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1 | + | Amended IN Senate March 09, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 324Introduced by Senator LimnFebruary 06, 2023 An act to add Section 1367.17 to the Health and Safety Code, and to add Section Sections 10123.186 and 14132.04 to the Insurance Code, relating to health care coverage. LEGISLATIVE COUNSEL'S DIGESTSB 324, as amended, Limn. Health care coverage: prior authorization. endometriosis.Existing(1) 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 provides for the regulation of health insurers by the Department of Insurance. Existing law generally authorizes a health care service plan or health insurer to use prior authorization and other utilization review functions, under which a licensed physician or a licensed health care professional who is competent to evaluate specific clinical issues may approve, modify, delay, or deny requests for health care services based on medical necessity.This bill would prohibit a health care service plan contract or health insurance policy issued, amended, delivered, or renewed on or after January 1, 2024, from requiring prior authorization or other utilization review for laparoscopic surgery for endometriosis. Because a willful violation of these provisions by a health care service plan would be a crime, the bill would impose a state-mandated local program.(2) Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law sets forth a schedule of benefits under the Medi-Cal program.This bill would add laparoscopic surgery for endometriosis as a covered benefit under Medi-Cal without prior authorization or other utilization review.The(3) 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1367.17 is added to the Health and Safety Code, to read:1367.17. A health care service plan contract issued, amended, delivered, or renewed on or after January 1, 2024, shall not require prior authorization or other utilization review for laparoscopic surgery for endometriosis.SEC. 2. Section 10123.186 is added to the Insurance Code, to read:10123.186. A health insurance policy issued, amended, delivered, or renewed on or after January 1, 2024, shall not require prior authorization or other utilization review for laparoscopic surgery for endometriosis.SEC. 3. Section 14132.04 is added to the Welfare and Institutions Code, to read:14132.04. Laparoscopic surgery for endometriosis shall be a covered Medi-Cal benefit without prior authorization or other utilization review.SEC. 3.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
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3 | - | ||
3 | + | Amended IN Senate March 09, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 324Introduced by Senator LimnFebruary 06, 2023 An act to add Section 1367.17 to the Health and Safety Code, and to add Section Sections 10123.186 and 14132.04 to the Insurance Code, relating to health care coverage. LEGISLATIVE COUNSEL'S DIGESTSB 324, as amended, Limn. Health care coverage: prior authorization. endometriosis.Existing(1) 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 provides for the regulation of health insurers by the Department of Insurance. Existing law generally authorizes a health care service plan or health insurer to use prior authorization and other utilization review functions, under which a licensed physician or a licensed health care professional who is competent to evaluate specific clinical issues may approve, modify, delay, or deny requests for health care services based on medical necessity.This bill would prohibit a health care service plan contract or health insurance policy issued, amended, delivered, or renewed on or after January 1, 2024, from requiring prior authorization or other utilization review for laparoscopic surgery for endometriosis. Because a willful violation of these provisions by a health care service plan would be a crime, the bill would impose a state-mandated local program.(2) Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law sets forth a schedule of benefits under the Medi-Cal program.This bill would add laparoscopic surgery for endometriosis as a covered benefit under Medi-Cal without prior authorization or other utilization review.The(3) 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
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5 | - | ||
5 | + | Amended IN Senate March 09, 2023 | |
6 | 6 | ||
7 | - | Amended IN Senate March 30, 2023 | |
8 | 7 | Amended IN Senate March 09, 2023 | |
9 | 8 | ||
10 | 9 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
11 | 10 | ||
12 | 11 | Senate Bill | |
13 | 12 | ||
14 | 13 | No. 324 | |
15 | 14 | ||
16 | 15 | Introduced by Senator LimnFebruary 06, 2023 | |
17 | 16 | ||
18 | 17 | Introduced by Senator Limn | |
19 | 18 | February 06, 2023 | |
20 | 19 | ||
