BILL NUMBER: AB 2810 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 17, 2016
INTRODUCED BY Assembly Member Eggman
(Coauthor: Senator Wolk)
FEBRUARY 19, 2016
An act 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
Ins titutions Code, relating to prescription drugs.
LEGISLATIVE COUNSEL'S DIGEST
AB 2810, as amended, Eggman. Aid-in-dying prescription
drugs. drugs: coverage for Medi-Cal beneficiaries.
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. The act is
repealed on January 1, 2026.
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.
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.
This bill would declare the intent of the Legislature to
enact legislation relating to health care coverage and payment for
aid-in-dying prescription drugs. 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.
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. Article 6.3 (commencing with Section
14196.50) is added to Chapter 7 of Part 3 of Division 9 of the
Welfare and Institutions Code , to read:
Article 6.3. Coverage for Aid-in-Dying Drugs
14196.50. (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.
14196.51. (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.
14196.52. 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.
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.