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HEALTHCARE

| Jan. 5, 2022

Jan. 5, 2022

HEALTHCARE

• AB 133 (Committee on Budget) This bill is an omnibus health trailer bill and contains changes to implement the 2021-22 Budget. act to add Section 502 to, and to repeal Sections 2717, 2852.5, 3518.1, 3770.1, and 4506 of, the Business and Professions Code, to amend Section 100504 of, and to add Sections 100503.5 and 100520.5 to, the Government Code, to amend Sections 38074, 102430, 120511, 120780.2, 120956, 120972, 127000, 127005, 127010, 127280, 127285, 127345, 127346, 127350, 127360, 127400, 127435, 127450, 127671, 127671.1, 127672, 127672.8, 127672.9, 127673, 127673.1, 127673.2, 127673.3, 127673.4, 127673.5, 127673.6, 127673.7, 127673.8, 127673.81, 127673.82, 127673.83, 127673.84, 127674, 127674.1, 127675, 127677, 127679, 127681, 127683, 127685, 127885, 127900, 127940, 127985, 127995, 128000, 128005, 128020, 128030, 128035, 128040, 128050, 128051, 128052, 128130, 128135, 128140, 128155, 128165, 128170, 128175, 128180, 128190, 128195, 128205, 128215, 128220, 128230, 128235, 128330, 128345, 128350, 128355, 128365, 128370, 128371, 128375, 128385, 128401, 128454, 128458, 128485, 128550, 128551, 128552, 128553, 128555, 128556, 128690, 128700, 128705, 128730, 128734, 128735, 128736, 128737, 128738, 128740, 128745, 128747, 128748, 128750, 128755, 128760, 128765, 128766, 128770, 128775, 128782, 128785, 128790, 128795, 128800, 128805, 128810, 129010, 129015, 129020, 129022, 129030, 129035, 129040, 129045, 129049, 129050, 129051, 129052, 129055, 129065, 129070, 129075, 129080, 129085, 129087, 129090, 129092, 129095, 129100, 129105, 129110, 129125, 129130, 129135, 129140, 129145, 129150, 129152, 129155, 129160, 129165, 129170, 129172, 129173, 129174, 129174.1, 129175, 129180, 129185, 129200, 129205, 129210, 129220, 129221, 129230, 129295, 129330, 129335, 129355, 129680, 129715, 129730, 129740, 129750, 129760, 129761, 129765, 129770, 129775, 129785, 129787, 129790, 129795, 129800, 129805, 129810, 129812, 129820, 129825, 129830, 129835, 129840, 129850, 129851, 129853, 129855, 129856, 129875, 129875.1, 129880, 129885, 129890, 129895, 129900, 129905, 129925, 129930, 129940, 129950, 129975, 129980, 129985, 129990, 130000, 130005, 130010, 130020, 130025, 130050, 130055, 130060, 130061, 130061.5, 130062, 130063, 130063.1, 130064, 130065, 130066, 130070, and 131300 of, to amend the heading of Part 1 (commencing with Section 127000) of Division 107 of, to amend the heading of Division 107 (commencing with Section 127000) of, to amend the heading of Article 5 (commencing with Section 128050) of Chapter 2 of Part 3 of Division 107 of, to amend the heading of Article 1 (commencing with Section 128125) of Chapter 3 of Part 3 of Division 107 of, to amend the heading of Article 1 (commencing with Section 128330) of Chapter 5 of Part 3 of Division 107) of, and to amend the heading of Chapter 5 (commencing with Section 128330) of Part 3 of Division 107 of, to amend and repeal Section 128335 of, to add3 Sections 1374.722, 120972.1, 122445, 127002, 128337, and 128338 to, to add Article 11.9 (commencing with Section 1399.870 to Chapter 2.2 of Division 2 of, to add Chapter 14 (commencing with Section 1860) to Division 2.5 of, to add Chapter 13.8 (commencing with Section 121295) to Part 4 of Division 105 of, to add Chapter 1.5 (commencing with Section 127825) to Part 3 of Division 107 of, and to add Division 109.7 (commencing with Section 130290) to, to add and repeal Chapter 1.7 (commencing with Section 103871) of Part 2 of Division 102 of, to repeal Sections 103870.2, 125075, 127015, 127020, 127025, 127030, 127035, 127040, 127045, 127050, 127125, 127130, 127135, 127140, 127145, 127150, 127155, 127160, 127165, 127170, 127175, 127180, 127185, 127190, 127195, 127200, 127205, 127210, 127215, 127220, 127225, 127230, 127235, 127240, 127245, 127250, 127255, 127260, 127265, 127270, 127275, 127290, 127295, 127300,128207, 128224, 128240, 128240.1 128241, 128340, 128395, 128456, 128495, 128554, 128557, and 128681 of, to repeal the heading of Article 1 of Chapter 2 of Part 2 of Division 107 of, to repeal the heading of Article 3 of Chapter 4 of Part 3 of Division 107 of, to repeal the heading of Chapter 2 of Part 5 of Division 107 of, to repeal the heading of Chapter 3 of Part 5 of Division 107 of, to repeal the heading of Chapter 2 of Part 7 of Division 107 of, to repeal Article 1 (commencing with Section 127750) of Chapter 1 of Part 3 of Division 107 of, to repeal Article 2.5 (commencing with Section 127925) of Chapter 2 of Part 3 of Division 107 of, to repeal Article 2 (commencing with Section 128198) of Chapter 3 of Part 3 of Division 107 of, to repeal Article 2 (commencing with Section 128250) of Chapter 4 of Part 3 of Division 107 of, to repeal Article 3 (commencing with Section 128425) of Chapter 5 of Part 3 of Division 107 of, to repeal Article 6 (commencing with Section 128560) of Chapter 5 of Part 3 of Division 107 of, to repeal Part 4 (commencing with Section 128600) of Division 107, to repeal Chapter 3 (commencing with Section 127575) of Part 2 of Division 107 of, Chapter 4 (commencing with Section 127620) of Part 2 of Division 107 of, and Chapter 8 (commencing with Section 127670) of Part 2 of Division 107 of, to repeal Chapter 2 (commencing with Section 129375) of Part 6 of Division 107 of, and to repeal Chapter 2 of Part 7 of Division 107 of, and to repeal and add Sections 128225 and 128360 of, the Health and Safety Code, to add Section 10144.53 to the Insurance Code, to amend Sections 1370, 1370.01, 1372, and 4011.11 of the Penal Code, to add Section 30130.59 to the Revenue and Taxation Code, to amend Sections 4100, 4122, 4361, 5886, 7275, 7276, 7277.1, 7278, 7282, 14005.18, 14007.8, 14011.10, 14042.1, 14043.15, 14059.5, 14087.46, 14105.075, 14105.192, 14105.22, 14105.48, 14124.12, 14124.89, 14127.6, 14131.10, 14132.968, 14184.10, 14184.30, 14184.40, 14188.1, 14196.2, 14196.4, 14196.5, 14197.4, 14301.1, 15840, and 17601 of, to amend and repeal Sections 14132.275, 14132.276, 14132.277, 14182.16, 14182.17, 14182.18, 14186, 14186.1, 14186.2, 14186.3, and 14186.4 of, to amend, repeal, and add Section 14132 of, to add Chapter 6.7 (commencing with Section 4361.5) to Part 3 of Division 4 of, to add Part 7 (commencing with Section 5960) to Division 5 of, to add Article 5.51 (commencing with Section 14184.100) to Chapter 7 of Part 3 of Division 9 of, to add Sections 4147, 4335.2, 14000.6, 14005.185, 14005.62, 14043.51, 14105.194, 14105.222, 14126.029, 14132.755, 14132.85, 14132.969, and 14197.9 to, to repeal Chapter 1 (commencing with Section 5960) of Part 7 of Division 5 of, to repeal Sections 14021.37 and 14105.485 of, and to repeal and add Sections 14124.90 and 14188.4 of, the Welfare and Institutions Code, to repeal Section 69 of Chapter 12 of the Statutes of 2020, and to amend Items 4265-001-0001 and 4265-111-0001 of Section 2.00 of the Budget Act of 2019 (Chapters 23 and 55 of the Statutes of 2019), relating to health, and making an appropriation therefor, to take effect immediately, bill related to the budget.

