Obligations of Employer
Cal. LAB § 2803.4
California Statutes
(
a) Any employer providing health benefits under the Employee Retirement Income Security Act of 1974 (29 U.S.C.
Sec. 1001, et seq.) shall not provide an exception for other coverage where the other coverage is entitlement to Medi-Cal benefits under
Chapter 7 (commencing with
Section 14000) or
Chapter 8 (commencing with
Section 14200) of Part of Division of the Welfare and Institutions Code, or medicaid benefits under Subchapter 19 (commencing with
Section 1396) of
Chapter of Title of the United States Code. Any employer providing health benefits under the Employee Retirement Income Security Act of shall not provide an exception for the Medi-Cal or medicaid benefits. (
b) Any employer providing health benefits under the Employee Retirement Income Security Act of shall not provide that the benefits payable are subject to reduction if the individual insured has entitlement to Medi-Cal or medicaid benefits. (
c) Any employer providing health benefits under the Employee Retirement Income Security Act of shall not provide an exception for enrollment for benefits because of an applicant’s entitlement to Medi-Cal benefits under
Chapter 7 (commencing with
Section 14000) or
Chapter 8 (commencing with
Section 14200) of Part of Division of the Welfare and Institutions Code, or medicaid benefits under Subchapter 19 (commencing with
Section 1396) of
Chapter of Title of the United States Code. (
d) The State Department of Health Services shall consider health benefits available under the Employee Retirement Income Security Act of in determining legal liability of any third party for medical expenses incurred by a Medi-Cal or medicaid recipient under