BILL NUMBER: AB 428	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 27, 2011

INTRODUCED BY   Assembly Member Portantino
    (   Coauthor:   Assembly Member  
Mendoza   ) 
    (   Coauthor:   Senator   Evans
  ) 

                        FEBRUARY 14, 2011

   An act to add Section 1374.551 to the Health and Safety Code, and
to add Section 10119.61 to the Insurance Code, relating to health
care coverage.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 428, as amended, Portantino. Health care coverage: fertility
preservation.
   Existing law, the Knox-Keene Health Care Service Plan Act of 1975,
provides for the licensure and regulation of health care service
plans by the Department of Managed Health Care and makes a 
willful  violation of the act a crime. Existing law also
provides for the regulation of health insurers by the Department of
Insurance. Under existing law, a health care service plan and a
health insurer are required to offer group coverage for the treatment
of infertility, as defined.
   This bill would require a health care service plan and a health
insurer to provide, on a group and individual basis, coverage for
medically necessary expenses for standard fertility preservation
services when a necessary medical treatment may directly or
indirectly cause iatrogenic infertility to an enrollee or insured.
   Because the bill would specify additional requirements for a
health care service plan under the act, 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 1374.551 is added to the Health and Safety
Code, to read:
   1374.551.  Every group or individual health care service plan that
is issued, amended, or renewed on and after January 1, 2012, that
provides hospital, medical, or surgical coverage shall include
coverage for medically necessary expenses for standard fertility
preservation services when a necessary medical treatment may directly
or indirectly cause iatrogenic infertility to an enrollee.
  SEC. 2.  Section 10119.61 is added to the Insurance Code, to read:
   10119.61.  Every health insurer that issues, amends, or renews a
policy on and after January 1, 2012, that covers hospital, medical,
or surgical expenses on a group or individual basis shall 
offer   include  coverage for medically necessary
expenses for standard fertility preservation services when a
necessary medical treatment may directly or indirectly cause
iatrogenic infertility to an insured.
  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.