BILL NUMBER: AB 2899	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Portantino
   (Coauthor: Assembly Member Leno)

                        FEBRUARY 22, 2008

   An act to add Section 120846 to the Health and Safety Code,
relating to public health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2899, as introduced, Portantino. Sexually transmitted diseases:
HIV and AIDS: counseling.
   Existing law requires the State Department of Public Health to
implement and administer various programs relating to treatment of
persons with human immunodeficiency virus (HIV) and acquired
immunodeficiency syndrome (AIDS).
   This bill would require the department, no later than July 1,
2009, to develop an HIV counseling program available to all persons
who receive HIV testing at a testing site or clinic, in accordance
with specified requirements, including that the site or clinic
receives state funding for HIV testing. The bill would require that
the counseling program be implemented through contracts entered into
between the department and local health departments and
community-based organizations, in accordance with specified
procedures and requirements. The bill would also require the
department to develop a reimbursement schedule that accurately
reflects the range of services provided under the counseling program,
as specified.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 120846 is added to the Health and Safety Code,
to read:
   120846.  (a) The department shall, no later than July 1, 2009,
develop and implement an HIV counseling program available for all
persons who receive HIV testing at a testing site or clinic. The
counseling program shall be implemented through contracts entered
into between the department and local health departments and
community-based organizations.
   (b) The program shall be implemented in accordance with the
following requirements:
   (1) Counseling shall be available at all HIV testing sites that
receive state funding.
   (2) Based on guidelines developed by the department, testing site
counselors shall determine the degree of counseling that is
appropriate for each person seeking an HIV test, and shall take into
account whether that person has engaged in risk behaviors, is a
repeat tester, and desires counseling.
   (3) A person shall be given the option to decline counseling.
However, if counseling program staff determine that the person will
benefit from counseling, the person shall be encouraged to accept
counseling. No person shall be denied testing or counseling if he or
she requests it.
   (4) A person who is at low risk of HIV infection shall not be
discouraged from being counseled or tested for HIV, and local testing
and counseling programs shall not be encouraged to deny or minimize
access to testing and counseling by any person who is at low risk of
HIV infection.
   (c) The department shall develop a data collection process that
utilizes data effectively and maximizes counselor time with the test
subject. The process shall permit the forms to be self-administered
to the maximum degree possible. The data collection process shall
include the following:
   (1) A risk assessment form that is completed by every person to
help the program determine the degree to which the person needs
counseling.
   (2) A data collection form that is used in the counseling process
shall contain a limited number of questions designed to glean
epidemiological data, and shall be able to be self-administered.
Additional questions can be added to the form by local health
jurisdictions only if approved by the department.
   (3) A form that itemizes services rendered that will be used to
create an invoice to the payer.
   (d) To the degree determined appropriate for the person receiving
counseling pursuant to this section, the counseling may include all
of the following:
   (1) Prevention education, which may be delivered through video,
small group, individual interaction, or other methods, as
appropriate.
   (2) Small group or couples counseling.
   (3) Individual counseling, when requested by the person or when
the counselor determines that the person will be best served by more
focused, comprehensive, and individual sessions.
   (4) Additional counseling for a test subject whose preliminary or
confirmed test result is positive. This additional counseling may
include, as needed by the test subject, emotional support,
information on confirmatory testing, referral to care and treatment
opportunities, and a review of methods to prevent exposing others to
HIV.
   (e) The department shall develop a reimbursement schedule that
accurately reflects the range of services provided under this
section. The reimbursement schedule shall ensure that a contractor is
reimbursed for individual services, and shall provide reimbursement
for the services deemed appropriate for a person receiving services
under this section.