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.