BILL ANALYSIS Ó
AB 1733
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CONCURRENCE IN SENATE AMENDMENTS
AB 1733 (Logue)
As Amended August 21, 2012
Majority vote
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|ASSEMBLY: |75-0 |(May 17, 2012) |SENATE: |37-0 |(August 23, |
| | | | | |2012) |
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Original Committee Reference: HEALTH
SUMMARY : Updates several code sections to replace the term
"telemedicine" with "telehealth" and expands the potential for
the use of telehealth in additional health care programs
administered by the Department of Health Care Services (DHCS)
such as the Program of All-Inclusive Care for the Elderly
(PACE). This bill also amends licensed professional clinical
counselor licensing laws.
The Senate amendments :
1)Subject specified healing arts health care practitioners
providing telehealth to requirements and definitions, as
specified, and to the practice act, and any adopted
regulations, related to his or her licensed profession.
2)Replace "telemedicine" with "telehealth" in existing Business
and Professions Code, Education Code, Health and Safety Code,
Insurance Code, and Welfare and Institutions Code sections.
3)Delete from existing law related to unprofessional conduct of
a licensed professional clinical counselor "the conviction of
more than one misdemeanor or any felony involving the use,
consumption, or self-administration of any of the substances,
as specified."
4)Add to unprofessional conduct conditions allowing a clinical
counselor applicant or registrant to perform under
supervision, any professional services beyond the scope of
license authorized by law.
5)Add to unprofessional conduct of a licensed professional
clinical counselor willful violation of specified provisions
of the Health and Safety Code related patient health records.
AB 1733
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6)State that it is the intent of the Legislature to recognize
the practice of telehealth as a legitimate means by which an
individual may receive health care services from a health care
provider without in-person contact with the health care
provider.
7)Prohibit a PACE organization from requiring in-person contact
before payment is made for covered services appropriately
provided through telehealth, subject to terms and conditions
of the contract.
8)Prohibit a PACE organization from limiting the type of setting
where services are provided before payment is made for covered
services appropriately provided through telehealth subject to
the terms and conditions of the contract.
9)State that 6), 7), and 8) above shall not be interpreted to
authorize a PACE organization to require the use of telehealth
when the health care provided has determined it is not
appropriate.
AS PASSED BY THE ASSEMBLY , this bill expanded the potential for
the use of telehealth in Medi-Cal managed care programs and the
PACE by prohibiting requirements for in-person contact and
limitations on the type of setting where services are provided
before payment can be made.
FISCAL EFFECT : According to the Senate Appropriations
Committee, the long-term fiscal impact of the bill is unknown.
It is possible that by increasing the ability of providers and
enrollees to use telehealth, enrollees will receive more care
from providers. On the other hand, by easing the use of
telehealth, this bill may reduce costs because telehealth
services may be provided a lower cost and the use of telehealth
may reduce the need for expensive medical transportation for
fragile enrollees. DHCS indicates that savings are more likely
than increased costs.
COMMENTS : According to the author, this bill would remove
barriers in current law and update to current practice the use
of telehealth in the delivery of health care by furthering the
application of AB 415 (Logue), Chapter 547, Statutes of 2011, to
all remaining health plan contracts with the DHCS. The author
indicates that the affected programs include PACE, the SCAN
Health Plan, and the AIDS Healthcare Foundation.
AB 1733
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Analysis Prepared by : Teri Boughton / HEALTH / (916) 319-2097
FN: 0005424