Cal. Code Regs. Tit. 10, § 6504 - Special Enrollment Periods
(a) A qualified individual may enroll in a
QHP, or an enrollee may change from one QHP to another, during special
enrollment periods only if one of the following triggering events occurs:
(1) A qualified individual or their dependent
either:
(A) Loses MEC, as specified in
subdivision (b) of this section. The date of the loss of MEC shall be:
1. Except as provided in subdivision
(a)(1)(A)2 of this section, the last day the qualified individual or their
dependent would have coverage under their previous plan or coverage;
2. If loss of MEC occurs due to a QHP
decertification, the date of the notice of decertification as described in
45 CFR Section
155.1080(e)(2) (May 29,
2012), hereby incorporated by reference;
(B) Is enrolled in any non-calendar year
group health plan or individual health insurance coverage, including both
grandfathered and non-grandfathered health plans that expired or will expire,
even if the qualified individual or their dependent has the option to renew
such coverage. The date of the loss of coverage shall be the last day of the
plan or policy year;
(C) Loses
Medi-Cal coverage for pregnancy-related services, as described under Section
1902(a)(10)(A)(i)(IV) and
(a)(10)(A)(ii)(IX) of the Social Security Act
(42 USC
1396a(a)(10)(A)(i)(IV),
(a)(10)(A)(ii)(IX)) and Section
14005.18
of the Welfare and Institutions Code or loses access to healthcare services
through coverage provided to a pregnant woman's unborn child, based on the
definition of a child in 42
CFR Section 457.10, (November 30, 2016),
hereby incorporated by reference. The date of the loss of coverage shall be the
last day the consumer would have pregnancy-related coverage or access to
healthcare services through unborn child coverage; or
(D) Loses Medi-Cal coverage for medically
needy, as described under Section
1902(a)(10)(C) of
the Social Security Act and Section
14005.21
of the Welfare and Institutions Code, only once per calendar year. The date of
the loss of coverage shall be the last day the consumer would have medically
needy coverage.
(2) A
qualified individual gains a dependent or becomes a dependent through marriage
or entry into domestic partnership, birth, adoption, placement for adoption, or
placement in foster care, or through a child support order or other court
order.
(3) An enrollee loses a
dependent or is no longer considered a dependent through divorce, legal
separation, or dissolution of domestic partnership as defined by State law in
the State in which the divorce, legal separation, or dissolution of domestic
partnership occurs, or if the enrollee, or their dependent, dies.
(4) A qualified individual, or their
dependent, becomes newly eligible for enrollment in a QHP through the Exchange
because they newly meet the requirements specified in Section
6472(c) or
(d).
(5) A qualified individual's, or their
dependent's, enrollment or non-enrollment in a QHP is unintentional,
inadvertent, or erroneous and is the result of the error, misrepresentation,
misconduct, or inaction of an officer, employee, or agent of the Exchange or
HHS, its instrumentalities, a QHP issuer, or a non-Exchange entity providing
enrollment assistance or conducting enrollment activities. For purposes of this
provision, misconduct, as determined by the Exchange, includes the failure to
comply with applicable standards under this title, or other applicable Federal
or State laws.
(6) An enrollee, or
their dependent, adequately demonstrates to the Exchange, as determined by the
Exchange on a case-by-case basis, that the QHP in which they are enrolled
substantially violated a material provision of its contract in relation to the
enrollee.
(7) An enrollee, or their
dependent enrolled in the same QHP, is determined newly eligible or ineligible
for APTC or has a change in eligibility for CSR.
(8) A qualified individual, or their
dependent, who is enrolled in an eligible employer-sponsored plan is determined
newly eligible for APTC because such individual is ineligible for qualifying
coverage in an eligible employer-sponsored plan in accordance with
26 CFR Section
1.36B-2(c)(3), including as
a result of their employer discontinuing or changing available coverage within
the next 60 days, provided that such individual is allowed to terminate
existing coverage.
(9) A qualified
individual or enrollee, or their dependent, gains access to new QHPs as a
result of a permanent move.
(10) A
qualified individual who:
(A) Gains or
maintains status as an Indian, as defined in Section
6410 of Article 2 of this chapter,
may enroll in a QHP or change from one QHP to another one time per month;
or
(B) Is or becomes a dependent of
an Indian, as defined in Section
6410 of Article 2 of this chapter,
and is enrolled or is enrolling in a QHP through the Exchange on the same
application as the Indian, may change from one QHP to another one time per
month, at the same time as the Indian.
