HomeMy WebLinkAboutMINUTES - 01051999 - C43 TO: BOARD OF SUPERVISORS
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FROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR Costa
c. County
DATE: December 10, 1998 �S A .
SUBJECT: LEGISLATION: AB 40 (WAYNE) - FUNDING FOR BREAST CANCER
TREATMENT
SPECIFIC REOUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT a position in support of AB 40 by Assemblyman Wayne, which would
establish and fund the Breast Cancer Treatment Program.
BACKGROUND:
The Board of Supervisors has included in Its 1999 Legislative Program support for
efforts to increase funding for breast cancer awareness, public education, and
treatment.
Assemblyman Howard Wayne of San Diego has introduced AB 40 which, as
introduced, would do all of the following:
• Establish the Breast Cancer Treatment Program.
• Provide that the Program would provide breast cancer treatment services to
uninsured and underinsured women with incomes at or below 200% of the
Federal poverty level.
• Require the State Department of Health Services to administer the Program.
• Require the Department to contract with a private non-profit organization that
meets certain criteria specified in the bill.
CONTINUED ON ATTACHMENT: Y€S SIGNATURE,
X—RECOMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE S
ACTION IJP BOARD ON APPROVED AS RECOMMENDED
dal
VOTE OF SUPERVISORS
�/ I HEREBY CERTIFY THAT THIS IS A TRUE
...Ll.._UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISO THE DATE SHOWN.
ATTESTED '
Contact. HIL BATCHELOR, ESS OF THE BOARD OF
cc' See Page 2 SUPERVISORS AND COUNTY ADMINISTRATOR
BY /' DEPUTY
i
CALIFORNIA LEGISLATURE-1999-00 REGULAR.SESSION
ASSEMBLY BILL No. 40
Introduced by Assembly Member Wayne
December 7, 1998
An act to acid Article 1.5 (commencing with Section 144160)
to Chapter 2 of Part 1 of Division 103 of the Health and Safety
Code, relating to health, making an appropriation therefor,
and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSELS DIGEST
AB 40, as introduced,Wayne. Breast cancer: treatment.
Existing law establishes the Breast Cancer Control
Program, which provides early breast cancer detection
services for uninsured and underinsured women.
This bill would establish the Breast Cancer Treatment
Program for purposes of providing breast cancer treatment
services to uninsured and underinsured women with incomes
at or below 200% of the federal poverty level, and would
require the State Department of Health Services, only when
the Legislature has appropriated funds for the program, to
administer the program and any funds appropriated for the
program. It would further require the department to award
the contract for operation of the program to a bidder that
meets specified eligibility criteria.
in addition, the bill would require the organization
awarded the contract to encourage recipients of benefits
under this program to seek more comprehensive health
coverage through the Major Risk Medical Insurance Program,
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AB 40 -2-
and
""2-"and would authorize the contracting organization, in lieu of
providing reimbursement for breast cancer treatment
services, to provide incentives for recipients to enroll in the
Magor Risk Medical Insurance Program by providing funds to
reduce the individuals' costof participation.
This bill would appropriate the sum of $3,000,000 from the
General Fund to the State Department of Health Services for
the provision of breast cancer treatment services in
accordance with the bill's provisions.
This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: Y3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program.: no.
The people of the State of California do enact as follows:
1 SECTION 1. Article 1.5 (commencing with Section
2 104150) is added to Chapter 2 of Part 1 of Division 103 of
the Health and Safety Code, to read:
4
5 Article 1.5. Breast Cancer Treatment Program
6
7 104160. The Breast Cancer Treatment Program is
8 hereby established for the purposes of providing breast
9 cancer treatment services to uninsured and underinsured
10 women with incomes at or below 200 percent of the
11 federal poverty level. These services shall include, but
12 shall not be limited to, lumpectomy, mastectomy,
13 chemotherapy, hormone therapy, radiotherapy,
14 reconstructive surgery,and breast implant surgery.
15 104151. The program and its funding shall be
16 administered by the State Department of Health
17 Services. The department shall be obligated to administer
18 the program and funds for the program only during a
19 fiscal year in which the Legislature has appropriated
20 funds to the department for this purpose.
