Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2810

Introduced by Assembly Member Eggman

(Coauthor: Senator Wolk)

February 19, 2016

An act begin insert to add and repeal Article 6.3 (commencing with Section 14196.50) of Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code, end insert relating to prescription drugs.

LEGISLATIVE COUNSEL’S DIGEST

AB 2810, as amended, Eggman. Aid-in-dying prescription begin delete drugs. end delete begin insert drugs: coverage for Medi-Cal beneficiaries. end insert

Under the End of Life Option Act, an adult who meets certain qualifications and who has been determined by his or her attending physician to be suffering from a terminal disease, as defined, is authorized to make a request for a drug prescribed pursuant to these provisions for the purpose of ending his or her life. begin insert The act is repealed on January 1, 2026. end insert

begin insert

Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which qualified low-income persons receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Existing law provides for a schedule of benefits under the Medi-Cal program, which includes prescription drugs, as specified.

end insert begin insert

Existing federal law prohibits the expenditure of funds appropriated by Congress for the provision of health care services under the Medicaid Program from being used (1) to provide or pay for any health care item or service furnished for the purpose of causing, or for the purpose of assisting in causing, the death of any individual, as specified; or (2) to pay for health benefit coverage that includes any coverage of the item or service or of any expenses relating to the item or service.

end insert

This bill would begin delete declare the intent of the Legislature to enact legislation relating to health care coverage and payment for aid-in-dying prescription drugs. end delete begin insert add to the schedule of benefits under the Medi-Cal program coverage for aid-in-dying drugs, as defined. The bill would require coverage for an aid-in-dying drug prescription to be provided to a Medi-Cal beneficiary who meets the qualifications of the End of Life Option Act and who requests a prescription in accordance with that act, and would require the cost for those services to be provided with state-only funds. The bill would authorize the department to implement, interpret, or make specific its provisions by all-county letters or similar instructions, without taking regulatory action, until the time regulations are adopted, as specified. The bill’s provisions would be repealed on January 1, 2026. end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Article 6.3 (commencing with Section 14196.50)
is added to Chapter 7 of Part 3 of Division 9 of the end insert begin insert Welfare and
Institutions Code end insert begin insert , to read: end insert

begin insert

 

Article begin insert 6.3. end insert   Coverage for Aid-in-Dying Drugs

 

begin insert 14196.50. end insert   

(a) Aid-in-dying drugs, as defined in Section 443.1
of the Health and Safety Code are covered under the Medi-Cal
program.

(b) Notwithstanding any other law, a beneficiary who is a
qualified person, as defined in Section 443.1 of the Health and
Safety Code, and who requests a prescription for an aid-in-dying
drug in accordance with the End of Life Option Act (Part 1.85
(commencing with Section 443) of the Health and Safety Code)
shall receive coverage for any drug prescribed for this purpose
as provided by this article.

begin insert 14196.51. end insert   

(a) The cost for services under this article shall be
provided with state-only funds.

(b) (1) 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, or make specific this
section by all-county letters or similar instructions from the
director, without taking regulatory action, until the time regulations
are adopted.

(2) The department shall adopt emergency regulations pursuant
to Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code no later than January
1, 2018. The department may readopt any emergency regulation
authorized by this section that is the same as, or substantially
equivalent to, an emergency regulation previously adopted under
this section. The initial adoption of emergency regulations and
one readoption of emergency regulations implementing this section
shall be deemed an emergency and necessary for the immediate
preservation of the public peace, health, safety, or general welfare.

(3) Initial emergency regulations and the one readoption of
emergency regulations authorized by this section shall be exempt
from review by the Office of Administrative Law. The initial
emergency regulations and the one readoption of emergency
regulations shall be submitted to the Office of Administrative Law
for filing with the Secretary of State and each shall remain in effect
for no more than 180 days, by which time final regulations may
be adopted.

begin insert 14196.52. end insert   

This article shall remain in effect only until January
1, 2026, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2026, deletes or extends
that date.

end insert

begin delete

SECTION 1.  

It is the intent of the Legislature to enact
legislation relating to health care coverage and payment for
aid-in-dying prescription drugs.

end delete