(11) A qualified individual or enrollee, or
their dependent, demonstrates to the Exchange, in accordance with guidelines
issued by HHS and as determined by the Exchange on a case-by-case basis, that
the individual meets other exceptional circumstances. Such circumstances
include, but are not limited to, the following:
(A) If an individual receives a certificate
of exemption for hardship based on the eligibility standards described in
45 CFR Section
155.605(d)(1) (April 17,
2018), hereby incorporated by reference, or the eligibility standards described
in Section
6914 of Article 13 of this chapter
for a month or months during the coverage year, and based on the circumstances
of the hardship attested to, they are no longer eligible for a hardship
exemption within a coverage year but outside of an open enrollment period
described in Section
6502, the individual and their
dependents shall be eligible for a special enrollment period if otherwise
eligible for enrollment in a QHP.
(B) If an individual with a certificate of
exemption reports a change regarding the eligibility standards for an
exemption, as required under 45 CFR Section
155.620(b) (July 1, 2013),
hereby incorporated by reference, or under Section
6920 of Article 13 of this chapter
and the change resulting from a redetermination is implemented, the certificate
provided for the month in which the redetermination occurs, and for prior
months, remains effective. If the individual is no longer eligible for an
exemption, the individual and their dependents shall be eligible for a special
enrollment period if otherwise eligible for enrollment in a QHP.
(C) If an enrollee provides satisfactory
documentary evidence to verify their eligibility for an IAP or enrollment in a
QHP through the Exchange within 30 days following their termination of Exchange
enrollment due to a failure to verify such status within the 95-day period
specified in Section
6492(a)(2)(B),
the enrollee shall be eligible for a special enrollment period if otherwise
eligible for enrollment in a QHP.
(D) If a qualified individual or enrollee, or
their dependent, experiences a fire, flood, or other natural or human-caused
disaster that results in the declaration of state of emergency in California,
the individual shall be eligible for a special enrollment period if otherwise
eligible for enrollment in a QHP. The date of the event shall be the date of
the declaration of state of emergency.
(E) In case of a national public health
emergency or a pandemic that results in a declaration of a state of emergency
at the state or national level, a qualified individual or enrollee, or their
dependent, shall be eligible for a special enrollment period if otherwise
eligible for enrollment in a QHP. This triggering event shall be ongoing
throughout the state of emergency.
(12) A qualified individual or enrollee is a
victim of domestic abuse or spousal abandonment, as specified in
26 CFR Section
1.36B-2 (b)(2)(ii) through
(v), or a dependent or unmarried victim
within a household, is enrolled in MEC, and seeks to enroll in coverage
separate from the perpetrator of the abuse or abandonment. A dependent of a
victim of domestic abuse or spousal abandonment who is on the same application
as the victim may enroll in coverage at the same time as the victim.
(13) A qualified individual, or their
dependent:
(A) Applies for coverage on the
Exchange during the annual open enrollment period or due to a qualifying event,
is assessed by the Exchange as potentially eligible for Medi-Cal or CHIP, and
is determined ineligible for Medi-Cal or CHIP by the State Medi-Cal or CHIP
agency either after open enrollment period has ended or more than 60 days after
the qualifying event; or
(B)
Applies for coverage at the State Medi-Cal or CHIP agency during the annual
open enrollment period and is determined ineligible for Medi-Cal or CHIP after
open enrollment period has ended.
(14) The qualified individual's or
enrollee's, or their dependent's, enrollment through the Exchange was
influenced by a material error related to plan benefits, service area,
cost-sharing, or premium. A material error is one that is likely to have
influenced a qualified individual's, enrollee's, or their dependent's
enrollment in a QHP, as determined by the Exchange on a case-by-case
basis.
(15) The qualified
individual, enrollee, or dependent newly gains access to an individual coverage
HRA, as defined in 45 CFR
Section 146.123(b) (August
19, 2019), hereby incorporated by reference, or is newly provided a qualified
small employer health reimbursement arrangement (QSEHRA), as defined in Section
9831(d)(2) of the
Internal Revenue Code. The date of this triggering event shall be the first day
on which coverage for the qualified individual, enrollee, or dependent under
the individual coverage HRA can take effect, or the first day on which coverage
under the QSEHRA takes effect. An individual, enrollee, or dependent shall
qualify for this special enrollment period regardless of whether they were
previously offered or enrolled in an individual coverage HRA or previously
provided a QSEHRA, so long as the individual, enrollee, or dependent is not
enrolled in the individual coverage HRA or covered by the QSEHRA on the day
immediately prior to the triggering event.
