Section 2803.4 Of Article 2. Obligations Of Employer From California Labor Code >> Division 3. >> Chapter 2. >> Article 2.
2803.4
. (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 3 of Division 9 of the Welfare and Institutions Code,
or medicaid benefits under Subchapter 19 (commencing with Section
1396) of Chapter 7 of Title 42 of the United States Code. Any
employer providing health benefits under the Employee Retirement
Income Security Act of 1974 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 1974 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 1974 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 3 of Division 9 of
the Welfare and Institutions Code, or medicaid benefits under
Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42
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 1974 in determining legal liability of any third party for medical
expenses incurred by a Medi-Cal or medicaid recipient under Section
14124.90 of the Welfare and Institutions Code and Subchapter 19
(commencing with Section 1396) of Chapter 7 of Title 42 of the United
States Code.