• AB 134 (Committee on Budget) This bill is an omnibus health trailer bill and contains changes to implement the 2021-22 Budget. act to amend Sections 5847 and 5892 of the Welfare and Institutions Code, relating to mental health, and making an appropriation therefor, to take effect immediately, bill related to the budget.

• AB 323 (Kalra) Changes the standard for Department of Public Health (DPH) when issuing penalties against long-term care (LTC) facilities for violations that result in the death of a resident from “direct proximate cause” to “substantial factor” and the death was a result of the violation. Increases the amount of civil penalties assessed against LTC facilities. act to amend Sections 1423, 1424, and 1424.5 of the Health and Safety Code, relating to health facilities.

• AB 326 (Luz Rivas) Makes permanent in existing law the authority of the Department of Managed Health Care (DMHC) Director to establish the Consumer Participation Program (program), which allows the DMHC Director to award reasonable advocacy and witness fees to a person or organization that represents consumers and has made a substantial contribution on behalf of consumers to the adoption of a regulation or with regard to an order or decision impacting a significant number of enrollees. Makes other technical and conforming changes. act to amend Section 1348.9 of the Health and Safety Code, relating to health care.

• AB 342 (Gipson) Requires a health care service plan (health plan) contract or a health insurance policy, except as specified, to provide coverage without cost sharing for colorectal cancer (CRC) screening tests assigned either a grade A or B by the United States Preventive Services Task Force (USPSTF). Specifies that the required colonoscopy for a positive result on a test or procedure, other than a colonoscopy, that is a colorectal cancer screening examination or laboratory test identified assigned either a grade of A or a grade of B by the USPSTF also be provided without any cost sharing. Clarifies that a health plan or insurer that has coverage for out of network benefits is not precluded from imposing cost-sharing requirements for the items or services described in this bill that are delivered by an out-of-network provider. act to add Section 1367.668 to the Health and Safety Code, and to add Section 10123.207 to the Insurance Code, relating to health care coverage.

• AB 347 (Arambula) Requires a health care service plan (health plan) or health insurer to expeditiously grant a step therapy exception if specified criteria are met, including that the health care provider submit necessary justification and supporting clinical documentation supporting the provider’s determination that the required prescription drug is inconsistent with good professional practice for provision of medically necessary covered services, as specified. Authorizes an enrollee or insured or their designee, guardian, health care provider or prescribing provider to appeal a denial of an exception request for coverage of a nonformulary drug, prior authorization request or step therapy exception request by filing a grievance, as specified. Deems a prior authorization request or step therapy exception request approved for the duration of the prescription, including refills, if a health plan, health insurer, or contracted physician group, or utilization review organization fails to notify a prescribing provider of its coverage determination within a specified timeframe. Defines step therapy exception as a decision to override a generally applicable step therapy protocol in favor of coverage of the prescription drug prescribed by a health care provider for an individual enrollee. act to amend Sections 1367.241 and 1367.244 of, and to add Section 1367.206 to, the Health and Safety Code, and to amend Sections 10123.191, 10123.197, and 10123.201 of the Insurance Code, relating to health care coverage.

• AB 356 (Chen) Authorizes the Department of Public Health (DPH) to issue a physician and surgeon (MD) or a doctor of podiatric medicine (DPM) a one-time, temporary permit valid for up to 12 months authorizing them to operate or supervise the operator of fluoroscopic X-ray equipment if certain conditions are met, including an attestation that the MD or DPM has at least 40 hours of experience using fluoroscopic x-ray equipment and pays $58 fee, and allows DPH to modify the fee, as specified. act to amend Section 107110 of the Health and Safety Code, relating to public health.

