CMA SPONSORED LEGISLATION STATUS

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CMA SPONSORED LEGISLATION STATUS Powered By Docstoc
					                                                                                                       SPONSORED LEGISLATION. . . . 1 & 2
                                                                                                       OPPOSED LEGISLATION. . . . . 2 & 3
                                                                                                       BILLS OF INTEREST. . . . . . . . . 4


Status items in BOLD have changed status in the last week, or have a hearing within the next week.                       FEBRUARY 8, 2008

 CMA SPONSORED LEGISLATION                                                                       STATUS                       STAFF
 AB 632 (Salas)               WHISTLEBLOWER PROTECTION                                               Signed by the               Brett
 This bill will clarify that a physician and surgeon is protected as a whistleblower                 Governor.                   Michelin
 when information is given to a health care facility, government accreditation
 committee, or peer review body. A 1999 bill (SB 97, Burton) granted
 whistleblower protection to employees and patients of health care facilities by
 adding Health and Safety Code §1278.5 Senate Bill 97 was authored to prohibit
 a health facility from discriminating against a patient or employee who presents
 a grievance or cooperates in any investigation against that facility. H&S Code
 §1278.5, as it was written, is ambiguous. In one phrase (§(b)(1)) it specifically
 states the section covers “any patient or employee of the health facility” but in
 the next it includes “or any other person.” This bill will provide the necessary
 clarification.

 AB 682 (Berg, Garcia, Huffman) ROUTINE HIV SCREENING                                                Signed by the               Teresa Kline
 This bill will facilitate routine screening for HIV in all health care settings, as                 Governor.
 recommended by the federal Centers for Disease Control and Prevention (CDC).
 Tens of thousands of Californians do not know they are infected with HIV and are
 unknowingly infecting others. Current law requires written informed consent
 before a patient can be tested for HIV. This has proven to be a barrier to routine
 screening for HIV in populations that are not at obvious risk but may still be
 infected. In order to achieve routine screening in California, AB 682 will establish
 a simpler standard of consent for the general population, as well as for pregnant
 women, which will incentivize health care providers to comply with CDC
 guidelines and make HIV screening a routine part of their health care delivery.
 At the same time, AB 682 will still ensure that patients are aware of the test and
 know they may opt out of screening.

 AB 1155 (Huffman)        DMHC ENFORCEMENT                                                           Passed from the             Francisco
 This bill would require that enforcement actions by the Department of Managed                       Senate, 24-11. Held         Silva
 Health Care (DMHC) make physicians whole. Where the DMHC has found that an                          in the Assembly.
 HMO has underpaid a physician (pursuant to the law created by AB 1455), the
 bill would require the penalty amount to, at a minimum, equal the amount of the
 underpayment plus interest. The enforcement action would also have to ensure
 that the physician is compensated by the HMO for the full amount of the
 underpayment plus interest.




                              For more information, contact CMA Government Relations at (916) 444-5532                                        1
CMA SPONSORED LEGISLATION cont.                                                       STATUS                 STAFF
AB 1226 (Hayashi)            MEDI-CAL PHYSICIAN ENROLLMENT                            Signed by the           Lisa Folberg
This bill will help facilitate physician enrollment in the Medi-Cal program by        Governor.
shortening the time the Department of Health Services (DHS) has to process
physician applications. It will also create a more efficient provider enrollment
process by allowing physicians already approved as Medicare providers and
hospital-based physicians to enroll using an alternative, simplified application.
The bill would also allow a physician to submit a shortened application for a
change of address, rather than have to submit a new application.

AB 1324 (De La Torre) RETROACTIVE POLICY CANCELLATION                                 Signed by the           Jodi Hicks
This bill will protect patients and physicians by confirming that the law prohibits   Governor.
attempts by HMOs and insurance to retroactively rescind or modify treatment
authorizations after the treatment has been provided by the physician in good
faith. The bill reaffirms that “authorization” includes confirming eligibility;
thereby ensuring that once treatment is authorized by the HMO it has no
incentive to “save” money by canceling or rescinding coverage.

CMA OPPOSED LEGISLATION                                                               STATUS                 STAFF

AB 374 (Berg)              CALIFORNIA COMPASSIONATE CHOICES ACT                       Died on inactive        Brett
This bill will allow physicians in California to prescribe lethal doses of            file.                   Michelin
pharmaceutical drugs to people who have been diagnosed with a terminal illness
and are in intractable pain. The bill is modeled after the Oregon law allowing
physicians and surgeons to help a person end their life.

AB 425 (Adams)          VEHICLES: MOTORCYCLES: SAFETY HELMETS:                        Failed to get out of    Teresa Kline
                        EXCEPTIONS                                                    Assembly
This bill would exempt from the motorcycle helmet law a driver who is 18 years        Transportation
of age or older who has either completed a motorcycle rider training program, or      Committee.
has been issued a class M1 license or endorsement or a comparable license or
endorsement from another jurisdiction.

AB 636 (Levine)          ACUPUNCTURE                                                  Failed Legislative      Jodi Hicks
This bill would add the use of "low-level laser stimulation" to the modalities that   Deadline.
may be performed under an acupuncturist's license. This therapy would be
performed with a biostimulation laser device designated as a class IIIb laser by
the Federal Food and Drug Administration.

