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AB-2342 Breast and ovarian cancer susceptibility screening.(2017-2018)

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Date Published: 09/05/2018 09:00 PM
AB2342:v95#DOCUMENT

Enrolled  September 05, 2018
Passed  IN  Senate  August 30, 2018
Passed  IN  Assembly  August 31, 2018
Amended  IN  Senate  August 17, 2018
Amended  IN  Senate  July 02, 2018
Amended  IN  Assembly  May 25, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2342


Introduced by Assembly Members Burke and Waldron
(Coauthors: Assembly Members Baker and Rubio)
(Coauthor: Senator Portantino)

February 13, 2018


An act to add Sections 1367.615 and 104150.5 to the Health and Safety Code, and to add Section 10123.815 to the Insurance Code, relating to cancer.


LEGISLATIVE COUNSEL'S DIGEST


AB 2342, Burke. Breast and ovarian cancer susceptibility 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 its provisions a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law requires every health care service plan contract and health insurance policy to provide coverage for screening for, diagnosis of, and treatment for, breast cancer, consistent with generally accepted medical practice and scientific evidence, upon the referral of the enrollee’s or insured’s participating physician.
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.
This bill would require health care service plans, health insurers, and the State Department of Health Care Services to cover breast and ovarian cancer susceptibility screening as recommended by the United States Preventive Services Task Force. By creating a new crime with respect to health care service plans, 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   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1367.615 is added to the Health and Safety Code, to read:

1367.615.
 In addition to the services described in subdivision (c) of Section 1367.6, every health care service plan contract, except a specialized health care service plan contract, that is issued, amended, delivered, or renewed on or after January 1, 2019, shall be deemed to provide coverage for breast and ovarian cancer susceptibility screening as recommended by the United States Preventive Services Task Force.

SEC. 2.

 Section 104150.5 is added to the Health and Safety Code, to read:

104150.5.
 In addition to the services described in subdivision (b) of Section 104150, the department shall provide breast and ovarian cancer susceptibility screening as recommended by the United States Preventive Services Task Force.

SEC. 3.

 Section 10123.815 is added to the Insurance Code, to read:

10123.815.
 In addition to the services described in subdivision (c) of Section 10123.8, every policy of disability insurance that provides coverage for hospital, medical, or surgical expenses, which is issued, amended, delivered, or renewed on or after January 1, 2019, shall be deemed to provide coverage for breast and ovarian cancer susceptibility screening as recommended by the United States Preventive Services Task Force.

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.