BILL NUMBER: AB 1640	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Members Evans and Nava

                        JANUARY 11, 2010

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1640, as introduced, Evans. Breast and cervical cancer
screening.
   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. 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 express the intent of the Legislature that the
screening services meet the demand based on eligibility requirements
in place as of December 31, 2009, and would require the department to
notify the Joint Legislative Budget Committee at least 90 days prior
to changing eligibility requirements for services or reducing access
to screening services.
   This bill would also appropriate an unspecified amount to the
department to fund the 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.  The Legislature finds and declares all of the
following:
   (a) The Every Woman Counts program provides breast and cervical
cancer screening services to low-income, uninsured women.
   (b) The State Department of Public Health estimates that the
program serves approximately 350,000 women per year.
   (c) In December 2009, the department announced the following
significant policy changes that went into effect January 1, 2010:
   (1) The minimum age to receive breast cancer screening services
has been raised from 40 years of age to 50 years of age.
   (2) All new enrollment has been frozen for the first six months of
2010.
   (d) The two changes set out in subdivision (c) will deny or delay
services to approximately 100,000 women, putting an estimated 1,000
lives at risk by delaying breast cancer diagnosis.
  SEC. 2.  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) 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. 
   (c) It is the intent of the Legislature that the screening
services provided under this section fully meet the demand based on
eligibility restrictions in place as of December 31, 2009. The
department shall provide notification to the Joint Legislative Budget
Committee at least 90 days prior to changing eligibility
requirements for services or reducing access to screening services.
 
   (c) 
    (d)  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. 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.
  SEC. 3.  There is hereby appropriated the sum of ___ dollars
($____) to the State Department of Public Health to fund 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.