Amended IN Senate March 20, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 344Introduced by Senator Weber PiersonFebruary 12, 2025 An act to amend Section 1375.1 of the Health and Safety Code, relating to health care service plans. amend Section 7117 of the Health and Safety Code, relating to human remains.LEGISLATIVE COUNSEL'S DIGESTSB 344, as amended, Weber Pierson. Health care service plans: financial risk requirement. Disposition of human remains: scattering at sea. Existing law provides for the disposition of human remains and makes specified acts relating to human remains, including improperly disposing of human remains, a crime. Existing law authorizes cremated remains or hydrolyzed human remains to be taken by boat from any harbor in this state, or by air, and scattered at sea. Existing law defines the phrase at sea to include the inland navigable waters of this state, exclusive of lakes and streams, provided that no such scattering may take place within 500 yards of the shoreline. Existing law specifies that these provisions do not allow the scattering of cremated human remains or hydrolyzed human remains from a bridge or pier.This bill would additionally specify that these provisions do not allow the scattering of cremated human remains or hydrolyzed human remains from a dock attached to the shore. By expanding the definition of a crime, this 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, 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 requires a health care service plan to demonstrate that it has a fiscally sound operation and adequate provision against the risk of insolvency, that it assumes full financial risk on a prospective basis for the provision of covered health care services, and that it has a procedure for the prompt payment or denial of provider and subscriber or enrollee claims.This bill would make technical, nonsubstantive changes to these 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. Section 7117 of the Health and Safety Code is amended to read:7117. (a) Cremated remains or hydrolyzed human remains may be taken by boat from any harbor in this state, or by air, and scattered at sea. Cremated remains or hydrolyzed human remains shall be removed from their container before the remains are scattered at sea.(b) Any person who scatters at sea, either from a boat or from the air, any cremated human remains or hydrolyzed human remains shall file with the local registrar of births and deaths in the county nearest the point where the remains were scattered, a verified statement containing the name of the deceased person, the time and place of death, the place at which the cremated remains or hydrolyzed human remains were scattered, and any other information that the local registrar of births and deaths may require. The first copy of the endorsed permit shall be filed with the local registrar of births and deaths within 10 days of disposition. The third copy shall be returned to the office of issuance.(c) For purposes of this section, the phrase at sea includes the inland navigable waters of this state, exclusive of lakes and streams, provided that no such scattering may take place within 500 yards of the shoreline. This section does not allow the scattering of cremated human remains or hydrolyzed human remains from a bridge bridge, dock attached to the shore, or pier.(d) Notwithstanding any other provision of this code, the cremated remains or hydrolyzed human remains of a deceased person may be scattered at sea as provided in this section and Section 103060.(e) This section shall become operative on July 1, 2020.SEC. 2. 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 1375.1 of the Health and Safety Code is amended to read:1375.1.(a)Every plan shall have, and shall demonstrate to the director that it has, all of the following:(1)A fiscally sound operation and adequate provision against the risk of insolvency.(2)Assumed full financial risk on a prospective basis for the provision of covered health care services, except that a plan may obtain insurance or make other arrangements for the cost of providing to any subscriber or enrollee covered health care services, the aggregate value of which exceeds five thousand dollars ($5,000) in any year, for the cost of covered health care services provided to its members other than through the plan because medical necessity required their provision before they could be secured through the plan, and for not more than 90 percent of the amount by which its costs for any of its fiscal years exceed 115 percent of its income for that fiscal year.(3)A procedure for prompt payment or denial of provider and subscriber or enrollee claims, including those telehealth services, as defined in subdivision (a) of Section 2290.5 of the Business and Professions Code, covered by the plan. Except as provided in Section 1371, a procedure meeting the requirements of Subchapter G of the regulations (29 C.F.R. Part 2560) under Public Law 93-406 (88 Stats. 829-1035, 29 U.S.C. Secs. 1001 et seq.) shall satisfy this requirement.(b)In determining whether the conditions of this section have been met, the director shall consider, but not be limited to, the following:(1)The financial soundness of the plans arrangements for health care services and the schedule of rates and charges used by the plan.(2)The adequacy of working capital.(3)Agreements with providers for the provision of health care services.(c)For the purposes of this section, covered health care services means health care services provided under all plan contracts.