• AB 359 (Cooper) Authorizes applicants who took more than four tries to pass Step 3 of the United States Medical Licensing Examination (USMLE) but have a license in another state to qualify for a California physician’s and surgeon’s license and loosens restrictions on continuing medical education to allow for courses that include practice and office management, coding, reimbursement, and education methodology. act to amend Section 2177 of, and to add Section 2190.15 to, the Business and Professions Code, relating to healing arts, and declaring the urgency thereof, to take effect immediately.

• AB 389 (Grayson) Authorizes a county to contract for emergency ambulance services with a fire agency that provides those services, in whole or in part, through a written subcontract with a private ambulance service, and authorizes a fire agency to enter into a written subcontract with a private ambulance service for these purposes. Prohibits, on and after January 1, 2022, a county from entering into or renewing these contracts unless the county board of supervisors has adopted, by ordinance or resolution, a written policy setting forth issues to be considered for inclusion in the county contract for emergency ambulance services, and the fire agency adopts a written policy that requires the subcontract to be awarded pursuant to a competitive bidding process. act to add Sections 1797.230 and 1797.231 to the Health and Safety Code, relating to emergency medical services.

• AB 407 (Salas) Expands and revises the scopes of practice for qualified optometrists and optometric assistants to diagnose and treat specified disorders and dysfunctions of the visual system and authorizes optometric assistants to perform preliminary subjective refraction procedures under specified conditions. act to amend the heading of Chapter 5.4 (commencing with Section 2540) of Division 2 of, and to amend Sections 2544 and 3041 of, the Business and Professions Code, relating to healing arts.

• AB 435 (Mullin) This bill requires a licensed hearing aid dispenser or licensed dispensing audiologist to provide written information to a customer prior to the sale of a hearing aid with proprietary programming software or locked, nonproprietary software about where the device can be serviced. act to amend Sections 2538.35, 2538.38, 2539.4, and 2539.10 of the Business and Professions Code, relating to healing arts.

• AB 450 (Lorena Gonzalez) Establishes the Paramedic Disciplinary Review Board (Board), and provides the Board, effective January 1, 2023, with authority to act on appeals of the Emergency Medical Services Authority’s (EMSA) final decision to place a license holder on probation, suspend or revoke an EMT-P license, and consider appeals regarding denial of licensure. act to amend Sections 1797.112, 1797.172, 1797.185, 1797.194, 1798.200, 1798.210, and 1798.211 of, to add Article 2.5 (commencing with Section 1797.125) to Chapter 3 of Division 2.5 of, and to repeal Section 1798.204 of, the Health and Safety Code, relating to emergency medical services.

• AB 451 (Arambula) Requires a psychiatric unit of a general acute care hospital (GACH), a psychiatric health facility (PHF) with more than 16 beds that is not county operated, and an acute psychiatric hospital (APH), to accept a transfer of a person with a psychiatric emergency medical condition, regardless of whether the facility operates an emergency department (ED), if the facility has appropriate facilities and qualified personnel available to provide the services. act to add Section 1317.4b to the Health and Safety Code, relating to health facilities.

• AB 457 (Santiago) Establishes the Protection of Patient Choice in Telehealth Provider Act, which requires a health care service plan (health plan) and a health insurer to comply with specified notice and consent requirements if the plan or insurer offers a service via telehealth to an enrollee or an insured through a third-party corporate telehealth. Requires the enrollee or insured to be given the option of continuing to receive specialty telehealth services for a mental or behavioral health condition with a contracting individual health professional, a contracting clinic, or a contracting health facility. Defines third-party corporate telehealth provider as a corporation directly contracted with a health plan or insurer that provides health care services exclusively through a telehealth technology platform and has no physical location at which a patient can receive services. Requires the health plan or insurer to, among other provisions, notify the enrollee or insured that the record of any services provided to the enrollee or insured through a third-party corporate telehealth provider be shared with their primary care provider and ensure that the records are entered into a patient record system shared with the enrollee’s or insured’s primary care provider or are otherwise provided to the enrollee’s or insured’s primary care provider in a manner consistent with state and federal law, unless the enrollee or insured objects. Requires a health plan or insurer to report specified information relating to telehealth services to the Department of Managed Health Care (DMHC) or California Department of Insurance (CDI). act to amend Section 650 of the Business and Professions Code, to amend Section 1374.14 of, and to add Section 1374.141 to, the Health and Safety Code, and to amend Section 10123.855 of, and to add Section 10123.856 to, the Insurance Code, relating to telehealth.

• AB 462 (Carrillo) Eliminates the requirement for Associate Professional Clinical Counselors (APCC) to obtain 150 hours of clinical experience in a hospital or community mental health setting to gain full licensure, and eliminates the requirement for Licensed Professional Clinical Counselors (LPCC) to complete additional education and clinical experience related to marriage and family therapy in order to treat couples or families. act to amend Sections 4980.03, 4999.12, 4999.20, 4999.46, and 4999.60 of the Business and Professions Code, and to amend Section 3110.5 of the Family Code, relating to healing arts.

• AB 526 (Woo) Authorizes both dentists and doctors of podiatric medicine to independently prescribe and administer influenza and COVID-19 vaccines and provides additional authority for dentists to administer rapid point-of-care tests for COVID-19. act to amend Section 1209 of, and to add Sections 1625.6, 1645.2, 2473, and 2496.5 to, the Business and Professions Code, relating to healing arts, and declaring the urgency thereof, to take effect immediately.

