Summaries of All Senate Bills Heard
by the Committee in 2005
BILL # AUTHOR SUMMARY STATUS
12 Escutia School Food Nutrition. Removes the requirement that Chapter 235,
SB 19 (Escutia), Chapter 913, Statutes of 2001, be Statutes of 2005
funded in order to be implemented, thereby
implementing nutrition standards in elementary schools,
and extends the standards to secondary schools.
Modifies nutrition standards for elementary schools.
18 Ortiz Reproductive Health and Research. Requires the State Vetoed by the
Auditor to conduct a performance audit of the California Governor
Institute for Regenerative Medicine and the Independent
Citizens Oversight Committee, and to issue an audit
report by June 30, 2006. States Legislative intent that the
State Auditor conduct additional audit work, if necessary.
19 Ortiz California Rx Program. Establishes the California State Held in Senate
Pharmacy Assistance Program, a state pharmacy Health – TWO
assistance program under the authority of the Department YEAR BILL
of Health Services, to provide prescription drug discounts
for California residents with income up to 300% of the
federal poverty level.
23 Migden Healthy Families Program and Medi-Cal. Requires the Vetoed by the
Managed Risk Medical Insurance Board (MRMIB) and Governor
the State Department of Health Services to enter into an
interagency agreement with the State Employment
Development Department to promote participation in the
Healthy Families and Medi-Cal programs, and requires
MRMIB to develop a process by which family
contributions to Healthy Families are deducted from an
applicant's pay and are transmitted by the employer to
MRMIB.
24 Ortiz Hospital Charity Care. Directs acute-care, acute- Held in Senate
psychiatric and special hospitals to limit charges imposed Appropriations –
on patients with incomes below 400 percent of federal TWO YEAR
poverty guidelines. Authorizes the Office of Statewide BILL
Health Planning and Development to develop a model
application for patients seeking to qualify for charity-care
and reduced-payment status.
All Senate Bills Heard by the Committee in 2005 Page 81
BILL # AUTHOR SUMMARY STATUS
37 Speier Prohibited Substances. Requires the Department of Chapter 673,
Health Services to provide to the State Department of Statutes of 2005
Education with the United States Anti-Doping Agency's
“Guide to Prohibited Substances and Prohibited Methods
of Doping”, on or before June 30, 2006. Makes changes
relating to the 1998 California High School Coaching
Education Program.
38 Alquist Healthy Families Program. States the intent of the Held at Assembly
Legislature to expand the income household eligibility Desk – TWO
limit for the Healthy Families Program from 250 percent YEAR BILL
to 300 percent of the federal poverty level.
47 Scott Nonprofit Medical Research Clinics. Removes the Chapter 135,
January 1, 2008 sunset date for the exemption from Statutes of 2005
licensure requirements for nonprofit clinics that satisfy
requirements regarding medical research and the receipt
of charitable contributions, including satisfying
requirements regarding medical research and the receipt
of charitable contributions before January 1, 2005.
Requires such clinics to report to the Legislature on their
activities by January 1, 2007, and every five years
thereafter, at a cost borne by the clinics.
103 Ducheny Primary Care Clinic Licensing: Timing. Makes Held in Assembly
changes to the licensure requirements for primary care Health– TWO
clinics. YEAR BILL
108 Lowenthal Health Care Service Plans: Procedures For Chapter 45,
Participation by Subscribers and Enrollees. Deletes a Statutes of 2005
provision in the Knox-Keene Health Care Service Plan
Act of 1975 that deems health plan compliance with
federal Health Maintenance Organization Act
requirements related to subscriber and enrollee
involvement in the plan's public policy as compliance
with state requirements relating to plan public policy
making.
131 Chesbro Medi-Cal: Reimbursement for Federally Qualified Chapter 548,
Health Centers and Rural Health Clinics. Extends the Statutes of 2005
period for filing scope-of-service rate adjustment
requests from 90 days to 150 days and requires Federal
Qualified Health Centers in Los Angeles County to
transition from cost of service to a prospective payment
system.
144 Runner Retail Food. Repeals and reenacts the existing Held in Assembly
California Uniform Retail Food Facilities Law as the Appropriations –
California Retail Food Code, including substantive TWO YEAR
changes, effective January 1, 2007. BILL
All Senate Bills Heard by the Committee in 2005 Page 82
BILL # AUTHOR SUMMARY STATUS
147 Runner Fetal Pain Prevention. Enacts the Unborn Child Pain Held in Senate
Awareness Act of 2005 to require, with an exemption for Health – TWO
medical emergency, the physician performing the YEAR BILL
abortion to offer to the pregnant woman information and
counseling on fetal pain.