(16) The qualified individual or their
dependent is enrolled in COBRA continuation coverage for which an employee is
paying all or part of the premiums, or for which a government entity is
providing subsidies, and the employer completely ceases its contributions to
the qualified individual's or dependent's COBRA continuation coverage or
government subsidies completely cease. The date of this event shall be the last
day of the period for which COBRA continuation coverage is paid for or
subsidized, in whole or in part, by an employer or government entity.
(17) The qualified individual, enrollee, or
dependent, who is eligible for APTC, whose expected household income is at or
below 150 percent of the FPL, and whose applicable percentage for purposes of
calculating the APTC amount, as defined in section
36 B(b)(3)(A) of the IRC
(26 USC §
36B(b)(3)(A)), is set at
zero, may enroll in a QHP or change from one QHP to another one time per
month.
(18) Any other triggering
events listed in the Health and Safety Code Section
1399.849(d)(1)
and the Insurance Code Section
10965.3(d)(1).
(b) Loss of MEC, as specified in
subdivision (a)(1)(A) of this section, includes:
(1) Loss of eligibility for coverage,
including but not limited to:
(A) Loss of
eligibility for coverage as a result of:
1.
Legal separation,
2. Divorce or
dissolution of domestic partnership,
3. Cessation of dependent status (such as
attaining the maximum age to be eligible as a dependent child under the
plan),
4. Death of an
employee,
5. Termination of
employment,
6. Reduction in the
number of hours of employment, or
7. Any loss of eligibility for coverage after
a period that is measured by reference to any of the foregoing;
(B) Loss of eligibility for
coverage through Medicare, Medi-Cal, or other government-sponsored health care
programs, other than programs specified as not MEC under
26 CFR Section
1.5000A-2(b)(2) (November
26, 2014), hereby incorporated by reference;
(C) In the case of coverage offered through
an HMO or similar program in the individual market that does not provide
benefits to individuals who no longer reside, live, or work in a service area,
loss of coverage because an individual no longer resides, lives, or works in
the service area (whether or not within the choice of the
individual);
(D) In the case of
coverage offered through an HMO or similar program in the group market that
does not provide benefits to individuals who no longer reside, live, or work in
a service area, loss of coverage because an individual no longer resides,
lives, or works in the service area (whether or not within the choice of the
individual), and no other benefit package is available to the individual;
and
(E) A situation in which a plan
no longer offers any benefits to the class of similarly situated individuals
that includes the individual.
(2) Termination of employer contributions
toward the employee's or dependent's coverage that is not COBRA continuation
coverage, including contributions by any current or former employer that was
contributing to coverage for the employee or dependent; and
(3) Exhaustion of COBRA continuation
coverage, meaning that such coverage ceases for any reason other than either
failure of the individual to pay premiums on a timely basis, or for cause, such
as making a fraudulent claim or an intentional misrepresentation of a material
fact in connection with the plan. An individual is considered to have exhausted
COBRA continuation coverage if such coverage ceases:
(A) Due to the failure of the employer or
other responsible entity to remit premiums on a timely basis;
(B) When the individual no longer resides,
lives, or works in the service area of an HMO or similar program (whether or
not within the choice of the individual) and there is no other COBRA
continuation coverage available to the individual; or
(C) When the individual incurs a claim that
would meet or exceed a lifetime limit on all benefits and there is no other
COBRA continuation coverage available to the individual.
(c) Loss of coverage, as specified
in subdivision (a)(1) of this section, does not include voluntary termination
of coverage or loss due to:
(1) Failure to pay
premiums on a timely basis, including COBRA premiums prior to exhaustion of
COBRA coverage, except for circumstances in which an employer completely ceases
its contributions to COBRA continuation coverage or government subsidies of
COBRA continuation coverage completely cease as described in subdivision
(a)(16) of this section; or
(2)
Termination of coverage for cause, such as making a fraudulent claim or an
intentional misrepresentation of a material fact in connection with a
plan.
