Bill Text: CA SB1290 | 2017-2018 | Regular Session | Amended
Bill Title: Substance abuse disorder treatment.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-05-25 - May 25 hearing: Held in committee and under submission. [SB1290 Detail]
Download: California-2017-SB1290-Amended.html
Amended
IN
Senate
April 30, 2018 |
Amended
IN
Senate
March 22, 2018 |
Senate Bill | No. 1290 |
Introduced by Senator Bates |
February 16, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
It is the intent of the Legislature to encourage public and private sector businesses and organizations providingSEC. 2.
Article 3 (commencing with Section 11829.5) is added to Chapter 6 of Part 2 of Division 10.5 of the Health and Safety Code, to read:Article 3. Commission on Substance Abuse and Recovery
11829.5.
(a) The Commission on Substance Abuse and Recovery is hereby established to provide comprehensive recommendations to the Legislature to create a coordinated and unified effort among state and local agencies to effectively confront the statewide addiction and substance abuse crisis with appropriate care and consideration of local effects.SEC. 3.
Section 11834.19 is added to the Health and Safety Code, to read:11834.19.
(1)
(2)
(3)
(4)
(b)This section shall not apply to any of the following:
(1)A discount, payment, waiver of payment, or payment practice not prohibited by 42 U.S.C. 1320a-7b(b) or regulations promulgated
thereunder.
(2)A payment, compensation, or financial arrangement within a medical group practice if the payment, compensation, or arrangement is not to or from persons who are not members of the group practice.
(3)Payments to an alcoholism or drug abuse recovery or treatment facility for professional consultation services.
(4)Commissions, fees, or other remuneration lawfully paid to insurance agents.
(5)Payments by a health insurer who reimburses, provides, offers to provide, or administers substance abuse goods or services under a health benefit plan.
(6)Payments to or by an alcoholism or drug abuse recovery or treatment facility that has contracted with a health insurer, a health
insurance purchasing alliance, or the Medicare or Medicaid programs to provide substance abuse goods or services under a health benefit plan if the payments are for goods or services under the plan.
(7)Insurance advertising gifts lawfully permitted.
(8)Commissions or fees paid to a nurse registry licensed for referring persons providing substance abuse services to clients of the nurse registry.
(9)Payments by an alcoholism or drug abuse recovery or treatment facility to a substance abuse information service that provides information upon request and without charge to consumers about providers of substance abuse goods or services to enable consumers to select an appropriate alcoholism or drug abuse recovery or treatment facility if the information service meets all of the following requirements:
(A)Does not attempt through its standard questions for solicitation of consumer criteria or through any other means to steer or lead a consumer to select or consider selection of a particular alcoholism or drug abuse recovery or treatment facility.
(B)Does not provide or represent itself as providing diagnostic or counseling services or assessments of illness or injury and does not make any promises of cure or guarantees of treatment.
(C)Does not provide or arrange for transportation of a consumer to or from the location of an alcoholism or drug abuse recovery or treatment facility.
(D)Charges and collects fees from an alcoholism or drug abuse recovery or treatment facility participating in its services that are set in advance, are consistent with the
fair market value for those information services, and are not based on the potential value of a patient or patients to an alcoholism or drug abuse recovery or treatment facility or of the goods or services provided by the alcoholism or drug abuse recovery or treatment facility.