BILL NUMBER: AB 359	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Nava

                        FEBRUARY 23, 2009

   An act to amend Section 104150 of the Health and Safety Code,
relating to cancer.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 359, as introduced, Nava. Breast and cervical cancer: early
detection screening: digital mammography.
   Under existing law, the State Department of Public Health
participates in a grant program through the federal Centers for
Disease Control and Prevention to provide breast and cervical cancer
early detection screening. Providers participating in the grant
program may only provide screening services to individuals whose
family income does not exceed 200% of the federal poverty level.
   This bill would require digital mammography screening to be
covered when analog mammography services are not available from the
provider. It would permit the department to authorize coverage of
digital mammography screening where digital and analog mammography
are both available.
   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 104150 of the Health and Safety Code is amended
to read:
   104150.  (a) A provider or entity that participates in the grant
made to the department by the federal Centers for Disease Control and
Prevention breast and cervical cancer early detection program
established under Title XV of the Public Health Service Act (42
U.S.C. Sec. 300k et seq.) in accordance with requirements of Section
1504 of that act (42 U.S.C. Sec. 300n) may only render screening
services under the grant to an individual if the provider or entity
determines that the individual's family income does not exceed 200
percent of the federal poverty level.
   (b)  (1)    The department shall provide for
breast cancer and cervical cancer screening services under the grant
at the level of funding budgeted from state and other resources
during the fiscal year in which the Legislature has appropriated
funds to the department for this purpose. These screening services
shall not be deemed to be an entitlement. 
   (2) Digital mammography screening shall be covered when analog
mammography services are not available from the provider. The
department may authorize coverage of digital mammography screening
where digital and analog mammography are both available from the
provider. 
   (c) To implement the federal breast and cervical cancer early
detection program specified in this section, the department may
contract, to the extent permitted by Section 19130 of the Government
Code, with public and private entities, or utilize existing health
care service provider enrollment and payment mechanisms, including
the Medi-Cal program's fiscal intermediary. However, the Medi-Cal
program's fiscal intermediary shall only be  utilized
  used  if services provided under the program are
specifically identified and reimbursed in a manner that does not
claim federal financial reimbursement. Any contracts with, and the
utilization of, the Medi-Cal program's fiscal intermediary shall not
be subject to Chapter 3 (commencing with Section 12100) of Part 2 of
Division 2 of the Public Contract Code. Contracts to implement the
federal breast and cervical cancer early detection program entered
into by the department with entities other than the Medi-Cal program'
s fiscal intermediary shall not be subject to Part 2 (commencing with
Section 10100) of Division 2 of the Public Contract Code.