(d) A qualified
individual or an enrollee shall attest under penalty of perjury that they meet
at least one of the triggering events specified in subdivision (a) of this
section. The Exchange shall inform the qualified individual or the enrollee
that pursuant to 45 CFR
Section 155.285, (September 6, 2016), hereby
incorporated by reference, HHS may impose civil money penalties of:
(1) Up to $25,000 on the qualified individual
or the enrollee who fails to provide the correct information requested by the
Exchange, subject to the exception specified in subdivision (e)(4) of this
section, due to their negligence or disregard of the federal or State rules or
regulations related to the Exchange with negligence and disregard defined as
they are in section
6662
of IRC (26 USC §
6662), as follows:
(A) "Negligence" includes any failure to make
a reasonable attempt to provide accurate, complete, and comprehensive
information; and
(B) "Disregard"
includes any careless, reckless, or intentional disregard for any federal or
State rules or regulations related to the Exchange; and
(2) Up to $250,000 on the qualified
individual or the enrollee who:
(A) Knowingly
and willfully provides false or fraudulent information requested by the
Exchange, where knowingly and willfully means intentionally providing
information that the person knows to be false or fraudulent; or
(e) The Exchange shall
accept the qualified individual's or the enrollee's attestation provided in
accordance with subdivision (d) of this section, subject to the following
statistically valid random sampling verification process:
(1) The Exchange may select a statistically
valid random sample of the qualified individuals or the enrollees who, in
accordance with subdivision (d) of this section, have attested that they met at
least one of the triggering events specified in subdivision (a) of this section
and request, in writing, that they provide documentation as proof of the
triggering event to which they attested or for which they qualify.
(2) The qualified individual or the enrollee
shall provide the requested document(s) within 30 days from the date of the
Exchange's written request, as specified in subdivision (e)(1) of this section,
to the Exchange for verification. The Exchange may extend this period if the
Exchange determines on a case-by-case basis that the qualified individual or
the enrollee has demonstrated that they have made a good-faith effort but was
unable to obtain the requested documentation during the 30-day time
period.
(3) Except as specified in
subdivision (e)(4) of this section, if the qualified individual or the enrollee
fails to submit the requested document(s) by the end of the time period
specified in subdivision (e)(2) of this section or the Exchange is unable to
verify the provided document(s), the Exchange shall:
(A) Determine the qualified individual or the
enrollee ineligible for any special enrollment period;
(B) Notify the qualified individual or the
enrollee regarding the determination and their appeals rights, in accordance
with the requirements specified in Section
6476(h);
and
(C) Implement such eligibility
determination in accordance with the dates specified in Section
6496(j) and (k),
as applicable.
(4) The
Exchange shall provide an exception, on a case-by-case basis, to accept a
qualified individual's or an enrollee's attestation as to their triggering
event which cannot otherwise be verified and their explanation of circumstances
as to why they do not have documentation if:
(A) The qualified individual or the enrollee
does not have the requested documentation with which to prove a triggering
event through the process described in subdivision (e)(1) through (3) of this
section because such documentation does not exist or is not reasonably
available;
(B) The Exchange is
unable to otherwise verify the triggering event for the qualified individual or
the enrollee; and
(C) The qualified
individual or the enrollee provides the Exchange with a signed written
statement of their attestation under penalty of perjury as to the triggering
event and the explanation of circumstances as to why they do not have the
documentation.
(5) The
sampling described in this subdivision shall not be based on the qualified
individual's or the enrollee's claims costs, diagnosis code, or demographic
information. For purposes of this subdivision (e)(5), demographic information
does not include geographic factors.
(f) Except as provided in subdivision (f)(1),
(2), (3), (4), (5), (6), (7), and (8) of this section, a qualified individual,
enrollee, or their dependent shall have 60 days from the date of a triggering
event to select a QHP.
(1) Except as provided
in subdivision (f)(6) of this section, a qualified individual or their
dependent who loses coverage, as described in subdivision (a)(1) of this
section shall have 60 days before and after the date of the loss of coverage to
select a QHP.
(2) A qualified
individual who is enrolled in an eligible employer-sponsored plan and will lose
eligibility for qualifying coverage in an eligible employer-sponsored plan
within the next 60 days, as described in subdivision (a)(8) of this section,
shall have 60 days before and after the loss of eligibility for qualifying
coverage in an eligible employer-sponsored plan to select a QHP.
(3) A qualified individual, enrollee, or
their dependent who is described in subdivision (a)(15) of this section shall
have 60 days before the triggering event to select a QHP, unless the HRA or
QSEHRA was not required to provide the notice setting forth its terms to such
individual or enrollee at least 90 days before the beginning of the plan year,
as specified in 45 CFR
Section 146.123(c)(6),
26 CFR Section
54.9802-4(c)(6) (August 19,
2019), hereby incorporated by reference, and
29 CFR Section
2590.702-2(c)(6) (August 19,
2019), hereby incorporated by reference, or Section
9831(d)(4) of the
Internal Revenue Code, as applicable, in which case the qualified individual,
enrollee, or their dependent shall have 60 days before or after the triggering
event to select a QHP.
(4) A
qualified individual or their dependent who is described in subdivision (a)(16)
of this section shall have 60 days before and after the date of the triggering
event to select a QHP.
