California 2025-2026 Regular Session

California Senate Bill SB439

Introduced
 
Introduced
2/18/25  
Refer
2/26/25  
Report Pass
4/10/25  
Refer
4/10/25  
Report Pass
4/10/25  
Report Pass
5/23/25  
Report Pass
5/23/25  
Engrossed
6/2/25  
Refer
6/9/25  
Engrossed
6/2/25  
Report Pass
6/17/25  
Refer
6/9/25  
Refer
6/17/25  
Refer
6/17/25  
Report Pass
8/29/25  
Enrolled
9/4/25  
Chaptered
10/3/25  

Caption

An act to amend Sections 127660, 127662, and 127665 of the Health and Safety Code, relating to the California Health Benefit Review Program.

Summary

SB 439 extends the California Health Benefit Review Program and its supporting Health Care Benefits Fund for six additional years, from the current sunset date of July 1, 2027, to July 1, 2033. The program, administered through the University of California, is responsible for preparing written analyses of legislation that mandates or repeals health insurance benefits or services. Those analyses cover public health, medical, financial, and coverage impacts, including effects on Medi-Cal and the California Health Benefit Exchange. The bill also authorizes continued annual assessments on health care service plans and health insurers to finance the program during fiscal years 2026-27 through 2032-33. It raises the cap on total annual assessments from $2.2 million to $3.2 million and keeps the existing structure for collecting and depositing those fees into the Health Care Benefits Fund. In addition, it narrows one part of the required financial-impact analysis by removing the Healthy Families Program as an example of a publicly funded state health insurance program. In practical terms, SB 439 preserves the state’s mechanism for independent review of proposed health insurance benefit mandates and repeals. It affects health care service plans, health insurers, the Department of Managed Health Care, the Department of Insurance, and the University of California, while leaving the underlying mandate-review framework in place. The bill also includes a tax-related finding under Proposition 13, meaning it required a two-thirds vote of each house. The overall sentiment around the bill appears strongly supportive and largely noncontroversial. Committee and floor votes were overwhelmingly favorable, with multiple unanimous committee votes and only one dissenting vote on Senate third reading. The bill advanced through the Legislature without recorded opposition in the provided materials and was ultimately chaptered by the Governor. The main point of contention, to the extent one is visible in the bill text, is fiscal rather than policy-based: the bill increases the annual assessment cap on insurers and health plans to fund the program’s continued operation. Because the assessment is treated as a tax increase for constitutional purposes, the bill required a supermajority vote. The removal of the Healthy Families Program reference is another technical change, but no substantive dispute over that revision is reflected in the available discussion or voting record.

Impact

SB 439 amends Health and Safety Code sections 127660, 127662, and 127665 to extend the California Health Benefit Review Program and the Health Care Benefits Fund through July 1, 2033, with repeal on January 1, 2034. It authorizes continued annual assessments on health care service plans and health insurers for fiscal years 2026-27 through 2032-33 and raises the total annual cap to $3.2 million. The bill also removes the Healthy Families Program from the list of example public programs considered in financial-impact analyses, while leaving the program’s core mandate-review and reporting duties intact.

Sentiment

The bill’s reception was broadly positive and largely unanimous throughout the legislative process. Committee votes were consistently favorable, and the floor vote in the Senate showed overwhelming support with only one no vote. The absence of recorded opposition in the provided materials suggests the measure was viewed as a routine extension of an existing oversight program rather than a controversial policy shift.

Contention

The principal issue is the increased assessment on health care service plans and health insurers, which funds the program and is treated as a tax increase for constitutional voting purposes. That fiscal effect is the main legal and procedural hurdle, requiring a two-thirds vote. The only notable substantive change beyond the extension is the removal of the Healthy Families Program as an example in the financial-impact analysis, but no specific opposition to that revision is reflected in the available record.

Companion Bills

No companion bills found.

Previously Filed As

CA AB2353

Health Mandates Review Program.

CA AB2531

Public health: abortion services.

CA AB910

An act to amend Sections 1385.0021, 127673.7, and 127674.1 of the Health and Safety Code, relating to pharmacy benefit management. 236.14, 236.15, 236.23, and 236.24 of the Penal Code, relating to criminal procedure.

CA AB2735

Reproductive health care.