• AB 532 (Wood) Requires the notice hospitals provide to patients under current law regarding discounted payments and charity care to include additional information on organizations that will help the patient understand the billing and payment process, and information on health coverage options. act to amend Sections 1339.585 and 127410 of the Health and Safety Code, relating to health care billing. AB 570 (Santiago) Requires an individual health care service plan (health plan) contract or health insurance policy issued, amended, or renewed on or after January 1, 2023, that provides dependent coverage to make dependent coverage available to a parent or stepparent who meets the definition of a qualifying relative under specified federal law and who lives or resides within the health plan or insurer’s service area. act to amend Section 1399.845 of, and to add Section 1374.1 to, the Health and Safety Code, and to amend Section 10965 of, and to add Section 10278.1 to, the Insurance Code, relating to health care coverage.

• AB 665 (Eduardo Garcia) Establishes a requirement for licensees of a residential care facilities for the elderly (RCFEs) with existing internet service to provide at least one internet access device for clients and residents to use, as specified. act to add Sections 1537.1, 1568.074, and 1569.319 to the Health and Safety Code, relating to care facilities.

• AB 690 (Arambula) Clarifies the types of settings where registrants and trainees may practice and gain required supervised experience hours toward licensure as marriage and family therapists, clinical social workers, and professional clinical counselors. Defines private practices and professional corporations as nonexempt settings, as specified. Expands the number of supervisees per supervisor in nonexempt settings from three to six individuals. act to amend Sections 4980.01, 4980.43, 4980.43.2, 4980.43.3, 4980.43.4, 4980.46, 4992.10, 4996.14, 4996.15, 4996.23, 4996.23.1, 4996.23.2, 4996.23.3, 4999.22, 4999.46, 4999.46.2, 4999.46.3, 4999.46.4, and 4999.72 of, to amend and renumber Section 4999.24 of, and to add Sections 4980.05, 4980.06, 4996.14.1, 4996.14.2, 4999.25, and 4999.26 to, the Business and Professions Code, relating to healing arts.

• AB 691 (Chau) Expands the authority of a qualified optometrist to administer immunizations to include the administration of the COVID-19 vaccine, and authorizes an optometrist to engage in specified COVID-19 testing. act to amend Section 3041 of, and to add Section 3041.5 to, the Business and Professions Code, relating to healing arts, and declaring the urgency thereof, to take effect immediately.

• AB 749 (Nazarian) Prohibits a skilled nursing facility (SNF) from contracting with a person as a medical director if the person is not, or will not be within five years, certified by the American Board of Post-Acute and Long-Term Care Medicine (ABPLM) as a Certified Medical Director. act to add and repeal Section 1261.4 of the Health and Safety Code, relating to health facilities.

• AB 789 (Low) Requires an adult patient who receives primary care services to be offered a hepatitis B and C screening test according to the latest recommendations from the United States Preventive Services Task Force (USPSTF), and to the extent these services are covered under the patient’s health insurance, unless the patient lacks capacity to consent to the test, or is being treated in the emergency department of a general acute care hospital. act to add Section 1316.7 to the Health and Safety Code, relating to health care services.

• AB 1015 (Blanca Rubio) Requires the Board of Registered Nursing (BRN) to incorporate regional forecasts into its biennial analyses of the nursing workforce, develop a plan to address regional areas of shortage identified by its nursing workforce forecast, as specified, and annually collect, analyze, and report information related to the number of clinical placement slots that are available and the location of those clinical placement slots within the state. act to add Section 2717 to the Business and Professions Code, relating to healing arts.

• AB 1020 (Friedman) Prohibits a hospital from selling patient debt to a debt buyer, unless specified conditions are met, including that the hospital has found the patient ineligible for financial assistance or the patient has not responded to attempts to bill or offer financial assistance for 180 days. Prohibits a debt collector from collecting consumer debt that originated with a hospital without first communicating with the debtor in writing, and including the name and address of the hospital and information on how to obtain an itemized hospital bill. Revises eligibility requirements for charity care or discount payments from a hospital, redefines “high medical costs” and requires a hospital to display a notice of the hospital’s policy for financially qualified and self-pay patients on the hospital’s internet website. act to amend Sections 1788.14, 1788.52, and 1788.58 of, and to add Section 1788.185 to, the Civil Code, and to amend Sections 127400, 127401, 127405, 127410, 127420, 127425, 127435, 127440, and 127444 of, and to add Section 127436 to, the Health and Safety Code, relating to health care.

• AB 1042 (Jones-Sawyer) Authorizes, effective January 1, 2023 the Department of Public Health (DPH), when a skilled nursing facility (SNF) fails to pay certain penalties, and all appeals have been exhausted, to provide written notice to the SNF and any “related parties” (businesses in which the SNF owner has an ownership or control interest of 5% or more), that DPH may take legal action to recover the unpaid penalty amount from the SNFs’ financial interest in the related party. Requires DPH to give written notice to related parties when a citation has been issued against a SNF, and to advise the related parties of the potential action if the violation is not remedied. Requires the Department of Health Care Services (DHCS) to give notice to related parties that DHCS may take legal action to recover unpaid quality assurance fees (QAF) from the SNFs financial interest in a related party. act to amend Sections 1324.22, 1325.5, and 1437.5 of, and to add Section 1424.3 to, the Health and Safety Code, relating to long-term health care facilities.

• AB 1048 (Cooper) This bill requires the Alameda Health System Hospital Authority (AHS) to reopen an existing Memorandum of Understanding (MOU) to negotiate with unions representing certain AHS employees whom current law and agreements prohibit from becoming members of the Alameda County Employees Retirement Association (ACERA) regarding those employees’ possible inclusion in ACERA. act to amend Section 101851 of the Health and Safety Code, relating to employment.

• AB 1064 (Fong) Expands the authority of a pharmacist to initiate and administer immunizations to include any vaccine approved or authorized by the United States Food and Drug Administration (FDA) for persons three years of age and older. act to amend Section 4052.8 of the Business and Professions Code, relating to pharmacy.

• AB 1082 (Waldron) This bill extends the assessment on health plans and insurers that supports the California Health Benefits Review Program (CHBRP) at the University of California (UC) to July 1, 2027, and increases the annual cap on the health plan and insurer assessment by $200,000 for a total annual assessment limit of $2.2 million to support CHBRP. act to amend Sections 127662 and 127665 of, and to repeal Section 127664 of, the Health and Safety Code, relating to the California Health Benefits Review Program.