21 | - | An act to add Section 1367.17 to the Health and Safety Code, and to add Sections 10123.186 and 14132.04 to the Insurance Code, | |
20 | + | An act to add Section 1367.17 to the Health and Safety Code, and to add Section Sections 10123.186 and 14132.04 to the Insurance Code, relating to health care coverage. | |
22 | 21 | ||
23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
24 | 23 | ||
25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
26 | 25 | ||
27 | - | SB 324, as amended, Limn. Health care coverage: endometriosis. | |
26 | + | SB 324, as amended, Limn. Health care coverage: prior authorization. endometriosis. | |
28 | 27 | ||
29 | - | (1) 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 provides for the regulation of health insurers by the Department of Insurance. Existing law generally authorizes a health care service plan or health insurer to use prior authorization and other utilization review functions, under which a licensed physician or a licensed health care professional who is competent to evaluate specific clinical issues may approve, modify, delay, or deny requests for health care services based on medical necessity.This bill would prohibit a health care service plan contract or health insurance policy issued, amended, delivered, or renewed on or after January 1, 2024, from requiring prior authorization or other utilization review for laparoscopic surgery for endometriosis. any clinically indicated treatment for endometriosis, as determined by the treating physician and consistent with nationally recognized evidence-based clinical guidelines. Because a willful violation of these provisions by a health care service plan would be a crime, the bill would impose a state-mandated local program.(2) Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law sets forth a schedule of benefits under the Medi-Cal program.This bill would add laparoscopic surgery for endometriosis any clinically indicated treatment for endometriosis, as determined by the treating physician and consistent with nationally recognized evidence-based clinical guidelines, as a covered benefit under Medi-Cal without prior authorization or other utilization review.(3) 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. | |
28 | + | Existing(1) 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 provides for the regulation of health insurers by the Department of Insurance. Existing law generally authorizes a health care service plan or health insurer to use prior authorization and other utilization review functions, under which a licensed physician or a licensed health care professional who is competent to evaluate specific clinical issues may approve, modify, delay, or deny requests for health care services based on medical necessity.This bill would prohibit a health care service plan contract or health insurance policy issued, amended, delivered, or renewed on or after January 1, 2024, from requiring prior authorization or other utilization review for laparoscopic surgery for endometriosis. Because a willful violation of these provisions by a health care service plan would be a crime, the bill would impose a state-mandated local program.(2) Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law sets forth a schedule of benefits under the Medi-Cal program.This bill would add laparoscopic surgery for endometriosis as a covered benefit under Medi-Cal without prior authorization or other utilization review.The(3) 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. | |
29 | + | ||
30 | + | Existing | |
31 | + | ||
32 | + | ||
30 | 33 | ||
31 | 34 | (1) 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 provides for the regulation of health insurers by the Department of Insurance. Existing law generally authorizes a health care service plan or health insurer to use prior authorization and other utilization review functions, under which a licensed physician or a licensed health care professional who is competent to evaluate specific clinical issues may approve, modify, delay, or deny requests for health care services based on medical necessity. | |
32 | 35 | ||
33 | - | This bill would prohibit a health care service plan contract or health insurance policy issued, amended, delivered, or renewed on or after January 1, 2024, from requiring prior authorization or other utilization review for laparoscopic surgery for endometriosis. | |
36 | + | This bill would prohibit a health care service plan contract or health insurance policy issued, amended, delivered, or renewed on or after January 1, 2024, from requiring prior authorization or other utilization review for laparoscopic surgery for endometriosis. Because a willful violation of these provisions by a health care service plan would be a crime, the bill would impose a state-mandated local program. | |
34 | 37 | ||
