Bill Text: CA AB259 | 2009-2010 | Regular Session | Amended
Bill Title: School safety.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB259 Detail]
Download: California-2009-AB259-Amended.html
BILL NUMBER: AB 259 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 4, 2010
INTRODUCED BY Assembly Member Skinner
FEBRUARY 11, 2009
An act to amend Section 1367.695 of the Health and Safety
Code, and to amend Section 10123.84 of the Insurance Code, relating
to health care coverage. An act relating to school
safety.
LEGISLATIVE COUNSEL'S DIGEST
AB 259, as amended, Skinner. Health care coverage:
certified nurse-midwives: direct access. School
safety.
Existing law, the Field Act, requires school buildings, as
defined, to meet various safety specifications. Existing law makes
each school district and county office of education responsible for
the overall development of comprehensive school safety plans for
their schools operating kindergarten and any of grades 1 to 12,
inclusive.
This bill would state the Legislature's intent to enact
legislation that would require each school district and county office
of education maintaining kindergarten and any of grades 1 to 12,
inclusive, to biannually complete a campus safety assessment, as
specified, for the purpose of identifying potential health and safety
issues in school buildings and on school grounds.
Existing law, the Knox-Keene Health Care Service Plan Act of 1975,
provides for the licensure and regulation of health care service
plans by the Department of Managed Health Care and makes a willful
violation of that act a crime. Existing law provides for the
regulation of health insurers by the Department of Insurance.
Existing law requires a health care service plan contract or
health insurance policy to allow an enrollee or policyholder the
option to seek obstetrical and gynecological physician services
directly from an obstetrician and gynecologist or a family practice
physician and surgeon, subject to specified provisions established by
the plan or insurer.
This bill would additionally require a health care service plan
contract or health insurance policy to allow an enrollee or
policyholder the option to seek obstetrical and gynecological
services from a certified nurse-midwife, as specified. The bill would
specify that a violation of this requirement with respect to health
care service plans shall not be a crime. The bill would also make
other conforming changes and would delete certain obsolete language.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature to
enact legislation that would require each school district and county
office of education maintaining kindergarten and any of grades 1 to
12, inclusive, to biannually complete a campus safety assessment by
local law enforcement and health departments for the purpose of
identifying potential health and safety issues in school buildings
and on school grounds.
SECTION 1. Section 1367.695 of the Health and
Safety Code is amended to read:
1367.695. (a) The Legislature finds and declares that the unique,
private, and personal relationship between women patients and their
obstetrical and gynecological providers warrants direct access to
obstetrical and gynecological services.
(b) Commencing January 1, 2010, every health care service plan
contract issued, amended, renewed, or delivered in this state, except
a specialized health care service plan contract, shall allow an
enrollee the option to seek obstetrical and gynecological services
directly from any of the following health care providers, provided
that the services fall within the scope of practice of that provider:
(1) A participating obstetrician and gynecologist.
(2) A participating certified nurse-midwife.
(3) A participating family practice physician and surgeon
designated by the plan as providing obstetrical and gynecological
services.
(c) In implementing this section, a health care service plan may
establish reasonable provisions governing utilization protocols and
the use of obstetricians and gynecologists, certified nurse-midwives,
or family practice physicians and surgeons, as provided for in
subdivision (b), participating in the plan network, medical group, or
independent practice association, provided that these provisions
shall be consistent with the intent of this section and shall be
those customarily applied to other physicians and surgeons, such as
primary care physicians and surgeons, to whom the enrollee has direct
access, and shall not be more restrictive for the provision of
obstetrical and gynecological services. An enrollee shall not be
required to obtain prior approval from another physician, another
provider, or the health care service plan prior to obtaining direct
access to obstetrical and gynecological services, but the plan may
establish reasonable requirements for the participating obstetrician
and gynecologist, certified nurse-midwife, or family practice
physician and surgeon, as provided for in subdivision (b), to
communicate with the enrollee's primary care physician and surgeon
regarding the enrollee's condition, treatment, and any need for
followup care.
(d) This section shall not be construed to diminish the provisions
of Section 1367.69.
(e) Notwithstanding Section 1390, a violation of this section, as
it related to direct access to nurse-midwives, the amendments made to
this section by the act adding this subdivision shall not be a
crime.
SEC. 2. Section 10123.84 of the Insurance Code
is amended to read:
10123.84. (a) The Legislature finds and declares that the unique,
private, and personal relationship between women patients and their
obstetrical and gynecological providers warrants direct access to
obstetrical and gynecological services.
(b) Commencing January 1, 2010, every policy o health insurance
that is issued, amended, delivered, or renewed in this state shall
allow a policyholder the option to seek obstetrical and gynecological
services directly from any of the following health care providers,
provided that the services fall within the scope of practice of that
provider:
(1) An obstetrician and gynecologist.
(2) A certified nurse-midwife.
(3) A participating family practice physician and surgeon
designated by the insurer as providing obstetrical and gynecological
services.
(c) In implementing this section, an insurer may establish
reasonable provisions governing utilization protocols and the use of
obstetricians and gynecologists, certified nurse-midwives, or family
practice physicians and surgeons, as provided for in subdivision (b),
provided that these provisions shall be consistent with the intent
of this section and shall be those customarily applied to other
physicians and surgeons, including primary care physicians and
surgeons, to whom the policyholder has direct access, and shall not
be more restrictive for the provision of obstetrical and
gynecological services. A policyholder shall not be required to
obtain prior approval from another physician, another provider, or
the insurer prior to obtaining direct access to obstetrical and
gynecological services, but the insurer may establish reasonable
requirements for the participating obstetrician and gynecologist, the
certified nurse-midwife, or the family practice physician and
surgeon, as provided in subdivision (b), to communicate with the
policyholder's primary care physician regarding the policyholder's
condition, treatment, and any need for followup care.
(d) This section shall not be construed to diminish the provisions
of Section 10123.83.
