California Health and Safety Code 1367.041 – (a) A health care service plan that advertises or markets …
(a) A health care service plan that advertises or markets products in the individual or small group health care service plan markets, or allows any other person or business to market or advertise on its behalf in the individual or small group health care service plan markets, in a non-English language that does not meet the requirements set forth in Sections 1367.04 and 1367.07, shall provide the following documents in the same non-English language:
(1) Welcome letters or notices of initial coverage, if provided.
Terms Used In California Health and Safety Code 1367.041
- Enrollee: means a person who is enrolled in a plan and who is a recipient of services from the plan. See California Health and Safety Code 1345
- Person: means any person, individual, firm, association, organization, partnership, business trust, foundation, labor organization, corporation, limited liability company, public agency, or political subdivision of the state. See California Health and Safety Code 1345
- plan: refers to health care service plans and specialized health care service plans. See California Health and Safety Code 1345
- specialized health care service plan: means either of the following:
California Health and Safety Code 1345
(2) Applications for enrollment and any information pertinent to eligibility or participation.
(3) Notices advising limited-English-proficient persons of the availability of no-cost translation and interpretation services.
(4) Notices pertaining to the right and instructions on how an enrollee may file a grievance.
(5) The uniform summary of benefits and coverage required pursuant to subparagraph (A) of paragraph (3) of subdivision (c) of Section 1363.
(b) A health care service plan shall use a trained and qualified translator for all written translations of marketing and advertising materials relating to health care service plan products, and for all of the documents specified in subdivision (a).
(c) This section shall not apply to a specialized health care service plan that does not offer an essential health benefit as defined in Section 1367.005.
(Amended by Stats. 2023, Ch. 42, Sec. 15. (AB 118) Effective July 10, 2023.)