162 Ortiz State Department of Public Health. Establishes a Held in Senate
Department of Public Health within the Health and Govt. Mod.,
Human Services Agency, and transfers various Efficiency and
responsibilities relating to public health, currently Accountability –
administered by the Department of Health Services to the TWO YEAR
new department. BILL
163 Scott Public Contracts. Requires a pharmaceutical company Failed Passage in
that has state contracts to disclose the percentage of its Assembly
national operating budget that is expended for marketing Business &
purposes and the percentage that is expended for research Professions,
and development, to the extent permitted by federal law. Reconsideration
Granted – TWO
YEAR BILL
167 Speier Seismic and Patient Safety. Amends the Alfred E. Held in Assembly
Alquist Hospital Facilities Seismic Safety Act of 1983 to Health– TWO
permit delays of the 2008 seismic safety deadline for YEAR BILL
specified hospitals that do not exceed maximum
allowable seismic risk, as determined by the Office of
Statewide Health Planning and Development, and
expedites the final compliance deadline to 2020 for
hospitals granted the delay.
206 Dunn Inpatient Hospital Services: Reimbursement: Pediatric Held in Senate
Outlier Payment Adjustment Program. Establishes the Health – TWO
Pediatric Outlier Payment Adjustment Program to YEAR BILL
provide funding to offset the unfunded costs of eligible
hospitals that serve Medi-Cal eligible children with
extraordinarily health care needs.
209 Alquist Stroke Education. Requires the Department of Health Held in Senate
Services to implement an education program intended to Appropriations –
reduce the incidence of strokes. Requires the department TWO YEAR
to conduct seminars for high-risk populations and BILL
disseminate information regarding strokes. Requires the
program to be consistent with the recommendations of
the Heart Disease and Stroke Prevention and Treatment
State Master Plan.
All Senate Bills Heard by the Committee in 2005 Page 83
BILL # AUTHOR SUMMARY STATUS
224 Chesbro Health Facilities: Construction Plans. Creates a Chapter 494,
project to demonstrate and evaluate a plan review process Statutes of 2005
for multistory hospital buildings that would exempt
specified repair and maintenance projects from pre-
construction review and inspection by the Office of
Statewide Health Planning and Development.
257 Chesbro Mental Health Services. Requires the Mental Health Held on
Services Oversight and Accountability Commission, Assembly Floor –
established pursuant to Proposition 63, titled the Mental TWO YEAR
Health Services Act, to elect from its members, a chair BILL
and vice chair at its first meeting and annually thereafter.
266 Romero Trauma Care. Requires the Emergency Medical Vetoed by the
Services Authority (EMSA) to establish a trauma care Governor
advisory committee as specified, and requires the
committee to develop a statewide trauma care plan,
present the plan to the EMSA, and provide the plan to the
Legislature along with the EMSA's comments by January
1, 2007.
267 Romero Emergency Medical Services: Trauma Care Fund. Held in Assembly
Changes the distribution formula that local emergency Appropriations –
medical services agencies must use to distribute money TWO YEAR
from the Trauma Care Fund to trauma care centers. BILL
279 Cedillo Physicians and Surgeons: Locum Tenens Services. Chapter 596,
Declares that a temporary physician staffing agency, Statutes of 2005
commonly referred to as a locum tenens agency, is not an
employer of physicians they place.
281 Maldonado Nutrition. Requires the Department of Health Services Chapter 236,
and the Department of Food and Agriculture, in Statutes of 2005
consultation with the Department of Education, to
develop a program that encourages public schools to
provide fruits and nonfried vegetables free of charge to
students.
315 Margett Hospitals: Reduction or Elimination of Emergency Held in Senate
Medical Services: Notice. Requires the hospital to Health – TWO
notify those entities and all local emergency medical YEAR BILL
services agencies within the region served by the hospital
at least 90 days before a planned reduction or elimination
of the level of emergency medical services or closure of
the hospital.
All Senate Bills Heard by the Committee in 2005 Page 84
BILL # AUTHOR SUMMARY STATUS
325 Ducheny County Reimbursement. Appropriates $69,000,000 Held in Senate
from funds payable under the Federal Trust Fund, and Health – TWO
monies from the General Fund, to the State Department YEAR BILL
of Mental Health for allocation to county mental health
agencies for the purposes of providing mental health
services for the 2005-06 fiscal year under individualized
education program developed pursuant to the federal
Individuals with Disabilities Education Act.
328 Cedillo Health Facilities: Medi-Cal Reimbursement: Selective Held in Assembly
Provider Contracts. Establishes additional criteria that Health – TWO
must be considered by the California Medical Assistance YEAR BILL
Commission in negotiating Medi-Cal inpatient payment
rates for hospitals that are not "disproportionate share
hospitals".