• AB 1184 (Chiu) Revises and recasts provisions to require a health care service plan (health plan) or health insurer, effective July 1, 2022, to accommodate requests for confidential communication of medical information regardless of whether there is a situation involving sensitive services or a situation in which disclosure would endanger the individual. Prohibits a health plan or health insurer from requiring a protected individual, as defined, to obtain the policyholder, primary subscriber, or other enrollee or insured’s authorization to receive health care services or to submit a claim, if the protected individual has the right to consent to care. Requires the health plan or health insurer to direct all communications regarding a protected individual’s receipt of sensitive health care services directly to the protected individual, and prohibits the disclosure of that information to the policyholder, primary subscriber, or any plan enrollees or insureds without the authorization of the protected individual, as provided. Expands the definition of sensitive services to identify all health care services related to mental health, reproductive health, sexually transmitted infections, substance use disorder, transgender health, including gender affirming care, and intimate partner violence, and includes services, as specified. act to amend Sections 56.05 and 56.35 of, and to amend, repeal, and add Section 56.107 of, the Civil Code, and to amend Section 791.02 of, and to amend, repeal, and add Section 791.29 of, the Insurance Code, relating to medical information.

• AB 1204 (Wicks) Establishes the Medical Equity Disclosure Act which requires hospitals to prepare and annually submit an equity report to the Department of Health Care Access and Information (HCAI) and, expands the definition of “vulnerable populations” related to community benefit plans and reports. Requires a hospital’s equity report to include a health equity plan to achieve disparity reductions, with measurable objectives and specific timeframes. act to amend Section 127345 of, and to add Article 3 (commencing with Section 127370) to Chapter 2 of Part 2 of Division 107 of, the Health and Safety Code, relating to hospitals.

• AB 1280 (Irwin) Prohibits a hospice referral source from receiving, directly or indirectly, any form of payment in exchange for referring a patient to hospice provider or facility. Requires a hospice to provide verbal and written notice of the patient’s rights and responsibilities in a language and manner the person understands, before providing care. act to add Article 1.5 (commencing with Section 1746.50) and Article 2.5 (commencing with Section 1751.100) to Chapter 8.5 of Division 2 of the Health and Safety Code, relating to hospice.

• AB 1407 (Burke) Requires a nursing program or school to include one hour of direct participation in implicit bias training; requires a registered nurse (RN) to complete one hour of implicit bias continuing education (CE) within the first two years of licensure; and requires a hospital to implement an evidence-based implicit bias program as part of any new graduate training program that trains new RNs. act to amend Sections 2786 and 2811.5 of the Business and Professions Code, and to add Section 123630.5 to the Health and Safety Code, relating to health care.

• AB 1422 (Gabriel) Requires the Department of Public Health (DPH) on or before March 1, 2022, to create a standardized form for any critical care unit program flexibility request. Requires a health facility that submits a critical care unit program flexibility request to conspicuously post a copy of the request in a location accessible to patients and employees. Requires DPH to post all approved requests by a health facility for critical care unit program flexibility on its internet website and include specified information. act to amend Section 1276 of the Health and Safety Code, relating to health facilities.

• AB 1477 (Cervantes) Requires a licensed health care practitioner who provides prenatal, postpartum or interpregnancy care, to ensure that the mother is offered screening or is appropriately screened for maternal mental health (MMH) conditions. act to amend Section 123640 of the Health and Safety Code, relating to health care.

• AB 1527 (Ting) This bill permits the Office of Statewide Planning and Development to extend the seismic retrofit requirements for Seton Medical Center until July 1, 2023. act to add Section 130067 to the Health and Safety Code, relating to health facilities.

• AB 1532 (Committee on Business and Professions) Extends the Board of Registered Nursing (BRN) and COVID-19 flexibilities by one year; authorizes non-citizen California residents to serve as members of the BRN; and requires the BRN to post the availability of its temporary licenses on the front page of its website. act to amend Sections 2701, 2702, 2708, 2727, 2733, and 2786.3 of, and to add Section 2701.5 to, the Business and Professions Code, relating to healing arts.

• AB 1533 (Committee on Business and Professions) Extends the sunset date for the California State Board of Pharmacy (Board) until January 1, 2026 and makes additional technical changes, statutory improvements, and policy reforms in response to issues raised during the Board’s sunset review oversight process. act to amend Sections 4001, 4002, 4003, 4008, 4013, 4017.3, 4022.5, 4022.7, 4039, 4040, 4052, 4052.6, 4053, 4053.1, 4053.2, 4110, 4119.11, 4127.3, 4129, 4129.4, 4161, 4210, 4312, 4314, 4316, 4427.3, and 4427.7 of, to add Sections 4126.10, 4202.6, 4232.5, 4317.5, and 4427.65 to, and to add and repeal Section 4301.3 of, the Business and Professions Code, relating to healing arts.

