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California State Senate Bill 1483

Passed the Senate August 31, 1976, Chaptered

By Senator Nate Holden

CHAPTER.
An act to amend the heading of Article 3.6 (commenc­ing with Section 340) of Chapter 2 of Division 1 of, and to amend Sections 340,341,342,343,345,346,347, and 348 of, and to add Sections 341.5, and 347.5 to, the Health and Safety Code, and to amend Section 1 of Chapter 1507 of the Statutes of 1974, relating to health services, and mak­ing an appropriation therefor.

LEGISLATIVE COUNSELS DIGEST

SB 1483, Holden. Health services: genetically hand­icapping conditions.

Under existing law, the Director of Health is required to establish and administer a program for the medical care of persons with hemophilia who are financially quali­fied to receive treatment. The director is required to seek the advice of a five-member Advisory Committee on Hemophilia with respect to regulations pertaining to hemophilia services.

This bill would change the provisions that now apply to hemophilia to make persons with genetically handicap­ping conditions, including cystic fibrosis, hemophilia, sickle cell disease, and any other genetically handicap­ping conditions, as defined, added by the director, eligi­ble for program services.

The bill would delete the present financial qualifica­tions for hemophilia services and would require the State Department of Health to establish uniform standards of eligibility for services for persons with genetically hand­icapping conditions.

The five-member Advisory Committee on Hemophilia would be changed to a nine-member Advisory Commit­tee on Genetically Handicapped Person's Program. The state department would be required to maintain sufficient, appropriate staff to carry out the program serv­ices.
The list of available program services would be in­creased, and the director, with the approval of the advi­sory committee, would be required to establish priorities

for use of funds and provision of services. The state de­partment would be required to establish repayment schedules for services not later than January 30, 1977, upon the approval by the Department of Finance.

The bill would appropriate $228,400 to the State De­partment of Health for the purpose of carrying out pro­gram services under the bill.
Appropriation: yes.

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

SECTION 1. The heading of Article 3.6 (commencing with Section 340) of Chapter 2 of Division 1 of the Health and Safety Code is amended to read:

Article 3.6.   Genetically Handicapped Person's
Program
SEC. 2. Section 340 of the Health and Safety Code is amended to read:
340.      This article shall be known and may be cited as
the Holden-Moscone-Garamendi Genetically Hand­
icapped Person's Program.
SEC. 3. Section 341 of the Health and Safety Code is amended to read:

341.      The Director of Health shall establish and administer a program for the medical care of persons with genetically handicapping conditions, including cystic fi­ brosis, hemophilia, and sickle cell disease, through physi­ cians and centers that are qualified pursuant to the regulations of the department to provide such medical services. The director, with the guidance of the Advisor. 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 such rules and regulations as are necessary for the implementation of the provisions 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.

SEC. 3.5.   Section 341.5 is added to the Health and Safety Code, to read:

341.5. As used in this article, "genetically handicap­ping condition" shall mean a disease which is accepted as being genetic in origin by the American Society of Hu­man Genetics.

SEC. 4. Section 342 of the Health and Safety Code is amended to read:

342.     The program established under this article shall
include any or all of the following:

  1. Initial intake and diagnostic evaluation;
  2. The cost of blood transfusion and use of blood derivatives, or both;
  3. Rehabilitation services, including reconstructive surgery;
  4. Expert diagnosis;
  5. Medical treatment;
  6. Surgical treatment;

(g)   Hospital care;
(h) Physical therapy;
(i)  Occupational therapy;
(j) Special treatment;
(k) Materials;
(/) Appliances and their upkeep, maintenance, and care;
(m) Maintenance, transportation, or care incidental to any other form of services; and
(n) Appropriate staff to carry out the provisions of this article.

SEC. 5. Section 343 of the Health and Safety Code is amended to read:
343.     The Director of Health shall appoint a nine-member Advisory Committee on Genetically Handicapped Person's Program composed of professional and consumer representatives who shall serve without com­ pensation and at the discretion of the director. The direc­
tor shall seek the advice of the advisory committee with respect to rules and regulations to be adopted pursuant to this article.

SEC. 6.   Section 345 of the Health and Safety Code is amended to read: 345.   Reimbursement under this article shall not be made for any services which are available to the recipient under any other private, state, or federal programs or under other contractual or legal entitlements. However, no provision in this article shall be construed as limiting in any way state participation in any federal governmen­tal program for medical care of persons with genetically handicapping conditions.

SEC. 7. Section 346 of the Health and Safety Code is amended to read:

346.     The State Department of Health shall receive and expend all funds made available to it by the federal government, the state, its political subdivisions or from other sources for the purposes of this article. Payment for genetically handicapped person's program shall be made by the State Department of Health.

SEC. 7.5. Section 347 of the Health and Safety Code is amended to read:

347.     The state department shall establish, with the guidance of the advisory committee, uniform standards of financial eligibility for the treatment services under the program established under this article, including a uniform formula for the repayment services rendered by the program established under this article. All counties shall use the uniform standards for financial eligibility
and uniform formula for repayment established by the state department. All repayments shall be used in support of the program for services established under this article. The state department shall establish repayment schedules for services not later than January 30, 1977, upon the approval of such schedules by the Department of Finance.

SEC. 8. Section 347.5 is added to the Health and Safety Code, to read:

347.5. The state department shall maintain sufficient, appropriate staff to carry out the provisions of this article.

SEC. 9. Section 348 of the Health and Safety Code is amended to read:

348.     The health care benefits and services specified in this article, to the extent that such benefits and services are neither provided under any other federal or state law nor provided' nor available under other contractual or legal entitlements of the person, shall be provided to any patient who is a resident of this state and is made eligible by the provisions of this article. After such patient has utilized such contractual or legal entitlements, the pay­ment liability under Section 347 shall then be applied to the remaining cost of genetically handicapped person's services.

SEC. 10. Section 1 of Chapter 1507 of the Statutes of 1974 is amended to read:

Section 1. The Legislature finds that there are at least 2,200 identified victims of the diseases of cystic fibro­sis (100), hemophilia (1,600), and sickle cell disease (500) in this state, and that cystic fibrosis, hemophilia, and sick­le cell disease are generally excluded from any private medical insurance coverage except in an employment situation under group coverage which is usually ended upon termination of employment, and that there is a need for a statewide program for the medical care of persons with cystic fibrosis, hemophilia, sickle cell dis­ease, and other genetically handicapping conditions who are unable to pay for their necessary medical services, wholly or in part.


SEC. 11. The sum of two hundred twenty-eight thou­sand four hundred dollars ($228,400) is hereby appro­priated from the General Fund to the State Department of Health for expenditure for the purpose of carrying out the Holden-Moscone-Garamendi Genetically Hand­icapped Person's Program (Article 3.6 (commencing with Section 340) of Chapter 2 of Part 1 of Division 1 of the Health and Safety Code) in accordance with the fol­lowing schedule:
Schedule
For diagnosis and treatment..............................     $180,390
For administrative costs.....................................         34,260
For financial eligibility........................................         13,750

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Signed August 31,1976 by Governor Edmund G. Brown

Full S.B. PDF

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