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SB 573 2005-2006 ection 10369.12 of the Insurance Code is amended to read:

10369.12. (a) A disability policy may contain a provision in the form set forth herein.

Intoxicants and controlled substances: The insurer shall not be liable for any loss sustained or contracted in consequence of the insured’s being intoxicated or under the influence of any controlled substance unless administered on the advice of a physician.

(b) Subdivision (a) shall not apply to a policy of health insurance.

Insurance Code 106 (b) In statutes that become effective on or after January 1, 2002, the term "health insurance" for purposes of this code shall mean an individual or group disability insurance policy that provides coverage for hospital, medical, or surgical benefits.

Click here to Get current status & analysis and original text of bill

CURRENT Code

§ 10369.12 Intoxicants; controlled substances

A disability (Under the prior code BOTH DI & Health Insurers could exclude, now only DI NOT Health Insurers) policy may contain a provision in the form set forth herein.

Intoxicants and controlled substances: The insurer shall not be liable for any loss sustained or contracted in consequence of the insured's being intoxicated or under the influence of any controlled substance unless administered on the advice of a physician.

CHBRP found no evidence that insurers deny claims under the UPPL exclusion in California or in other states. Seven of the 16 in-state health insurers with the highest number of covered lives were asked whether they include the UPPL exclusion in their policies or whether they deny claims based on it, and all seven responded that they do not. CHBRP found no evidence that consumers are complaining about the exclusion, nor that medical professionals in California are less likely to perform screening and counseling because of the UPPL exclusion. For these reasons, CHBRP believes that SB 573 will have little or no effect on the health of the people of California. View CHBRP's 20 page analysis of this bill Source

Proposition 36 - Treatment for Drug Offenders

drug research page

America's Health Insurance Plans (AHIP) opposes legislation imposing coverage mandates on health insurance plans

A primary voice advancing the interests and well-being of the life and health insurance industry within California
Association of California Life and Health Insurance Companies (ACLHIC)

California Chapter - American College for Emergency Physicians

What role should Emergency Physicians play in addressing the problem of alcohol abuse by operators of motor vehicles? See 4 page report from the AMERICAN COLLEGE OF EMERGENCY PHYSICIANS

Barriers in the United States to implementing alcohol screening in hospital emergency departments:National Highway Traffic Safety Administration View their report - about 2 pages
Arcane Laws Hinder ER Interventions for Alcohol, Other Drugs
9/13/2002about 1 page

Alcohol Screening and Brief Intervention in the ED

This resource kit was developed by an American College of Emergency Physicians (ACEP) task force as a result of a grant from the National Highway Traffic Safety Administration (NHTSA). The kit provides facts and benefits of screening and providing brief intervention for patients presenting to the emergency department with alcohol problems. Screening tools and a template for locating community resources is also included.

Alcohol Screening and Brief Intervention in the Emergency Department

Quick Reference Card

Resource Worksheet for Template - "Alcohol: How Much Is Too Much" Brochure

Brochure Template: Alcohol: How Much Is Too Much?

Online Resources Availablefor Emergency Department Alcohol Education Project

Family & Criminal Law Law Offices of Jose Medina, Esq

Attorney Referrals

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