BILL NUMBER: SB 370	CHAPTERED  09/05/03

	CHAPTER  321
	FILED WITH SECRETARY OF STATE  SEPTEMBER 5, 2003
	APPROVED BY GOVERNOR  SEPTEMBER 4, 2003
	PASSED THE SENATE  AUGUST 21, 2003
	PASSED THE ASSEMBLY  JULY 29, 2003
	AMENDED IN ASSEMBLY  JUNE 2, 2003

INTRODUCED BY   Senator Soto

                        FEBRUARY 19, 2003

   An act to add Section 14133.45 to the Welfare and Institutions
Code, relating to Medi-Cal.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 370, Soto.  Medi-Cal:  dialysis:  end stage renal disease.
   Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Services under the
direction of the Director of Health Services, pursuant to which
medical benefits are provided to public assistance recipients and
certain other low-income persons.
   Existing law includes dialysis treatments as a benefit within the
scope of benefits provided under the Medi-Cal program.
   Existing law authorizes the Director of Health Services, or a
carrier acting under regulations adopted by the director, to require
that any individual provider shall receive prior authorization before
providing certain benefits under the Medi-Cal program.
   This bill would provide that utilization controls adopted by the
department shall not include prior authorization for renal dialysis
treatment provided to eligible recipients for the treatment of end
stage renal disease.


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


  SECTION 1.  Section 14133.45 is added to the Welfare and
Institutions Code, to read:
   14133.45.  (a) Utilization controls adopted by the department
shall not include prior authorization for renal dialysis treatment
provided to eligible recipients for the treatment of end stage renal
disease.
   (b) For purposes of this section, "end stage renal disease" is the
same as defined in subdivision (d) of Section 1794.02 of the Health
and Safety Code.
   (c) Notwithstanding the provisions of Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of the Government Code, the
department may implement this section by provider manual or similar
notice without further regulatory action.