Amended IN Senate March 20, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 344Introduced by Senator Weber PiersonFebruary 12, 2025 An act to amend Section 1375.1 of the Health and Safety Code, relating to health care service plans. amend Section 7117 of the Health and Safety Code, relating to human remains.LEGISLATIVE COUNSEL'S DIGESTSB 344, as amended, Weber Pierson. Health care service plans: financial risk requirement. Disposition of human remains: scattering at sea. Existing law provides for the disposition of human remains and makes specified acts relating to human remains, including improperly disposing of human remains, a crime. Existing law authorizes cremated remains or hydrolyzed human remains to be taken by boat from any harbor in this state, or by air, and scattered at sea. Existing law defines the phrase at sea to include the inland navigable waters of this state, exclusive of lakes and streams, provided that no such scattering may take place within 500 yards of the shoreline. Existing law specifies that these provisions do not allow the scattering of cremated human remains or hydrolyzed human remains from a bridge or pier.This bill would additionally specify that these provisions do not allow the scattering of cremated human remains or hydrolyzed human remains from a dock attached to the shore. By expanding the definition of a crime, this 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, 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 requires a health care service plan to demonstrate that it has a fiscally sound operation and adequate provision against the risk of insolvency, that it assumes full financial risk on a prospective basis for the provision of covered health care services, and that it has a procedure for the prompt payment or denial of provider and subscriber or enrollee claims.This bill would make technical, nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
Amended IN Senate March 20, 2025
Amended IN Senate March 20, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Senate Bill
No. 344
Introduced by Senator Weber PiersonFebruary 12, 2025
Introduced by Senator Weber Pierson
February 12, 2025
An act to amend Section 1375.1 of the Health and Safety Code, relating to health care service plans. amend Section 7117 of the Health and Safety Code, relating to human remains.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 344, as amended, Weber Pierson. Health care service plans: financial risk requirement. Disposition of human remains: scattering at sea.
Existing law provides for the disposition of human remains and makes specified acts relating to human remains, including improperly disposing of human remains, a crime. Existing law authorizes cremated remains or hydrolyzed human remains to be taken by boat from any harbor in this state, or by air, and scattered at sea. Existing law defines the phrase at sea to include the inland navigable waters of this state, exclusive of lakes and streams, provided that no such scattering may take place within 500 yards of the shoreline. Existing law specifies that these provisions do not allow the scattering of cremated human remains or hydrolyzed human remains from a bridge or pier.This bill would additionally specify that these provisions do not allow the scattering of cremated human remains or hydrolyzed human remains from a dock attached to the shore. By expanding the definition of a crime, this 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, 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 requires a health care service plan to demonstrate that it has a fiscally sound operation and adequate provision against the risk of insolvency, that it assumes full financial risk on a prospective basis for the provision of covered health care services, and that it has a procedure for the prompt payment or denial of provider and subscriber or enrollee claims.This bill would make technical, nonsubstantive changes to these provisions.
Existing law provides for the disposition of human remains and makes specified acts relating to human remains, including improperly disposing of human remains, a crime. Existing law authorizes cremated remains or hydrolyzed human remains to be taken by boat from any harbor in this state, or by air, and scattered at sea. Existing law defines the phrase at sea to include the inland navigable waters of this state, exclusive of lakes and streams, provided that no such scattering may take place within 500 yards of the shoreline. Existing law specifies that these provisions do not allow the scattering of cremated human remains or hydrolyzed human remains from a bridge or pier.
This bill would additionally specify that these provisions do not allow the scattering of cremated human remains or hydrolyzed human remains from a dock attached to the shore. By expanding the definition of a crime, this 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, 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 requires a health care service plan to demonstrate that it has a fiscally sound operation and adequate provision against the risk of insolvency, that it assumes full financial risk on a prospective basis for the provision of covered health care services, and that it has a procedure for the prompt payment or denial of provider and subscriber or enrollee claims.