35 | 38 | (2) Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law sets forth a schedule of benefits under the Medi-Cal program. | |
36 | 39 | ||
37 | - | This bill would add laparoscopic surgery for endometriosis any clinically indicated treatment for endometriosis, as determined by the treating physician and consistent with nationally recognized evidence-based clinical guidelines, as a covered benefit under Medi-Cal without prior authorization or other utilization review. | |
40 | + | This bill would add laparoscopic surgery for endometriosis as a covered benefit under Medi-Cal without prior authorization or other utilization review. | |
41 | + | ||
42 | + | The | |
43 | + | ||
44 | + | ||
38 | 45 | ||
39 | 46 | (3) 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. | |
40 | 47 | ||
41 | 48 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
42 | 49 | ||
43 | 50 | ## Digest Key | |
44 | 51 | ||
45 | 52 | ## Bill Text | |
46 | 53 | ||
47 | - | The people of the State of California do enact as follows:SECTION 1. Section 1367.17 is added to the Health and Safety Code, to read:1367.17. A health care service plan contract issued, amended, delivered, or renewed on or after January 1, 2024, shall not require prior authorization or other utilization review for laparoscopic surgery for endometriosis. | |
54 | + | The people of the State of California do enact as follows:SECTION 1. Section 1367.17 is added to the Health and Safety Code, to read:1367.17. A health care service plan contract issued, amended, delivered, or renewed on or after January 1, 2024, shall not require prior authorization or other utilization review for laparoscopic surgery for endometriosis.SEC. 2. Section 10123.186 is added to the Insurance Code, to read:10123.186. A health insurance policy issued, amended, delivered, or renewed on or after January 1, 2024, shall not require prior authorization or other utilization review for laparoscopic surgery for endometriosis.SEC. 3. Section 14132.04 is added to the Welfare and Institutions Code, to read:14132.04. Laparoscopic surgery for endometriosis shall be a covered Medi-Cal benefit without prior authorization or other utilization review.SEC. 3.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
48 | 55 | ||
49 | 56 | The people of the State of California do enact as follows: | |
50 | 57 | ||
51 | 58 | ## The people of the State of California do enact as follows: | |
52 | 59 | ||
53 | - | SECTION 1. Section 1367.17 is added to the Health and Safety Code, to read:1367.17. A health care service plan contract issued, amended, delivered, or renewed on or after January 1, 2024, shall not require prior authorization or other utilization review for laparoscopic surgery for endometriosis. | |
60 | + | SECTION 1. Section 1367.17 is added to the Health and Safety Code, to read:1367.17. A health care service plan contract issued, amended, delivered, or renewed on or after January 1, 2024, shall not require prior authorization or other utilization review for laparoscopic surgery for endometriosis. | |
54 | 61 | ||
55 | 62 | SECTION 1. Section 1367.17 is added to the Health and Safety Code, to read: | |
56 | 63 | ||
57 | 64 | ### SECTION 1. | |
58 | 65 | ||
59 | - | 1367.17. A health care service plan contract issued, amended, delivered, or renewed on or after January 1, 2024, shall not require prior authorization or other utilization review for laparoscopic surgery for endometriosis. | |
66 | + | 1367.17. A health care service plan contract issued, amended, delivered, or renewed on or after January 1, 2024, shall not require prior authorization or other utilization review for laparoscopic surgery for endometriosis. | |
60 | 67 | ||
61 | - | 1367.17. A health care service plan contract issued, amended, delivered, or renewed on or after January 1, 2024, shall not require prior authorization or other utilization review for laparoscopic surgery for endometriosis. | |
68 | + | 1367.17. A health care service plan contract issued, amended, delivered, or renewed on or after January 1, 2024, shall not require prior authorization or other utilization review for laparoscopic surgery for endometriosis. | |
62 | 69 | ||
63 | - | 1367.17. A health care service plan contract issued, amended, delivered, or renewed on or after January 1, 2024, shall not require prior authorization or other utilization review for laparoscopic surgery for endometriosis. | |
70 | + | 1367.17. A health care service plan contract issued, amended, delivered, or renewed on or after January 1, 2024, shall not require prior authorization or other utilization review for laparoscopic surgery for endometriosis. | |
64 | 71 | ||
65 | 72 | ||
66 | 73 | ||
67 | - | 1367.17. A health care service plan contract issued, amended, delivered, or renewed on or after January 1, 2024, shall not require prior authorization or other utilization review for laparoscopic surgery for endometriosis. | |