(5) If a
qualified individual, enrollee, or their dependent did not receive timely
notice of an event that triggers eligibility for a special enrollment period
under this section, and otherwise was reasonably unaware that a triggering
event described in subdivision (a) of this section occurred, the Exchange shall
allow the qualified individual, enrollee, or when applicable, their dependent
to select a new plan within 60 days of the date that they knew, or reasonably
should have known, of the occurrence of the triggering event.
(6) Beginning January 1, 2024, a qualified
individual or their dependent who loses Medi-Cal or CHIP coverage shall have 90
days after the date of the loss of coverage to select a QHP.
(7) Beginning January 1, 2025, the following
individuals shall have 60 days before and after the triggering event to select
a QHP:
(A) A qualified individual or their
dependent who becomes newly eligible for enrollment in a QHP through the
Exchange because they newly meet the requirements specified in Section
6472(d) as
described in subdivision (a)(4) of this section.
(B) A qualified individual or their dependent
who gains access to new QHPs as a result of a permanent move as described in
subdivision (a)(9) of this section.
(g) Except as specified in subdivision (h) of
this section, the regular coverage effective date for a special enrollment
period shall be the first day of the month following plan selection.
(h) Special coverage effective dates shall
apply to the following situations.
(1) In the
case of birth, adoption, placement for adoption, or placement in foster care,
the coverage shall be effective either:
(A) On
the date of birth, adoption, placement for adoption, or placement in foster
care; or
(B) On the first day of
the month following birth, adoption, placement for adoption, or placement in
foster care; or
(C) On the first
day of the month following plan selection, at the option of the qualified
individual or the enrollee.
(2) In the case where a qualified individual,
or their dependent, loses coverage as described in subdivisions (a)(1) and
(a)(8) of this section, or is enrolled in COBRA continuation coverage and
employer contributions to or government subsidies of this coverage completely
cease as described in subdivision (a)(16) of this section, the coverage and
APTC and CSR, if applicable, shall be effective:
(A) On the first day of the month following
the loss of coverage or the date of the triggering event if the plan selection
is made on or before the date of the loss of coverage or the triggering
event;
(B) On the first day of the
month following plan selection if the plan selection is made after the date of
the loss of coverage or the triggering event; or
(C) Beginning January 1, 2025, at the option
of the qualified individual or the enrollee, on the first day of the month in
which the loss of coverage or the triggering event occurs if the plan selection
is made on or before the last day of the month prior to the month of the loss
of coverage or the triggering event.
(3) Beginning January 1, 2025, in the case of
a qualified individual or their dependent who becomes newly eligible for
enrollment in a QHP through the Exchange because they newly meet the
requirements specified in Section
6472(d), as
described in subdivision (a)(4) of this section, or gains access to new QHPs as
a result of a permanent move, as described in subdivision (a)(9) of this
section, the coverage and APTC and CSR, if applicable, shall be effective:
(A) On the first day of the month following
the date of the triggering event if the plan selection is made on or before the
date of the event; or
(B) On the
first day of the month following plan selection if the plan selection is made
after the date of the triggering event.
(4) In the case of a qualified individual or
enrollee eligible for a special enrollment period described in subdivisions
(a)(5), (a)(6), (a)(11), (a)(13), or (a)(14) of this section, the coverage
shall be effective on an appropriate date, including a retroactive date,
determined by the Exchange on a case-by-case basis based on the circumstances
of the special enrollment period.
(5) In the case of a court order described in
subdivision (a)(2) of this section, the coverage shall be effective either:
(A) On the date the court order is effective;
or
(B) On the first day of the
month following plan selection, at the option of the qualified individual or
the enrollee.
(6) If a
qualified individual, enrollee, or dependent newly gains access to an
individual coverage HRA or is newly provided a QSEHRA, each as described in
subdivision (a)(15) of this section, and if the plan selection is made before
the day of the triggering event, the coverage shall be effective on the first
day of the month following the date of the triggering event or, if the
triggering event is on the first day of a month, on the date of the triggering
event. If the plan selection is made on or after the day of the triggering
event, the coverage shall be effective on the first day of the month following
plan selection.
(7) At the option
of a qualified individual, enrollee, or their dependent who is eligible to
select a plan during a period provided for under subdivision (f)(4) of this
section, the Exchange shall provide the earliest effective date that would have
been available under subdivisions (g) and (h) of this section, based on the
applicable triggering event under subdivisions (a) of this section.
