BILL NUMBER: AB 113 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 4, 2010
AMENDED IN ASSEMBLY APRIL 28, 2009
INTRODUCED BY Assembly Member Portantino
JANUARY 13, 2009
An act to add Section 118.2 to the Streets and Highways
Code, relating to highways, and declaring the urgency thereof, to
take effect immediately. An act to amend Section
1367.65 of, and to add Section 1367.651 to, the Health and Safety
Code, and to amend Section 10123.81 of, and to add Section 10123.815
to, the Insurance Code, relating to health care coverage.
LEGISLATIVE COUNSEL'S DIGEST
AB 113, as amended, Portantino. Highways: Route 710: sale
of property. Health care coverage: mammographies.
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 contract, except a
specialized health care service plan contract, that is issued,
amended, delivered, or renewed on or after January 1, 2000, is deemed
to provide coverage for mammography for screening or diagnostic
purposes upon referral by a participating nurse practitioner,
participating certified nurse-midwife, or participating physician,
providing care to the patient and operating within the scope of
practice provided under existing law. Under existing law, an
individual or group policy of disability insurance that is issued,
amended, delivered, or renewed on or after January 1, 2000, is deemed
to provide specified coverage based upon age for mammography for
screening or diagnostic purposes upon referral by a participating
nurse practitioner, participating certified nurse-midwife, or
participating physician, providing care to the patient and operating
within the scope of practice provided under existing law.
This bill would provide that health care service plan contracts
and individual or group policies of health insurance issued, amended,
delivered, or renewed on or after July 1, 2011, shall be deemed to
provide coverage for mammographies for screening or diagnostic
purposes upon referral of a participating nurse practitioner,
participating certified nurse-midwife, participating physician
assistant, or participating physician, as specified. The bill would,
commencing July 1, 2011, require plans and insurers subject to these
provisions to provide subscribers or policyholders with information
regarding recommended timelines for an individual to undergo tests
for the screening or diagnosis of breast cancer, as specified.
Because this bill would specify additional requirements for health
care service plans, the willful violation of which would be a crime,
it 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.
Existing law authorizes the Department of Transportation to
acquire real property for state highway purposes. Existing law
specifies various procedures to be followed by the department when it
determines that real property acquired for state highway purposes is
no longer necessary for those purposes, generally under terms and
conditions established by the California Transportation Commission.
Existing law establishes specific procedures for the sale by public
agencies of surplus residential property, under which property may be
sold at less than fair market value in certain cases.
This bill would require the department to sell the real property
it owns relative to the unconstructed portion of State Highway Route
710 in Los Angeles County located to the north of State Highway Route
10, with residential property to be sold using the process for sale
of surplus residential real property, except that property occupied
since at least January 1, 2004, by a school or nonprofit organization
would first be offered to the occupant.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3 majority . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1367.65 of the
Health and Safety Code is amended to read:
1367.65. (a) On or after January 1, 2000, every health care
service plan contract, except a specialized health care service plan
contract, that is issued, amended, delivered, or renewed shall be
deemed to provide coverage for mammography for screening or
diagnostic purposes upon referral by a participating nurse
practitioner, participating certified nurse midwife, or participating
physician, providing care to the patient and operating within the
scope of practice provided under existing law.
(b) On or after July 1, 2011, every health care service plan
contract, except a specialized health care service plan contract,
that is issued, amended, delivered, or renewed shall be deemed to
provide coverage for mammography for screening or
diagnostic purposes upon referral by a participating nurse
practitioner, participating certified nurse midwife, participating
physician assistant, or participating physician, providing care to
the patient and operating within the scope of practice provided under
existing law.
(c) Nothing in this section shall be
construed to prevent application of copayment or deductible
provisions in a plan, nor shall this section be construed to require
that a plan be extended to cover any other procedures under an
individual or a group health care service plan contract. Nothing in
this section shall be construed to authorize a plan enrollee to
receive the services required to be covered by this section if those
services are furnished by a nonparticipating provider, unless the
plan enrollee is referred to that provider by a participating
physician nurse practitioner, or certified nurse midwife
provider identified in subdivision (a) or (b), as
applicable, providing care to the patient .
SEC. 2. Section 1367.651 is added to the
Health and Safety Code , to read:
1367.651. Commencing July 1, 2011, a health care service plan
subject to Section 1367.6 or 1367.65 shall provide a subscriber with
information regarding recommended timelines for an individual to
undergo tests for the screening or diagnosis of breast cancer. This
information may be provided by written letter sent to the subscriber,
by publication in a newsletter sent to the subscriber, by
publication in evidence of coverage, by direct telephone call to the
subscriber, by electronic transmission, by Web-based portal
containing various plan and benefit information if the subscriber has
access to that portal, or by any other means that will reasonably
notify the subscriber of the recommended timelines for testing.
Communications made by a plan's contracted providers that satisfy the
requirements of this section shall constitute compliance by the plan
with this section.
SEC. 3. Section 10123.81 of the
Insurance Code is amended to read:
10123.81. (a) On or after January 1, 2000,
every individual or group policy of disability insurance or
self-insured employee welfare benefit plan that is issued, amended,
or renewed, shall be deemed to provide coverage for at least the
following, upon the referral of a nurse practitioner, certified
nurse-midwife, or physician, providing care to the patient and
operating within the scope of practice provided under existing law
for breast cancer screening or diagnostic purposes:
(a)
(1) A baseline mammogram for women age 35 to
39, inclusive.
(b)
(2) A mammogram for women age 40 to 49,
inclusive, every two years or more frequently based on the women's
physician's recommendation.
(c)
(3) A mammogram every year for women age 50
and over.
