BILL NUMBER: AB 2120	ENROLLED
	BILL TEXT

	PASSED THE SENATE  JULY 14, 2008
	PASSED THE ASSEMBLY  MAY 19, 2008
	AMENDED IN ASSEMBLY  MAY 15, 2008
	AMENDED IN ASSEMBLY  APRIL 3, 2008

INTRODUCED BY   Assembly Member Galgiani
   (Principal coauthor: Senator Cogdill)
   (Coauthors: Assembly Members Berryhill and Fuller)

                        FEBRUARY 20, 2008

   An act to amend Section 14132.725 of the Welfare and Institutions
Code, relating to telemedicine.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2120, Galgiani. Medical 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.
   Existing law, until January 1, 2009, authorizes under the Medi-Cal
program, to the extent that federal financial participation is
available, "teleophthalmology and teledermatology by store and
forward," as defined.
   This bill would extend, until January 1, 2013, the repeal of the
above-described authorization.


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) 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,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.