• AB 1534 (Committee on Business and Professions) Extends the sunset date for the California State Board of Optometry (CBO) until January 1, 2026 and makes additional technical changes, statutory improvements, and policy reforms in response to issues raised during the Board’s sunset review oversight process. act to amend Sections 27, 101, 130, 144, 208, 525, 526, 527, 656, 683, 800, 810, 2071, 2541.1, 2541.2, 2541.3, 2541.6, 2542, 2543, 2544, 2545, 2552, 2553, 2553.5, 2553.6, 2553.7, 2554, 2555, 2555.1, 2556.1, 2556.2, 2559.1, 2559.2, 2560, 2564.5, 2565, 2566, 2566.1, 2566.2, 2567, 3001, 3004, 3010.1, 3010.5, 3014.6, 3020, 3021, 3027, 3041.2, 3041.3, 3070.2, 3105, 3109, 3152, 3160, 4170, and 4175 of, to amend and renumber Sections 2546, 2546.1, 2546.3, 2546.4, 2546.5, 2546.6, 2546.7, 2546.8, 2546.9, 2546.10, 2551, and 2553.1 of, to amend, renumber, and add Section 2550 of, to amend, repeal, and add Section 655 of, to add Sections 2552.2, 2555.5, 2557.1, 2558.1, 2558.2, 2564.92, 2564.93, and 3112 to, to add the heading of Article 2.5 (commencing with Section 2564.70) to, and to add the heading of Article 2.7 (commencing with Section 2564.90) to, Chapter 5.5 of Division 2 of, to repeal Sections 2546.2, 2559.5, 2559.6, 2563, and 2569 of, to repeal the heading of Chapter 5.45 (commencing with Section 2546) of Division 2 of, and to repeal and add Section 2550.1 of, the Business and Professions Code, relating to healing arts.

• AB 1536 (Committee on Business and Professions) Makes changes to the Board of Vocational Nursing and Psychiatric Technicians (BVNPT) stemming from the BVNPT’s sunset review including: extending the BVNPT by three years, delegating the authority to issue default decisions and stipulated surrenders of licenses to its executive officer, requiring the BVNPT follow a timeline for approving schools, establishes fees for schools seeking approval, and makes other non-substantive and technical changes. act to amend Sections 2841, 2841.3, 2847.1, 2847.3, 2857, 2859, 2860.5, 2860.7, 2862, 2864, 2866, 2867, 2867.6, 2871, 2872.2, 2873, 2873.5, 2873.6, 2876, 2877, 2878, 2878.1, 2878.5, 2878.7, 2879, 2885, 2886, 2892.5, 2895.1, 4501, 4502, 4502.1, 4502.2, 4502.3, 4503, 4504, 4510, 4512, 4516, 4521, 4521.2, 4522, 4523, 4524, 4541, 4542, and 4545.3 of, to add Sections 2872.3, 2881.3, 4510.2, and 4531.2 to, and to add and repeal Sections 2881.2 and 4531.1 of, the Business and Professions Code, relating to healing arts.

• AB 1585 (Committee on Health) Expands the current definition of an infection preventionist (IP) employed by a skilled nursing facility (SNF) to include persons who have professional training as a licensed nurse, medical technologist, microbiologist, epidemiologist, public health professional, or other health care related field, and have completed specialized training in infection prevention and control. Extends the due date, from July 1, 2020 to January 1, 2023, by which the Department of Health Care Services (DHCS) is required to adopt regulations related to the California Children’s Services (CCS) Whole Child Model (WCM) in accordance with the rulemaking requirements of the Administrative Procedure Act. act to amend Section 1255.9 of the Health and Safety Code, and to amend Section 14094.20 of the Welfare and Institutions Code, relating to health care.

• SB 48 (Limón) This bill requires an annual cognitive health assessment be a covered benefit for Medi-Cal beneficiaries who are 65 years of age or older and not otherwise eligible for a similar assessment as part of the Medicare program. This bill also requires the Department of Health Care Services to determine the training and validated tools in order for Medi-Cal providers to render and receive payment for the covered benefit. act to add Section 14132.171 to the Welfare and Institutions Code, relating to Medi-Cal.

• SB 65 (Skinner) This bill establishes a comprehensive program to improve maternal and infant outcomes: (1) requires state and local investigating, tracking, reviewing and reporting of maternal and infant deaths throughout the state; (2) enacts the Midwifery Workforce Training Act to increase the number of students educated and trained as certified nurse midwives and midwives prepared for service in specified neighborhoods and communities; (3) creates a workgroup related to Medi-Cal coverage for doulas; and, (4) enhances Cal WORKS benefits. act to add Section 123660 to, to add Article 4.7 (commencing with Section 123635) to Chapter 2 of Part 2 of Division 106 of, and to add Article 4 (commencing with Section 128295) to Chapter 4 of Part 3 of Division 107 of, the Health and Safety Code, and to amend Section 11320.3 of, and to add and repeal Section 14132.24 of, the Welfare and Institutions Code, relating to maternal care and services.

• SB 171 (Committee on Budget and Fiscal Review) This bill is an omnibus health trailer bill, and contains changes to implement the 2021-22 Budget. act to amend Sections 14124.12 and 14197 of, and to add Section 14124.16 to, the Welfare and Institutions Code, relating to health, and making an appropriation therefor, to take effect immediately, bill related to the budget.

• SB 221 (Wiener) This bill codifies existing timely access to care standards for health plans and health insurers, applies these requirements to Medi-Cal managed care plans, adds a standard for non-urgent follow-up appointments for nonphysician mental health care or substance use disorder providers that is within 10 business days of the prior appointment, and prohibits contracting providers and employees from being disciplined for informing patients about timely access standards. act to amend Sections 1367.03 and 1367.031 of the Health and Safety Code, and to amend Section 10133.53 of, and to add Section 10133.54 to, the Insurance Code, relating to health care coverage.

• SB 226 (Pan) Authorizes Sacramento County (county), by ordinance, to establish a health authority, defined as a separate public entity established by the Sacramento County Board of Supervisors (board). Authorizes the health authority to designate a number of Knox-Keene Health Care Service Plan Act of 1975 (Knox-Keene) licensed health plans for purposes of Medi-Cal managed care (MCMC) plan procurement for Geographic Managed Care (GMC) as the only MCMC plans authorized to operate within the county. Authorizes the county to seek and obtain Knox-Keene health plan licensure in order to serve as the county-sponsored local initiative (LI) health plan contracted with the Department of Health Care Services (DHCS) for MCMC, or to negotiate and enter into a contract with a Knox-Keene licensed plan to be the designated LI health plan for the purpose of contracting with DHCS, instead of the current GMC model in the county. act to add Section 14087.385 to the Welfare and Institutions Code, relating to Medi-Cal.