(b) On or after July 1, 2011, every individual or group policy of
health insurance that is issued, amended, delivered, or renewed shall
be deemed to provide coverage for mammography for screening or
diagnostic purposes upon referral by a participating nurse
practitioner, participating certified nurse-midwife, participating
physician assistant, or participating physician, providing care to
the patient and operating within the scope of practice provided under
existing law.
Nothing
(c) Nothing in this section shall
be construed to require an individual or group policy to cover the
surgical procedure known as mastectomy or to prevent application of
deductible or copayment provisions contained in the policy or plan,
nor shall this section be construed to require that coverage under an
individual or group policy be extended to any other procedures.
Nothing
(d) Nothing in this section shall
be construed to authorize an insured or plan member to receive the
coverage required by this section if that coverage is furnished by a
nonparticipating provider, unless the insured or plan member is
referred to that provider by a participating physician nurse
practitioner, or certified nurse midwife provider
identified in subdivision (a) or (b), as applicable, providing
care to the patient .
(e) This section shall not apply to specialized health insurance,
Medicare supplement insurance, short-term limited duration health
insurance, CHAMPUS supplement insurance, TRI-CARE supplement
insurance, or to hospital indemnity, accident-only, or specified
disease insurance.
SEC. 4. Section 10123.815 is added to the
Insurance Code , to read:
10123.815. (a) Commencing July 1, 2011, a health insurer subject
to Section 10123.8 or 10123.81 shall provide a policyholder with
information regarding recommended timelines for an individual to
undergo tests for the screening or diagnosis of breast cancer. This
information may be provided by written letter sent to the
policyholder, by publication in a newsletter sent to the
policyholder, by publication in evidence of coverage, by direct
telephone call to the policyholder, by electronic transmission, by
Web-based portal containing various plan or policy and benefit
information if the policyholder has access to that portal, or by any
other means that will reasonably notify the policyholder of the
recommended timelines for testing. Communications made by an insurer'
s contracted providers that satisfy the requirements of this section
shall constitute compliance by the insurer with this section.
(b) This section shall not apply to specialized health insurance,
Medicare supplement insurance, short-term limited duration health
insurance, CHAMPUS supplement insurance, TRI-CARE supplement
insurance, or to hospital indemnity, accident-only, or specified
disease insurance.
SEC. 5. 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.
SECTION 1. The Legislature finds and declares
all of the following:
(a) Beginning in the 1950s, the Department of Transportation
(Caltrans) began acquiring property by eminent domain for the purpose
of extending the Long Beach Freeway (Route 710) through Alhambra, El
Sereno, South Pasadena, and Pasadena, but when local opposition
stalled the project, Caltrans began renting the residential
properties in the interim.
(b) Over 50 years later, there continue to be over 500 residential
properties along the uncompleted 710 corridor within the communities
of Pasadena, South Pasadena, and El Sereno, including 95 "historic"
homes, whose current tenants represent an economically and ethnically
diverse group of families having an average tenancy of 20 years.
(c) A series of articles published in October 2006 by the Orange
County Register brought to light how Caltrans' appetite for property
acquisition has turned neighborhoods into eyesores and deprived local
government of millions of dollars in property taxes.
(d) Those articles prompted a legislative hearing leading to the
discovery that not only was Caltrans negligent in its maintenance of
the properties, but that it lacked a comprehensive and accurate
surplus property inventory.
(e) According to a Bureau of State Audits report, "California's
agencies have not developed and implemented property inventory
systems that serve as effective management tools for real property or
that provide reliable reports. Neither General Services nor Caltrans
has complete, accurate databases that would aid them in managing
real property."
(f) Caltrans has publicly stated numerous times its desire to exit
the property management business and has mentioned the sale of these
properties as one means of achieving that goal.
(g) According to a report by the State Auditor, "When such
properties sit idle, the State does not benefit from funds it would
receive by selling or leasing these properties, and it may incur
unnecessary maintenance costs. Moreover, until leased or sold, these
properties are not available for other purposes, such as housing,
parks, or open space."
(h) According to an estimate by the Southern California
Association of Governments, the sale of the properties along the
uncompleted 710 corridor would generate five hundred million dollars
($500,000,000) that could be used to fund vital state programs,
especially during these difficult economic times.
(i) The Legislature has repeatedly found that the revenues derived
from disposition of surplus properties owned by state agencies
should be utilized to further state policies.
(j) Beginning with Section 54235 of the Government Code (also
referred to as the Roberti Bill), the Legislature has found that land
acquisition for highways has contributed to the severe shortage of
affordable housing, as well as to the disruption of neighborhoods and
communities, and has reaffirmed that the provision of decent housing
for all Californians is a state goal of the highest priority.
SEC. 2. Section 118.2 is added to the Streets
and Highways Code, to read:
118.2. Notwithstanding any other provision of law, the department
shall sell the real property it owns relative to the unconstructed
portion of State Highway Route 710 in Los Angeles County located to
the north of State Highway Route 10. Any residential real property to
be sold pursuant to this section shall be sold using the process for
sale of surplus residential property set forth in Article 8.35
(commencing with Section 54235) of Chapter 5 of Part 1 of Division 2
of Title 5 of the Government Code, except that, with respect to
property occupied since at least January 1, 2004, by a school or a
nonprofit organization, the occupant shall be offered the right of
first refusal to purchase the property.
SEC. 3. This act is an urgency statute
necessary for the immediate preservation of the public peace, health,
or safety within the meaning of Article IV of the Constitution and
shall go into immediate effect. The facts constituting the necessity
are:
In order to address the state's fiscal crisis as quickly as
possible, it is necessary that this act take effect immediately.