Bill Text: CA SB600 | 2019-2020 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Health care coverage: fertility preservation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2019-10-12 - Chaptered by Secretary of State. Chapter 853, Statutes of 2019. [SB600 Detail]

Download: California-2019-SB600-Amended.html

Amended  IN  Assembly  September 05, 2019
Amended  IN  Senate  April 30, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 600


Introduced by Senator Portantino

February 22, 2019


An act to add Section 1374.551 to the Health and Safety Code, to add Section 10119.61 to the Insurance Code, and to add Section 14132.43 to the Welfare and Institutions Code, relating to health care coverage.


LEGISLATIVE COUNSEL'S DIGEST


SB 600, as amended, Portantino. Health care coverage: fertility preservation.
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. Existing law requires every group health care service plan contract and health insurance policy issued, amended, or renewed on or after January 1, 2017, to include, at a minimum, coverage for essential health benefits, including medically necessary basic health care services, as defined.

This bill would clarify that an individual or group health care service plan contract or health insurance policy that covers hospital, medical, or surgical expenses includes coverage for standard fertility preservation services when a medically necessary treatment may cause iatrogenic infertility to an enrollee or insured. The bill would state that these provisions are declaratory of existing law.

Existing law provides for the Medi-Cal program, administered by the State Department of Health Care Services, 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 provides for a schedule of benefits under the Medi-Cal program, which includes comprehensive perinatal services, subject to utilization controls.

This bill would add to the schedule of benefits standard fertility preservation services when a medically necessary treatment may cause iatrogenic infertility to a beneficiary.

Existing law requires every health care service plan contract to provide enrollees with basic health care services, except as specified. Existing law defines basic health care services to include, among other things, physician services and hospital inpatient and ambulatory care services. Existing law requires specified group health care service plan contracts issued, amended, or renewed on or after January 1, 1990, to cover the treatment of infertility, as defined, except in vitro fertilization.
This bill would clarify that, when a covered treatment may cause iatrogenic infertility to an enrollee, standard fertility preservation services are a basic health care service and are not within the scope of coverage for infertility treatment, as described above. The bill would state that these provisions are declaratory of existing law. The bill would state that these provisions do not apply to Medi-Cal managed care health care service plan contracts or any entity that contracts with the State Department of Health Care Services to deliver health care services pursuant to the Medi-Cal program.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1374.551 is added to the Health and Safety Code, to read:
1374.551.

(a)A health care service plan contract that covers hospital, medical, or surgical expenses includes coverage for medically necessary expenses for standard fertility preservation services when a medically necessary treatment may directly or indirectly cause iatrogenic infertility to an enrollee.

1374.551.
 (a) When a covered treatment may directly or indirectly cause iatrogenic infertility, standard fertility preservation services are a basic health care service, as defined in subdivision (b) of Section 1345, and are not within the scope of coverage for the treatment of infertility for the purposes of Section 1374.55.
(b) For purposes of this section, the following definitions apply:
(1) “Iatrogenic infertility” means an impairment of fertility infertility caused directly or indirectly by surgery, chemotherapy, radiation, or other medical treatment.
(2) Medical treatment that “may directly or indirectly cause iatrogenic infertility” “May directly or indirectly cause” means medical treatment with a possible side effect of impaired fertility, infertility, as established by the American Society of Clinical Oncology or the American Society for Reproductive Medicine.
(3) “Standard fertility preservation services” means procedures consistent with the established medical practices and professional guidelines published by the American Society of Clinical Oncology or the American Society for Reproductive Medicine.

(c)This section applies to a health care service plan contract with the State Department of Health Care Services pursuant to the Medi-Cal program (Chapter 7 (commencing with Section 14000) of Part 3 of the Welfare and Institutions Code).

(c) This section does not apply to Medi-Cal managed care health care service plan contracts or any entity that enters into a contract with the State Department of Health Care Services for the delivery of health care services pursuant to Chapter 7 (commencing with Section 14000), Chapter 8 (commencing with Section 14200), Chapter 8.75 (commencing with Section 14591), or Chapter 8.9 (commencing with Section 14700) of Part 3 of Division 9 of the Welfare and Institutions Code.

SEC. 2.Section 10119.61 is added to the Insurance Code, to read:
10119.61.

(a)An individual or group health insurance policy that covers hospital, medical, or surgical expenses includes coverage for medically necessary expenses for standard fertility preservation services when a medically necessary treatment may directly or indirectly cause iatrogenic infertility to an insured.

(b)For purposes of this section, the following definitions apply:

(1)“Iatrogenic infertility” means an impairment of fertility caused directly or indirectly by surgery, chemotherapy, radiation, or other medical treatment.

(2)Medical treatment that “may directly or indirectly cause iatrogenic infertility” means medical treatment with a possible side effect of impaired fertility, as established by the American Society of Clinical Oncology or the American Society for Reproductive Medicine.

(3)“Standard fertility preservation services” means procedures consistent with the established medical practices and professional guidelines published by the American Society of Clinical Oncology or the American Society for Reproductive Medicine.

SEC. 3.Section 14132.43 is added to the Welfare and Institutions Code, immediately following Section 14132.42, to read:
14132.43.

(a)Medically necessary expenses for standard fertility preservation services are covered under this chapter when a medically necessary treatment may directly or indirectly cause iatrogenic infertility to a beneficiary.

(b)For purposes of this section, the following definitions apply:

(1)“Iatrogenic infertility” means an impairment of fertility caused directly or indirectly by surgery, chemotherapy, radiation, or other medical treatment.

(2)Medical treatment that “may directly or indirectly cause iatrogenic infertility” means medical treatment with a possible side effect of impaired fertility, as established by the American Society of Clinical Oncology or the American Society for Reproductive Medicine.

(3)“Standard fertility preservation services” means procedures consistent with the established medical practices and professional guidelines published by the American Society of Clinical Oncology or the American Society for Reproductive Medicine.

SEC. 4.SEC. 2.

 The addition of Section 1374.551 to the Health and Safety Code and Section 10119.61 to the Insurance Code by this act does not constitute a change in, but is declaratory of, existing law.
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