BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 137
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 137 (Portantino)
          As Amended August 22, 2012
          Majority vote
           
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          |ASSEMBLY:  |71-0 |(January 26,    |SENATE: |36-0 |(August 28,    |
          |           |     |2012)           |        |     |2012)          |
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           Original Committee Reference:    HEALTH  

           SUMMARY  :  Requires every individual or group policy of health 
          insurance to provide coverage for mammography, for screening or 
          diagnostic purposes, upon the referral by a participating nurse 
          practitioner, participating certified nurse-midwife, 
          participating physician assistant, or participating physician, 
          as specified, based on medical need regardless of age.

           The Senate amendments  :

          1)Delete all reference to health care service plan contracts 
            covered under the Knox-Keene Health Care Service Plan Act of 
            1975 (Knox-Keene).  

          2)Delete the age guidelines for mammography coverage for 
            screening or diagnostic purposes currently in statute for 
            individual or group policy health insurance regulated under 
            the California Department of Insurance (CDI).

          3)Delete the requirement for individual or group policy health 
            insurers, after July 1, 2013, to provide subscribers and 
            policyholders with information regarding recommended timelines 
            for breast cancer screening or diagnosis through written 
            letter, publication in a newsletter, publication in evidence 
            of coverage, direct telephone call, electronic transmission, 
            web-based portal containing various plan and benefit 
            information (if the enrollee or insured has access to that 
            portal), or by any other means that will reasonably notify the 
            enrollee or insured of  recommended timelines for testing.  

           EXISTING LAW  :

          1)Establishes Knox-Keene to regulate and license health plans 
            and specialized health plans by the Department of Managed 








                                                                  AB 137
                                                                  Page  2

            Health Care and provides for the regulation of health insurers 
            by CDI.

          2)Requires health plans to cover mammography for screening or 
            diagnostic purposes upon the referral of the patient's 
            physician, nurse practitioner, or certified nurse-midwife.

          3)Requires health insurance policies to provide coverage for a 
            baseline mammogram for women age 35-39, inclusive; a mammogram 
            for women age 40-49, inclusive, every two years or more, 
            depending on a physician's recommendation; and, a mammogram 
            every year for women age 50 and over; for breast cancer 
            screening or diagnostic purposes.

           AS PASSED BY THE ASSEMBLY  , this bill was substantially similar 
          to the version as passed by the Senate.

           FISCAL EFFECT  :  According to the Senate Appropriations 
          Committee, pursuant to Senate Rule 28.8, negligible state costs.

           COMMENTS  :  According to the author, this bill is needed to 
          remove the age-based utilization of mammograms contained in the 
          Insurance Code.  The author believes that a woman's decision to 
          have a mammogram should be based upon the specific risks of the 
          woman and in consultation with her physician, rather than 
          dictated by statute based on her age.
           

          Analysis Prepared by  :    Tanya Robinson-Taylor / HEALTH / (916) 
          319-2097 


          FN: 0005527