Bill Text: CA AB2024 | 2015-2016 | Regular Session | Amended

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

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Bill Title: Critical access hospitals: employment.

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Passed) 2016-09-23 - Chaptered by Secretary of State - Chapter 496, Statutes of 2016. [AB2024 Detail]

Download: California-2015-AB2024-Amended.html

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BILL NUMBER: AB 2024	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 23, 2016
	AMENDED IN ASSEMBLY  APRIL 11, 2016

INTRODUCED BY   Assembly Member Wood
   (Coauthors: Assembly Members Bigelow, Dahle, Gallagher, and
Obernolte)

                        FEBRUARY 16, 2016

   An act to amend Section 2401 of the Business and Professions Code,
relating to healing arts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2024, as amended, Wood. Critical access hospitals: employment.
   Existing law, the Medical Practice Act, restricts the employment
of physicians and surgeons and doctors of podiatric medicine by a
corporation or other artificial legal entity to  entitites
  entities  that do not charge for professional
services rendered to patients and are approved by the Medical Board
of California, subject to specified exemptions.
   This bill, until January 1, 2024, would also authorize a federally
certified critical access hospital to employ those medical
professionals and charge for professional services rendered by those
medical  professionals, and would prohibit the critical
access   professionals   if the medical staff
concur by an affirmative vote that the professional's employment is
in the best interest of the communities served by the hospital and
the  hospital  from directing or interfering 
 does not direct or interfere  with the professional
judgment of a physician and surgeon, as specified. The bill would
require the  Legislative Analyst,   board, 
on or before July 1, 2023, to provide a report to the Legislature
containing data on the impact of this authorization on federally
certified critical access  hospitals.  
hospitals and their ability to recruit and retain physicians and
surgeons, as specified. 
   Vote: majority. 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 2401 of the Business and Professions Code is
amended to read:
   2401.  (a) Notwithstanding Section 2400, a clinic operated
primarily for the purpose of medical education by a public or private
nonprofit university medical school, which is approved by the board
or the Osteopathic Medical Board of California, may charge for
professional services rendered to teaching patients by licensees who
hold academic appointments on the faculty of the university, if the
charges are approved by the physician and surgeon in whose name the
charges are made.
   (b) Notwithstanding Section 2400, a clinic operated under
subdivision (p) of Section 1206 of the Health and Safety Code may
employ licensees and charge for professional services rendered by
those licensees. However, the clinic shall not interfere with,
control, or otherwise direct the professional judgment of a physician
and surgeon in a manner prohibited by Section 2400 or any other law.

   (c) Notwithstanding Section 2400, a narcotic treatment program
operated under Section 11876 of the Health and Safety Code and
regulated by the State Department of Health Care Services, may employ
licensees and charge for professional services rendered by those
licensees. However, the narcotic treatment program shall not
interfere with, control, or otherwise direct the professional
judgment of a physician and surgeon in a manner prohibited by Section
2400 or any other law.
   (d) Notwithstanding Section 2400, a hospital that is owned and
operated by a licensed charitable organization, that offers only
pediatric subspecialty care, that, prior to January 1, 2013, employed
licensees on a salary basis, and that has not charged for
professional services rendered to patients may, commencing January 1,
2013, charge for professional services rendered to patients,
provided the following conditions are met:
   (1) The hospital does not increase the number of salaried
licensees by more than five licensees each year.
   (2) The hospital does not expand its scope of services beyond
pediatric subspecialty care.
   (3) The hospital accepts each patient needing its scope of
services regardless of his or her ability to pay, including whether
the patient has any form of health care coverage.
   (4) The medical staff concur by an affirmative vote that the
licensee's employment is in the best interest of the communities
served by the hospital.
   (5) The hospital does not interfere with, control, or otherwise
direct a physician and surgeon's professional judgment in a manner
prohibited by Section 2400 or any other law.
   (e) (1) Notwithstanding Section 2400, until January 1, 2024, a
federally certified critical access hospital may employ licensees and
charge for professional services rendered by those 
licensees. However, the critical access   licensees to
  patients, provided both of the following conditions are
met:  
   (A) The medical staff concur by an affirmative vote that the
licensee's employment is in the best interest of the communities
served by the hospital. 
    (B)    The  hospital  shall
  does  not interfere with, control, or otherwise
direct  the professional judgment of  a physician
and  surgeon   surgeon's professional judgment
 in a manner prohibited by Section 2400 or any other law.
   (2)  (A)    On or before July 1, 2023, the
 Legislative Analyst   board  shall provide
a report to the Legislature containing data about the impact of
paragraph (1) on federally certified critical access hospitals 
and their ability to recruit and retain physicians and surgeons 
between January 1, 2017, and January 1,  2024, 
 2023,  inclusive.    This report shall be
submitted in comp   liance with Section 9795 of the
Government Code.  
   (B) The requirement for submitting a report imposed under
subparagraph (A) is inoperative on July 1, 2027.