CA AB1320

California Affordable Drug Manufacturing Act of 2020: opioid antagonists.

CA SB1089

An act to add and repeal Section 22853.5 of the Government Code, and to amend Section 127697 of the Health and Safety Code, relating to health.

CA AB164

An act relating to the Budget Act of 2025. An act to amend Sections 2191 and 2811.5 of, and to add Sections 2190.4, 2454.7, and 3524.65 to, the Business and Professions Code, to amend Section 100520.5 of the Government Code, to amend Sections 1254, 1256.05, 1256.06, 1367.03, 1367.04, 1367.626, 1728.1, 1728.3, 1728.7, 1734, 1735, 11832.2, 11832.18, 11834.015, 11834.02, 11834.026, 11834.26, 11834.30, 11834.31, 11834.40, 11834.50, 11839.2, 11839.3, 11839.6.1, 11839.16, 120956, 127630, 127631, 127632, 127633, 127634, 127635, 127638, 130201, and 130290 of, to add Sections 1253.4, 1367.252, 1367.253, 1728.75, 1728.9, 1728.95, 127437, and 127631.1 to, to add Chapter 11 (commencing with Section 127770) to Part 2 of Division 107 of, and to repeal Sections 11834.29, 130204, 130206, 130208, and 130209 of, the Health and Safety Code, to amend Section 10133.8 of, and to add Sections 10123.861 and 10123.862 to, the Insurance Code, to amend Sections 1602, 1603, and 1604 of the Penal Code, to amend Section 30461.6 of the Revenue and Taxation Code, and to amend Sections 5892, 5963.02, 5963.04, 14005.36, 14005.37, 14007.5, 14007.65, 14007.8, 14016.2, 14019, 14019.6, 14043.26, 14132.100, 14154, 14184.101, 14184.102, 14184.200, 14184.404, 14197.2, and 15926 of, to amend, repeal, and add Sections 14005.62 and 14005.11 of, and to add Sections 4360.5, 5892.2, 14005.365, 14005.69, 14007.12, 14132.14, and 14184.900 to, the Welfare and Institutions Code, relating to health, and making an appropriation therefor, to take effect immediately, bill related to the budget.

CA AB551

Reproductive Health Emergency Preparedness Program.

CA AB356

An act to add and repeal Chapter 3 (commencing with Section 127575) of Part 2 of Division 107 of the Health and Safety Code, relating to health care.

CA SB164

An act to amend Sections 2191 and 2811.5 of, and to add Sections 2190.4, 2454.7, and 3524.65 to, the Business and Professions Code, to amend Section 100520.5 of the Government Code, to amend Sections 1254, 1256.05, 1256.06, 1367.03, 1367.04, 1367.626, 1728.1, 1728.3, 1728.7, 1734, 1735, 11832.2, 11832.18, 11834.015, 11834.02, 11834.026, 11834.26, 11834.30, 11834.31, 11834.40, 11834.50, 11839.2, 11839.3, 11839.6.1, 11839.16, 120956, 127630, 127631, 127632, 127633, 127634, 127635, 127638, 130201, and 130290 of, to add Sections 1253.4, 1367.252, 1367.253, 1728.75, 1728.9, 1728.95, 127437, and 127631.1 to, to add Chapter 11 (commencing with Section 127770) to Part 2 of Division 107 of, and to repeal Sections 11834.29, 130204, 130206, 130208, and 130209 of, the Health and Safety Code, to amend Section 10133.8 of, and to add Sections 10123.861 and 10123.862 to, the Insurance Code, to amend Sections 1602, 1603, and 1604 of the Penal Code, to amend Section 30461.6 of the Revenue and Taxation Code, and to amend Sections 5892, 5963.02, 5963.04, 14005.36, 14005.37, 14007.5, 14007.65, 14007.8, 14016.2, 14019, 14019.6, 14043.26, 14132.100, 14154, 14184.101, 14184.102, 14184.200, 14184.404, 14197.2, and 15926 of, to amend, repeal, and add Sections 14005.62 and 14005.11 of, and to add Sections 4360.5, 5892.2, 14005.365, 14005.69, 14007.12, 14132.14, and 14184.900 to, the Welfare and Institutions Code, relating to health, and making an appropriation therefor, to take effect immediately, bill related to the budget.

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