Bill Text: CA AB1795 | 2015-2016 | Regular Session | Chaptered
Bill Title: Health care programs: cancer.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2016-09-25 - Chaptered by Secretary of State - Chapter 608, Statutes of 2016. [AB1795 Detail]
Download: California-2015-AB1795-Chaptered.html
BILL NUMBER: AB 1795 CHAPTERED
BILL TEXT
CHAPTER 608
FILED WITH SECRETARY OF STATE SEPTEMBER 25, 2016
APPROVED BY GOVERNOR SEPTEMBER 25, 2016
PASSED THE SENATE AUGUST 29, 2016
PASSED THE ASSEMBLY AUGUST 30, 2016
AMENDED IN SENATE AUGUST 24, 2016
AMENDED IN SENATE AUGUST 15, 2016
AMENDED IN ASSEMBLY MAY 31, 2016
AMENDED IN ASSEMBLY MARCH 28, 2016
INTRODUCED BY Assembly Member Atkins
(Principal coauthor: Assembly Member Cristina Garcia)
(Principal coauthor: Senator Pan)
(Coauthor: Assembly Member Gonzalez)
FEBRUARY 4, 2016
An act to amend Sections 104150 and 104161.1 of the Health and
Safety Code, relating to health care programs.
LEGISLATIVE COUNSEL'S DIGEST
AB 1795, Atkins. Health care programs: cancer.
Existing law requires the State Department of Health Care Services
to perform various health functions, including providing breast and
cervical cancer screening and treatment for low-income individuals.
Existing law defines "period of coverage" as beginning when an
individual is made eligible for a covered condition and not to exceed
18 or 24 months, respectively, for a diagnosis of breast cancer or a
diagnosis of cervical cancer.
This bill would provide that an individual of any age who is
symptomatic, as defined, or an individual whose age is within the age
range for routine breast cancer screening, as specified, and who
meets all other eligibility requirements is eligible for breast
cancer screening and diagnostic services pursuant to these
provisions. The bill would also provide that if an individual is
diagnosed with a reoccurrence of breast cancer or cervical cancer,
whether at the original cancer site or a different cancer site, and
meets all other applicable eligibility requirements, the individual
shall be eligible for an additional period of treatment coverage, as
described above.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 104150 of the Health and Safety Code is amended
to read:
104150. (a) (1) A provider or entity that participates in the
grant made to the department by the federal Centers for Disease
Control and Prevention breast and cervical cancer early detection
program established under Title XV of the federal Public Health
Service Act (42 U.S.C. Sec. 300k et seq.) in accordance with
requirements of Section 1504 of that act (42 U.S.C. Sec. 300n) may
only render screening services under the grant to an individual if
the provider or entity determines that the individual's family income
does not exceed 200 percent of the federal poverty level.
(2) Providers, or the enrolling entity, shall make available to
all applicants and beneficiaries, prior to or concurrent with
enrollment, information on the manner in which to apply for insurance
affordability programs, in a manner determined by the State
Department of Health Care Services. The information shall include the
manner in which applications can be submitted for insurance
affordability programs, information about the open enrollment periods
for the California Health Benefit Exchange, and the continuous
enrollment aspect of the Medi-Cal program.
(b) (1) The department shall provide for breast cancer and
cervical cancer screening services under the grant at the level of
funding budgeted from state and other resources during the fiscal
year in which the Legislature has appropriated funds to the
department for this purpose. These screening services shall not be
deemed to be an entitlement.
(2) The following individuals shall be eligible for breast cancer
screening and diagnostic services pursuant to this section if they
meet all other eligibility requirements:
(A) An individual of any age who is symptomatic.
(B) An individual whose age is within the age range for routine
breast cancer screening, as recommended by the United States
Preventive Services Task Force, subject to any federal action
relating to breast cancer screening that overrides those
recommendations.
(3) For purposes of this section, "symptomatic" means an
individual presenting with an abnormality or change in the look or
feel of the breast, including, but not limited to, a lump, a hard
knot, thickening or swelling of the breast tissue, a change in the
color, size, or shape of the breast, or any discharge from the
nipple.
(c) To implement the federal breast and cervical cancer early
detection program specified in this section, the department may
contract, to the extent permitted by Section 19130 of the Government
Code, with public and private entities, or utilize existing health
care service provider enrollment and payment mechanisms, including
the Medi-Cal program's fiscal intermediary. However, the Medi-Cal
program's fiscal intermediary shall only be utilized if services
provided under the program are specifically identified and reimbursed
in a manner that does not claim federal financial reimbursement. Any
contracts with, and the utilization of, the Medi-Cal program's
fiscal intermediary shall not be subject to Chapter 3 (commencing
with Section 12100) of Part 2 of Division 2 of the Public Contract
Code. Contracts to implement the federal breast and cervical cancer
early detection program entered into by the department with entities
other than the Medi-Cal program's fiscal intermediary shall not be
subject to Part 2 (commencing with Section 10100) of Division 2 of
the Public Contract Code.
(d) The department shall enter into an interagency agreement with
the State Department of Health Care Services to transfer that portion
of the grant made to the department by the federal Centers for
Disease Control and Prevention breast and cervical cancer early
detection program established under Title XV of the federal Public
Health Service Act (42 U.S.C. Sec. 300k et seq.) to the State
Department of Health Care Services. The department shall have no
other liability to the State Department of Health Care Services under
this article.
SEC. 2. Section 104161.1 of the Health and Safety Code is amended
to read:
104161.1. (a) When an individual is made eligible for treatment
services under this article due to a diagnosis of breast cancer, the
period of coverage shall not exceed 18 months of treatment. After 18
months, the individual's eligibility for treatment services for the
cancer condition that made this individual eligible concludes.
(b) When an individual is made eligible for treatment services
under this article due to a diagnosis of cervical cancer, the period
of coverage shall not exceed 24 months of treatment. After 24 months,
the individual's eligibility for treatment services for the cancer
condition that made this individual eligible concludes.
(c) If an individual is diagnosed with a reoccurrence of breast
cancer or cervical cancer, whether at the original cancer site or a
different cancer site, and meets all other applicable eligibility
requirements, the individual shall be eligible for an additional
period of treatment coverage, as described in subdivision (a) or (b),
respectively.
