BILL NUMBER: SB 1219 CHAPTERED 10/01/01 CHAPTER 380 FILED WITH SECRETARY OF STATE OCTOBER 1, 2001 APPROVED BY GOVERNOR SEPTEMBER 28, 2001 PASSED THE SENATE SEPTEMBER 12, 2001 PASSED THE ASSEMBLY SEPTEMBER 6, 2001 AMENDED IN ASSEMBLY AUGUST 31, 2001 AMENDED IN ASSEMBLY AUGUST 20, 2001 AMENDED IN ASSEMBLY JUNE 21, 2001 AMENDED IN SENATE MAY 14, 2001 AMENDED IN SENATE MAY 2, 2001 AMENDED IN SENATE APRIL 16, 2001 INTRODUCED BY Senator Romero (Coauthor: Senator Kuehl) (Coauthors: Assembly Members Alquist, Aroner, Diaz, Pavley, Strom-Martin, and Washington) MARCH 19, 2001 An act to amend Section 1367.66 of the Health and Safety Code, and to amend Section 10123.18 of the Insurance Code, relating to health care. LEGISLATIVE COUNSEL'S DIGEST SB 1219, Romero. Health coverage: cervical cancer screening test. Existing law provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and for the regulation of policies of disability insurance by the Insurance Commissioner. Under existing law, a health care service plan contract and a disability insurance policy that include coverage for the treatment or surgery of cervical cancer are required to provide coverage for an annual cervical cancer screening test. Existing law makes a willful violation of the provisions pertaining to health care service plans a crime. This bill would require a health care service plan contract and a disability insurance policy issued, amended, or renewed on or after January 1, 2002, that include coverage for the treatment or surgery of cervical cancer to provide coverage for an annual cervical cancer screening test in accordance with deductible or copayment provisions contained in the plan contract or policy that includes the conventional Pap test and the option of any cervical cancer screening test approved by the federal Food and Drug Administration, upon, the referral of the patient's health care provider. The bill would provide that, in regards to a disability insurance policy, it would not apply to vision only, dental only, Medicare supplement, CHAMPUS supplement, long-term care, or disability income insurance nor would it impose a new benefit mandate on accident only, hospital indemnity, or specified disease insurance. Because this bill would change a requirement pertaining to the regulation of a health care service plan, the willful violation of which would be punishable as a criminal offense, it would expand the scope of an existing crime, thereby imposing 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. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1367.66 of the Health and Safety Code is amended to read: 1367.66. Every individual or group health care service plan contract, except for a specialized health care service plan, that is issued, amended, or renewed, on or after January 1, 2002, and that includes coverage for treatment or surgery of cervical cancer shall also be deemed to provide coverage for an annual cervical cancer screening test upon the referral of the patient's physician, a nurse practitioner, or certified nurse midwife, providing care to the patient and operating within the scope of practice otherwise permitted for the licensee. The coverage for an annual cervical cancer screening test provided pursuant to this section shall include the conventional Pap test and the option of any cervical cancer screening test approved by the federal Food and Drug Administration, upon the referral of the patient's health care provider. Nothing in this section shall be construed to establish a new mandated benefit or to prevent application of deductible or copayment provisions in an existing plan contract. The Legislature intends in this section to provide that cervical cancer screening services are deemed to be covered if the plan contract includes coverage for cervical cancer treatment or surgery. SEC. 2. Section 10123.18 of the Insurance Code is amended to read: 10123.18. (a) Every individual or group policy of disability insurance that provides coverage for hospital, medical, or surgical benefits, that is issued, amended, or renewed, on or after January 1, 2002, and that includes coverage for treatment or surgery of cervical cancer shall also be deemed to provide coverage upon the referral of a patient's physician, a nurse practitioner, or a certified nurse midwife, providing care to the patient and operating within the scope of practice otherwise permitted for the licensee, for an annual cervical cancer screening test. The coverage for an annual cervical cancer screening test provided pursuant to this section shall include the conventional Pap test and the option of any cervical cancer screening test approved by the federal Food and Drug Administration, upon the referral of the patient's health care provider. Nothing in this section shall be construed to require an individual or group policy to cover treatment or surgery for cervical cancer or to prevent application of deductible or copayment provisions contained in the policy or certificate, nor shall this section be construed to require that coverage under an individual or group policy be extended to any other procedures. (b) This section shall not apply to vision only, dental only, accident only, specified disease, hospital indemnity, Medicare supplement, CHAMPUS supplement, long-term care, or disability income insurance. For accident only, hospital indemnity, or specified disease insurance, coverage for benefits under this section shall apply only to the extent that the benefits are covered under the general terms and conditions that apply to all other benefits under the policy or certificate. Nothing in this section shall be construed as imposing a new benefit mandate on accident only, hospital indemnity, or specified disease insurance. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.