BILL NUMBER: AB 1310	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 1, 2014
	AMENDED IN SENATE  JUNE 10, 2014
	AMENDED IN ASSEMBLY  MAY 24, 2013

INTRODUCED BY   Assembly Member Bonta
   (Principal coauthor: Assembly Member Brown)

                        FEBRUARY 22, 2013

   An act to amend  Section   Sections 14122 and
 14132.72 of the Welfare and Institutions Code, relating to
Medi-Cal.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1310, as amended, Bonta. Medi-Cal: telehealth.
   Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Care Services, under
which qualified low-income individuals receive health care services.
The Medi-Cal program is, in part, governed and funded by federal
Medicaid Program provisions. Existing law prohibits a requirement of
in-person contact between a health care provider and patient under
the Medi-Cal program for any service otherwise covered by the
Medi-Cal program when the service is appropriately provided by
telehealth, as defined. Existing law, for purposes of payment of
covered treatment or services provided through telehealth, prohibits
the department from limiting the type of setting where services are
provided for the patient or by the health care provider.
   This bill would prohibit the department from requiring a health
care provider licensed in California to be located in California as a
condition of Medi-Cal provider enrollment or reimbursement for
telehealth services provided to  Medicare or Medicaid
  Medi-Cal  beneficiaries located in California at
the time of service.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

   SECTION 1.    Section 14122 of the   Welfare
and Institutions Code  is amended to read: 
   14122.   (a)    The department may provide, by
regulation and consistent with the requirements of the Federal Social
Security Act, for the care and treatment, or both, of persons
eligible for medical assistance pursuant to Sections 14005.1,
 14005. 4,   14005.4,  and 14005.7 by
providers in another state in those cases where out-of-state care or
treatment is rendered on an emergency basis or is otherwise in the
best interests of the person under the circumstances. 
   (b) This section shall not apply to services provided pursuant to
Section 14132.72. 
   SECTION 1.   SEC. 2.   Section 14132.72
of the Welfare and Institutions Code is amended to read:
   14132.72.  (a) For purposes of this section, the definitions in
subdivision (a) of Section 2290.5 of the Business and Professions
Code shall apply.
   (b) 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 provider.
   (c) In-person contact between a health care provider and a patient
shall not be required under the Medi-Cal program for services
appropriately provided through telehealth, subject to reimbursement
policies adopted by the department to compensate a licensed health
care provider who provides health care services through telehealth
that are otherwise reimbursed pursuant to the Medi-Cal program.
Nothing in this section or the Telehealth Advancement Act of 2011
(Chapter 547 of the Statutes of 2011) shall be construed to conflict
with or supersede the provisions of  Section 14091.3 of this
code or  any other existing state laws or regulations
related to reimbursement for services provided by a noncontracted
provider.
   (d) The department shall not require a health care provider to
document a barrier to an in-person visit for Medi-Cal coverage of
services provided via telehealth.
   (e)  Notwithstanding Section 14122 or any other law, the
  The    department shall not require a
health care provider licensed in California to be located in
California as a condition of Medi-Cal provider enrollment or
reimbursement for telehealth services provided to  Medicare
or Medicaid   Medi-Cal  beneficiaries located in
California at the time of service.
   (f) For the purposes of payment for covered treatment or services
provided through telehealth, the department shall not limit the type
of setting where services are provided for the patient or by the
health care provider.
   (g) Nothing in this section shall be interpreted to authorize the
department to require the use of telehealth when the health care
provider has determined that it is not appropriate.
   (h) 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.