CALIFORNIA HEALTH BENEFIT EXCHANGE
Cal. GOV § 100520.5
California Statutes
(
a) The Health Care Affordability Reserve Fund is hereby created in the State Treasury. (
b) Notwithstanding any other law, the Controller may use the funds in the Health Care Affordability Reserve Fund for cashflow loans to the General Fund as provided in Sections and 16381. (
c) Upon the enactment of the Budget Act of 2021, and upon order of the Director of Finance, the Controller shall transfer three hundred thirty-three million four hundred thirty-nine thousand dollars ($333,439,000) from the General Fund to the Health Care Affordability Reserve Fund. (
d) Upon appropriation by the Legislature, the Health Care Affordability Reserve Fund shall be utilized, in addition to any other appropriations made by the Legislature for the same purpose, for the purpose of health care affordability programs, benefit programs pursuant to
Section 100503.6, and payments authorized pursuant to
Section 100503.5, operated by the California Health Benefit Exchange. (e)
(1) The California Health Benefit Exchange shall, in consultation with stakeholders and the Legislature, develop options for providing cost sharing reduction subsidies to reduce cost sharing for low- and middle-income Californians. On or before January 1, 2022, the Exchange shall report those developed options to the Legislature, Governor, and the Healthy California for All Commission, established pursuant to
Section of the Health and Safety Code, for consideration in the 2022–23 budget process.
(2) In developing the options, the Exchange shall do all of the following: (
A) Include options for all Covered California enrollees with income up to percent of the federal poverty level to reduce cost sharing, including copays, deductibles, coinsurance, and maximum out-of-pocket costs. (
B) Include options to provide zero deductibles for all Covered California enrollees with income under percent of the federal poverty level and upgrading those with income between percent and percent, inclusive, of the federal poverty level to gold-tier cost sharing. (
C) Address any operational issues that might impede implementation of enhanced cost-sharing reductions for the calendar year. (
D) Maximize federal funding and address interactions with federal law regarding federal cost-sharing reduction subsidies.
(3) The Exchange shall make the report publicly available on its internet website.
(4) The Exchange shall submit the report in compliance with
Section of the Government Code. (
f) Upon order of the Department of Finance, a loan of six hundred million dollars ($600,000,000) is authorized from the Health Care Affordability Reserve Fund to the General Fund in the 2023–24 fiscal year. The loan shall be repaid in annual installments of two hundred million dollars ($200,000,000) over the 2026–27, 2027–28, and 2028–29 fiscal years.