BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1771
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          ASSEMBLY THIRD READING
          AB 1771 (V. Manuel Pérez) 
          As Amended May 28, 2014
          Majority vote 

           HEALTH              18-0        APPROPRIATIONS      12-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Pan, Maienschein,         |Ayes:|Gatto, Bocanegra,         |
          |     |Ammiano, Chau, Bonilla,   |     |Bradford,                 |
          |     |Bonta, Chesbro, Gomez,    |     |Ian Calderon, Campos,     |
          |     |Gonzalez, Roger           |     |Eggman, Gomez, Holden,    |
          |     |Hernández, Lowenthal,     |     |Pan, Quirk,               |
          |     |Waldron, Nazarian,        |     |Ridley-Thomas, Weber      |
          |     |Nestande, Patterson,      |     |                          |
          |     |Ridley-Thomas, Wagner,    |     |                          |
          |     |Wieckowski                |     |                          |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Requires health plans and insurers to cover telephone  
          visits provided by a physician, effective January 1, 2016.   
          Specifically,  this bill  :  

          1)Exempts certain telephone visits from this requirement,  
            including: 

             a)   A telephone visit that is related to a service or  
               procedure provided to an established patient within a  
               reasonable period of time prior to the telephone visit, as  
               recognized by the American Medical Association, Current  
               Procedural Terminology (CPT) codes;

             b)   A telephone visit that leads to a related service or  
               procedure provided to an established patient within a  
               reasonable period of time, or within an applicable  
               postoperative period, as recognized by CPT codes;

             c)   A telephone visit provided as part of a bundle of  
               services for which reimbursement is provided for on a  
               capitated or prepaid basis; and,

             d)   A telephone visit that is not initiated by the patient.

          2)Requires a telephone visit that is covered under this bill to  
            meet all of the following criteria:








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             a)   Do not require a face-to-face visit with the physician;

             b)   Be provided remotely through live voice communication to  
               an established patient, meaning a patient who, within the  
               three years immediately preceding the telephone visit, has  
               received professional services from the provider or another  
               provider of the exact same specialty and subspecialty who  
               belongs to the same group practice, or a minor established  
               patient's parents or guardians; 

             c)   Be initiated by the patient, or parents or guardians of  
               a minor patient; and,

             d)   Be recognized by CPT codes.


           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, estimated costs are as follows:

          1)Costs of $500,000 to $2 million for provision of services  
            through California Public Employees' Retirement System benefit  
            plans (General Fund (GF)/federal/special/local funds).  About  
            60% of this cost is state cost, while the rest is a local  
            cost.  This range is based on assumptions related to  
            cost-sharing and percentage of visits billed.

          2)Increased employer-funded premium costs in the private  
            insurance market of $6 million to $25 million.

          3)Increased premium expenditures by employees and individuals  
            purchasing insurance of $5 million to $23 million, as well as  
            increased out-of-pocket expenditures of $2 million to $10  
            million.

           COMMENTS  :  CPT codes, which are produced and copyrighted by the  
          American Medical Association, are commonly used to identify and  
          bill for medical procedures.  CPT codes for non-face-to-face  
          encounters relate to existing patients only and have other  
          restrictions, including, for example, that they may not be  
          simply a follow-up question related to a visit in the previous  
          seven days.  Telephone visits covered under this bill must be  
          recognized by a CPT code.

          The California Medical Association, sponsor of this bill, states  








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          that telephonic and electronic patient management services  
          facilitate the diagnosis, consultation, treatment, education,  
          care management and self-management of the patient's health as  
          well as providing caregiver support.  The California Primary  
          Care Association (CPCA) and Planned Parenthood Affiliates of  
          California support this bill as a way to support member clinic  
          efforts to better serve patients through the development and  
          expansion of telehealth capabilities, especially in underserved  
          and remote rural areas.  CPCA states that maximizing the  
          efficient use of physician time is especially important since  
          only 16 of California's 58 counties have the federal  
          government's recommended supply of primary care providers.  

          Health plans and insurers were opposed to a previous version of  
          this bill, arguing that the mandated reimbursement will  
          dramatically and significantly increase the costs of coverage  
          and reimburse physicians for a basic and fundamental  
          communication tool that every provider should be using  
          regardless of coverage or reimbursement status.  America's  
          Health Insurance Plans argued that reimbursing providers for  
          each and every service provided to a patient including phone  
          calls will subject patients to multiple copayments and other  
          cost sharing responsibilities for every such encounter.  The  
          California Chamber of Commerce stated that this bill will add  
          new costs for services already being provided, driving up costs  
          and health insurance premiums, along with consumer cost sharing  
          charges, just for patients to be able to communicate with their  
          doctors.

           
          Analysis Prepared by  :    Ben Russell / HEALTH / (916) 319-2097 


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