CTRC Legislative/Regulatory October 2014 Update

Please Note: CCHP has a pending legislation/regulation webpage located at the following link: http://cchpca.org/laws/pending/state

LEGISLATION

2014 Approved Legislation

State Bill # Status Summary
California AB 809 9/18/14: Enacted Clarifies points of oral consent law.
California AB 1174 9/28/14: Enacted This bill would stipulate that for payment under Medi-Cal, face-to-face contact between a health care provider and patient is not necessary for tele-dentistry by store and forward, among other things.
California SB 1445 8/22/14:  Chaptered This bill would include telehealth services and support under the meaning of “services and supports for persons with development disabilities”.

 

2013 Approved Legislation

State Bill # Status Summary
California SB 82 10/1/13: Chaptered. This bill would establish the Investment in Mental Health Wellness Act of 2013, providing funds to selected counties to increase capacity for client assistance and services in crisis intervention, stabilization, treatment, rehabilitative mental health services and mobile crisis support teams.  Among other things, the bill would authorize triage personnel to provide targeted case management services face to face by telephone or by telehealth.
California SB 639 9/20/13: Chaptered. This bill would replace the word “telemedicine” with “telehealth.”
California SB 821 10/1/13: Chaptered This bill would require that to qualify for licensure, applicants must have 3000 post-degree hours of supervised clinical mental health experience.  Not more than 375 of those hours of experience can include services via telehealth.

 

Legislature Ended without Passing

State Bill # Status Summary
California AB 1771 6/24/14: Amended and re-referred to Senate Committee on Appropriations. This bill would require a health care service plan or a health insurer, with respect to contracts and policies issued, amended, or renewed on or after January 1, 2016, to cover telephone visits provided by a physician.  However they would not be required to cover telephone visits separately, including a telephone visit for which reimbursement is already provided as part of a separate service or procedure. Because a willful violation of the bill’s requirements by a health care service plan or health insurer would be a crime, the bill would impose a state-mandated local program.
California AB 1310 8/28/14:  In Assembly Committee on Health. Prohibits the State Department of Health Care Services from requiring a health care provider licensed in the State to be located in the State as a condition of Medi-Cal provider enrollment or reimbursement for telehealth services provided to Medicare or Medicaid beneficiaries located in the State at the time of service.

 

Vetoed

State Bill # Status Summary
California AB 1231 10/9/13: Vetoed This bill would promote the use of technology and telehealth for the delivery of regional center services for individuals with autism spectrum disorder.

 

REGULATION

2014 Adopted Regulation

Stat Reg. Status Summary
California Title 16, Div. 39, Sec 4172 12/30/13: Adopted

Effective: 4/1/14

The purpose of the proposed regulatory language is to implement and clarify existing law, Business and Professions Code (BPC) section 2290.5, pertaining to services provided via “telehealth” for occupational therapists. See CCHP’s factsheet on the regulation for further details.
California Title 10 CCR

Health Benefit Exchange

9/30/14:  Office of Administrative Law – Notice of Emergency Regulatory Action

Effective:  9/30/14

Expires: 9/30/15

Agency: Health Benefit Exchange

Title: Eligibility and Enrollment Process – Individual Exchange

These regulations established the Health Benefit Exchange’s policies and procedures for eligibility determination and redetermination, enrollment, and termination.  Specific to telehealth, it refers to Section 2290.5 of the Business and Professions Code to define the term telemedicine or telehealth.

California 10 CCR Sec. 6420, 6422 9/3/14:  Approval of Emergency Rule

Expires: 3/6/16

 

Agency: Health Benefit Exchange

The California Health Benefit Exchange (“Exchange”) established the process for eligible health issuers in the Individual and SHOP exchanges to submit proposed qualified health plans (QHP) for recertification.  The application will include questions regarding the applicant plan’s use of technology and telemedicine.