BILL NUMBER: AB 1047	CHAPTERED  09/27/99

	CHAPTER   497
	FILED WITH SECRETARY OF STATE   SEPTEMBER 27, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 27, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 2, 1999
	PASSED THE SENATE   AUGUST 30, 1999
	AMENDED IN SENATE   AUGUST 18, 1999
	AMENDED IN SENATE   AUGUST 16, 1999
	AMENDED IN ASSEMBLY   MAY 28, 1999
	AMENDED IN ASSEMBLY   APRIL 27, 1999

INTRODUCED BY   Assembly Member Firebaugh

                        FEBRUARY 25, 1999

   An act to add Sections 120966 and 120968 to the Health and Safety
Code, relating to AIDS.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1047, Firebaugh.  AIDS:  drug treatments.
   Existing law requires the State Department of Health Services to
establish a program to provide drug treatments to persons infected
with HIV.  Existing law requires the department to develop, maintain,
and update a list of drugs to be provided under the program.
Existing law requires the department to establish uniform standards
of financial eligibility for the drugs under the program.
   This bill would require the program to make available to any
eligible person any antiviral drug that is approved by the federal
Food and Drug Administration for treatment of HIV or AIDS, prescribed
by the beneficiary's medical care provider, and approved by the AIDS
Drug Assistance Program Medical Advisory Committee of the Office of
AIDS, subject to certain determinations and analysis by the
department.  The bill would require any antiviral drug approved for
addition to the formulary of the program to be available to patients
covered by the program within 30 days of the office being notified by
the drug's manufacturer of the approval.
   This bill would also require the Office of AIDS within the
department to report certain information regarding the program's
administration to the Legislature by October 1, 2000.


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


  SECTION 1.  Section 120966 is added to the Health and Safety Code,
to read:
   120966.  (a) (1) The program established under this chapter shall
make available to any eligible person under this chapter any
antiviral drug that is approved by the federal Food and Drug
Administration for treatment of human immunodeficiency virus (HIV) or
acquired immune deficiency syndrome (AIDS), prescribed by the
beneficiary's medical care provider, and approved by the AIDS Drug
Assistance Program Medical Advisory Committee of the Office of AIDS
if determined by the State Department of Health Services that the new
antiviral drug would be used as an additional treatment option, and
anticipated client utilization represents no significant additional
cost to the program and does not require the removal of another
antiviral drug from the formulary.
   (2) Any federal Food and Drug Administration-approved antiviral
drug that is determined by the State Department of Health Services to
represent a significant additional cost to the program shall be made
available if, after an analysis is conducted by the department, it
determines that the program has an adequate budget to fund the
addition of the new drug.
   (3) The department shall use all reasonable means to ensure that
the determination required in paragraph (1) or the analysis required
by paragraph (2) are performed as promptly as possible.
   (b) Notwithstanding any other provision of law, any antiviral drug
that is approved pursuant to paragraph (1) of subdivision (a) for
addition to the formulary of drugs program established by this
chapter shall be available to patients covered by the program
established by this chapter within 30 days of the Office of AIDS
being notified by the drug's manufacturer of the FDA approval.
  SEC. 2.  Section 120968 is added to the Health and Safety Code, to
read:
   120968.  The Office of AIDS shall report to the Legislature no
later than October 1, 2000, the status of consumer protections for
the AIDS drug program established pursuant to this chapter, including
a report on the contractor's performance in each of the following
areas:
   (a) Filling of patient prescriptions within 24 hours of
submission, and shipping of mail order prescriptions within 48 hours.

   (b) Subcontracting with any willing provider, including a report
on any denials of contracts with providers and the reason for denial.

   (c) Provision of information regarding program policies,
procedures, enrollment procedures, eligibility guidelines, and lists
of drugs covered in appropriate literacy levels in English, Spanish,
Mandarin/Cantonese, Tagalog, and in other languages as determined by
the department.
   (d) Development of a timely and accessible grievance procedure for
clients, promotion of that procedure among clients, and utilization.