21 104162. The department shall award a contract to
22 operate the program to a bidder that is a nonprofit
23 organization established under Section 501(c)(3) of the
-3— AB 40
1 Internal Revenue Code and that meets the following
2 additional eligibility criteria:
3 (a) The organization has at least two consecutive
4 years, or the equivalent, of successful administration of a
5 breast cancer treatment program operated on a
6 statewide level, or servicing a population of at least 500
7 patients.
8 (b) The organization has experience operating a
9 program dedicated to providing services to residents of
10 California diagnosed with primary breast cancer, who are
11 18 years of age or alder, at or below 2010 percent of the
12 federal poverty level, and who are uninsured or
13 underinsured.
14 (c) The organization has operated such a treatment
15 program with administrative costs no higher than 10
16 percent of appropriated program funds, or can
17 demonstrate the ability to do so.
18 (d) The organization has not operated a treatment
19 program designed to maximize the patient population
20 and make treatment choices largely based on pecuniary
21 factors, or that optimizes billing patients for service costs
22 above the established statewide Medi-Cal base rates of
23 reimbursement.
24 (e) The organization has demonstrated ability to
25 accomplish recruitment and commitment of breast
26 cancer treatment providers to work with the program to
27 provide cage at or below established statewide Medi-Cal
28 base rates of reimbursement.
29 1014163. The breast cancer treatment program shall be
30 modeled after other statewide treatment programs and
31 shall include,but shall not be limited to, the following:
32 (a) Coordination of patient services at or below
33 Medi-Cal rates of reimbursement, without collecting
34 premiums from patients, mandating copayments from
35 patients, or balance billing of patients.
36 (b) Statewide availability of services to both women
37 and men.
38 (c) Operation of the program with administrative
39 costs no higher than 10 percent of appropriated program
40 funds.
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AB 40 —4-
1 (d) Coordination with the Breast Cancer Control
2 Program established pursuant to Section 30461.6 of the
3 Revenue and Taxation Code.
4 (e) Provision of case management for each patient, or
5 assurance that case management services are
6 incorporated in provider services for a patient.
7 (f) The establishment of an advisory committee to
8 facilitate, guide, and provide oversight of the program.
9 104164. The contracting organization shall encourage
10 recipients of benefits under this article to seek more
11 comprehensive health coverage through the Major Risk
12 Medical Insurance Program established by Part 6.5
13 (commencing with Section 12700) of Division 2 of the
14 Insurance Code. The contracting organization may, in
15 lieu of providing reimbursement for breast cancer
16 treatment services, provide incentives for recipients to
17 enroll in the Major Risk Medical Insurance Program by
18 providing funds to reduce the individual's cost of
19 participation.
20 SEC. 2. The sum of three million dollars ($3,000,000)
21 is hereby appropriated from the General Fund to the
22 State Department of Health Services for the provision of
23 breast cancer treatment services in accordance with this
24 act.
25 SEC. 3. This act is an urgency statute necessary for the
26 immediate preservation of the public peace, health, or
27 safety within the meaning of Article IV of the
28 Constitution and shall go into immediate effect. The facts
29 constituting the necessity are:
30 In order to provide timely service to those in need of
31 breast cancer treatment services, and because current
32 funding will be exhausted by the end of the 1998-99 fiscal
33 year,it is necessary that this act take effect immediately.
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• Require that the Program be modeled after other statewide treatment
programs and include specified features.
• Require the organization to encourage patients to seek more comprehensive
health coverage through the Major Risk Medical InsuranceProgram.
• Appropriate $3 million for purposes of funding the Program'.
• Include an urgency clause and would, therefore, become effective
immediately upon passage and signature by the Governor.
In view of the fact that AB 40 appears to be consistent with the Board's adopted
Legislative Program, it is recommended that the Board indicate its support of AB 40.
cc: County Administrator
Health Services Director
Public Health Director
Assemblyman Howard Wayne
Room 21703 State Capitol
Sacramento, CA 95814
Les Spahnn
Heim, Noack, Kelly & Spahnn
1121 L Street, Suite 100
Sacramento, CA 95814
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