AB 1276 (Karnette)        PRESCRIPTION LABELS                                         Failed to get out of    Brett
This bill will make it unprofessional conduct for each instance that a physician      policy committee.       Michelin
and surgeon writes a prescription without specifically asking the patient if they
would like the intended purpose of the drug to be written on the prescription
label.



                         For more information, contact CMA Government Relations at (916) 444-5532                          2
CMA OPPOSED LEGISLATION cont.                                                           STATUS               STAFF
AB 1444 (Emmerson) PHYSICAL THERAPISTS                                                  Failed Legislative    Jodi Hicks
This bill would allow for direct access by physical therapists to be able to treat      Deadline.
patients without referral from a physician.

AB 1643 (Niello)          NURSE PRACTITIONERS                                           Failed Legislative    Jodi Hicks
This bill eliminates the physician supervision ratio for Nurse Practitioners (1:4) in   Deadline.
current law.

SB 389 (Yee)              BILLING FOR SERVICES RENDERED                                 Failed Legislative    Francisco
This bill would prohibit out-of-network hospital-based physicians working at            Deadline.             Silva
hospitals that have contracts with HMOs from billing enrollees of HMOs and,
effectively, allow HMOs to unilaterally set rates for out-of-network emergency
care. This bill would also require the Department of Managed Health Care and
the Department of Insurance to implement an independent provider dispute
resolution system, in consultation with representatives of health plans or
insurers, providers and consumer representatives.

SB 840 (Kuehl)             SINGLE PAYER HEALTH COVERAGE                                 Passed from           Lisa Folberg
This bill is a reintroduction of Senator Kuehl’s legislation to create a single-payer   Assembly Health
system of health care in California. Specifically, SB 840 creates a single payer        Committee, 12-5.
purchasing pool and would prohibit most private health insurance from being             Held in the
sold. The new system would be funded by employer fees, individual                       Assembly
contributions, and consolidating state and federal funding. An individual could         Appropriations
select a primary care provider or enroll in an HMO. The new office of the Health        Committee.
Care Commissioner (HCC) would determine premium costs, provider rates, and
program costs, drug pricing and financing mechanism. All Californians residents
would be eligible.

SB 993 (Calderon, Aanestad) PSYCHOLOGISTS: PRESCRIBING DRUGS                            Failed Legislative    Jodi Hicks
This bill would allow psychologists, after training and receiving certification         Deadline.
adopted by the Board of Psychology, to prescribe psychotropic drugs. This bill
would give the Board of Psychology the ability to administer a licensing program
for prescribing psychologists.

SB 1014 (Kuehl)         SINGLE PAYER HEALTH CARE COVERAGE TAX                           Failed Legislative    Lisa Folberg
This bill would impose various new taxes to fund SB 840 (Kuehl). The bill would         Deadline.
impose a new tax on taxable income above $200,000, non-wage income, self-
employment income, and payroll.




                          For more information, contact CMA Government Relations at (916) 444-5532                         3
BILLS OF INTEREST                                                                      STATUS                STAFF
SB 557 (Wiggins)         WORKERS' COMP: QUALIFIED MEDICAL                              Vetoed by the         Jodi Hicks
                         EVALUATORS: AUDIOLOGISTS                                      Governor.
This bill would expand the current scope of practice for an audiologist by
allowing audiologists to determine disability within the workers’ compensation
system.

AB 1 (Laird)             HEALTH CARE COVERAGE                                          Passed from the       Lisa Folberg
This bill would expand eligibility for state subsidized children's health insurance    Senate, 23-15. Held
from 250 to 300 percent of the federal poverty level (about $50,000 for a family       in the Assembly.
of three). The bill would also streamline eligibility and enrollment in these
programs and require better coordination between the Medi-Cal Program, the
Healthy Families Program, and local health initiatives. Additionally, the bill would
create a buy-in program for uninsured children in families with incomes that
exceed 300% of FPL.

AB 8 (Nuñez)            HEALTH CARE COVERAGE                                           Vetoed by the         Lisa Folberg
This bill would make a number of substantial changes to the health care system.        Governor.
The bill would expand the state’s Medi-Cal and Healthy Families Programs to
children and their parents up to 300% of the federal poverty level, and to certain
uninsured adults. The plan would create a health insurance purchasing pool and
implement insurance market reforms. The plan would be financed by redirecting
existing resources and requiring an employer and employee contribution.

SB 236 (Runner)            HEALTH CARE COVERAGE                                        Failed Legislative    Lisa Folberg
This bill is a placeholder for the primary components of the Senate Republican         Deadline.
health system reform legislation.

SB 761 (Ridley-Thomas) MEDICAL BOARD OF CALIFORNIA                                     Held in Assembly      Brett
This bill would form a Clinical Advisory Council for the diversion program             Appropriations.       Michelin
maintained by the Medical Board of California (MBC). The council will ensure the
diversion program maintains a high level of quality care for impaired physicians.
The bill also continues the pilot program on vertical integration between medical
board investigators and Deputy Attorney Generals. Early results have shown a
decrease in the length of investigations by the MBC.




                         For more information, contact CMA Government Relations at (916) 444-5532                         4

				
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