Amended in Senate March 28, 2014

Senate Bill No. 1457

Introduced by Senator Evans

February 21, 2014

An act to amend Section 123929 of, and to add Section 125185 to, the Health and Safety Code, and to amend Section 14133.01 of the Welfare and Institutions Code, relating to medical care.

LEGISLATIVE COUNSEL’S DIGEST

SB 1457, as amended, Evans. Medical care: electronic treatment authorization requests.

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 benefits. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Existing law also requires the department to administer various health programs, including the California Children’s Services Program and the Genetically Handicapped Person’s Program.

This bill would, by July 1, 2015, or a subsequent date determined by the department, require requests for authorization for treatment or services begin insert , excluding those submitted by dental providers enrolled in the Medi-Cal Dental program, end insert to be submitted in an electronic format determined by the department via the department’s Internet Web site or other electronic means. begin insert The bill would require the department to designate an alternate format for submitting requests for authorization for treatment or services when the department’s Internet Web site or other electronic means are unavailable due to a system disruption. end insert The bill would authorize the department to implement these provisions in phases and by means of all-county letters, plan letters, provider bulletins, or similar instructions, but would require the department to adopt regulations by July 1, 2017.

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 123929 of the Health and Safety Code
is amended to read:

123929.  

(a) Except as otherwise provided in this section and
Section 14133.05 of the Welfare and Institutions Code, California
Children’s Services Program services provided pursuant to this
article require prior authorization by the department or its designee.
Prior authorization is contingent on determination by the
department or its designee of all of the following:

(1) The child receiving the services is confirmed to be medically
eligible for the CCS program.

(2) The provider of the services is approved in accordance with
the standards of the CCS program.

(3) The services authorized are medically necessary to treat the
child’s CCS-eligible medical condition.

(b) The department or its designee may approve a request for a
treatment authorization that is otherwise in conformance with
subdivision (a) for services for a child participating in the Healthy
Families Program or the AIM-Linked Infants Program pursuant
to clause (ii) of subparagraph (A) of paragraph (6) of subdivision
(a) of Section 12693.70 of the Insurance Code or Chapter 2
(commencing with Section 15810) of Part 3.3 of Division 9 of the
Welfare and Institutions Code, received by the department or its
designee after the requested treatment has been provided to the
child.

(c) If a provider of services who meets the requirements of
paragraph (2) of subdivision (a) incurs costs for services described
in paragraph (3) of subdivision (a) to treat a child described in
subdivision (b) who is subsequently determined to be medically
eligible for the CCS program as determined by the department or
its designee, the department may reimburse the provider for those
costs. Reimbursement under this section shall conform to the
requirements of Section 14105.18 of the Welfare and Institutions
Code.

(d) (1)  begin delete Notwithstanding any other provision of law, by end delete begin insert By end insert July
1, 2015, or a subsequent date determined by the department,
requests for authorization of services begin insert , excluding requests for
authorization of services submitted by dental providers enrolled
in the Medi-Cal Dental program end insert begin insert , end insert shall be submitted in an electronic
format determined by the department and shall be submitted via
the department’s Internet Web site or other electronic means
designated by the department. The department may implement
this requirement in phases.

(2) The department begin delete may end delete begin insert shall end insert designate an alternate format for
submitting requests for authorization of services when the
department’s Internet Web site or other electronic means designated
in paragraph (1) are unavailable due to begin delete an unplanned end delete begin insert a system end insert
disruption.

(3) Notwithstanding Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code,
the department may, without taking regulatory action, implement,
interpret, or make specific this subdivision and any applicable
waivers and state plan amendments by means of all-county letters,
plan letters, plan or provider bulletins, or similar instructions.
Thereafter, the department shall adopt regulations by July 1, 2017,
in accordance with the requirements of Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code. The department shall consult with interested
parties and appropriate stakeholders in implementing this
subdivision.

SEC. 2.  

Section 125185 is added to the Health and Safety Code,
to read:

125185.  

(a) (1)  begin delete Notwithstanding any other provision of law,
by end delete begin insert By end insert July 1, 2015, or a subsequent date determined by the
department, Genetically Handicapped Persons Program (GHPP)
requests for authorization of services begin insert , excluding requests for
authorization of services submitted by dental providers enrolled
in the Medi-Cal Dental program, end insert shall be submitted in an electronic
format determined by the department and shall be submitted via
the department’s Internet Web site or other electronic means
designated by the department. The department may implement
this requirement in phases.

(2) The department begin delete may end delete begin insert shall end insert designate an alternate format for
submitting requests for authorization of services when the
department’s Internet Web site or other electronic means designated
in paragraph (1) are unavailable due to begin delete an unplanned end delete begin insert a system end insert
disruption.

(b) Notwithstanding Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code,
the department may, without taking regulatory action, implement,
interpret, or make specific this section and any applicable waivers
and state plan amendments by means of all-county letters, plan
letters, plan or provider bulletins, or similar instructions. Thereafter,
the department shall adopt regulations by July 1, 2017, in
accordance with the requirements of Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code. The department shall consult with interested
parties and appropriate stakeholders in implementing this section.

SEC. 3.  

Section 14133.01 of the Welfare and Institutions Code
is amended to read:

14133.01.  

(a) Notwithstanding any other provision of law, the
director or his or her designee may apply prior authorization by
designing a sampling methodology that will result in a generally
acceptable audit standard for approval of a treatment authorization
request (TAR), or a class of TARs. The director or his or her
designee shall determine the applicable sampling methodology
based upon health care industry standards and discussions with
applicable Medi-Cal providers or their representatives. This
sampling methodology shall be implemented by no later than July
1, 2005, and an outline of begin delete it end delete begin insert the methodology end insert shall be provided to
the fiscal and policy committees of both houses of the Legislature.
It is the intent of the Legislature for the department to review the
sampling methodology on an ongoing basis and update begin delete it end delete begin insert the
methodology end insert as applicable on a periodic basis in order to keep
abreast of health care industry trends and the need to manage an
efficient and effective Medi-Cal program.

(b) The department shall pursue additional means to improve
and streamline the treatment authorization request process
including, where applicable, those identified by independent
analyses such as the July 2003 report by the California begin delete Healthcare end delete
begin insert HealthCare end insert Foundation entitled Medi-Cal Treatment
Authorizations and Claims Processing: Improving Efficiency and
Access to Care, and those identified by Medi-Cal providers. It is
the Legislature’s intent that any identified improvements be
begin delete cost-beneficial end delete begin insert cost beneficial end insert to the state and to the Medi-Cal
program as a whole.

(c) (1)  begin delete Notwithstanding any other law, by end delete begin insert By end insert July 1, 2015, or
a subsequent date determined by the department, treatment
authorization requests begin insert , excluding treatment authorization requests
submitted by dental providers enrolled in the Medi-Cal Dental
program, end insert shall be submitted in an electronic format determined
by the department and shall be submitted via the department’s
Internet Web site or other electronic means designated by the
department. The department may implement this requirement in
phases.

(2) The department begin delete may end delete begin insert shall end insert designate an alternate format for
submitting requests for authorization of services when the
department’s Internet Web site or other electronic means designated
in paragraph (1) are unavailable due to begin delete an unplanned end delete begin insert a system end insert
disruption.

(d) Notwithstanding Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code,
the department may, without taking regulatory action, implement,
interpret, or make specific, this section and any applicable waivers
and state plan amendments by means of all-county letters, plan
begin delete latters, end delete begin insert letters, end insert plan or provider bulletins, or similar instructions.
Thereafter, the department shall adopt regulations by July 1, 2017,
in accordance with the requirements of Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code.