Bill Text: CA SB161 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Health care coverage: cancer treatment.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Vetoed) 2010-01-19 - Stricken from Senate file. [SB161 Detail]

Download: California-2009-SB161-Introduced.html

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BILL NUMBER: SB 161	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wright

                        FEBRUARY 14, 2009

   An act to add Section 1367.655 to the Health and Safety Code, and
to add Section 10123.205 to the Insurance Code, relating to health
care coverage.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 161, as introduced, Wright. Health care coverage: chemotherapy
treatment.
   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 the act a crime. Existing law also provides for the
regulation of health insurers by the Department of Insurance.
Existing law requires health care service plan contracts and health
insurance policies to provide coverage for all generally medically
accepted cancer screening tests and requires those plans and policies
to also provide coverage for the treatment of breast cancer.
Existing law imposes various requirements on contracts and policies
that cover prescription drug benefits.
   This bill would require health care service plan contracts and
health insurance policies that provide coverage for cancer
chemotherapy treatment to provide coverage for prescribed, orally
administered anticancer medications, as specified, on a basis no less
favorable than intravenously administered or injected cancer
medications covered under the contracts or policies.
   Because a willful violation of the bill's requirements relative to
health care service plans would be a crime, the bill would impose a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1367.655 is added to the Health and Safety
Code, to read:
   1367.655.  A health care service plan contract issued, amended, or
renewed on or after January 1, 2010, that provides coverage for
cancer chemotherapy treatment shall provide coverage for a
prescribed, orally administered cancer medication used to kill or
slow the growth of cancerous cells on a basis no less favorable than
intravenously administered or injected cancer medications covered
under the contract.
  SEC. 2.  Section 10123.205 is added to the Insurance Code, to read:

   10123.205.  A health insurance policy issued, amended, or renewed
on or after January 1, 2010, that provides coverage for cancer
chemotherapy treatment shall provide coverage for a prescribed,
orally administered cancer medication used to kill or slow the growth
of cancerous cells on a basis no less favorable than intravenously
administered or injected cancer medications covered under the policy.

  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.