§ 1367.665. — 1367.665. (Amended by Stats. 2021, Ch. 605, Sec. 1.)

(a)
A health care service plan contract, except for a specialized health care service plan contract, that is issued, amended, delivered, or renewed on or after July 1, 2000, shall be deemed to provide coverage for all generally medically accepted cancer screening tests, subject to all terms and conditions that would otherwise apply.
(b)
(1)
A health care service plan contract, except for a specialized health care service plan contract, that is issued, amended, delivered, or renewed on or after
July 1, 2022, shall not require prior authorization for either of the following:
(A)
Biomarker testing for an enrollee with advanced or metastatic stage 3 or 4 cancer.
(B)
Biomarker testing for cancer progression or recurrence in the enrollee with advanced or metastatic stage 3 or 4 cancer.
(2)
This subdivision shall also apply to health care service plan contracts and Medi-Cal managed care plan contracts with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code.
(c)
For purposes of this section, “biomarker test” means a diagnostic test, such as single or multigene, of the cancer patient’s biospecimen, such as tissue, blood, or other bodily fluids, for DNA or RNA alterations, including phenotypic characteristics of a malignancy, to identify an individual with a subtype of cancer, in order to guide patient treatment.
(d)
Notwithstanding subdivision (b), this section does not prohibit a health care service plan from requiring prior authorization on biomarker testing that is not for an FDA-approved therapy for advanced or metastatic stage 3 or 4 cancer.
(e)
This section does not limit, prohibit, or modify an enrollee’s rights to biomarker testing as part of an approved clinical trial under Section
1370.6.

Legislative History

Amended by Stats. 2021, Ch. 605, Sec. 1. (SB 535) Effective January 1, 2022.