SB 1245: Covered California.

Existing federal law, the federal Patient Protection and Affordable Care Act (PPACA), enacts various health care coverage market reforms that took effect January 1, 2014. Among other things, PPACA required each state to establish an American Health Benefit Exchange to facilitate the purchase of qualified health plans by qualified individuals and qualified small employers. Existing state law establishes the California Health Benefit Exchange, also known as Covered California, within state government. Existing law specifies the powers and duties of the board to implement Covered California. Existing law generally authorizes the board to adopt any necessary rules and regulations as emergency regulations until January 1, 2017, and to adopt regulations to implement the eligibility, enrollment, and appeals processes for the individual and small business exchanges, changes to the small business exchange, and other specified provisions as emergency regulations, until January 1, 2019. Existing law authorizes the Office of Administrative Law, until January 1, 2020, to approve more than 2 readoptions of the emergency regulations adopted by the board.

This bill instead would authorize the board to adopt necessary rules and regulations by emergency regulations until January 1, 2022, with the exception of regulations implementing specified existing provisions relating to criminal background history checks for persons with access to confidential, personal, or financial information. The bill would extend the authority of the Office of Administrative Law to approve more than 2 readoptions of emergency regulations until January 1, 2027. The bill would require the board to discuss a proposed rule or regulation at a properly noticed meeting prior to the adoption of the rule or regulation, as specified. The time extensions provided for in the bill also would apply to any regulation adopted prior to January 1, 2019, as specified.

Existing law authorizes the board to standardize products offered through the California Health Benefit Exchange. Existing law requires any products standardized by the board to be discussed by the board during at least one properly noticed board meeting prior to the board meeting at which the board adopts the standardized products to be offered through the Exchange.

This bill would require the board to discuss a proposed rule or regulation standardizing those products at a properly noticed meeting prior to the adoption of the rule or regulation, as specified.