BILL NUMBER: AB 258	CHAPTERED  10/05/05

	CHAPTER  523
	FILED WITH SECRETARY OF STATE  OCTOBER 5, 2005
	APPROVED BY GOVERNOR  OCTOBER 5, 2005
	PASSED THE ASSEMBLY  SEPTEMBER 6, 2005
	PASSED THE SENATE  SEPTEMBER 1, 2005
	AMENDED IN SENATE  AUGUST 30, 2005
	AMENDED IN ASSEMBLY  APRIL 26, 2005
	AMENDED IN ASSEMBLY  MARCH 14, 2005

INTRODUCED BY   Assembly Member Matthews

                        FEBRUARY 8, 2005

   An act to add Section 14105.485 to the Welfare and Institutions
Code, relating to Medi-Cal.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 258, Matthews  Medi-Cal: durable medical equipment.
    Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Services, pursuant to
which medical benefits are provided to public assistance recipients
and certain other low-income persons.
   Under existing law, durable medical equipment is a covered benefit
under the Medi-Cal program, subject to utilization controls.
   This bill, commencing July 1, 2006, would require any provider of
custom rehabilitation equipment and custom rehabilitation technology
services, as defined, to a Medi-Cal beneficiary to have on staff,
either as an employee or independent contractor, or have a
contractual relationship with, a qualified rehabilitation
professional, as defined, who was directly involved in determining
the specific custom rehabilitation equipment needs of the patient and
was directly involved with, or closely supervised, the final fitting
and delivery of the custom rehabilitation equipment.
   This bill would require, commencing January 1, 2006, that a
physical examination be conducted before a motorized wheelchair or
scooter is prescribed, and would additionally require the prescribing
medical provider to complete a certificate of medical necessity,
developed by the department, for the motorized wheelchair or scooter.


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


  SECTION 1.  Section 14105.485 is added to the Welfare and
Institutions Code, to read:
   14105.485.  (a) Commencing July 1, 2006, any provider of custom
rehabilitation equipment and custom rehabilitation technology
services to a Medi-Cal beneficiary shall have on staff, either as an
employee or independent contractor, or have a contractual
relationship with, a qualified rehabilitation professional who was
directly involved in determining the specific custom rehabilitation
equipment needs of the patient and was directly involved with, or
closely supervised, the final fitting and delivery of the custom
rehabilitation equipment.
   (b) Commencing January 1, 2006, a medical provider shall conduct a
physical examination of an individual before prescribing a motorized
wheelchair or scooter for a Medi-Cal beneficiary. The medical
provider shall complete a certificate of medical necessity, developed
by the department, that documents the medical condition that
necessitates the motorized wheelchair or scooter, and verifies that
the patient is capable of using the wheelchair or scooter safely.
   (c) For purposes of this section, the following definitions apply:

   (1) "Custom rehabilitation equipment" means any item, piece of
equipment, or product system, whether modified or customized, that is
used to increase, maintain, or improve functional capabilities with
respect to mobility and reduce anatomical degradation and
complications of individuals with disabilities. Custom rehabilitation
equipment includes, but is not limited to, nonstandard manual
wheelchairs, power wheelchairs and seating systems, power scooters
that are specially configured, ordered, and measured based on patient
height, weight, and disability, specialized wheelchair electronics
and cushions, custom bath equipment, standers, gait trainers, and
specialized strollers.
   (2) "Custom rehabilitation technology services" means the
application of enabling technology systems designed and assembled to
meet the needs of a specific person experiencing any permanent or
long-term loss or abnormality of physical or anatomical structure or
function with respect to mobility. These services include, but are
not limited to, the evaluation of the needs of a patient with a
disability, including an assessment of the patient for the purpose of
ensuring that the proposed equipment is appropriate, the
documentation of medical necessity, the selection, fit,
customization, maintenance, assembly, repair, replacement, pick up
and delivery, and testing of equipment and parts, and the training of
an assistant caregiver and of a patient who will use the equipment
or individuals who will assist the client in using the equipment.
   (3) "Qualified rehabilitation professional" means an individual to
whom any one of the following applies:
   (A) The individual is a physical therapist licensed pursuant to
the Business and Professions Code, occupational therapist licensed
pursuant to the Business and Professions Code, or other qualified
health care professional approved by the department.
   (B) The individual is a registered member in good standing of the
National Registry of Rehabilitation Technology Suppliers (NRRTS), or
other credentialing organization recognized by the department.
   (C) The individual has successfully passed one of the following
credentialing examinations administered by the Rehabilitation
Engineering and Assistive Technology Society of North America
(RESNA):
   (i) The Assistive Technology Supplier examination.
    (ii) The Assistive Technology Practitioner examination.
    (iii) The Rehabilitation Engineering Technologist examination.