329 Cedillo California Prescription Drug Safety and Effectiveness Held in Senate
Commission. Establishes the California Prescription Health – TWO
Drug Safety and Effectiveness Commission within the YEAR BILL
California Health and Human Services Agency.
Prescribes the composition of the commission, how the
members will be appointed, the terms of commissioners,
and duties of the commission related to providing
Californians with information on the safety and
effectiveness of prescription drugs via an Internet Web
site.
340 Battin Stem Cell Research: Revenues. Requires that all Held in Senate
revenues derived from patents, royalties, and licenses Health – TWO
paid to the state as a result of intellectual property YEAR BILL
agreements entered into pursuant to these provisions be
deposited into the General Fund.
364 Perata Health Care Service Plans. Allows an emergency Held on
physician who has a contract with a health plan, but does Assembly Floor –
not have a contract with a medical group or other entity TWO YEAR
that has been assigned responsibility for paying claims by BILL
the health plan, to submit a claim to the plan, and
requires the plan to pay the claim pursuant to the terms of
the contract. Provides that a physician submitting a
claim to a plan pursuant to the bill shall not bill the
patient, except for copayments, deductibles, or other
costs that are the responsibility of the patient.
367 Speier Health Care Complaint System. Enacts the Patient and Chapter 723,
Provider Preferred Provider Organization Protection Act Statutes of 2005
and revises the way complaints from health care
providers are handled by the Department of Insurance.
All Senate Bills Heard by the Committee in 2005 Page 85
BILL # AUTHOR SUMMARY STATUS
375 Speier Medicare Supplement Coverage. Conforms state Chapter 206,
Medicare Supplement Insurance statutes to the federal Statutes of 2005
Medicare Modernization Act of 2003, and expands
Medicare beneficiaries' access to Medicare supplemental
insurance policies without medical underwriting.
377 Ortiz Medi-Cal: Dental Services. Requires the Department of Chapter 643,
Health Services to inform Denti-Cal and other Medi-Cal Statutes of 2005
providers that prevention and treatment of dental and
periodontal disease is a covered benefit for all pregnant
beneficiaries.
380 Alquist Drugs: Adverse Event Reporting. Requires health care Failed Passage on
providers to report suspicious serious adverse drug events Assembly Floor,
to the federal Food and Drug Administration Reconsideration
Granted – TWO
YEAR BILL
383 Maldonado State Department of Mental Health: Sexually Violent Chapter 137,
Predators. Allows the Department of Mental Health to Statutes of 2005
enter into an inter-agency agreement or contract with the
Department of Corrections and local law enforcement
agencies for services related to the supervision and
monitoring of sexually violent predators who have been
conditionally released into the community.
397 Escutia Elder Death Review Teams. Requires skilled nursing Failed Passage in
facilities and residential care facilities for the chronically Assembly Health,
ill within a county that has an elder death review team Reconsideration
(EDRT) to notify the chair or chair designee of the Granted – TWO
EDRT through fax or e-mail, when there is a death of an YEAR BILL
elderly resident of the facilities.
400 Kuehl Tobacco Licensing. Makes changes to the penalties Held in Senate
imposed on a retailer convicted of furnishing cigarettes Appropriations –
or tobacco products to a person under the age of 18. TWO YEAR
BILL
401 Ortiz Medical Information: Pharmacies: Marketing. Held in Assembly
Includes in the definition of "marketing," under the Health - TWO
Confidentiality of Medical Information Act, written YEAR BILL
communications, which pharmacists provide to patients
when dispensing prescription drugs, if the
communication includes the trade name or commercial
slogan for any drug other than the dispensed drug when
the cost of the communication is paid, directly or
indirectly, by a drug manufacturer or distributor.
All Senate Bills Heard by the Committee in 2005 Page 86
BILL # AUTHOR SUMMARY STATUS
417 Ortiz Payment of Provider Claims. Prohibits a hospital-based Held in Assembly
physician, as defined, from engaging in a pattern of Health - TWO
billing a patient for covered services in excess of YEAR BILL
applicable copayments, deductibles or coinsurance,
unless specified conditions are met, establishes specific
notice requirements when the physician sends a patient a
bill or statement and establishes penalties in law for
violations of this bill by physicians or for violations of
statutorily mandated payment practices by health care
service plans
429 Florez Recreational Bathing: Sanitation. Requires the Vetoed by the
Department of Health Services (DHS) to convene a Governor
public advisory group consisting of specified members to
advise DHS on the development of minimum sanitation
standards of high-use or priority freshwater bathing
areas, as specified.
