Today's Law As Amended

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AB-521 HIV testing.(2015-2016)



SECTION 1.

 Section 120991 of the Health and Safety Code is amended to read:

120991.
 (a) Each A  patient who either  has blood drawn at a primary care clinic and  or who has been admitted as an inpatient to a hospital through the emergency department and has blood drawn after being admitted to the hospital, and  who has consented to the HIV test pursuant to Section 120990 120990,  shall be offered an HIV test. The primary care  emergency department shall not be responsible for offering an HIV test. A hospital may offer an HIV test at any time during the patient’s admission to the hospital. The primary care or hospital  clinician shall offer an HIV test consistent with the United States Preventive Services Task Force recommendation for screening HIV infection. This subdivision shall not apply if the primary care clinic or hospital  has tested the patient for HIV or if the patient has been offered the HIV test and declined the test within the previous 12 months. Any subsequent testing of a patient who has been tested by the primary care clinic or hospital  shall be consistent with the most recent guidelines issued by the United States Preventive Services Task Force.
(b) HIV testing of minors 12 years of age or older shall comply with Section 6926 of the Family Code.
(c) This section shall not prohibit a patient’s health plan from applying any patient cost share or other limitation that is allowed by law and included in the contract between the plan and the patient. This section shall not prohibit a  primary care clinic or hospital  from charging a patient to cover the cost of HIV testing. The primary care clinic or hospital  shall be deemed to have complied with this section if an HIV test is offered.
(d) A primary care clinic or hospital  shall attempt to provide test results to the patient before he or she leaves the facility. If that is not possible, the facility may inform the patient who tests negative for HIV by letter or by telephone, and shall inform a patient with a positive test result in a manner consistent with state law. However, in any case, the primary care clinic or hospital  shall comply with subdivision (g) (h)  of Section 120990.
(e) For purposes of this section, the following terms have the following meanings:
(1) “Hospital” means a general acute care hospital as defined in subdivision (a) of Section 1250.
(e) (2)  For purposes of this section, “primary  “Primary  care clinic” means a primary care clinic as defined in subdivision (a) of Section 1204 or subdivision (g), (h), or (j) of Section 1206.