This bill would make technical, nonsubstantive changes to these provisions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 7117 of the Health and Safety Code is amended to read:7117. (a) Cremated remains or hydrolyzed human remains may be taken by boat from any harbor in this state, or by air, and scattered at sea. Cremated remains or hydrolyzed human remains shall be removed from their container before the remains are scattered at sea.(b) Any person who scatters at sea, either from a boat or from the air, any cremated human remains or hydrolyzed human remains shall file with the local registrar of births and deaths in the county nearest the point where the remains were scattered, a verified statement containing the name of the deceased person, the time and place of death, the place at which the cremated remains or hydrolyzed human remains were scattered, and any other information that the local registrar of births and deaths may require. The first copy of the endorsed permit shall be filed with the local registrar of births and deaths within 10 days of disposition. The third copy shall be returned to the office of issuance.(c) For purposes of this section, the phrase at sea includes the inland navigable waters of this state, exclusive of lakes and streams, provided that no such scattering may take place within 500 yards of the shoreline. This section does not allow the scattering of cremated human remains or hydrolyzed human remains from a bridge bridge, dock attached to the shore, or pier.(d) Notwithstanding any other provision of this code, the cremated remains or hydrolyzed human remains of a deceased person may be scattered at sea as provided in this section and Section 103060.(e) This section shall become operative on July 1, 2020.SEC. 2. 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 1375.1 of the Health and Safety Code is amended to read:1375.1.(a)Every plan shall have, and shall demonstrate to the director that it has, all of the following:(1)A fiscally sound operation and adequate provision against the risk of insolvency.(2)Assumed full financial risk on a prospective basis for the provision of covered health care services, except that a plan may obtain insurance or make other arrangements for the cost of providing to any subscriber or enrollee covered health care services, the aggregate value of which exceeds five thousand dollars ($5,000) in any year, for the cost of covered health care services provided to its members other than through the plan because medical necessity required their provision before they could be secured through the plan, and for not more than 90 percent of the amount by which its costs for any of its fiscal years exceed 115 percent of its income for that fiscal year.(3)A procedure for prompt payment or denial of provider and subscriber or enrollee claims, including those telehealth services, as defined in subdivision (a) of Section 2290.5 of the Business and Professions Code, covered by the plan. Except as provided in Section 1371, a procedure meeting the requirements of Subchapter G of the regulations (29 C.F.R. Part 2560) under Public Law 93-406 (88 Stats. 829-1035, 29 U.S.C. Secs. 1001 et seq.) shall satisfy this requirement.(b)In determining whether the conditions of this section have been met, the director shall consider, but not be limited to, the following:(1)The financial soundness of the plans arrangements for health care services and the schedule of rates and charges used by the plan.(2)The adequacy of working capital.(3)Agreements with providers for the provision of health care services.(c)For the purposes of this section, covered health care services means health care services provided under all plan contracts.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 7117 of the Health and Safety Code is amended to read:7117. (a) Cremated remains or hydrolyzed human remains may be taken by boat from any harbor in this state, or by air, and scattered at sea. Cremated remains or hydrolyzed human remains shall be removed from their container before the remains are scattered at sea.(b) Any person who scatters at sea, either from a boat or from the air, any cremated human remains or hydrolyzed human remains shall file with the local registrar of births and deaths in the county nearest the point where the remains were scattered, a verified statement containing the name of the deceased person, the time and place of death, the place at which the cremated remains or hydrolyzed human remains were scattered, and any other information that the local registrar of births and deaths may require. The first copy of the endorsed permit shall be filed with the local registrar of births and deaths within 10 days of disposition. The third copy shall be returned to the office of issuance.(c) For purposes of this section, the phrase at sea includes the inland navigable waters of this state, exclusive of lakes and streams, provided that no such scattering may take place within 500 yards of the shoreline. This section does not allow the scattering of cremated human remains or hydrolyzed human remains from a bridge bridge, dock attached to the shore, or pier.(d) Notwithstanding any other provision of this code, the cremated remains or hydrolyzed human remains of a deceased person may be scattered at sea as provided in this section and Section 103060.(e) This section shall become operative on July 1, 2020.
SECTION 1. Section 7117 of the Health and Safety Code is amended to read:
### SECTION 1.
7117. (a) Cremated remains or hydrolyzed human remains may be taken by boat from any harbor in this state, or by air, and scattered at sea. Cremated remains or hydrolyzed human remains shall be removed from their container before the remains are scattered at sea.(b) Any person who scatters at sea, either from a boat or from the air, any cremated human remains or hydrolyzed human remains shall file with the local registrar of births and deaths in the county nearest the point where the remains were scattered, a verified statement containing the name of the deceased person, the time and place of death, the place at which the cremated remains or hydrolyzed human remains were scattered, and any other information that the local registrar of births and deaths may require. The first copy of the endorsed permit shall be filed with the local registrar of births and deaths within 10 days of disposition. The third copy shall be returned to the office of issuance.(c) For purposes of this section, the phrase at sea includes the inland navigable waters of this state, exclusive of lakes and streams, provided that no such scattering may take place within 500 yards of the shoreline. This section does not allow the scattering of cremated human remains or hydrolyzed human remains from a bridge bridge, dock attached to the shore, or pier.(d) Notwithstanding any other provision of this code, the cremated remains or hydrolyzed human remains of a deceased person may be scattered at sea as provided in this section and Section 103060.(e) This section shall become operative on July 1, 2020.
