BILL NUMBER: AB 1640 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 28, 2010
INTRODUCED BY Assembly Members Evans and Nava
( Principal coauthor: Senator
Oropeza )
( Coauthors: Assembly Members
Hall, Jones, Saldana, and
Torres )
( Coauthor: Senator Wiggins
)
JANUARY 11, 2010
An act to amend Section 104150 of , and to add Section 104151
to, the Health and Safety Code, relating to cancer screening
, and making an appropriation therefor .
LEGISLATIVE COUNSEL'S DIGEST
AB 1640, as amended, 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 specify that
funding for the program is contingent upon an appropriation by the
Legislature .
Vote: 2/3 majority . Appropriation:
yes no . 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.
(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.
SEC. 3. Section 104151 is added to the
Health and Safety Code , to read:
104151. Funding for the program provided for under this article
is contingent on an appropriation in the annual Budget Act or other
measure.