On July 1, 2012 three different bills will go into effect that will enhance and expand maternity services covered by health insurance plans and protect women when taking FMLA for pregnancy isssues.
AB 210 authored by Assembly Member Roger Hernandez (D-Baldwin Park) would require that every group health insurance policy must provide coverage for maternity services.
10123.866. (a) Commencing no later than July 1, 2012, every group
health insurance policy shall provide coverage for maternity
services for all insureds covered under the policy.
(b) For purposes of this section, “maternity services” include
prenatal care, ambulatory care maternity services, involuntary
complications of pregnancy, neonatal care, and inpatient hospital
maternity care, including labor and delivery and postpartum care.
> While most group plans already covered most of these services, these services will now be covered under all plans offered in California.
SB 222 authored by Senator Noreen Evans (D-Santa Rosa), Chair of the Legislative Women’s Caucus, would require that every individual health insurance policy must provide coverage for maternity services.
10123.865. (a) Commencing no later than July 1, 2012, every
individual health insurance policy shall provide coverage for
maternity services for all insureds covered under the policy.
(b) For purposes of this section, “maternity services” include
prenatal care, ambulatory care maternity services, involuntary
complications of pregnancy, neonatal care, and inpatient hospital
maternity care, including labor and delivery and postpartum care.
> Most individual health insurance plans offered no maternity benefits at all. Inclusion of the maternity benefits will increase the options for women who may be planning a pregnancy in the future.
SB 299 authored by Senator Noreen Evans (D-Santa Rosa) would prohibit employers from refusing to maintain and pay for employer-provided health care coverage for women who take maternity leave.
12945. In addition to the provisions that govern pregnancy,
childbirth, or a related medical condition in Sections 12926 and
12940, it shall be an unlawful employment practice, unless based upon
a bona fide occupational qualification:
(a) (1) For an employer to refuse to allow a female employee
disabled by pregnancy, childbirth, or a related medical condition to
take a leave for a reasonable period of time not to exceed four
months and thereafter return to work, as set forth in the commission’
s regulations. The employee shall be entitled to utilize any accrued
vacation leave during this period of time. Reasonable period of time
means that period during which the female employee is disabled on
account of pregnancy, childbirth, or a related medical condition.
An employer may require an employee who plans to take a leave
pursuant to this subdivision to give the employer reasonable notice
of the date the leave shall commence and the estimated duration of
the leave.
(2) (A) For an employer to refuse to maintain and pay for coverage
for an eligible female employee who takes leave pursuant to
paragraph (1) under a group health plan, as defined in Section 5000
(b)(1) of the Internal Revenue Code of 1986, for the duration of the
leave, not to exceed four months over the course of a 12-month
period, commencing on the date the leave taken under paragraph (1)
begins, at the level and under the conditions that coverage would
have been provided if the employee had continued in employment
continuously for the duration of the leave. Nothing in this paragraph
shall preclude an employer from maintaining and paying for coverage
under a group health plan beyond four months.
> The big bonus for women under this new law is that the employer must continue the employee’s group health insurance through employer contributions. This will eliminate one of the worries women have when they do take a leave due to pregnancy, especially if it is from complications, which is losing their health insurance.
Various health insurance carriers have already started announcing changes to their plans to comply with the new laws.