Bill Text: CA SB799 | 2013-2014 | Regular Session | Amended
Bill Title: Health care coverage: colorectal cancer: genetic testing and screening.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB799 Detail]
Download: California-2013-SB799-Amended.html
BILL NUMBER: SB 799 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 8, 2013
AMENDED IN SENATE APRIL 1, 2013
INTRODUCED BY Senator Calderon
FEBRUARY 22, 2013
An act to add Section 1367.667 to, and to add Article 4
(commencing with Section 104201) to Chapter 2 of Part 1 of Division
103 of, the Health and Safety Code, and to add Section 10123.22 to
the Insurance Code, relating to health care coverage , and
declaring the ur gency thereof, to take effect immediately
.
LEGISLATIVE COUNSEL'S DIGEST
SB 799, as amended, Calderon. Health care coverage: colorectal
cancer: genetic testing and screening.
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 individual and group health care service plan
contracts and health insurance policies to provide coverage for all
generally medically accepted cancer screening tests and requires
those contracts and policies to also provide coverage for the
treatment of breast cancer. Existing law requires an individual or
small group health care service plan contract or insurance policy
issued, amended, or renewed on or after January 1, 2014, to, at a
minimum, include coverage for essential health benefits, which
includes preventive services, pursuant to the federal Patient
Protection and Affordable Care Act.
This bill would require a health care service plan contract or a
health insurance policy, except as specified, that is issued,
amended, or renewed on or after January 1, 2014, to provide coverage
for genetic testing for hereditary nonpolyposis colorectal cancer
(HNPCC) and screening annual screenings
for colorectal cancer under specified circumstances. 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.
This bill would also require a physician and surgeon who makes a
diagnosis that a patient has colorectal cancer to provide the patient
with specified information.
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.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: yes. State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1367.667 is added to the Health and Safety
Code, to read:
1367.667. Every health care service plan contract, except a
specialized health care service plan contract, that is issued,
amended, or renewed on or after January 1, 2014, shall provide
coverage for all of the following:
(a) Genetic testing for hereditary nonpolyposis colorectal cancer
(HNPCC) for an enrollee who is under 50 years of age and has been
diagnosed with colorectal cancer.
(b) Genetic testing for HNPCC for an enrollee who is the child or
sibling of an individual who has been diagnosed with colorectal
cancer and has tested positive for the gene mutation for HNPCC.
(c) Frequent Annual screenings,
including colonoscopies, for an enrollee who has tested positive for
the gene mutation for HNPCC, and is the child or sibling of an
individual who has been diagnosed with colorectal cancer and has
tested positive for the gene mutation for HNPCC.
SEC. 2. Article 4 (commencing with Section 104201) is added to
Chapter 2 of Part 1 of Division 103 of the Health and Safety Code, to
read:
Article 4. Colorectal Cancer
104201. If a physician and surgeon makes a diagnosis that a
patient has colorectal cancer, the physician and surgeon shall
recommend that the patient be tested for the genetic mutation for
hereditary nonpolyposis colorectal cancer (HNPCC). The physician and
surgeon shall also inform the patient that genetic testing for HNPCC
may be covered by the patient's health care coverage, and that
genetic testing and screening for his or her children or siblings may
be covered by the children's or siblings' health care coverage if
the patient tests positive for the HNPCC gene mutation.
SEC. 3. Section 10123.22 is added to the Insurance Code, to read:
10123.22. Every health insurance policy, except a specialized
health insurance policy, that is issued, amended, or renewed on or
after January 1, 2014, shall provide coverage for all of the
following:
(a) Genetic testing for hereditary nonpolyposis colorectal cancer
(HNPCC) for an insured who is under 50 years of age and has been
diagnosed with colorectal cancer.
(b) Genetic testing for HNPCC for an insured who is the child or
sibling of an individual who has been diagnosed with colorectal
cancer and has tested positive for the gene mutation for HNPCC.
(c) Frequent Annual screenings,
including colonoscopies, for an insured who has tested positive for
the gene mutation for HNPCC, and is the child or sibling of an
individual who has been diagnosed with colorectal cancer and has
tested positive for the gene mutation for HNPCC.
SEC. 4. 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.
SEC. 5. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to protect the health of all Californians at the earliest
possible time, it is necessary that this act take effect
immediately.
