Hector De La Torre
- Democratic
Author
Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law prohibits a health insurer from engaging in the practice of postclaims underwriting, which is defined to mean the rescinding, canceling, or limiting of a health insurance policy or certificate due to the insurer's failure to complete medical underwriting and resolve all reasonable questions arising from written information submitted on or with an insurance application. Existing law provides that any person willfully violating various provisions governing disability insurance policies, including health insurance policies, or orders of the commissioner in that regard, shall forfeit to the state a sum not to exceed $118 for each violation. Existing law requires these sums to be paid to the Insurance Commissioner and transmitted to the State Treasury for deposit in the General Fund. This bill would provide that a health insurer that unlawfully engages in the postclaims underwriting of a health insurance policy shall be liable to the state for a civil penalty to be fixed by the commissioner in an amount not to exceed $5,000, except that if the insurer knew, or had reason to know, that the act of postclaims underwriting was unlawful, the civil penalty shall be fixed by the commissioner in an amount not to exceed $10,000 for each act or violation. The bill would require the first $118 of these penalties to be deposited in the General Fund and the balance to be deposited in the Major Risk Medical Insurance Fund, to be used, upon appropriation by the Legislature, for the Major Risk Medical Insurance Program. The bill would make other related changes.
Consideration of Governor's veto stricken from file.
Consideration of Governor's veto pending.
Vetoed by Governor.
Enrolled and to the Governor at 1 p.m.
Assembly Rule 77 suspended. (Ayes 50. Noes 26. Page 3191.)
Senate amendments concurred in. To enrollment. (Ayes 51. Noes 25. Page 3197.)
In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 10 pursuant to Assembly Rule 77.
Read third time, passed, and to Assembly. (Ayes 22. Noes 16. Page 2157.)
Read second time. To third reading.
From committee: Do pass. (Ayes 8. Noes 5.) (August 24).
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
In committee: Hearing postponed by committee.
From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 3. Noes 2.) (July 14).
Read second time, amended, and re-referred to Com. on APPR.
From committee: Do pass, and re-refer to Com. on JUD. Re-referred. (Ayes 8. Noes 3.) (July 8).
In committee: Hearing postponed by committee.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time, passed, and to Senate. (Ayes 53. Noes 23. Page 1719.)
Action rescinded and record expunged whereby a final roll call vote was taken.
Read second time. To third reading.
From committee: Do pass. (Ayes 11. Noes 0.) (May 13).
Read second time and amended.
From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (April 21).
From committee: Do pass, and re-refer to Com. on JUD. Re-referred. (Ayes 12. Noes 3.) (April 14).
From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.
From printer. May be heard in committee March 29.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB730 | HTML |
| 02/26/09 - Introduced | |
| 03/26/09 - Amended Assembly | |
| 04/29/09 - Amended Assembly | |
| 07/23/09 - Amended Senate | |
| 08/18/09 - Amended Senate | |
| 09/11/09 - Enrolled |
| Document | Format |
|---|---|
| No related documents. |
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