(i) A qualified individual's
coverage shall be effectuated in accordance with the coverage effective dates
specified in subdivisions (g) and (h) of this section if:
(1) The individual makes their initial
premium payment, reduced by the APTC amount they are determined eligible for by
the Exchange, by the premium payment due date, as defined in Section
6410 of Article 2 of this chapter.
In cases of retroactive enrollment dates, the initial premium shall consist of
the premium due for all months of retroactive coverage through the first month
of coverage following the plan selection date. If only partial premium for less
than all months of retroactive coverage is paid, only prospective coverage
shall be effectuated, in accordance with the regular coverage effective date
specified in subdivision (g) of this section; and
(2) The applicable QHP issuer receives such
payment on or before such due date.
(j) Notwithstanding the standards of this
section, APTC and CSR shall adhere to the effective dates specified in
subdivisions (j) through (l) of Section
6496.
(k) For purposes of this section, references
to eligibility for APTC refer to being eligible for such advance payments in an
amount greater than zero dollars per month. References to ineligibility for
APTC refer to being ineligible for such payments or being eligible for such
payments but being eligible for a maximum of zero dollars per month of such
payments.
Notes
2. New section, with amendments, refiled 4-1-2014 as a deemed emergency pursuant to Government Code section 100504(a)(6); operative 4-1-2014 (Register 2014, No. 14). A Certificate of Compliance must be transmitted to OAL by 6-30-2014 or emergency language will be repealed by operation of law on the following day.
3. Refiling of 4-1-2014 action on 6-30-2014, including further amendments, as a deemed emergency pursuant to Government Code section 100504(a)(6); operative 6-30-2014 (Register 2014, No. 27). A Certificate of Compliance must be transmitted to OAL by 9-29-2014 or emergency language will be repealed by operation of law on the following day.
4. Refiling of 6-30-2014 action on 9-30-2014, including further amendment of subsection (d) and new subsection (j), as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 857 (Stats. 2014, c. 31); operative 9-30-2014 (Register 2014, No. 40). A Certificate of Compliance must be transmitted to OAL by 9-30-2015 pursuant to Government Code section 100504 or emergency language will be repealed by operation of law on the following day.
5. Editorial correction of HISTORY 4 (Register 2014, No. 45).
6. Editorial correction of HISTORY 4 (Register 2014, No. 50).
7. Refiling of 9-30-2014 action on 12-12-2014, including further amendments, as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 857 (Stats. 2014, c. 31); operative 12-12-2014 (Register 2014, No. 50). A Certificate of Compliance must be transmitted to OAL by 9-30-2015 pursuant to Government Code section 100504 or emergency language will be repealed by operation of law on the following day.
8. Refiling of 12-12-2014 action on 5-11-2015, including amendment of section, as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 857 (Stats. 2014, c. 31); operative 5-11-2015 (Register 2015, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-30-2015 pursuant to Government Code section 100504 or emergency language will be repealed by operation of law on the following day.
9. Senate Bill 75 (Stats. 2015, Ch. 18) modified Government Code section 100504(a)(6) to change the date upon which a Certificate of Compliance must be transmitted to OAL. Pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 75 (Stats. 2015, Ch. 18), a Certificate of Compliance must be transmitted to OAL by 9-30-2016 or the language in the emergency order of 5-11-2015 will be repealed by operation of law on the following day (Register 2015, No. 38).
10. New section, including new subsection (a)(10)(D), refiled 9-17-2015 as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 857 (Stats. 2014, c. 31) and Senate Bill 75 (Stats. 2015, Ch. 18); operative 9-17-2015 (Register 2015, No. 38). A Certificate of Compliance must be transmitted to OAL by 9-30-2016 pursuant to Government Code section 100504 or the language in the emergency order of 9-17-2015 will be repealed by operation of law on the following day.
11. New section, including amendment of subsections (i)(1) and (j), refiled 12-14-2015 as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 857 (Stats. 2014, c. 31) and Senate Bill 75 (Stats. 2015, Ch. 18); operative 12-14-2015 (Register 2015, No. 51). A Certificate of Compliance must be transmitted to OAL by 9-30-2016 pursuant to Government Code section 100504 or the language in the emergency order of 12-14-2015 will be repealed by operation of law on the following day.
12. New section refiled with amendments on 6-6-2016 as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 857 (Stats. 2014, c. 31) and Senate Bill 75 (Stats. 2015, Ch. 18); operative 6-6-2016 (Register 2016, No. 24). A Certificate of Compliance must be transmitted to OAL by 9-30-2016 pursuant to Government Code section 100504 or the language in the emergency order of 6-6-2016 will be repealed by operation of law on the following day.