437 Escutia California Healthy Kids Insurance Program. Creates Held on
CHKIP, a joint partnership of the Managed Risk Medical Assembly Floor –
Insurance Board (MRMIB) and the Department of Health TWO YEAR
Services (DHS). Requires MRMIB and DHS to continue BILL
to administer the Healthy Families (HFP) and Medi-Cal
programs, respectively, in accordance with all existing
requirements and to coordinate their respective
administration of each program under CHKIP. Requires
MRMIB and DHS to operate CHKIP in a coordinated
and seamless manner with respect to children who are
enrolled in, or potential enrollees of, HFP and Medi-Cal.
Expands HFP eligibility for children to families with
incomes up to 300% of the federal poverty level.
442 Machado Maintenance: Income Levels. Reduces the share of Held in Senate
cost for medically needy persons under the Medi-Cal Appropriations –
program by allowing an additional deduction from TWO YEAR
income of the difference of the current maintenance need BILL
level and 133% of the corresponding federal poverty
level. Stipulates that it would only be implemented to the
extent that federal financial participation is available.
452 Alarcon Medi-Cal: Contracts: Disclosure and Confidentiality. Held in Senate
Requires Medi-Cal confidential contracts with Appropriations –
manufacturers of drugs for discount prices and rebates, to TWO YEAR
be disclosed to the chairs of the health, human services or BILL
budget committees of the Legislature upon the request of
the chairs. Requires the chairs to treat this information as
confidential.
All Senate Bills Heard by the Committee in 2005 Page 87
BILL # AUTHOR SUMMARY STATUS
454 Ortiz Health Counseling. Requires the Managed Risk Held in Senate
Medical Insurance Board and the Department of Health Appropriations –
Services to establish standards to ensure that educational TWO YEAR
materials are available to beneficiaries of the Healthy BILL
Families Program and Medi-Cal, at their request, on the
subjects of nutrition education, increased physical
activity and participation in state and federal nutrition
programs. Requires that these educational materials and
outreach be culturally and linguistically appropriate so
that beneficiaries will be aware of these benefits, and that
they be made available through contracting providers.
456 Runner Access for Infants and Mothers: Federal Funding. Held in Senate
Provides that federal funds allocated to the state under Health – TWO
the State Children's Health Insurance Program will also YEAR BILL
be allowed to support the Access for Infants and Mothers
Program and prenatal services provided through Medi-
Cal.
458 Speier Basic Health Care: Counties. Allows existing county Held in Assembly
commissions, organizers of County Organized Health Health – TWO
Systems established to offer Medi-Cal managed care, to YEAR BILL
also offer health coverage paid for from private sources,
as specified.
479 Lowenthal/ Childhood Obesity Mitigation. Requires the Department Held in Assembly
Vincent of Health Services to establish the Childhood Obesity Appropriations –
Mitigation Pilot Project until January 1, 2008, and TWO YEAR
authorizes local agencies and certain health care BILL
providers to participate in the pilot project. Provides for
the administration of the pilot project by a committee that
consists of representatives of participating entities.
482 Chesbro Napa State Hospital: Cemetery Restoration. Requires Held in Senate
the State Department of Mental Health to develop a Health – TWO
workplan for the restoration of Napa State Hospital YEAR BILL
gravesites, would exempt the workplan from the
prohibitions against structural changes, and requires the
Governor to submit the workplan and the proposed
budget as part the Governor’s proposed 2006–07 fiscal
year State Budget.
All Senate Bills Heard by the Committee in 2005 Page 88
BILL # AUTHOR SUMMARY STATUS
484 Migden Cosmetics: Chronic Health Effects. Requires, Chapter 729,
commencing January 1, 2007, cosmetic product Statutes of 2005
manufacturers subject to federal Food and Drug
Administration regulation to provide to the Division of
Environmental and Occupational Disease Control a
complete list of its cosmetic products that are sold in
California, and to identify by product any ingredient that
is a chemical identified as causing cancer or reproductive
toxicity.
491 Ducheny Earthquake Safety and Hospital Preservation Bond Act. Held in Senate
Establishes the Earthquake Safety and Hospital Revenue and
Preservation Program within the California Health Taxation – TWO
Facilities Financing Authority to provide funds to YEAR BILL
nonprofit and public general acute care hospitals for
retrofit or construction projects necessary to bring the
hospitals into compliance with seismic safety standards.
Authorizes the Authority to issue bonds in the amount of
up to $5 billion.
