Bill Text: CA AB1140 | 2009-2010 | Regular Session | Amended

California Assembly Bill 1140 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: California Private Postsecondary Education Act of 2009.

Spectrum: Moderate Partisan Bill (Republican 14-3)

Status: (Engrossed - Dead) 2010-08-31 - To inactive file on motion of Senator Padilla. [AB1140 Detail]

Download: California-2009-AB1140-Amended.html

BILL NUMBER: AB 1140	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 29, 2010
	AMENDED IN ASSEMBLY  APRIL 14, 2009

INTRODUCED BY   Assembly Member Niello
    (   Principal coauthor:   Assembly Member
  Torrico   ) 
    (   Coauthors:   Assembly Members 
 Anderson,   Cook,   Fuentes,  
Fuller,   Gaines,   Garrick,   Gilmore,
  Hagman,   and Knight   ) 
    (   Coauthors:   Senators  
Cogdill,   Cox,   Huff,   and Runner 
 ) 

                        FEBRUARY 27, 2009

    An act to amend Section 655.8 of the Business and
Professions Code, relating to healing arts.   An act to
add and repeal Section 94874.3 of the Education Code, relating to
private postsecondary education, and declaring the urgency thereof,
to take effect immediately. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1140, as amended, Niello.  Diagnostic imaging services.
  California Private Postsecondary Education Act of
2009: flight schools and aircraft maintenance programs.  
   Existing law establishes the California Private Postsecondary
Education Act of 2009, which, among other things, provides for
student protections and regulatory oversight of private postsecondary
schools in the state. Existing law establishes the Bureau for
Private Postsecondary Education to regulate private postsecondary
institutions through the powers granted, and the duties imposed, by
the act.  
   This bill would prohibit the bureau, for the period July 1, 2010,
to December 31, 2011, inclusive, from enforcing the act against
institutions that offer flight instruction or institutions that offer
Federal Aviation Administration certified educational programs in
aircraft maintenance. The bill would also require the Legislature to
hold public informational hearings for the purpose of reviewing the
appropriateness of regulating educational programs in flight
instruction and aircraft maintenance under the act.  
   This bill would declare that it is to take effect immediately as
an urgency statute.  
   Existing law prohibits a healing arts practitioner from charging,
billing, or soliciting payment from any patient, client, customer, or
3rd-party payer for performance of the technical component of
specified diagnostic imaging services not rendered by the
practitioner or a person under the practitioner's supervision, as
defined. Existing law also defines a 3rd-party payer as any person or
entity who is responsible to pay for CT, PET, or MRI services
provided to a patient.  
   This bill would specify that a 3rd-party payer includes, but is
not limited to, a person or entity who contracts with insurance
carriers, self-insured employers, 3rd-party administrators, or any
other person or entity who, pursuant to a contract, is responsible to
pay for CT, PET, or MRI services. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee:  no   yes  .
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 94874.3 is added to the 
 Education Code  , to read:  
   94874.3.  (a) For the period July 1, 2010, to December 31, 2011,
inclusive, the bureau shall not enforce this chapter against an
institution that offers flight instruction or an institution that
offers Federal Aviation Administration certified educational programs
in aircraft maintenance.
   (b) The Legislature shall hold public informational hearings for
the purpose of reviewing the appropriateness of regulating
educational programs in flight instruction and aircraft maintenance
under this chapter.
   (c) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date. 
   SEC. 2.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to prevent the Bureau for Private Postsecondary Education
from requiring institutions that offer flight instruction and
institutions that offer Federal Aviation Administration certified
educational programs in aircraft maintenance to file applications for
approval to operate on or before August 1, 2010, it is necessary for
this act to take effect immediately.  
  SECTION 1.    Section 655.8 of the Business and
Professions Code is amended to read:
   655.8.  (a) It is unlawful for any person licensed under this
division or under any initiative act referred to in this division to
charge, bill, or otherwise solicit payment from any patient, client,
customer, or third-party payer for performance of the technical
component of Computerized Tomography (CT), Positron Emission
Tomography (PET), or Magnetic Resonance Imaging (MRI) diagnostic
imaging services if those services were not actually rendered by the
licensee or a person under his or her supervision.
   (b) Radiological facilities or imaging centers performing the
technical component of CT, PET, or MRI diagnostic imaging services
shall directly bill either the patient or the responsible third-party
payer for such services rendered by those facilities. Radiological
facilities or imaging centers shall not bill the licensee who
requests the services.
   (c) This section shall not apply to any of the following:
   (1) Any person who, or radiological facility or imaging center
that, contracts directly with a health care service plan licensed
pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2
of the Health and Safety Code.
   (2) Any person who, or clinic that, provides diagnostic imaging
services without charge to the patient, or on a sliding scale payment
basis if the patient's charge for services is determined by the
patient's ability to pay.
   (3) Health care programs operated by public entities, including,
but not limited to, colleges and universities.
   (4) Health care programs operated by private educational
institutions to serve the health care needs of their students.
   (5) Any person who, or clinic that, contracts with an employer to
provide medical services to employees of the employer if the
diagnostic imaging services are provided under the contract.
   (6) Diagnostic imaging services that are performed within a
physician and surgeon's office, as defined in paragraph (5) of
subdivision (b) of Section 650.01, or the office of a group practice,
as defined in paragraph (6) of subdivision (b) of Section 650.01.
   (d) Nothing in this section prohibits a licensee or a physician
entity from billing globally for professional and technical
components if both of the following conditions are met:
   (1) Neither the physician, or any member of his or her medical
group, nor the physician entity has ordered the diagnostic imaging
services.
   (2) The physician, or a member of his or her medical group, or the
physician entity provides the professional interpretation of the
diagnostic imaging service.
   (e) Nothing in subdivision (d) is intended to authorize or permit
an imaging center to engage in the practice of medicine or exercise
other professional rights, privileges, or powers in violation of
Section 2400 of the Business and Professions Code.
   (f) For the purposes of this section, the following terms shall
have the following meanings:
   (1) "Physician entity" means a professional medical corporation
formed pursuant to Section 2406 or a general partnership that
consists entirely of physicians and surgeons or professional medical
corporations.
   (2) "Responsible third-party payer" means any person or entity who
is responsible to pay for CT, PET, or MRI services provided to a
patient, including, but not limited to, a person or entity who
contracts with insurance carriers, self-insured employers,
third-party administrators, or any other person or entity who,
pursuant to a contract, is responsible to pay for CT, PET, or MRI
services provided to a patient covered by that contract.
   (3) "Supervision" means that the referring licensee is providing
the level of supervision set forth in paragraph (3) of subsection (b)
of Section 410.32 of Title 42 of the Code of Federal Regulations.
   (4) "Technical component" includes services other than those
provided by a physician and surgeon for the CT, PET, or MRI including
personnel, materials, space, equipment, and other facilities.