BILL NUMBER: AB 1894	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 7, 2008

INTRODUCED BY   Assembly Member Krekorian

                        FEBRUARY 7, 2008

   An act to add  Sections 1367.46 and 120897  
Section 1367.46  to the Health and Safety Code,   and 
to add Section 10123.91 to the Insurance Code,   and to add
Section 14132.33 to the Welfare and Institutions Code, 
relating to HIV testing.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1894, as amended, Krekorian.  Health care coverage: 
HIV testing.
   Existing law, the Knox-Keene Health Care Service Plan Act of 1975,
provides for the regulation of health care service plans by the
Department of Managed Health Care. Existing law requires a health
care service plan to provide specified coverage to its enrollees and
subscribers. Existing law provides that a willful violation of the
act is a  crime. 
    Existing   crime. Existing  law
provides for the regulation of health insurers by the Department of
Insurance. Existing law requires a health insurance policy to provide
specified coverage to insureds.
   This bill would require health care service plans and health
insurers, on or after January 1, 2009, to  offer 
 provide  testing for human immunodeficiency virus (HIV)
antibodies and for acquired immune deficiency syndrome (AIDS)
regardless of whether the testing is related to a primary diagnosis.
   Because this bill would place additional requirements on health
care service plans, the  willful  violation of which would
be a crime, the bill would impose a state-mandated local program.

   Under existing law, the State Department of Public Health is
responsible for the licensure and regulation of health facilities,
including general acute care hospitals, as defined, and health
clinics.  
   This bill would require every general acute care hospital or
health clinic that provides emergency medical care to offer patients
testing for the HIV antibodies and for AIDS regardless of whether the
testing is related to a primary diagnosis.  
   Existing law, the Medi-Cal Act, establishes the Medi-Cal program
to provide health care benefits and services to low-income persons
who meet specified eligibility criteria.  
   This bill would include testing for HIV antibodies and for AIDS as
a covered service within the Medi-Cal 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 1367.46 is added to the Health and Safety Code,
to read:
   1367.46.  Every individual or group health care service plan
contract that is issued, amended, or renewed on or after January 1,
2009, that covers hospital, medical, or surgery expenses shall
provide coverage for the testing for human immunodeficiency virus
(HIV) antibodies and for acquired immune deficiency syndrome (AIDS)
regardless of whether the testing is related to a primary diagnosis.

  SEC. 2.    Section 120897 is added to the Health
and Safety Code, to read:
   120897.  Every general acute care hospital or health clinic that
provides emergency medical care shall offer patients testing for the
human immunodeficiency virus (HIV) antibodies and for acquired immune
deficiency syndrome (AIDS), regardless of whether the testing is
related to a primary diagnosis. 
   SEC. 3.   SEC. 2.   Section 10123.91 is
added to the Insurance Code, to read:
   10123.91.  (a) On or after January 1, 2009, every insurer that
issues, amends, or renews an individual or group policy of health
insurance that covers hospital, medical, or surgical expenses shall
 offer   provide  coverage for the testing
for human immunodeficiency virus (HIV) antibodies and for acquired
immune deficiency syndrome (AIDS) regardless of whether the testing
is related to a primary diagnosis.
   (b) It shall remain within the sole discretion of the health
insurer as to the provider of the testing with which it chooses to
contract. Reimbursement shall be provided according to the respective
principles and policies of the health insurer. 
  SEC. 4.    Section 14132.33 is added to the
Welfare and Institutions Code, to read:
   14132.33.  The testing of human immunodeficiency virus (HIV)
antibodies and for acquired immune deficiency syndrome (AIDS)
regardless of whether the testing is related to a primary diagnosis
is a covered service under this chapter. 
   SEC. 5.   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.