7117. (a) Cremated remains or hydrolyzed human remains may be taken by boat from any harbor in this state, or by air, and scattered at sea. Cremated remains or hydrolyzed human remains shall be removed from their container before the remains are scattered at sea.(b) Any person who scatters at sea, either from a boat or from the air, any cremated human remains or hydrolyzed human remains shall file with the local registrar of births and deaths in the county nearest the point where the remains were scattered, a verified statement containing the name of the deceased person, the time and place of death, the place at which the cremated remains or hydrolyzed human remains were scattered, and any other information that the local registrar of births and deaths may require. The first copy of the endorsed permit shall be filed with the local registrar of births and deaths within 10 days of disposition. The third copy shall be returned to the office of issuance.(c) For purposes of this section, the phrase at sea includes the inland navigable waters of this state, exclusive of lakes and streams, provided that no such scattering may take place within 500 yards of the shoreline. This section does not allow the scattering of cremated human remains or hydrolyzed human remains from a bridge bridge, dock attached to the shore, or pier.(d) Notwithstanding any other provision of this code, the cremated remains or hydrolyzed human remains of a deceased person may be scattered at sea as provided in this section and Section 103060.(e) This section shall become operative on July 1, 2020.
7117. (a) Cremated remains or hydrolyzed human remains may be taken by boat from any harbor in this state, or by air, and scattered at sea. Cremated remains or hydrolyzed human remains shall be removed from their container before the remains are scattered at sea.(b) Any person who scatters at sea, either from a boat or from the air, any cremated human remains or hydrolyzed human remains shall file with the local registrar of births and deaths in the county nearest the point where the remains were scattered, a verified statement containing the name of the deceased person, the time and place of death, the place at which the cremated remains or hydrolyzed human remains were scattered, and any other information that the local registrar of births and deaths may require. The first copy of the endorsed permit shall be filed with the local registrar of births and deaths within 10 days of disposition. The third copy shall be returned to the office of issuance.(c) For purposes of this section, the phrase at sea includes the inland navigable waters of this state, exclusive of lakes and streams, provided that no such scattering may take place within 500 yards of the shoreline. This section does not allow the scattering of cremated human remains or hydrolyzed human remains from a bridge bridge, dock attached to the shore, or pier.(d) Notwithstanding any other provision of this code, the cremated remains or hydrolyzed human remains of a deceased person may be scattered at sea as provided in this section and Section 103060.(e) This section shall become operative on July 1, 2020.
7117. (a) Cremated remains or hydrolyzed human remains may be taken by boat from any harbor in this state, or by air, and scattered at sea. Cremated remains or hydrolyzed human remains shall be removed from their container before the remains are scattered at sea.
(b) Any person who scatters at sea, either from a boat or from the air, any cremated human remains or hydrolyzed human remains shall file with the local registrar of births and deaths in the county nearest the point where the remains were scattered, a verified statement containing the name of the deceased person, the time and place of death, the place at which the cremated remains or hydrolyzed human remains were scattered, and any other information that the local registrar of births and deaths may require. The first copy of the endorsed permit shall be filed with the local registrar of births and deaths within 10 days of disposition. The third copy shall be returned to the office of issuance.
(c) For purposes of this section, the phrase at sea includes the inland navigable waters of this state, exclusive of lakes and streams, provided that no such scattering may take place within 500 yards of the shoreline. This section does not allow the scattering of cremated human remains or hydrolyzed human remains from a bridge bridge, dock attached to the shore, or pier.
(d) Notwithstanding any other provision of this code, the cremated remains or hydrolyzed human remains of a deceased person may be scattered at sea as provided in this section and Section 103060.
(e) This section shall become operative on July 1, 2020.
SEC. 2. 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. 2. 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. 2. 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. 2.
(a)Every plan shall have, and shall demonstrate to the director that it has, all of the following:
(1)A fiscally sound operation and adequate provision against the risk of insolvency.
(2)Assumed full financial risk on a prospective basis for the provision of covered health care services, except that a plan may obtain insurance or make other arrangements for the cost of providing to any subscriber or enrollee covered health care services, the aggregate value of which exceeds five thousand dollars ($5,000) in any year, for the cost of covered health care services provided to its members other than through the plan because medical necessity required their provision before they could be secured through the plan, and for not more than 90 percent of the amount by which its costs for any of its fiscal years exceed 115 percent of its income for that fiscal year.
(3)A procedure for prompt payment or denial of provider and subscriber or enrollee claims, including those telehealth services, as defined in subdivision (a) of Section 2290.5 of the Business and Professions Code, covered by the plan. Except as provided in Section 1371, a procedure meeting the requirements of Subchapter G of the regulations (29 C.F.R. Part 2560) under Public Law 93-406 (88 Stats. 829-1035, 29 U.S.C. Secs. 1001 et seq.) shall satisfy this requirement.
(b)In determining whether the conditions of this section have been met, the director shall consider, but not be limited to, the following:
(1)The financial soundness of the plans arrangements for health care services and the schedule of rates and charges used by the plan.
(2)The adequacy of working capital.
(3)Agreements with providers for the provision of health care services.
(c)For the purposes of this section, covered health care services means health care services provided under all plan contracts.