BILL NUMBER: AB 354	CHAPTERED  09/30/05

	CHAPTER  449
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2005
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2005
	PASSED THE ASSEMBLY  SEPTEMBER 7, 2005
	PASSED THE SENATE  SEPTEMBER 6, 2005
	AMENDED IN SENATE  SEPTEMBER 1, 2005
	AMENDED IN SENATE  AUGUST 29, 2005
	AMENDED IN SENATE  AUGUST 18, 2005
	AMENDED IN SENATE  JUNE 22, 2005
	AMENDED IN SENATE  JUNE 20, 2005
	AMENDED IN ASSEMBLY  MAY 16, 2005
	AMENDED IN ASSEMBLY  MAY 5, 2005

INTRODUCED BY   Assembly Member Cogdill
   (Coauthors: Assembly Members DeVore, Garcia, La Malfa, Maze, and
Nakanishi)
   (Coauthors: Senators Chesbro, Cox, and Ducheny)

                        FEBRUARY 10, 2005

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 354, Cogdill  Telemedicine.
   Existing law, the Medical Practice Act, regulates the practice of
telemedicine, defined as the practice of health care delivery,
diagnosis, consultation, treatment, transfer of medical data, and
education using interactive audio, video, or data communications.
   This bill would, commencing July 1, 2006, and until January 1,
2009, authorize under the Medi-Cal program, to the extent that
federal financial participation is available, "teleophthalmology and
teledermatology by store and forward," as defined. The bill would
require the State Department of Health Services to, on or before
January 1, 2008, report to the Legislature specified information
regarding store and forward telemedicine provided under this
provision as a Medi-Cal benefit.


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


  SECTION 1.  Section 14132.725 is added to the Welfare and
Institutions Code, 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 this
store and forward process are subject to billing and reimbursement
policies developed by the department.
   (b) 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, where the physician at the distant site reviews the
medical information without the patient being present in real time. 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, and shall
receive an interactive communication with the distant specialist
physician, upon request. If requested, communication with the distant
specialist physician may occur either at the time of the
consultation, or within 30 days of the patient's notification of the
results of the consultation.
   (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) On or before January 1, 2008, the department shall report to
the Legislature the number and type of services provided, and the
payments made related to the application of store and forward
telemedicine as provided, under this section as a Medi-Cal benefit.
   (e) 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.
  (f) This section shall remain in effect only until January 1, 2009,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2009, deletes or extends that date.