BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 120
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 120 (Hayashi)
          As Amended  July 8, 2009
          Majority vote
           
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          |ASSEMBLY:  |78-0 |(June 3, 2009)  |SENATE: |35-0 |(August 17,    |
          |           |     |                |        |     |2009)          |
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           Original Committee Reference:    B. & P.  

           SUMMARY  :  Amends the medical peer review process by recommending  
          external peer review in limited circumstances, requires peer  
          review bodies to share information, establishes the duties of a  
          hearing officer, and sets parameters for attorney  
          representation.  

           The Senate amendments  :

          1)State that a peer review body must make timely recommendations  
            to the governing body and its designee, if applicable,  
            regarding quality considerations relating to clinical  
            services.

          2)Revise the term "external peer review" to mean peer review  
            provided by licentiates who do not practice in the same health  
            care facility as the licentiate under review.

          3)Give the responding peer review body discretion to decide  
            whether to produce minutes from peer review body meetings, and  
            states that the records produced by a peer review body may  
            only be used for peer review purposes. 

          4)Allow reimbursement of processing costs for peer review  
            records. 

          5)Require, upon request, the licentiate under review by a peer  
            review body requesting records to release the responding peer  
            review body, its members, and the health care entity for which  
            the peer review body conducts peer review, from liability for  
            the disclosure of records, and the contents thereof.  If the  
            licentiate does not provide a reasonable release that is  
            acceptable to the responding peer review body, the responding  
            peer review body shall not be obligated to produce records.








                                                                  AB 120
                                                                  Page  2


          6)Exempts dental professional society peer review bodies from  
            the requirement that a hearing officer be a licensed  
            California attorney.
           
          7)Double-joints this bill to SB 820 (Negrete-McLeod). 

          8)Make minor technical changes.

           AS PASSED BY THE ASSEMBLY  , this bill was substantially similar  
          to the version passed by the Senate.
           
          FISCAL EFFECT  :   Unknown.  This bill is keyed non-fiscal.
           

          Analysis Prepared by  :    Sarah Huchel / B. & P. / (916) 319-3301  
                                                       FN:  0001999