BILL NUMBER: AB 1774	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 5, 2008

INTRODUCED BY   Assembly Members Lieber and De Leon
    (   Coauthors:   Assembly Members 
 Dymally,   Evans,   Fuentes,   and
Laird   ) 
    (   Coauthor:   Senator   Cedillo
  ) 

                        JANUARY 14, 2008

   An act to add Section 1367.655 to the Health and Safety Code, and
to add Section 10123.182 to the Insurance Code, relating to health
care coverage.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1774, as amended, Lieber. Health care coverage: 
uterine and ovarian   gynecological  cancer
screening tests.
   Existing law, the Knox-Keene Health Care Services 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.
Under existing law, a health care service plan and a health insurer
are deemed to provide coverage for all generally medically accepted
cancer screening tests.
   This bill would specifically require that a health care service
plan contract and a health insurance policy be deemed to provide
coverage for  annual uterine and ovarian cancer screening
tests   any test necessary for the screening and
diagnosis of gynecological cancers wh   en ordered 
 by a physician, nurse practitioner, or certified nurse midwife
 , as specified.
   Because the bill would specify an additional requirement for a
health care service plan, the willful violation of which would be a
crime, it 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.
State-mandated local program: yes.


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

  SECTION 1.  Section 1367.655 is added to the Health and Safety
Code, to read:
   1367.655.   (a)    Every
individual or group health care service plan contract, except for a
specialized health care service plan contract, that is issued,
amended, or renewed, on or after January 1, 2009, shall be deemed to
provide coverage for  annual uterine and ovarian cancer
screening tests, including, but not limited to, the appropriate blood
tests, a transvaginal ultrasound, and a rectovaginal pelvic
examination consistent with good professional practice. 
 any test necessary for the screening and   diagnosis of
gynecological cancers when ordered by a physician, nurse
practitioner, or certified nurse midwife in whose judgment the test
would assist or facilitate the diagnosis of cancer. 
  SEC. 2.  Section 10123.182 is added to the Insurance Code, to read:

   10123.182.  (a) Every individual or group policy of health
insurance that is issued, amended, or renewed, on or after January 1,
2009, shall be deemed to provide coverage for  annual
uterine and ovarian cancer screening tests, including, but not
limited to, the appropriate blood tests, a transvaginal ultrasound,
and a rectovaginal pelvic examination consistent with good
professional practice.   any test necessary for the
screening and diagnosis of gynecological   cancers when
ordered by a physician, nurse practitioner, or certified nurse
midwife in whose judgment the test would assist or facilitate the
diagnosis of cancer. 
   (b) This section shall not apply to Medicare supplement,
vision-only, dental-only, or Champus-supplement insurance, or to
hospital indemnity, accident-only, or specified disease insurance
that does not pay benefits on a fixed-benefit, cash payment only
basis.
  SEC. 3.  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.