• SB 242 (Newman) This bill requires health plans and insurers to reimburse contracting health care providers for business expenses that are medically necessary to comply with a public health order to render treatment to patients, protect health care workers, and prevent the spread of diseases causing public health emergencies declared on or after January 1, 2022. act to add Section 1374.192 to the Health and Safety Code, and to add Section 10120.35 to the Insurance Code, relating to health care.

• SB 255 (Portantino) This bill allows an association of employers to offer a large group health plan contract or health insurance policy if certain conditions are met, including the association was established prior to March 23, 2010, provides an equivalent to or greater level of coverage to the platinum level offered through Covered California and essential health benefits, and that it includes coverage for job categories on a project-by-project basis for one or more participating employers, for at least 101 employees. act to amend Section 1357.503 of the Health and Safety Code, and to amend Section 10753.05 of the Insurance Code, relating to health care coverage.

• SB 280 (Limón) This bill requires large group health insurance policies to cover medically necessary basic health care services and prohibits insurers selling these policies from directly or indirectly employing marketing practices or benefit designs that discourage enrollment of individuals with significant health needs or discriminate on the basis of protected classifications, as specified. It also authorizes the Insurance Commissioner to adopt regulations and applies the bill’s provisions to individual, group or blanket disability policies if existing law related to essential health benefits is no longer in effect. Finally, the bill authorizes administrative penalties for insurer violations. act to add Sections 10112.281 and 10112.282 to the Insurance Code, relating to health insurance.

• SB 306 (Pan) This bill (1) permits pharmacists to dispense a drug, without the name of an individual for whom the drug is intended, when prescribed for the sexual partner of someone who has been diagnosed with a sexually transmitted disease (STD); (2) prohibits health care providers who prescribe, dispense, or furnish such a drug from being subject to civil, criminal, or administrative penalties, as specified; (3) requires a syphilis blood test during the third trimester of pregnancy and at delivery, as specified; (4) requires public and commercial health coverage of home STD test kits; and (5) adds rapid STD tests to existing law which permits HIV counselors to perform rapid HIV and hepatitis C tests. act to amend Section 4076 of the Business and Professions Code, to amend Sections 120582, 120685, and 120917 of, and to add Section 1367.34 to, the Health and Safety Code, to add Section 10123.208 to the Insurance Code, and to amend Sections 14132 and 24007 of the Welfare and Institutions Code, relating to health care.

• SB 311 (Hueso) This bill requires a health care facility to permit a terminally ill patient, defined as a prognosis of one year or less to live, to use medical cannabis within the health care facility. act to add Chapter 4.9 (commencing with Section 1649) to Division 2 of the Health and Safety Code, relating to health care facilities.

• SB 326 (Pan) This bill deletes provisions in law that would make health plan and insurer preexisting condition protections, premium rating limitations and other antidiscrimination requirements inoperative if specified provisions of the Affordable Care Act are repealed or amended to no longer apply. act to amend Sections 1357.51, 1357.503, 1357.512, 1367.005, 1399.849, and 1399.855 of the Health and Safety Code, and to amend Sections 10112.27, 10198.7, 10753.05, 10753.14, 10965.3, and 10965.9 of the Insurance Code, relating to health care coverage.

• SB 353 (Roth) This bill extends the sunset date by five years, to 2027, on the authority of hospice licensees to provide palliative care. act to amend Section 1747.3 of the Health and Safety Code, relating to hospice.

• SB 362 (Newman) This bill prohibits a chain community pharmacy from establishing a quota to measure or evaluate a pharmacist or pharmacy technician’s performance of duties, prohibits a chain community pharmacy from communicating the existence of quotas to employees or those it contracts with, and authorizes the Board of Pharmacy to take enforcement action against a community pharmacy that establishes a quota related to a pharmacist or pharmacy technician duties, unless by clear and convincing evidence the community pharmacy can demonstrate the violation was contrary to its policy. act to add Sections 4113.7 and 4317 to the Business and Professions Code, relating to healing arts.

• SB 368 (Limón) This bill requires a health plan or health insurer to provide an enrollee or insured with their accrual balance toward their annual deductible and annual out-of-pocket maximum during any month in which benefits were used; permits an enrollee or insured to request their most up-to-date accrual balance toward their annual deductible and their annual out-of-pocket maximum from their health plan or insurer at any time; and requires accrual updates to be mailed unless the enrollee or insured opts out. act to add Section 1367.0061 to the Health and Safety Code, and to add Section 10112.291 to the Insurance Code, relating to health care coverage.

• SB 409 (Caballero) This bill authorizes pharmacists and pharmacies to perform, under specified conditions, particular tests that are classified as waived under Clinical Laboratory Improvement Amendments (CLIA). The bill also makes conforming changes and requires a pharmacy and a pharmacist-in-charge to maintain documents related to testing and compliance. act to amend Sections 1206.5, 1209, and 4052.4 of, and to add Section 4119.10 to, the Business and Professions Code, relating to pharmacy.

• SB 428 (Hurtado) This bill requires a health plan contract and health insurance policy issued, amended, or renewed on or after January 1, 2022, that provides coverage for pediatric services and preventive care, as specified, to additionally include coverage for adverse childhood experiences (ACEs) screenings. act to add Section 1367.34 to the Health and Safety Code, and to add Section 10123.51 to the Insurance Code, relating to health care coverage.

• SB 434 (Bates) This bill prohibits a licensed psychiatric or mental health facility, as specified, from making false statements or providing false information in advertising or marketing. act to add Section 11831.9 to the Health and Safety Code, and to add Chapter 4 (commencing with Section 4097) to Part 1 of Division 4 of the Welfare and Institutions Code, relating to health and care facilities.

