BILL ANALYSIS
AB 1070
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1070 (Hill)
As Amended August 24, 2009
Majority vote
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|ASSEMBLY: |48-30|(May 28, 2009) |SENATE: |25-14|(September 4, |
| | | | | |2009) |
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Original Committee Reference: B. & P.
SUMMARY : Revises reporting requirements for arbitration awards,
specified settlements, or civil judgments to the Medical Board
of California (MBC) if based on the licensee's alleged
negligence, error, or omission related to the practice of
medicine.
The Senate amendments :
1)Delete the requirement that any state entity that makes a
report, as specified, shall notify the licensee that the
report was filed with the appropriate licensing board within
15 days.
2)Require a state or local governmental agency that self-insures
licensees, prior to sending a report as specified, to do all
of the following for each licensee identified in the report:
a) Before deciding that a licensee will be identified,
provide written notice to the licensee that the agency
intends to submit a report in which the licensee may be
identified, based on his or her role in the care or
professional services provided to the patient that were at
issue in the claim or action. This notice shall describe
the reasons for notifying the licensee. The agency shall
include with this notice a reasonable opportunity for the
licensee to review a copy of records to be used by the
agency in deciding whether to identify the licensee in the
report;
b) Provide the licensee with a reasonable opportunity to
provide a written response to the agency and written
materials in support of the licensee's position. If the
licensee is identified in the report, the agency shall
AB 1070
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include this response and materials in the report submitted
to a board if requested by the licensee; and,
c) Provide, at least 10 days prior to the expiration of the
30-day reporting requirement, the licensee with the
opportunity to present arguments to the body that will make
the final decision or to that body's designee. The body
shall review the care or professional services provided to
the patient with respect to those services at issue in the
claim or action and determine the licensees to be
identified in the report and the amount of the settlement
to be apportioned to the licensees.
3)Clarify that this bill shall not be construed to modify either
the content of a report required under this section or the
timeframe for filing that report.
4)Require the entity, person, or licensee required to file a
report regarding a settlement to notify the claimant that the
report has been sent to the respective board.
5)State that failure to substantially comply with the terms will
result in a penalty.
6)Clarify that any reference to an investigation by MBC shall be
deemed to refer to a joint investigation of the Department of
Justice (DOJ) and MBC under the vertical enforcement and
prosecution model, as specified, and sunset this section on
January 1, 2013.
7)Extend the sunset deadline on the Health Quality Enforcement
Section (HQES) from July 1, 2010 to January 1, 2013.
8)Require MBC to provide an option for a licensed physician and
surgeon to decline to report his or her cultural background
and foreign language proficiency.
9)Require MBC to establish and implement a plan to assist in
team building between its enforcement staff and the staff of
the HQES in order to ensure a common and consistent knowledge
base.
10)Gives jurisdiction to the HQES to prosecute proceedings
against licensees and applicants within the jurisdiction of
MBC, the California Board of Podiatric Medicine, the Board of
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Psychology, or any committee under the jurisdiction of MBC,
and to provide ongoing review of the investigative activities
conducted in support of those prosecutions beginning January
1, 2013.
11)Extend the deadline from July 1, 2009, until March 1, 2012,
for MBC, in consultation with DOJ and the Department of
Consumer Affairs, to report and make recommendations to the
Governor and the Legislature on the vertical enforcement and
prosecution model.
12)Make clarifying and technical changes.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version passed by the Senate.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, absorbable workload to the MBC to continue oversight
of settlements, awards, and judgments, and to comply with the
reporting requirements pursuant to this bill.
Analysis Prepared by : Sarah Huchel / B. & P. / (916) 319-3301
FN: 0002476