BILL NUMBER: SB 836	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Oropeza

                        JANUARY 4, 2010

   An act to amend Section 104150 of the Health and Safety Code,
relating to breast cancer screening.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 836, as introduced, Oropeza. Breast cancer screening: expanded
coverage.
   Existing law requires the State Department of Public Health to
provide breast cancer and cervical cancer screening services under a
federal grant made under the federal Centers for Disease Control and
Prevention breast and cervical cancer early detection program to
eligible low-income individuals. 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, insofar as consistent with federal law and
without jeopardizing federal funding, require the department to
provide breast cancer screening services to individuals of any age
who are exhibiting symptoms, with a physician's recommendation, and
individuals 40 years of age or older, provided the individual
otherwise meets the state eligibility requirements.
   This bill would appropriate $____ to fund the breast and cervical
cancer early detection 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.  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)  (1)    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. 
   (2) Insofar as consistent with federal law and without
jeopardizing federal funding for the program, the department shall
provide breast cancer screening services to individuals of any age
who are symptomatic, with a physician recommendation, and to
individuals who are 40 years of age or older, provided that the
individual otherwise meets the state eligibility requirements
described in this section. 
   (c) 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   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. 2.  An appropriation is hereby made from the General Fund in
the amount of ____ dollars ($____) 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.