• SB 509 (Wilk) This bill creates a temporary optometrist license for an individual who is immediately unable to take the required Section III-Clinical Skills Examination developed by the National Board of Examiners of Optometry (NBEO Part III), but has met other specified requirements. This bill requires a temporary license holder to practice under the direct supervision of a licensed optometrist, as specified; and permits the temporary license holder to perform any services under the Optometric Practice Act (Act). act to amend Section 3090 of, and to add Section 3046.1 to, the Business and Professions Code, relating to healing arts, and declaring the urgency thereof, to take effect immediately.

• SB 510 (Pan) This bill requires health plans and insurers to cover the costs associated with COVID-19 testing, immunization, and health care services related to testing with no cost-sharing or prior authorization or other utilization management during and following the federal public health emergency. act to add Sections 1342.2 and 1342.3 to the Health and Safety Code, and to add Sections 10110.7 and 10110.75 to the Insurance Code, relating to health care coverage.

• SB 534 (Jones) This bill makes a number of revisions and changes to the operations of Registered Dental Hygienists (RDHs), Registered Dental Hygienists in Alternative Practice (RDHAPs), and the Dental Hygiene Board of California (DHB). act to amend Sections 1902.3, 1917.1, 1926.1, 1926.3, 1941, 1950.5, and 1951 of the Business and Professions Code, relating to healing arts.

• SB 535 (Limón) This bill prohibits health plans and insurers from requiring prior authorization for biomarker testing for advanced or metastatic stage 3 or 4 cancer, and cancer progression or recurrence. act to amend Section 1367.665 of the Health and Safety Code, and to amend Section 10123.20 of the Insurance Code, relating to health care coverage.

• SB 650 (Stern) This bill requires an organization that operates, conducts, owns, manages, or maintains a skilled nursing facility (SNF) to prepare and file an annual consolidated financial report with the Office of Statewide Health Planning and Development, requires the financial report to include data from all related parties in which the organization has an ownership or control interest of 5% or more and that provides any services or supplies to the SNF, and requires the financial report to be reviewed by a certified public accountant. act to add Section 128734.1 to the Health and Safety Code, relating to skilled nursing facilities.

• SB 664 (Allen) This bill imposes a moratorium on new hospice licenses until one year from the date that the California State Auditor publishes a report on hospice licensure. act to add and repeal Article 2.3 (commencing with Section 1751.70) of Chapter 8.5 of Division 2 of the Health and Safety Code, relating to hospice.

• SB 718 (Bates) This bill permits an association of employers to offer a large group health plan contract or health insurance policy to small group employer members in the biomedical industry if the association is headquartered in California, was established before March 23, 2010, and in continued existence as a bonafide association that may act as an employer, as specified. act to amend, repeal, and add Section 1357.503 of the Health and Safety Code, and to amend, repeal, and add Section 10753.05 of the Insurance Code, relating to health care coverage.

• SB 801 (Archuleta) This bill makes various changes to the regulation of a number of licensed professionals by the Board of Behavioral Sciences (BBS) and to the Board of Psychology (BOP) intended to improve oversight of licensees stemming from the joint sunset review oversight of the BBS and BOP. act to amend Sections 27, 2290.5, 2910, 2911, 2913, 2914, 2915, 2915.5, 2920, 2933, 2942, 2946, 2960, 2987, 4980.01, 4980.02, 4980.32, 4980.36, 4980.37, 4980.40, 4980.43.3, 4980.54, 4980.81, 4982, 4984.7, 4987.5, 4989.17, 4989.20, 4989.24, 4989.32, 4989.34, 4989.36, 4989.38, 4989.40, 4989.54, 4989.68, 4990, 4990.04, 4990.30, 4992.3, 4996.2, 4996.3, 4996.14, 4996.17.2, 4996.18, 4996.22, 4996.75, 4998, 4998.2, 4999.22, 4999.32, 4999.33, 4999.42, 4999.46.1, 4999.51, 4999.71, 4999.76, 4999.80, 4999.90, 4999.104, 4999.120, and 4999.123 of, to add Sections 2949, 2988.7, 4989.47, 4990.07, 4996.61, and 4996.62 to, and to repeal Sections 2909, 2909.5, 2915.7, 2944, and 4999.122 of, the Business and Professions Code, and to amend Section 1010 of the Evidence Code, relating to healing arts.

• SB 806 (Roth) This bill extends the sunset dates for the Medical Board of California (MBC), the Osteopathic Medical Board of California (OMBC), the Podiatric Medical Board of California (PMBC), and the Physician Assistant Board (PAB), and makes additional technical changes, statutory improvements, and policy reforms stemming from the joint sunset review oversight of the programs. act to amend Sections 125.3, 801.01, 2001, 2020, 2021, 2064.5, 2065, 2081, 2096, 2111, 2112, 2113, 2168, 2168.4, 2228.1, 2273, 2424, 2435, 2443, 2450, 2454.5, 2460, 2520, 2529, 2529.5, 3504, 3509, 3510, 3512, 3517, 3519, 3519.5, 3524, 3527, 3530, 3533, and 3577 of, to add Sections 2097, 2220.01, 2227.3, 2511.5, 2519.5, and 3575.5 to, and to repeal Sections 2228.5, 3521.5, and 3546 of, the Business and Professions Code, relating to healing arts.

• SB 823 (Committee on Health) This bill adjusts the assessment of fees for electronic fingerprint images for organizations that provide services to Program of All-Inclusive Care for the Elderly participants. This bill renames a bureau within the Department of Justice throughout existing law. This bill permits any opioid antagonist approved by the federal Food and Drug Administration (FDA) to be used to treat opioid overdose. act to amend Section 1714.22 of the Civil Code, to amend Sections 6276.14, 6276.30, 12528, and 12528.1 of the Government Code, to amend Section 1179.80 of the Health and Safety Code, to amend Section 3823 of the Labor Code, to amend Sections 368.6 and 13515 of the Penal Code, and to amend Sections 14089.4, 14107.12, 14592, 15610.15, 15630, 15633.5, 15640, 15650, 15653.5, 15654, and 15658 of the Welfare and Institutions Code, relating to public health.

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