BILL NUMBER: SB 836	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 7, 2010

INTRODUCED BY   Senator Oropeza
    (   Principal coauthor:   Senator 
 Alquist   ) 
    (   Principal coauthor:   Assembly Member
  Evans   ) 
    (   Coauthors:   Senators  
DeSaulnier,   Hancock,   Leno,   Padilla,
  Romero,   and Wiggins   ) 
    (   Coauthors:   Assembly Members 
 Blumenfield,   Buchanan,   Coto,  
Huffman,   Hill,   Lieu,   Ma,  
Portantino,   Salas,   Saldana,   Torres,
  and Torrico   ) 

                        JANUARY 4, 2010

   An act to amend Section 104150 of the Health and Safety Code,
relating to breast cancer screening  , and making an
appropriation therefor  .



	LEGISLATIVE COUNSEL'S DIGEST


   SB 836, as amended, Oropeza. Breast cancer screening: expanded
coverage.
   Existing law requires the State Department of Public Health to
provide breast cancer and cervical cancer screening services  to
eligible low-income individuals  under a federal grant made
under the federal Centers for Disease Control and Prevention breast
and cervical cancer early detection program  to eligible
low-income individuals  . Funding for these services is
provided by a combination of federal and state moneys.
   Existing law requires these services to be provided 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.
   This bill would, insofar as consistent with federal law and
without jeopardizing federal funding, require the department to
provide breast cancer screening  and diagnostic  services to
individuals of any age who are exhibiting symptoms, with a physician'
s recommendation, and individuals 40 years of age or older, provided
the individual otherwise meets the state eligibility requirements.
   This bill would appropriate  $____ to fund  
an unspecified amount to the department for  the breast and
cervical cancer early detection program.
   Vote: 2/3. Appropriation: yes. 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) Insofar as consistent with federal law and without
jeopardizing federal funding for the program, the department shall
provide breast cancer screening  and diagnostic  services to
individuals of any age who are symptomatic, with a physician
recommendation, and to individuals who are 40 years of age or older,
provided that the individual otherwise meets the state eligibility
requirements described in this section.
   (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 if services
provided under the program are specifically identified and reimbursed
in a manner that does not claim federal financial reimbursement.
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. 
  SEC. 2.    An appropriation is hereby made from
the General Fund in the amount of ____ dollars ($____) to fund the
breast and 
   SEC. 2.    There is hereby appropriated from the
General Fund to the State Department of Public Health, the sum of
____ dollars ($____) for the breast and  cervical cancer early
detection program created in Article 1.3 (commencing with Section
104150) of Chapter 2 of Part 1 of Division 103 of the Health and
Safety Code.