Bill Text: CA SB136 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Public contracts: prevailing wages.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2011-10-09 - Chaptered by Secretary of State. Chapter 698, Statutes of 2011. [SB136 Detail]

Download: California-2011-SB136-Amended.html

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BILL NUMBER: SB 136	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 19, 2011
	AMENDED IN SENATE  APRIL 28, 2011

INTRODUCED BY   Senator Yee

                        JANUARY 31, 2011

   An act to amend Section 14132.725 of the Welfare and Institutions
Code, relating to Medi-Cal.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 136, as amended, Yee. Medi-Cal: telemedicine.
   Existing law establishes the Medi-Cal program, administered by the
State Department of Health Care Services, under which basic health
care services are provided to qualified low-income persons. The
Medi-Cal program is, in part, governed and funded by federal Medicaid
Program provisions. Existing law provides, to the extent that
federal financial participation is available, that face-to-face
contact between a health care provider and a patient shall not be
required under the Medi-Cal program for teleophthalmology and
teledermatology by store and forward, as defined. Existing law
requires the department to report to the Legislature, on or before
January 1, 2008, the number and type of services provided, and the
payments made related to the application of store and forward
telemedicine as a Medi-Cal benefit. Existing law repeals these
provisions on January 1, 2013.
   This bill would  delete the   revise this
 reporting requirement  , as specified, would require the
department to require providers to use the appropriate billing code,
 and would extend the implementation of these provisions until
January 1, 2018.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 14132.725 of the Welfare and Institutions Code
is amended to read: 
   14132.725.  (a) Commencing July 1, 2006, to the extent that
federal financial participation is available, face-to-face contact
between a health care provider and a patient shall not be required
under the Medi-Cal program for teleophthalmology and teledermatology
by store and forward. Services appropriately provided through the
store and forward process are subject to billing and reimbursement
policies developed by the department.
   (b) 
    14132.725.    (a)  For purposes of this
section, "teleophthalmology and teledermatology by store and forward"
means an asynchronous transmission of medical information to be
reviewed at a later time by a physician at a distant site who is
trained in ophthalmology or dermatology or, for teleophthalmology, by
an optometrist who is licensed pursuant to Chapter 7 (commencing
with Section 3000) of Division 2 of the Business and Professions
Code, where the physician or optometrist at the distant site reviews
the medical information without the patient being present in real
time.  A  
   (b) (1) Commencing July 1, 2006, to the extent that federal
financial participation is available, face-to-face contact between a
health care provider and a patient shall not be required under the
Medi-Cal program for teleophthalmology and teledermatology by store
and forward. Services appropriately provided through the store and
forward process are subject to billing and reimbursement policies
developed by the department.  
   (2) Commencing with the next available general provider bulletin
after January 1, 2012, the department shall require providers billing
for store and forward teleophthalmology and teledermatology to use
the appropriate billing code. 
    (3)     A  patient receiving
teleophthalmology or teledermatology by store and forward shall be
notified of the right to receive interactive communication with the
distant specialist physician or optometrist, and shall receive an
interactive communication with the distant specialist physician or
optometrist, upon request. If requested, communication with the
distant specialist physician or optometrist may occur either at the
time of the consultation, or within 30 days of the patient's
notification of the results of the consultation. If the reviewing
optometrist identifies a disease or condition requiring consultation
or referral pursuant to Section 3041 of the Business and Professions
Code, that consultation or referral shall be with an ophthalmologist
or other appropriate physician and surgeon, as required.
   (c) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department may implement, interpret, and make specific this section
by means of all-county letters, provider bulletins, and similar
instructions.
   (d) The health care provider shall comply with the informed
consent provisions of subdivisions (c) to (g), inclusive, of, and
subdivisions (i) and (j) of, Section 2290.5 of the Business and
Professions Code when a patient receives teleophthalmology or
teledermatology by store and forward. 
   (e) The department shall report to the appropriate policy and
fiscal committees of the Legislature no later than January 1, 2015,
and again no later than January 1, 2017, all of the following: 

   (1) The number and dollar amount of claims billed under the
program established by this section for every year that it has been
implemented.  
   (2) The number and dollar amount of all ophthalmology and
dermatology claims for all years that the program established by this
section has been implemented.  
   (3) The number and dollar amount of all ophthalmology and
dermatology claims for the three years prior to the authorization of
store and forward.  
   (e) 
    (f)  This section shall remain in effect only until
January 1, 2018, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2018, deletes or
extends that date.