AB 32 CA 20212022

Session
20212022
Sponsors
Name D Rebecca Bauer-Kahan
Name D Cecilia M. Aguiar-Curry
Name D Joaquin Arambula
Name D Autumn R. Burke
Name R Jordan Cunningham
Name D Cristina Garcia
Name D Cottie Petrie-Norris
Name D Sharon Quirk-Silva
Name D Blanca E. Rubio
Name D Miguel Santiago
Name D Robert Rivas
Name D Steve Bennett
Name D Marc Berman
Name D Lisa Calderon
Name D Wendy Maria Carrillo Dono
Name R Steven S. Choi
Name R Laurie Davies
Name D Ash Kalra
Name D Alexander T. Lee
Name D Brian K. Maienschein
Name I Chad J. Mayes
Name D Kevin C. Mullin
Name D William J. Quirk
Name D Luz Maria Rivas
Name D Rudy Salas Jr.
Name D Mark W. Stone
Name D Carlos Villapudua
Name D Susan Talamantes Eggman
Name Gonzalez
Name D Scott D. Wiener

Title

Telehealth.

Summary

Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Under existing law, Medi-Cal services may be provided pursuant to contracts with various types of managed care health plans, including through a county organized health system. Under existing law, in-person contact between a health care provider and a patient is not required under the Medi-Cal program for services appropriately provided through telehealth. Existing law provides that neither face-to-face contact nor a patient's physical presence on the premises of an enrolled community clinic is required for services provided by the clinic to a Medi-Cal beneficiary during or immediately following a proclamation declaring a state of emergency. Existing law defines "immediately following" for this purpose to mean up to 90 days following the termination of the proclaimed state of emergency, unless there are extraordinary circumstances. Under existing law, federally qualified health center (FQHC) services and rural health clinic (RHC) services are covered benefits under the Medi-Cal program, to be reimbursed, to the extent that federal financial participation is available, to providers on a per-visit basis. "Visit" is defined as a face-to-face encounter between an FQHC or RHC patient and any of specified health care professionals. Under existing law, "visit" also includes an encounter between an FQHC or RHC patient and specified medical professionals when services delivered through that interaction meet the applicable standard of care. Existing law prohibits an FQHC or RHC from establishing a new patient relationship using an audio-only synchronous interaction and authorizes the department to provide specific exceptions to that prohibition, developed in consultation with affected stakeholders and published in departmental guidance. This bill would authorize the department to authorize an FQHC or RHC to establish a new patient relationship using an audio-only synchronous interaction when the visit is related to sensitive services, as defined, and authorize an FQHC or RHC to establish a new patient relationship using an audio-only synchronous interaction when the patient requests an audio-only modality or attests they do not have access to video. Existing law provides that face-to-face contact is not required when covered health care services are provided by video synchronous interaction, audio-only synchronous interaction, remote patient monitoring, or other permissible virtual communication modalities when those services and settings meet certain criteria. Existing law, effective as specified, requires a provider furnishing services via audio-only synchronous interaction to also offer those same health care services via video synchronous interaction to preserve beneficiary choice. Existing law authorizes the department to provide specific exceptions to that requirement based on a Medi-Cal provider's access to requisite technologies, as specified. Existing law also prohibits a health care provider from establishing a new patient relationship with a Medi-Cal beneficiary via, among other interactions, telephonic (audio-only) synchronous interaction. Existing law authorizes the department to provide specific exceptions to that prohibition, as specified. This bill would authorize the department to take into consideration the availability of broadband access when providing those specific exceptions. The bill would authorize the department to authorize a health care provider to establish a new patient relationship using an audio-only synchronous interaction when the visit is related to sensitive services, as defined, and authorize a health care provider to establish a new patient relationship using an audio-only synchronous interaction when the patient requests an audio-only modality or attests they do not have access to video. This bill would incorporate additional changes to Section 14132.100 of the Welfare and Institutions Code proposed by SB 966 to be operative only if this bill and SB 966 are enacted and this bill is enacted last.

Bill Text

Bill Activity

  • Chaptered by Secretary of State - Chapter 515, Statutes of 2022.

  • Signed Approved by the Governor.

  • Enrolled and presented to the Governor at 4 p.m.

  • Senate amendments concurred in. To Engrossing and Enrolling.

  • In Assembly. Concurrence in Senate amendments pending.

  • Passed Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0.).

  • Passed Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 5367.).

  • Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 71. Noes 0.).

  • Ordered to special consent calendar.

  • Read second time. Ordered to third reading.

  • Read third time and amended. Ordered to second reading.

  • Read second time. Ordered to third reading.

  • Read third time and amended. Ordered to second reading.

  • Read second time. Ordered to third reading.

  • From committee: Do pass. (Ayes 7. Noes 0.) (August 11).

  • In committee: Referred to suspense file.

  • From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  • In committee: Hearing postponed by committee.

  • From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (June 29). Re-referred to Com. on APPR.

  • From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.

  • In committee: Set, first hearing. Hearing canceled at the request of author.

  • Referred to Com. on HEALTH.

  • In Senate. Read first time. To Com. on RLS. for assignment.

  • Passed Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 1744.)

  • Passed Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0.)

  • Passed Read third time. Passed. Ordered to the Senate.

  • Read second time. Ordered to third reading.

  • Read second time and amended. Ordered returned to second reading.

  • From committee: Amend, and do pass as amended. (Ayes 16. Noes 0.) (May 20).

  • In committee: Set, first hearing. Referred to APPR. suspense file.

  • From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 0.) (April 27). Re-referred to Com. on APPR.

  • Coauthors revised.

  • Re-referred to Com. on HEALTH.

  • From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.

  • Measure version as revised on April 15 corrected.

  • Coauthors revised.

  • Re-referred to Com. on HEALTH.

  • From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.

  • Referred to Com. on HEALTH.

  • From printer. May be heard in committee January 7.

  • Read first time. To print.

Hearings on this Bill

  • Committee Meeting: Senate Appropriations
  • Committee Meeting: Senate Appropriations
  • Committee Meeting: Senate Appropriations
  • Committee Meeting: Senate Health
  • Committee Meeting: Senate Health
  • Committee Meeting: Assembly Appropriations
  • Committee Meeting: Assembly Health
  • Committee Meeting: Assembly Appropriations

Votes

lower chamber:
Do pass and be re-referred to the Committee on [Appropriations]
lower chamber:
Do pass as amended.
lower chamber:
AB 32 Aguiar-Curry Assembly Third Reading
upper chamber:
Do pass, but first be re-referred to the Committee on [Appropriations]
upper chamber:
Placed on suspense file
upper chamber:
Do pass
lower chamber:
AB 32 Aguiar-Curry Concurrence in Senate Amendments