13. Senate Bill 833 (Stats. 2016, c. 30) modified Government Code section 100504(a)(6) to extend the date upon which a Certificate of Compliance must be transmitted to OAL. Refiling of 6-6-2016 order on 9-30-2016 as a deemed emergency pursuant to Government Code section 100504(a)(6); operative 9-30-2016 (Register 2016, No. 40). A Certificate of Compliance must be transmitted to OAL by 10-1-2018 pursuant to Government Code section 100504(a)(6) or emergency language will be repealed by operation of law on the following day.
14. New section refiled with amendments on 2-16-2017 as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 833 (Stats. 2016, c. 30), Senate Bill 75 (Stats. 2015, c. 18) and Senate Bill 857 (Stats. 2014, c. 31); operative 2-16-2017 (Register 2017, No. 7). A Certificate of Compliance must be transmitted to OAL by 10-1-2018 pursuant to Government Code section 100504(a)(6) or the language in the emergency order of 2-16-2017 will be repealed by operation of law on the following day.
15. New section refiled (including subsequent amendments and repealer of subsection (a)(11)(C), subsection relettering and amendment of subsections (a)(12) and (i)(1)) on 10-26-2017 as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 833 (Stats. 2016, c. 30), Senate Bill 75 (Stats. 2015, c. 18) and Senate Bill 857 (Stats. 2014, c. 31); operative 10-26-2017 (Register 2017, No. 43). A Certificate of Compliance must be transmitted to OAL by 10-1-2018 pursuant to Government Code section 100504(a)(6) or the language in the emergency order of 10-26-2017 will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 10-26-2017 order, including further amendment of section and NOTE, transmitted to OAL 8-10-2018 and filed 9-24-2018; amendments effective 9-24-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 39).
17. Amendment of section and NOTE filed 10-7-2019 as a deemed emergency pursuant to Government Code section 100504; operative 10-7-2019 (Register 2019, No. 41). A Certificate of Compliance must be transmitted to OAL by 10-7-2024 pursuant to Government Code section 100504 or emergency language will be repealed by operation of law on the following day.
18. Amendment filed 6-14-2021 as an emergency; operative 6-14-2021 (Register 2021, No. 25). Pursuant to Government Code section 100504, this is a deemed emergency. A Certificate of Compliance must be transmitted to OAL by 6-14-2026 pursuant to Government Code section 100504 or emergency language will be repealed by operation of law on the following day.
19. New subsection (a)(17), subsection renumbering, new subsection (k) and amendment of NOTE filed 2-11-2022 as a deemed emergency pursuant to Government Code section 100504; operative 2-11-2022 (Register 2022, No. 6). A Certificate of Compliance must be transmitted to OAL by 10-7-2024 pursuant to Government Code section 100504(a)(6) or emergency language in the emergency order of 10-7-2019 will be repealed by operation of law on the following day.
20. Refiling of 10-7-2019 emergency order, including amendment of subsection (a)(10)(B), on 9-9-2022 as a deemed emergency pursuant to Government Code section 100504; operative 9-9-2022 (Register 2022, No. 36). A Certificate of Compliance must be transmitted to OAL by 10-7-2024 pursuant to Government Code section 100504(a)(6) or the language in the emergency order of 10-7-2019 will be repealed by operation of law on the following day.
Note: Authority cited: Section 100504, Government Code. Reference: Sections 100502 and 100503, Government Code; 26 USC Sections 36B(b)(3)(A) and 9831(d)(4); 26 CFR Sections 1.36B-2, 1.5000A-2 and 54.9802-4; 29 CFR Section 2590.702-2; 42 CFR Section 457.10; and 45 CFR Sections 146.123, 155.420, 155.605, 155.620 and 155.1080.
2. New section, with amendments, refiled 4-1-2014 as a deemed emergency pursuant to Government Code section 100504(a)(6); operative 4-1-2014 (Register 2014, No. 14). A Certificate of Compliance must be transmitted to OAL by 6-30-2014 or emergency language will be repealed by operation of law on the following day.
3. Refiling of 4-1-2014 action on 6-30-2014, including further amendments, as a deemed emergency pursuant to Government Code section 100504(a)(6); operative 6-30-2014 (Register 2014, No. 27). A Certificate of Compliance must be transmitted to OAL by 9-29-2014 or emergency language will be repealed by operation of law on the following day.
4. Refiling of 6-30-2014 action on 9-30-2014, including further amendment of subsection (d) and new subsection (j), as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 857 ( Stats.