492 Ashburn Valley Fever: Vaccine. Appropriates $1,000,000 to the Held in Assembly
State Department of Health Services for continuation of Appropriations –
the Valley Fever Vaccine Project. TWO YEAR
BILL
496 Kuehl Medi-Cal: Administrative Claims. Makes changes to Held in Assembly
the Medi-Cal Administrative Activities claiming process Appropriations –
for local governmental agencies, local education agency, TWO YEAR
and local educational consortia. BILL
499 Alarcon Hospitals: Emergency Medical Services Elimination. Vetoed by the
Requires a hospital, prior to issuing notice to the Governor
Department of Health Services of a planned elimination
of emergency medical services or closure of the hospital,
to prepare a public health and safety report, and to submit
that report to the county supervisors and the local
emergency medical services agency, and to make the
report available to the public.
All Senate Bills Heard by the Committee in 2005 Page 89
BILL # AUTHOR SUMMARY STATUS
522 Torlakson State Property: Vending Machines. Requires each Held on Senate
vendor that operates or maintains vending machines on Floor – TWO
designated state property to satisfy a specified phased-in YEAR BILL
requirement that at least 25 percent of the food and
beverages offered in the vending machine meets accepted
nutritional guidelines, as defined, by December 31, 2006,
and 50 percent by December 31, 2007, or under specified
conditions, by December 31, 2009, and to provide to
users, upon request, information about the nutritional
value of food and beverages offered in the vending
machine and procedures for requesting a change in
vending machine offerings.
526 Alquist Long-Term Health Care. Requires the State Department Held in Senate
of Health Services to establish dedicated complaint Health – TWO
response units in each district office of the Licensing and YEAR BILL
Certification Division of the Department of Health
Services (DHS) by January 1, 2007 following a study of
unanticipated costs, requires DHS to issue a Class "A"
citation when a nursing home resident is sexually
assaulted by an employee of the facility, adds to the list
of resident rights for long-term health care facilities,
including changes to requirements regarding transfer and
discharge of patients, creates requirements for skilled
nursing facilities for the admission of patients covered by
the Medi-Cal program, and requires nursing home
operators to document labor costs by submitting payroll
records to DHS on a quarterly basis.
533 Dunn Long-Term Health Care Facilities: Admission Held in Senate
Contracts. Additionally require a statement in an Health – TWO
abbreviated contract of admission informing the person YEAR BILL
being admitted whether or not the facility is covered by
liability insurance.
556 Migden Drug Treatment. Allows the Department of Drug and Failed Passage
Alcohol Programs to waive the requirement that no more on Senate Floor,
than 25 percent of the money expended by a county for Reconsideration
the Substance Abuse and Crime Prevention Act Granted – TWO
(SACPA) implementation be for "criminal justice YEAR BILL
activities", allows a court to retain a probationer in
SACPA upon a third or subsequent drug-related
probation violation, allows the parole authority to retain a
parolee in SACPA upon a second drug-related parole
violation, and insures that no person is denied SACPA
treatment because of a co-occurring psychiatric disorder.
All Senate Bills Heard by the Committee in 2005 Page 90
BILL # AUTHOR SUMMARY STATUS
564 Torlakson Cigarette and Tobacco Products Taxes: California Held in Senate
Healthy Children Trust Fund. Increases cigarette taxes Revenue and
by $1.00 per pack; uses proceeds for various health- Taxation – TWO
related programs. YEAR BILL
571 Perata Adult Day Health Care Services: Certification. Held in Senate
Requires applicants for adult day health care facility Appropriations –
certification to attend an orientation provided by the TWO YEAR
California Department of Aging (CDA) and submit BILL
documentation of the need for the facility and other
specified information to CDA. Allows CDA to conduct a
face-to-face interview with the applicant, lists the items
that must be examined to qualify for certification and
authorizes CDA to give priority to certain applications.
573 Romero Disability Insurance: Intoxication. Repeals the Vetoed by the
existing provision that allows health insurance companies Governor
to exclude coverage of injuries sustained as a
consequence of the insured's being intoxicated or under
the influence of any controlled substance unless
administered on the advice of a physician.
576 Ortiz Health Care Coverage: Tobacco Cessation Services. Vetoed by the
Requires health care service plans (generally HMOs) and Governor
health insurers (health plans) that provide outpatient
prescription drug benefits to include coverage for tobacco
cessation services.
593 Alarcon Health Care Costs: Recovery. Requires a for-profit Held in Senate
corporation with at least 20,000 employees to reimburse Health – TWO
the state for costs of providing Medi-Cal and Healthy YEAR BILL
Families to the corporation employees and dependents.
600 Ortiz/Perata Biomonitoring. Creates a program to monitor and assess Vetoed by the
biomedical condition in Californians. Requires the Governor
Department of Health Services to adopt guidelines and
protocols for the states biomonitoring program.
