BILL NUMBER: AB 16	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 28, 2008
	AMENDED IN SENATE  JULY 5, 2007
	AMENDED IN ASSEMBLY  JUNE 5, 2007
	AMENDED IN ASSEMBLY  MAY 2, 2007
	AMENDED IN ASSEMBLY  APRIL 16, 2007
	AMENDED IN ASSEMBLY  APRIL 11, 2007
	AMENDED IN ASSEMBLY  MARCH 5, 2007
	AMENDED IN ASSEMBLY  FEBRUARY 9, 2007

INTRODUCED BY   Assembly Member  Hernandez  
Evans 
    (   Principal coauthor:   Assembly Member
  Hernandez   ) 

                        DECEMBER 4, 2006

    An act to amend Section 48980 of, and to add Section
48986 to, the Education Code, and to repeal Sections 120325, 120330,
and 120340 of, and to repeal and add Sections 120335 and 120365 of,
the Health and Safety Code, relating to pupil immunizations.
  An act to amend Section 1367.66 of the Health and
Safety Code, and to amend Section 10123.18 of the Insurance Code,
relating to health care coverage. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 16, as amended,  Hernandez   Evans  .
 Pupil immunizations.   Human papillomavirus
vaccinati   on.  
   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 plan and a health insurer that include coverage for
the treatment or surgery of cervical cancer are deemed to provide
coverage, upon the referral of a patient's physician and surgeon, a
nurse practitioner, or a certified nurse midwife providing care to
the patient and operating within the scope of practice permitted for
the licensee, for an annual cervical cancer screening test. 

   This bill would instead require the referral to be from the
licensed health care practitioner who is providing care to the
patient and operating within the scope of practice permitted for the
licensee. The bill would also expand the coverage to include a human
papillomavirus vaccination, as specified.  
   Because the bill would specify an additional requirement for a
health care service plan, 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 prohibits the governing authority of a school or
other institution from unconditionally admitting any person as a
pupil of any private or public elementary or secondary school, child
care center, day nursery, nursery school, family day care home, or
development center, unless prior to his or her first admission to
that institution he or she has been fully immunized against various
diseases.  
   The bill would, commencing July 1, 2009, revise the list of
institutions that are subject to the prohibition, and would require
the State Public Health Officer to create a list of diseases for
which immunization shall be required prior to entry into those
institutions.  
   The bill would also, commencing July 1, 2009, require the State
Department of Public Health to annually publish on its Web site the
list of immunizations that are required under these provisions, and
to adopt regulations as necessary to administer the immunization
requirements by July 1, 2010.  
   This bill would, commencing July 1, 2009, require the State
Department of Education, in coordination with the State Department of
Public Health, to make available to school districts related
informational materials.  
   Existing law requires at the beginning of the first semester or
quarter, the governing board of each school district to notify
parents or guardians of minor pupils of specified rights and
responsibilities of the parent or guardian.  
   The bill would, commencing July 1, 2009, require the notice to
also advise the parent or guardian of the immunization requirements
developed by the State Public Health Officer pursuant to the
above-described provisions, as specified.  
   By increasing the duties of local school districts, this bill
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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 1367.66 of the  
Health and Safety Code   is amended to read: 
   1367.66.   (a)    Every individual or group
health care service plan contract, except for a specialized health
care service plan, that is issued, amended, or renewed, on or after
January 1, 2002, and that includes coverage for treatment or surgery
of cervical cancer shall also be deemed to provide coverage for an
annual cervical cancer screening test upon the referral of the
 patient's physician and surgeon, a nurse practitioner, or
certified nurse midwife,   licensed health care
practitioner who is  providing care to the patient and operating
within the scope of practice  otherwise  permitted
for the licensee.
   The coverage for an annual cervical cancer screening test provided
pursuant to this section shall include the conventional Pap test, a
human papillomavirus screening test that is approved by the federal
Food and Drug Administration, and the option of any cervical cancer
screening test approved by the federal Food and Drug Administration,
upon the referral of the  patient's   licensed
 health care  provider   practitioner who
is providing care to the patient and o   perating within the
scope of practice permitted for the licensee  . 
   (b) Every individual or group health care service plan contract,
except for a specialized health care service plan, that is issued,
amended, or renewed on or after January 1, 2009, and that includes
coverage for treatment or surgery of cervical cancer shall also be
deemed to provide coverage for a human papillomavirus vaccination
upon the referral of the licensed health care practitioner who is
providing care to the patient and operating within the scope of
practice permitted for the licensee, in accordance with the
recommendations of the Advisory Committee on Immunization Practices
to the Centers of Disease Control and Prevention.  
   Nothing 
    (c)     Nothing  in this section shall
be construed to establish a new mandated benefit or to prevent
application of deductible or copayment provisions in an existing plan
contract.  The Legislature intends in this section to
provide that cervical cancer screening services are deemed to be
covered if the plan contract includes coverage for cervical cancer
treatment or surgery. 
   SEC. 2.    Section 10123.18 of the  
Insurance Code   is amended to read: 
   10123.18.  (a) Every individual or group policy of health
insurance that provides coverage for hospital, medical, or surgical
benefits, that is issued, amended, or renewed, on or after January 1,
2002, and that includes coverage for treatment or surgery of
cervical cancer shall also be deemed to provide coverage, upon the
referral of  a patient's physician and surgeon, a nurse
practitioner, or a certified nurse midwife,   the
licensed health care practitioner who is  providing care to the
patient and operating within the scope of practice  otherwise
 permitted for the licensee, for an annual cervical cancer
screening test.
   The coverage for an annual cervical cancer screening test provided
pursuant to this section shall include the conventional Pap test, a
human papillomavirus screening test that is approved by the federal
Food and Drug Administration, and the option of any cervical cancer
screening test approved by the federal Food and Drug Administration,
upon the referral of the patient's   licensed
 health care  provider   practitioner who
is providing care to the patient and operating within the scope of
practice permitted for the licensee  . 
   (b) Every individual or group policy of health insurance that
provides coverage for hospital, medical, or surgical benefits, that
is issued, amended, or renewed, on or after January 1, 2009, and that
includes coverage for treatment or surgery of cervical cancer shall
also be deemed to provide coverage for a human papillomavirus
vaccination upon the referral of the licensed health care
practitioner who is providing care to the patient and operating
within the scope of practice permitted for the licensee, in
accordance with the recommendations of the Advisory Committee on
Immunization Practices to the Centers of Disease Control and
Prevention.  
   Nothing 
    (c)     Nothing  in this section shall
be construed to require an individual or group policy to cover
treatment or surgery for cervical cancer or to prevent application of
deductible or copayment provisions contained in the policy or
certificate, nor shall this section be construed to require that
coverage under an individual or group policy be extended to any other
procedures. 
   (b) 
    (d)  This section shall not apply to vision only, dental
only, accident only, specified disease, hospital indemnity, Medicare
supplement, CHAMPUS supplement, long-term care, or disability income
insurance. For accident only, hospital indemnity, or specified
disease insurance, coverage for benefits under this section shall
apply only to the extent that the benefits are covered under the
general terms and conditions that apply to all other benefits under
the policy or certificate. Nothing in this section shall be construed
as imposing a new benefit mandate on accident only, hospital
indemnity, or specified disease insurance.
   SEC. 3.    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.  All matter omitted in this version of
the bill appears in the bill as amended in Senate, July 5, 2007
(JR11)