20250SB__034498AMD INTRODUCED 2025-02-12 AMENDED_SENATE 2025-03-20 2025 SB AMD Introduced by Senator Weber Pierson LEAD_AUTHOR SENATE Weber Pierson

An act to amend

Section of the Health and Safety Code, relating to human remains. human remains Disposition of human remains: scattering at sea. Existing law provides for the disposition of human remains and makes specified acts relating to human remains, including improperly disposing of human remains, a crime. Existing law authorizes cremated remains or hydrolyzed human remains to be taken by boat from any harbor in this state, or by air, and scattered at sea.

Existing law defines the phrase “at sea” to include the inland navigable waters of this state, exclusive of lakes and streams, provided that no such scattering may take place within yards of the shoreline. Existing law specifies that these provisions do not allow the scattering of cremated human remains or hydrolyzed human remains from a bridge or pier. This bill would additionally specify that these provisions do not allow the scattering of cremated human remains or hydrolyzed human remains from a dock attached to the shore.

By expanding the definition of a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care, and makes a willful violation of the act a crime.

Existing law requires a health care service plan to demonstrate that it has a fiscally sound operation and adequate provision against the risk of insolvency, that it assumes full financial risk on a prospective basis for the provision of covered health care services, and that it has a procedure for the prompt payment or denial of provider and subscriber or enrollee claims.</xhtml:p><xhtml:p>This bill would make technical, nonsubstantive changes to these provisions.</xhtml:p>"?> MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION 1.

Section of the Health and Safety Code is amended to read: 7117. (

a) Cremated remains or hydrolyzed human remains may be taken by boat from any harbor in this state, or by air, and scattered at sea. Cremated remains or hydrolyzed human remains shall be removed from their container before the remains are scattered at sea. (

b) Any person who scatters at sea, either from a boat or from the air, any cremated human remains or hydrolyzed human remains shall file with the local registrar of births and deaths in the county nearest the point where the remains were scattered, a verified statement containing the name of the deceased person, the time and place of death, the place at which the cremated remains or hydrolyzed human remains were scattered, and any other information that the local registrar of births and deaths may require. The first copy of the endorsed permit shall be filed with the local registrar of births and deaths within days of disposition. The third copy shall be returned to the office of issuance. (

c) For purposes of this section, the phrase “at sea” includes the inland navigable waters of this state, exclusive of lakes and streams, provided that no such scattering may take place within yards of the shoreline. This

section does not allow the scattering of cremated human remains or hydrolyzed human remains from a bridge, dock attached to the shore, or pier. (

d) Notwithstanding any other provision of this code, the cremated remains or hydrolyzed human remains of a deceased person may be scattered at sea as provided in this

section and

Section 103060. (

e) This

section shall become operative on July 1, 2020.

SEC. 2. No reimbursement is required by this act pursuant to

Section of

Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of

Section of the Government Code, or changes the definition of a crime within the meaning of

Section of

Article XIII B of the California Constitution. <caml:Num>SECTION 1.</caml:Num><caml:ActionLine action="IS_AMENDED" xlink:href="urn:caml:codes:HSC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1375.1.'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section 1375.1 of the <caml:DocName>Health and Safety Code</caml:DocName> is amended to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_AE747415-7AE8-4EB5-B50D-5B94C1109FBB"><caml:Num>1375.1.</caml:Num><caml:LawSectionVersion id="id_1ECE7AC3-5062-4C93-8325-1CDD363A5A6F"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>Every plan shall have, and shall demonstrate to the director that it has, all of the following:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>A fiscally sound operation and adequate provision against the risk of insolvency.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>Assumed full financial risk on a prospective basis for the provision of covered health care services, except that a plan may obtain insurance or make other arrangements for the cost of providing to any subscriber or enrollee covered health care services, the aggregate value of which exceeds five thousand dollars ($5,000) in any year, for the cost of covered health care services provided to its members other than through the plan because medical necessity required their provision before they could be secured through the plan, and for not more than percent of the amount by which its costs for any of its fiscal years exceed percent of its income for that fiscal year.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>A procedure for prompt payment or denial of provider and subscriber or enrollee claims, including those telehealth services, as defined in subdivision (

a) of

Section 2290.5 of the Business and Professions Code, covered by the plan. Except as provided in

Section 1371, a procedure meeting the requirements of Subchapter G of the regulations (29 C.F.R.

Part 2560) under Public Law 93-406 (88 Stats. 829-1035, 29 U.S.C. Secs. 1001 et seq.) shall satisfy this requirement.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>In determining whether the conditions of this

section have been met, the director shall consider, but not be limited to, the following:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>The financial soundness of the plan’s arrangements for health care services and the

schedule of rates and charges used by the plan.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>The adequacy of working capital.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>Agreements with providers for the provision of health care services.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>For the purposes of this section, “covered health care services” means health care services provided under all plan contracts.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection>"?>