611 Speier Meat and Poultry Recalls. Requires a meat or poultry Held on Senate
supplier, distributor, broker or processor to immediately Unfinished
notify the Department of Health Services, as specified, Business – TWO
when meat or poultry products they sell are subject to a YEAR BILL
voluntary recall by the U.S. Department of Agriculture.
615 Figueroa Cervical Cancer. Expands the scope of the Cervical Chapter 550,
Cancer Community Awareness Campaign (CCCAC) to Statutes of 2005
include the human papillomavirus (HPV) and would
include within the CCCAC provider education aimed at
promoting the awareness of HPV and its link to cervical
cancer.
All Senate Bills Heard by the Committee in 2005 Page 91
BILL # AUTHOR SUMMARY STATUS
630 Dutton Anatomical Gifts: Organs: Inquests. Removes the Chapter 138,
sunset date for statutes governing procedures for removal Statutes of 2005
of organs for transplant when a death requires an inquest
by the medical examiner or coroner.
634 Speier Health Insurance: Claims Practices. Extends, Chapter 441,
beginning July 1, 2006, certain claims payment Statutes of 2005
protections afforded to health care providers who deliver
care to enrollees of health care service plans to providers
who provide services to patients with health insurance
policies. Requires greater disclosure to individual
policyholders about their potential costs when obtaining
services from a provider who does not have a contract
with the insured's health insurer.
642 Chesbro Medi-Cal: Adult Day Health Care Services. Makes Held on Senate
various changes to the Adult Day Health Care (ADHC) Floor – TWO
Program and mainly requires the Department of Health YEAR BILL
Services (DHS) to take all appropriate action to obtain
approval for a state plan amendment that conforms the
ADHC program to requirements of federal law and
include specific requirements. Provides that no single
provision of the ADHC state plan amendment shall be
implemented unless and until DHS has obtained full
approval for that amendment from the federal Centers for
Medicare and Medicaid Services, and the plan can be
implemented by DHS.
643 Chesbro Nursing Facilities. Requires that a skilled nursing Chapter 551,
facility resident's plan of care include services to assist Statutes of 2005
the resident in maintaining, regaining, and acquiring the
skills and level of functioning to assist in a return to the
community. Reduces the time for Medi-Cal to approve
independent nurse provider applicants from 180 to 30
days. Requires professional assessments for
conservatees. Creates a targeted case management
system. Authorizes expansion of home- and community-
based waivers.
644 Ortiz Dispensing Prescription Drugs and Devices. Prohibits a Chapter 417,
licensed health care provider from obstructing a patient Statutes of 2005
in obtaining a prescription drug or device that has been
legally prescribed or ordered for that patient. Makes a
violation of this bill unprofessional conduct by the health
care provider, and subjects the provider to disciplinary
action by his or her licensing agency.
All Senate Bills Heard by the Committee in 2005 Page 92
BILL # AUTHOR SUMMARY STATUS
650 Ortiz Prostate Cancer: Improving Access, Counseling, and Chapter 442,
Treatment for Californians with Prostate Cancer Statutes of 2005
Program. Requires the Improving Access, Counseling,
and Treatment for Californians with Prostate Cancer
(IMPACT) Program to include certain services, and
allows the Department of Health Services to expend an
amount equal to the amount appropriated for IMPACT in
the Budget Act of 2005 and in any future Budget Act.
666 Aanestad Congregate Living Health Facilities. Increases the Chapter 443,
capacity of a congregate living health facility from no Statutes of 2005
more than six beds to no more than 12 beds, with certain
exceptions as provided by existing law.
676 Ashburn Medi-Cal: Pharmacy Reimbursement. Requires the Held in Senate
Department of Health Services to ensure that Medi-Cal Appropriations –
reimbursements for intravenous or infusion therapy are TWO YEAR
made in a manner that is consistent with the services BILL
provided to ensure that patients receiving these services
continue to receive appropriate care and continuity of
their drug regimen.
708 Speier Drug Discount Program: Conditions of Participation. Chapter 207,
Requires the Department of Health Services to develop a Statutes of 2005
standard contract for private nonprofit hospitals whereby
a hospital that elects to participate in the drug discount
program established under federal law shall agree to
provide charity care on a continuing basis.
730 Speier Organic Products: Aquaculture Products. Prohibits Chapter 685,
any aquaculture, fish, or seafood product (including Statutes of 2005
farmed and wild species) from being labeled or
represented as "organic," until such time that the United
States Department of Agriculture's National Organic
Program, or the California Department of Food and
Agriculture's implements formal certification standards.
Makes legislative findings and declarations stating that
because there are currently no standards in place, either
at the federal or state level, "any seafood can be claimed
as organic”.
