BILL NUMBER: AB 158 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 4, 2008
AMENDED IN SENATE MAY 7, 2008
AMENDED IN ASSEMBLY JANUARY 24, 2008
AMENDED IN ASSEMBLY JANUARY 16, 2008
AMENDED IN ASSEMBLY JANUARY 7, 2008
AMENDED IN ASSEMBLY MAY 1, 2007
AMENDED IN ASSEMBLY APRIL 10, 2007
INTRODUCED BY Assembly Member Ma
JANUARY 18, 2007
An act to add Article 4.6 (commencing with Section 14146)
to Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions
Code, relating to Medi-Cal. An act to amend Section
2191 of the Business and Professions Code, relating to medicine.
LEGISLATIVE COUNSEL'S DIGEST
AB 158, as amended, Ma. Medi-Cal: benefits for
nondisabled persons infected with chronic hepatitis B.
Medicine: licensing: continuing education requirements.
Existing law requires the Medical Board of California to establish
continuing education requirements for physicians and surgeons, and
requires the board to consider including various courses in
determining its continuing education requirements.
This bill would, in addition, require the board to consider
including a continuing education course in the diagnosis and
treatment of hepatitis.
Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Care Services and
under which qualified low-income persons receive health care
benefits. Counties are responsible for making eligibility
determinations under the Medi-Cal program. One of the methods by
which services are provided under the Medi-Cal program is through
enrollment of recipients in Medi-Cal managed care plans.
This bill would require the State Department of Health Care
Services to expand eligibility for benefits under the existing
Medi-Cal program to include nondisabled persons with chronic
hepatitis B infection who would be eligible for Medi-Cal if disabled.
This bill would provide that the expansion would be implemented on
the date all applicable federal waivers are granted, as specified.
The bill would provide that enrollment in Medi-Cal pursuant to the
bill would be limited pursuant to an allocation system to be
developed by the department. The bill would require the department to
meet federal revenue neutrality requirements through the savings
generated by voluntary enrollment into Medi-Cal managed care of
persons who are disabled as a result of hepatitis B, and who are
either receiving Medi-Cal benefits on a fee-for-service basis as of
January 1, 2009, or who become eligible to receive Medi-Cal benefits
on or after that date. The bill would condition its implementation
upon the receipt of federal financial participation and would
prohibit the department from enrolling persons in the program
established by this bill until the department can ensure sufficient
savings equal to or greater than the cost of providing benefits to
these persons.
By increasing counties' responsibilities for Medi-Cal eligibility
determinations, this bill would impose a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2191 of the Business
and Professions Code is amended to read:
2191. (a) In determining its continuing education requirements,
the Division of Licensing board shall
consider including a course in human sexuality as defined in Section
2090 and nutrition to be taken by those licensees whose practices may
require knowledge in those areas.
(b) The division board shall
consider including a course in child abuse detection and treatment to
be taken by those licensees whose practices are of a nature that
there is a likelihood of contact with abused or neglected children.
(c) The division board shall
consider including a course in acupuncture to be taken by those
licensees whose practices may require knowledge in the area of
acupuncture and whose education has not included instruction in
acupuncture.
(d) The division board shall
encourage every physician and surgeon to take nutrition as part of
his or her continuing education, particularly a physician and surgeon
involved in primary care.
(e) The division board shall
consider including a course in elder abuse detection and treatment to
be taken by those licensees whose practices are of a nature that
there is a likelihood of contact with abused or neglected persons 65
years of age and older.
(f) In determining its continuing education requirements, the
division board shall consider including
a course in the early detection and treatment of substance abusing
pregnant women to be taken by those licensees whose practices are of
a nature that there is a likelihood of contact with these women.
(g) In determining its continuing education requirements, the
division board shall consider including
a course in the special care needs of drug addicted infants to be
taken by those licensees whose practices are of a nature that there
is a likelihood of contact with these infants.
(h) In determining its continuing education requirements, the
division board shall consider including
a course providing training and guidelines on how to routinely
screen for signs exhibited by abused women, particularly for
physicians and surgeons in emergency, surgical, primary care,
pediatric, prenatal, and mental health settings. In the
event the division If the board establishes a
requirement for continuing education coursework in spousal or partner
abuse detection or treatment, that requirement shall be met by each
licensee within no more than four years from the date the requirement
is imposed.
(i) In determining its continuing education requirements, the
division board shall consider including
a course in the special care needs of individuals and their families
facing end-of-life issues, including, but not limited to, all of the
following:
(1) Pain and symptom management.
(2) The psycho-social dynamics of death.
(3) Dying and bereavement.
(4) Hospice care.
(j) In determining its continuation
continuing education requirements, the division
board shall give its highest priority to
considering a course on pain management.
(k) In determining its continuing education requirements, the
board shall consider including a course in the diagnosis and
treatment of hepatitis to be taken by those licensees whose practices
may require such knowledge. All matter omitted in this version
of the bill appears in the bill as amended in Senate, May 7, 2008.
(JR11)