BILL NUMBER: AB 1894 ENROLLED BILL TEXT PASSED THE SENATE AUGUST 14, 2008 PASSED THE ASSEMBLY AUGUST 19, 2008 AMENDED IN SENATE JUNE 24, 2008 AMENDED IN ASSEMBLY APRIL 7, 2008 INTRODUCED BY Assembly Member Krekorian FEBRUARY 7, 2008 An act to add Section 1367.46 to the Health and Safety Code, and to add Section 10123.91 to the Insurance Code, relating to HIV testing. LEGISLATIVE COUNSEL'S DIGEST AB 1894, 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 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 provide human immunodeficiency virus (HIV) testing, regardless of whether the testing is related to a primary diagnosis. Because this bill would place an additional requirement on health care service plans, the willful violation of which would be a crime, 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. 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 human immunodeficiency virus (HIV) testing, regardless of whether the testing is related to a primary diagnosis. 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 provide coverage for human immunodeficiency virus (HIV) testing, 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. 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.