734 Torlakson Controlled Substances. Makes various technical and Chapter 487,
clarifying changes to the Health and Safety Code Statutes of 2005
pertaining to the Controlled Substance Utilization
Review and Evaluation System.
All Senate Bills Heard by the Committee in 2005 Page 93
BILL # AUTHOR SUMMARY STATUS
739 Speier Hospitals: Infection Control. requires acute care Held on
hospitals to collect and maintain data on hospital- Assembly Floor –
acquired infections. Requires the Office of Statewide TWO YEAR
Health Planning and Development to establish an BILL
advisory panel to provide guidelines for the collection
and public reporting of data about hospital-acquired
infections.
750 Soto Medi-Cal: Disease Management. Allows the Held in Assembly
Department of Health Services to require contractors in Health – TWO
their acute long-term care integration pilot project to YEAR BILL
establish Medi-Cal disease management programs.
770 Romero Medi-Cal: Provider Enrollment. Makes physicians Held in Assembly
participating in the Medicare program eligible for Appropriations –
enrollment in the Medi-Cal program via a short form TWO YEAR
application if they meet specified criteria, and shortens BILL
the timeframes for the Department of Health Services to
enroll Medi-Cal providers.
774 Cox Vended Water. Requires the telephone number Held in Senate
displayed on the machines be a toll-free telephone Health – TWO
number. Imposes a state-mandated local program. YEAR BILL
776 Runner Health Care Districts: Mortgage Insurance, Loans, Chapter 554,
Credit. Statutes of 2005
Allows a health care district to secure federally insured
loans issued under the National Housing Act through
specified financing mechanisms. Allows a health care
district to establish a line of credit secured by accounts
receivable or other noncapital assets.
780 Ortiz University of California: Medical Schools: Admissions Vetoed by the
Criteria. Requests the University of California to require Governor
medical schools of the University to consider specific
criteria in their consideration of applicants for admission.
791 Chesbro Medi-Cal: Continuous Skilled Nursing Care Benefit: Held in Assembly
Pilot Project. Extends the repeal date from January 1, Appropriations –
2006 to January 1, 2008 for a current pilot project that TWO YEAR
provides continuous skilled nursing care as a benefit of BILL
the Medi-Cal program to individuals with developmental
disabilities in the least restrictive health facility setting.
798 Simitian Prescription Drugs: Collection and Distribution Chapter 444,
Program. Establishes a voluntary, county-option drug Statutes of 2005
repository and distribution program to distribute surplus
medications to persons in need of financial assistance to
ensure access to necessary pharmaceutical therapies.
All Senate Bills Heard by the Committee in 2005 Page 94
BILL # AUTHOR SUMMARY STATUS
803 Ducheny Ongoing Substance Abuse and Crime Prevention Act of Held in Assembly
2005. States the Legislature's intent to appropriate $120 Public Safety –
million to the Substance Abuse Treatment Trust Fund in TWO YEAR
the annual budget act. Makes other changes relating to BILL
the Substance Abuse and Crime Prevention Act of 2000.
840 Kuehl Single-Payer Health Care Coverage. Creates the Held in Assembly
California Health Insurance System, a single payer health Rules – TWO
care system, administered by the California Health YEAR BILL
Insurance Agency, to provide health insurance coverage
to all California residents.
861 Speier Medi-Cal: Allowable Drug Product Prices: Updates. Provisions
Changes the amount of time by which the director of the Removed from
Department of Health Services must update allowable Version Heard in
drug product prices from no less often than every 30 Committee
days, to within seven days of receiving notice of a drug
product price change.
869 Bowen Nurse-Family Partnership Program. Establishes the Vetoed by the
Nurse-Family Partnership Program administered by the Governor
Department of Health Services, for purposes of making
grants to eligible participating counties for voluntary
registered nurse home visiting services for expectant
first-time low-income mothers, their children, and their
families.
913 Simitian Medication Therapies: Rheumatic Diseases. Prohibits Held in Senate
any health care service plan or health insurer that Appropriations –
contracts to provide coverage for drugs from requiring a TWO YEAR
step therapy pharmacy management protocol that makes BILL
distinction between biologic and nonbiologic therapies.
Requires the Department of Health Services to establish a
pilot program in which any biologic drug prescribed for
the treatment of rheumatic disease would be covered
under Medi-Cal if certain conditions are met.
917 Speier Payers' Bill of Rights: Diagnostic Related Groups. Vetoed by the
Establishes the Hospital Transparency Act of 2005, Governor
which amends the Payers' Bill of Rights to require the
Office of Statewide Health Planning and Development to
compile and publish on its web site the top 25 most
common Medicare diagnostic related groups and the
average charge for each by hospital.
