BILL NUMBER: AB 1485 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Patterson
FEBRUARY 27, 2015
An act to amend Section 4620 of add
Section 14132.735 to the Welfare and Institutions Code,
relating to developmental services Medi-Cal
.
LEGISLATIVE COUNSEL'S DIGEST
AB 1485, as amended, Patterson. Developmental services:
regional centers. Medi-Cal: teleradiology.
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
radiologist to be located in California as a condition of Medi-Cal
provider enrollment or reimbursement for teleradiology services, as
defined, provided to Medi-Cal beneficiaries undergoing imaging
procedures at locations within California, if the radiologist meets
specified conditions and criteria, as specified.
Existing law, the Lanterman Developmental Disabilities Services
Act, requires the State Department of Developmental Services to enter
into contracts with private nonprofit corporations to operate
regional centers to provide community services and supports for
persons with developmental disabilities and their families. Existing
law states the intent of the Legislature that the design and
activities of regional centers reflect, among other things, a strong
commitment to the delivery of direct service coordination to persons
with disabilities and their families.
This bill would make technical, nonsubstantive changes to those
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14132.735 is added to the
Welfare and Institutions Code , to read:
14132.735. (a) It is the intent of the Legislature that the
utilization of national teleradiology networks in the delivery of
timely and cost-effective health care services to Medi-Cal
beneficiaries supplement, and not supplant, work performed by
California health care providers.
(b) Notwithstanding Section 14122, the department shall not
require a radiologist to be located in California as a condition of
Medi-Cal provider enrollment or reimbursement for teleradiology
services provided to Medi-Cal beneficiaries undergoing imaging
procedures at locations within California, if the radiologist meets
all of the following conditions and criteria:
(1) The radiologist is licensed pursuant to Division 2 (commencing
with Section 500) of the Business and Professions Code.
(2) The radiologist is enrolled and in good standing in the
Medicaid program for the state where the radiologist is located, is
enrolled in good standing in Medicare, or is enrolled in good
standing in both programs.
(3) The radiologist is not located outside the United States of
America.
(4) The radiologist satisfies all requirements for enrollment and
participation in the Medi-Cal program, and other statutory
requirements for providing telehealth services.
(5) The radiologist consents to Medi-Cal acting through the state
Medicaid program where the radiologist is located and the Medicare
Program with respect to any issues concerning the radiologist's
enrollment or participation in Medi-Cal.
(6) The radiologist consents to jurisdiction and venue in
Sacramento, California, for any and all legal proceedings in any way
related to the radiologist's enrollment in Medi-Cal, including, but
not limited to, formal or informal proceedings, as well as
administrative, civil, and criminal proceedings.
(c) For purposes of this section, "teleradiology services" means
professional diagnostic review and interpretation of medical imaging
studies by remote means, including asynchronous store and forward
transmission.
(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 implement, interpret, and make specific this section
by means of all-county letters, provider bulletins, and similar
instructions.
(e) This section shall be implemented only to the extent permitted
by federal law and to the extent that federal financial
participation is available.
SECTION 1. Section 4620 of the Welfare and
Institutions Code is amended to read:
4620. (a) In order for the state to carry out its
responsibilities as established in this division, the state shall
contract with appropriate agencies to provide fixed points of contact
in the community for persons with developmental disabilities and
their families, to the end that these persons may have access to the
services and supports best suited to them throughout their lifetime.
It is the intent of the Legislature in enacting this division that
the network of regional centers for persons with developmental
disabilities and their families be accessible to every family in need
of regional center services. It is the further intent of the
Legislature that the design and activities of regional centers
reflect a strong commitment to the delivery of direct service
coordination, and that all other operational expenditures of regional
centers are necessary to support and enhance the delivery of direct
service coordination and services and supports identified in
individual program plans.
(b) The Legislature finds that the service provided to individuals
and their families by regional centers is of such a special and
unique nature that it cannot be satisfactorily provided by state
agencies. Therefore, private nonprofit community agencies shall be
utilized by the state for the purpose of operating regional centers.