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. Existing law, the Knox-Keene Health Care Service Plan Act of 1975 (Knox-Keene) , provides for the licensure and regulation of health care service plans by the Department of Managed Health Care. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law requires a contract issued, amended, or renewed on or after January 1, 2021, between a health care service plan or health insurer and a health care provider to require the plan or insurer to reimburse the provider for the diagnosis, consultation, or treatment of an enrollee, subscriber, insured, or policyholder appropriately delivered through telehealth services on the same basis and to the same extent as the same service through in-person diagnosis, consultation, or treatment. Existing law requires a health care service plan contract or health insurance policy issued, amended, or renewed on or after January 1, 2021, to specify that coverage is provided for health care services appropriately delivered through telehealth on the same basis and to the same extent as in-person diagnosis, consultation, or treatment. Existing law exempts Medi-Cal managed care plans that contract with the State Department of Health Care Services under the Medi-Cal program from these provisions, and generally exempts county organized health systems that provide services under the Medi-Cal program from Knox-Keene. This bill would delete the above-described references to contracts issued, amended, or renewed on or after January 1, 2021, would require these provisions to apply to the plan or insurer's contracted entity, as specified, and would delete the exemption for Medi-Cal managed care plans. The bill would subject county organized health systems, and their subcontractors, that provide services under the Medi-Cal program to the above-described Knox-Keene requirements relative to telehealth. The bill would authorize a provider to enroll or recertify an individual in specified Medi-Cal programs through telehealth and other forms of virtual communication, and would authorize a county eligibility worker to determine eligibility for, or recertify eligibility for, the Medi-Cal Minor Consent program remotely through virtual communication, as specified. This bill would require health care services furnished by an enrolled clinic through telehealth to be reimbursed by Medi-Cal on the same basis, to the same extent, and at the same payment rate as those services are reimbursed if furnished in person. The bill would prohibit the State Department of Health Care Services from restricting the ability of an enrolled clinic to provide and be reimbursed for services furnished through telehealth. The bill would require the department to indefinitely continue the telehealth flexibilities in place during the COVID-19 pandemic state of emergency, except as specified. The bill would require the department, by January 2022, to convene an advisory group with specified membership to provide input to the department on the development of a revised Medi-Cal telehealth policy that promotes certain principles, as specified. The bill would require the department, by July 2024, to complete an evaluation to assess the benefits of telehealth in Medi-Cal, including an analysis of improved access for patients, changes in health quality outcomes and utilization, and best practices for the right mix of in-person visits and telehealth, as specified. The bill would require the department to report its findings and recommendations from the evaluation to the appropriate policy and fiscal committees of the Legislature no later than October 31, 2024. The bill would also require the department, in consultation with various stakeholders, to develop one or more alternative payment models, as specified, and to submit and seek federal approval of the state plan amendment necessary for the implementation of those provisions to be effective no later than January 1, 2025.

Bill Text

Bill Activity

  • 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.)

  • 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 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