74 | + | 1367.17. A health care service plan contract issued, amended, delivered, or renewed on or after January 1, 2024, shall not require prior authorization or other utilization review for laparoscopic surgery for endometriosis. | |
68 | 75 | ||
69 | - | SEC. 2. Section 10123.186 is added to the Insurance Code, to read:10123.186. A health insurance policy issued, amended, delivered, or renewed on or after January 1, 2024, shall not require prior authorization or other utilization review for laparoscopic surgery for endometriosis. | |
76 | + | SEC. 2. Section 10123.186 is added to the Insurance Code, to read:10123.186. A health insurance policy issued, amended, delivered, or renewed on or after January 1, 2024, shall not require prior authorization or other utilization review for laparoscopic surgery for endometriosis. | |
70 | 77 | ||
71 | 78 | SEC. 2. Section 10123.186 is added to the Insurance Code, to read: | |
72 | 79 | ||
73 | 80 | ### SEC. 2. | |
74 | 81 | ||
75 | - | 10123.186. A health insurance policy issued, amended, delivered, or renewed on or after January 1, 2024, shall not require prior authorization or other utilization review for laparoscopic surgery for endometriosis. | |
82 | + | 10123.186. A health insurance policy issued, amended, delivered, or renewed on or after January 1, 2024, shall not require prior authorization or other utilization review for laparoscopic surgery for endometriosis. | |
76 | 83 | ||
77 | - | 10123.186. A health insurance policy issued, amended, delivered, or renewed on or after January 1, 2024, shall not require prior authorization or other utilization review for laparoscopic surgery for endometriosis. | |
84 | + | 10123.186. A health insurance policy issued, amended, delivered, or renewed on or after January 1, 2024, shall not require prior authorization or other utilization review for laparoscopic surgery for endometriosis. | |
78 | 85 | ||
79 | - | 10123.186. A health insurance policy issued, amended, delivered, or renewed on or after January 1, 2024, shall not require prior authorization or other utilization review for laparoscopic surgery for endometriosis. | |
86 | + | 10123.186. A health insurance policy issued, amended, delivered, or renewed on or after January 1, 2024, shall not require prior authorization or other utilization review for laparoscopic surgery for endometriosis. | |
80 | 87 | ||
81 | 88 | ||
82 | 89 | ||
83 | - | 10123.186. A health insurance policy issued, amended, delivered, or renewed on or after January 1, 2024, shall not require prior authorization or other utilization review for laparoscopic surgery for endometriosis. | |
90 | + | 10123.186. A health insurance policy issued, amended, delivered, or renewed on or after January 1, 2024, shall not require prior authorization or other utilization review for laparoscopic surgery for endometriosis. | |
84 | 91 | ||
85 | - | SEC. 3. Section 14132.04 is added to the Welfare and Institutions Code, to read:14132.04. Laparoscopic surgery for endometriosis | |
92 | + | SEC. 3. Section 14132.04 is added to the Welfare and Institutions Code, to read:14132.04. Laparoscopic surgery for endometriosis shall be a covered Medi-Cal benefit without prior authorization or other utilization review. | |
86 | 93 | ||
87 | 94 | SEC. 3. Section 14132.04 is added to the Welfare and Institutions Code, to read: | |
88 | 95 | ||
89 | 96 | ### SEC. 3. | |
90 | 97 | ||
91 | - | 14132.04. Laparoscopic surgery for endometriosis | |
98 | + | 14132.04. Laparoscopic surgery for endometriosis shall be a covered Medi-Cal benefit without prior authorization or other utilization review. | |
92 | 99 | ||
93 | - | 14132.04. Laparoscopic surgery for endometriosis | |
100 | + | 14132.04. Laparoscopic surgery for endometriosis shall be a covered Medi-Cal benefit without prior authorization or other utilization review. | |
94 | 101 | ||
95 | - | 14132.04. Laparoscopic surgery for endometriosis | |
102 | + | 14132.04. Laparoscopic surgery for endometriosis shall be a covered Medi-Cal benefit without prior authorization or other utilization review. | |
96 | 103 | ||
97 | 104 | ||
98 | 105 | ||
99 | - | 14132.04. Laparoscopic surgery for endometriosis | |
106 | + | 14132.04. Laparoscopic surgery for endometriosis shall be a covered Medi-Cal benefit without prior authorization or other utilization review. | |
100 | 107 | ||
101 | - | SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
108 | + | SEC. 3.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
102 | 109 | ||
103 | - | SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
110 | + | SEC. 3.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
104 | 111 | ||
105 | - | SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
112 | + | SEC. 3.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
106 | 113 | ||
107 | - | ### SEC. 4. | |
114 | + | ### SEC. 3.SEC. 4. |