923 Florez/ West Nile Virus. Requires the State Department of Held at Assembly
Ashburn Health Services to allocate funds to mosquito and vector Desk – TWO
control districts and to the departments for purpose of YEAR BILL
abatement and control of mosquitoes and vectors that
cause the transmission of West Nile virus.
All Senate Bills Heard by the Committee in 2005 Page 95
BILL # AUTHOR SUMMARY STATUS
941 Alquist/ Emergency Medical Services Fund. Establishes the Chapter 671,
Speier Emergency Medical Services (EMS) Funding Act, which Statutes of 2005
revises existing law governing administration of the
Maddy EMS Fund and the California Tobacco Tax and
Health Promotion Act of 1988 (Proposition 99) Physician
Services Account to make the statutes more consistent.
942 Chesbro Cigarettes: Pollution: Litter. Imposes a fee of no more Held in Senate
than five mills per cigarette on cigarette manufacturers Appropriations –
for various programs and activities related to cigarette TWO YEAR
pollution and litter prevention and cleanup. BILL
945 Soto Human Immunodeficiency Virus (HIV) Testing. Held in Senate
Requires healthcare providers and laboratories to report Judiciary - TWO
cases of HIV infection to the local health officer using YEAR BILL
the patient's name.
965 Escutia Pupil Nutrition: Beverages. Revises current law related Chapter 237,
to the sale of beverages on school campuses. Statutes of 2005
985 Dunn Adulterated Candy: Lead Poisoning Prevention. Held in Senate
Requires the Department of Health Services to regulate Appropriations –
lead in candy to ensure that the candy is not adulterated. TWO YEAR
Defines "adulterated candy" as candy with lead levels BILL
that exceed the naturally occurring level as determined
by the Office of Environmental Health Hazard
Assessment
1062 Bowen Domestic Violence. Requires, if an agency receives Held on
funding from both the Comprehensive Statewide Assembly Floor –
Domestic Violence Program (CSDVP) in the Office of TWO YEAR
Emergency Services and the Maternal and Child Health BILL
Branch (MCH Branch) of the Department of Health
Services during any grant cycle, the CSDVP and the
MCH Branch, to the extent feasible, to coordinate agency
site visits and share performance assessment data with
the goal of improving efficiency, eliminating duplication,
and reducing administrative costs.
1083 Ackerman California Medical Assistance Commission: Held in Senate
Reimbursement. Provides that the Commission shall be Health – TWO
reimbursed at the annual salary of members of the State YEAR BILL
Personnel Board.
1100 Perata and Medi-Cal Hospital/Uninsured Care Demonstration Chapter 560,
Ducheny Project. Implements a five-year waiver of federal Statutes of 2005
Medicaid requirements and revises the methods the state
uses to pay private, public and university hospitals that
contract with the state under the Medi-Cal selective
provider contracting program.
All Senate Bills Heard by the Committee in 2005 Page 96
BILL # AUTHOR SUMMARY STATUS
SCA 13 Ortiz and Biomedical Research. Modifies provisions of Held on Senate
Runner Proposition 71 dealing with reporting of economic Floor – TWO
interests and conflicts of interest for appointees of the YEAR BILL
Independent Citizens Oversight Committee (ICOC),
employees of the California Institute for Regenerative
Medicine (CIRM), and working group members. Applies
open meeting and public records laws to meetings and
records of the ICOC, the CIRM, and working groups
with exceptions, including to allow for scientific
evaluations of applications for funding and to consider
matters involving intellectual property or proprietary
information. Requires the ICOC to ensure that
treatments, therapies, products, and services resulting
from technologies and inventions derived from grants
awarded are accessible and affordable to low-income
residents, including those residents eligible for state and
county-funded health care programs.
SCR 49 Speier Medication Errors Panel. Makes findings related to the Resolution
dangers and causes of medication errors, and resolves Chapter 123,
that a special panel be formed by the California Statues of 2005
Legislature to study the causes of medication errors and
submit a final report to the Senate Committee on Health
by June 1, 2006.
SJR 5 Speier Food Recalls. Makes various findings concerning food Held on Senate
and other product recalls and memorializes the President Floor – TWO
and the Congress of the United States to give the United YEAR BILL
States Department of Agriculture and the Food and Drug
Administration the authority to implement a mandatory
food recall system.
SJR 9 Morrow Retired Military Personnel: Medicare. Requests that Resolution
Congress and the President of the United States enact Chapter 89,
legislation that provides payment of Medicare payments Statues of 2005
to military treatment facilities for retired military
personnel and their dependents who meet Medicare age
standards.
All Senate Bills Heard by the Committee in 2005 Page 97