Bill Text: CA AB2034 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Medical care: genetically handicapping conditions.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2012-09-29 - Consideration of Governor's veto pending. [AB2034 Detail]

Download: California-2011-AB2034-Amended.html

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BILL NUMBER: AB 2034	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012
	AMENDED IN ASSEMBLY  MARCH 14, 2012

INTRODUCED BY   Assembly Member Fuentes
   (Principal coauthor: Assembly Member Bonilla)

                        FEBRUARY 23, 2012

   An act to  amend Section 125130 of   add
Section 125191.5 to  the Health and Safety Code, relating to
health services  , and making an appropriation therefor
 .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2034, as amended, Fuentes. Medical care: genetically
handicapping conditions.
   Existing law, the Holden-Moscone-Garamendi Genetically Handicapped
Person's Program  (GHPP)  , requires the Director of Health
Care Services to establish and administer a program for the medical
care of persons with specified genetically handicapping conditions
and for persons with specified hereditary metabolic disorders.
 That law also requires the program to provide access to
social support services that may help ameliorate problems that are
attendant to genetically handicapping conditions. Existing law
authorizes the director to expand the list of genetically
handicapping conditions.  
   Existing law, the federal Patient Protection and Affordable Care
Act (PPACA), among other provisions, reformed certain aspects of the
private health insurance industry and public health insurance
programs. 
   This bill would  add genetic amyotrophic lateral sclerosis
to the list of genetically handicapping conditions covered under the
program   require the State Department of Health Care
Services, in consultation with designa   ted entities, to
develop a plan for the administration of the GHPP after the
implementation of the PPACA. This bill would require the plan to
address, among other things, preservation of the availability of
wrap-around services that would otherwise not be available through
the PPACA and the addition of genetic amyotrophic lateral sclerosis
to the list of conditions covered under the GHPP  . 
   Existing law establishes the Children's Medical Services Rebate
Fund, which is continuously appropriated to the State Department of
Health Care Services to cover costs related to services, and the
administration of services, provided through the program. Moneys from
rebates for the delivery of health care and specified products for
clients enrolled into the program are required to be deposited into
the fund.  
   To the extent that expanding the clients served by the program
would increase the moneys deposited into the fund, this bill would
make an appropriation. 
   Vote: majority. Appropriation:  yes   no
 . Fiscal committee: yes. State-mandated local program: no.


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

   SECTION 1.    Section 125191.5 is added to the 
 Health and Safety Code   , to read:  
   125191.5.  (a) The department, in consultation with the California
Health Benefit Exchange and the Advisory Committee on Genetically
Handicapped Person's Program, shall develop a plan for the continued
operation of the Genetically Handicapped Person's Program after
implementation of the federal Patient Protection and Affordable Care
Act. The plan shall address all of the following:
   (1) Preserving the availability of wrap-around services that will
not otherwise be available after implementation of the federal
Patient Protection and Affordable Care Act (Public Law 111-148).
   (2) Continued coverage for any residual services and populations.
   (3) Adding genetic amyotrophic lateral sclerosis (ALS) to the
Genetically Handicapped Person's Program list of conditions, as
described in Section 125130. The care and treatment for genetic ALS
under the Genetically Handicapped Person's Program shall be
consistent with the principles described in Section 104323.
   (b) As an alternative to consulting with the Advisory Committee on
Genetically Handicapped Person's Program, in developing the plan
described in subdivision (a), the department may consult with
stakeholders, representatives of Genetically Handicapped Person's
Program providers, persons with genetically handicapped conditions,
special care centers, genetic disease medical experts, and other
interested persons.  
  SECTION 1.    Section 125130 of the Health and
Safety Code is amended to read:
   125130.  The Director of Health Care Services shall establish and
administer a program for the medical care of persons with genetically
handicapping conditions, including cystic fibrosis, hemophilia,
sickle cell disease, Huntington's disease, Friedreich's Ataxia,
Joseph's disease, Von Hippel-Landau syndrome, genetic amyotrophic
lateral sclerosis, and the following hereditary metabolic disorders:
phenylketonuria, homocystinuria, branched chain amino acidurias,
disorders of propionate and methylmalonate metabolism, urea cycle
disorders, hereditary orotic aciduria, Wilson's Disease,
galactosemia, disorders of lactate and pyruvate metabolism,
tyrosinemia, hyperornithinemia, and other genetic organic acidemias
that require specialized treatment or service available from only a
limited number of program-approved sources.
   The program shall also provide access to social support services,
that may help ameliorate the physical, psychological, and economic
problems attendant to genetically handicapping conditions, in order
that the genetically handicapped person may function at an optimal
level commensurate with the degree of impairment.
   The medical and social support services may be obtained through
physicians and surgeons, genetically handicapped person's program
specialized centers, and other providers that qualify pursuant to the
regulations of the department to provide the services. "Medical
care," as used in this section, is limited to noncustodial medical
and support services.
   The director, with the guidance of the Advisory Committee on
Genetically Handicapped Person's Program, may, by regulation, expand
the list of genetically handicapping conditions covered under this
article. The director shall adopt regulations that are necessary for
the implementation of this article. The director, with the approval
of the advisory committee, shall establish priorities for the use of
funds and provision of services under this article.