deductibles and copayment and coinsurance factors.

(d) This section does not prohibit an insurer from applying utilization management to determine the medical necessity for treatment of obesity under this section if appropriateness and medical necessity determinations are made in the same manner as those determinations are made for the treatment of any other illness, condition, or disorder covered by a policy.

(e) For purposes of this section, FDA-approved antiobesity medication means any medication approved by the United States Food and Drug Administration with an indication for chronic weight management in patients with obesity.

SEC. 4. 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.

SEC. 4. 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.

SEC. 4. 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.

### SEC. 4.





After a policy specified in Section 675 has been in effect for 60 days, or, if the policy is a renewal, effective immediately, no notice of cancellation shall be effective unless it is based on the occurrence, after the effective date of the policy, of one or more of the following:



(a)Nonpayment of premium, including nonpayment of any additional premiums, calculated in accordance with the current rating manual of the insurer, justified by a physical change in the insured property or a change in its occupancy or use.



(b)Conviction of the named insured of a crime having as one of its necessary elements an act increasing any hazard insured against.



(c)Discovery of fraud or material misrepresentation by either of the following:



(1)The insured or the insureds representative in obtaining the insurance.



(2)The named insured or the insureds representative in pursuing a claim under the policy.



(d)Discovery of grossly negligent acts or omissions by the insured or the insureds representative substantially increasing any of the hazards insured against.



(e)Physical changes in the insured property which result in the property becoming uninsurable.