SECTIONS 104322 - California Statutes

HEALTH AND SAFETY CODE

SECTION 104322

104322. (a) (1) The State Department of Health Services shall
develop and implement a program to provide quality prostate cancer
treatment for low-income and uninsured men.
(2) The department shall award one or more contracts to provide
prostate cancer treatment through private or public nonprofit
organizations, including, but not limited to, community-based
organizations, local health care providers, the University of
California medical centers, and the Charles R. Drew University of
Medicine and Science, an affiliate of the David Geffen School of
Medicine at the University of California at Los Angeles. Contracts
awarded, subsequent to the effective date of the amendments to this
section made during the 2005 portion of the 2005-06 Regular Session,
pursuant to this paragraph shall be consistent with both of the
following:
(A) Eighty-seven percent of the total contract funding shall be
used for direct patient care.
(B) No less than 70 percent of the total contract funding shall be
expended on direct patient care treatment costs, which shall be
defined as funding to fee-for-service providers for Medi-Cal eligible
services.
(3) The contracts described in paragraph (2) shall not be subject
to Part 2 (commencing with Section 10100) of Division 2 of the Public
Contract Code. Commencing July 1, 2006, those contracts shall be
entered into on a competitive bid basis.
(4) It is the intent of the Legislature to support the prostate
cancer treatment program provided for pursuant to this section, and
that the program be cost-effective and maximize the number of men
served for the amount of funds appropriated. It is further the intent
of the Legislature to ensure that the program has an adequate health
care provider network to facilitate reasonable access to treatment.
(b) Treatment provided under this chapter shall be provided to
uninsured and underinsured men with incomes at or below 200 percent
of the federal poverty level. Covered services shall be limited to
prostate cancer treatment and prostate cancer-related services.
Eligible men shall be enrolled in a 12-month treatment regimen.
(c) The department shall contract for prostate cancer treatment
services only at the level of funding budgeted from state and other
sources during a fiscal year in which the Legislature has
appropriated funds to the department for this purpose.
(d) Notwithstanding subdivision (a) of Section 2.00 of the Budget
Act of 2003 and any other provision of law, commencing with the
2003-04 fiscal year and for each fiscal year thereafter, any amount
appropriated to the department for the prostate cancer treatment
program implemented pursuant to this chapter shall be made available,
for purposes of that program, for encumbrance for one fiscal year
beyond the year of appropriation and for expenditure for two fiscal
years beyond the year of encumbrance.