5. Editorial correction of History 4 (Register 2014, No. 45).
6. Editorial correction of History 4 (Register 2014, No. 50).
7. Refiling of 9-30-2014 action on 12-12-2014, including further amendments, as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 857 ( Stats.
8. Refiling of 12-12-2014 action on 5-11-2015, including amendment of section, as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 857 (Stats. 2014, c. 31); operative 5-11-2015 (Register 2015, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-30-2015 pursuant to Government Code section 100504 or emergency language will be repealed by operation of law on the following day.
9. Senate Bill 75 (Stats. 2015, Ch. 18) modified Government Code section 100504(a)(6) to change the date upon which a Certificate of Compliance must be transmitted to OAL. Pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 75 (Stats. 2015, Ch. 18), a Certificate of Compliance must be transmitted to OAL by 9-30-2016 or the language in the emergency order of 5-11-2015 will be repealed by operation of law on the following day (Register 2015, No. 38).
10. New section, including new subsection (a)(10)(D), refiled 9-17-2015 as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 857 (Stats. 2014, c. 31) and Senate Bill 75 (Stats. 2015, Ch. 18); operative 9-17-2015 (Register 2015, No. 38). A Certificate of Compliance must be transmitted to OAL by 9-30-2016 pursuant to Government Code section 100504 or the language in the emergency order of 9-17-2015 will be repealed by operation of law on the following day.
11. New section, including amendment of subsections (i)(1) and (j), refiled 12-14-2015 as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 857 (Stats. 2014, c. 31) and Senate Bill 75 (Stats. 2015, Ch. 18); operative 12-14-2015 (Register 2015, No. 51). A Certificate of Compliance must be transmitted to OAL by 9-30-2016 pursuant to Government Code section 100504 or the language in the emergency order of 12-14-2015 will be repealed by operation of law on the following day.
12. New section refiled with amendments on 6-6-2016 as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 857 (Stats. 2014, c. 31) and Senate Bill 75 (Stats. 2015, Ch. 18); operative 6-6-2016 (Register 2016, No. 24). A Certificate of Compliance must be transmitted to OAL by 9-30-2016 pursuant to Government Code section 100504 or the language in the emergency order of 6-6-2016 will be repealed by operation of law on the following day.
13. Senate Bill 833 (Stats. 2016, c. 30) modified Government Code section 100504(a)(6) to extend the date upon which a Certificate of Compliance must be transmitted to OAL. Refiling of 6-6-2016 order on 9-30-2016 as a deemed emergency pursuant to Government Code section 100504(a)(6); operative 9-30-2016 (Register 2016, No. 40). A Certificate of Compliance must be transmitted to OAL by 10-1-2018 pursuant to Government Code section 100504(a)(6) or emergency language will be repealed by operation of law on the following day.
14. New section refiled with amendments on 2-16-2017 as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 833 (Stats. 2016, c. 30), Senate Bill 75 (Stats. 2015, c. 18) and Senate Bill 857 (Stats. 2014, c. 31); operative 2-16-2017 (Register 2017, No. 7). A Certificate of Compliance must be transmitted to OAL by 10-1-2018 pursuant to Government Code section 100504(a)(6) or the language in the emergency order of 2-16-2017 will be repealed by operation of law on the following day.
15. New section refiled (including subsequent amendments and repealer of subsection (a)(11)(C), subsection relettering and amendment of subsections (a)(12) and (i)(1)) on 10-26-2017 as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 833 (Stats. 2016, c. 30), Senate Bill 75 (Stats. 2015, c. 18) and Senate Bill 857 (Stats. 2014, c. 31); operative 10-26-2017 (Register 2017, No. 43). A Certificate of Compliance must be transmitted to OAL by 10-1-2018 pursuant to Government Code section 100504(a)(6) or the language in the emergency order of 10-26-2017 will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 10-26-2017 order, including further amendment of section and Note, transmitted to OAL 8-10-2018 and filed 9-24-2018; amendments effective
17. Amendment of section and Note filed 10-7-2019 as a deemed emergency pursuant to Government Code section 100504; operative
18. Amendment filed 6-14-2021 as an emergency; operative
19. New subsection (a)(17), subsection renumbering, new subsection (k) and amendment of Note filed 2-11-2022 as a deemed emergency pursuant to Government Code section 100504; operative
20. Refiling of 10-7-2019 emergency order, including amendment of subsection (a)(10)(B), on 9-9-2022 as a deemed emergency pursuant to Government Code section 100504; operative
21. Amendment refiled 10-13-2023 as a deemed emergency pursuant to Government Code section 100504, including further amendment of section; operative
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