California Legislative Bills 2003-2004 Session

2003-2004 California Legislative Summary
(updated November 29, 2003)

Medi-Cal
Medi-Cal Optional Benefits  
CAOMA Position:

Support continued funding of acupuncture services in the Medi-Cal Optional Benefits program.
SUMMARY: In January, Governor Davis recommended taking acupuncture and other "Optional Benefits" out of Medi-Cal to reduce the State's budget deficit by about $300 million. Of that amount, acupuncture accounts for $2.9 million. The Federal government provides matching funds for Medi-Cal, so the elimination of Medi-Cal optional benefits actually reduces Medi-Cal benefits by $600+ million and acupuncture by $5.8 million. Both the Assembly and Senate budget subcommittees on health retained the Optional Benefits, including acupuncture. The full budget bills from both houses, passed on simple majority votes, were then sent to a Joint Conference Committee to work out the differences between the Senate and Assembly versions, and to develop amendments that would be acceptable to a few Republicans, whose votes are necessary for the required 2/3 majority vote. Final 2003-04 Budget retained Medi-Cal Optional Benefits, including acupuncture.
Jan 5
eliminated "Options"
Governor's 2003-04 Budget
retained "Options"
Assembly and Senate Health Budget Subcommittees
May 5
eliminated "Options"
Governor's May Budget Revision
retained "Options"
Assembly and Senate Health Budget Subcommittees
May 27
Passed
Assembly Budget Committee
May 28
Passed
Senate Budget Committee
June 17
Returned to Floor
Joint Conference Committee
July 29
Passed (29 days late)
Senate and Assembly
Aug 2
Signed
Governor vetoed selected expenditures and approved



SB 228 (Alarcon)
Workers' compensation:  fee schedules & fraud

CAOMA Position:

OPPOSED reductions in Workers Compensation Fee Schedule for acupuncture services. NEUTRAL after CAOMA amendments were accepted.
SUMMARY: Initially created a new hospital outpatient fee schedule, revised the rates for the pharmacy fee schedule, updated the official medical fee schedule for hospital inpatient services, physicians and other providers, and updated the fees for hospital outlier services. This bill attempts to correct increased Workers Compensation insurance premiums that have resulted from artificially low premiums designed to reduce competition, the Industrial Medical Council’s failure to adopt an outpatient fee schedule for surgical procedures, and the over-prescription  and over-treatment by certain health care providers. The proposed changes to the Official Medical Fee Schedule would have reduced the fees for acupuncture and electroacupuncture from $54 and $73 down to $19! The final version of the bill generally requires the use of the MediCare fee schedule, but also requires rates for services not covered by MediCare (such as acupuncture) to be determined by the Executive Director of the Division of Workers Compensation. The final version also eliminates the Industrial Medical Council.
April 9
Passed 8-0
Senate Labor & Industrial Relations
May 19
Passed 8-3
Senate Appropriations
June 4
Passed 37-1
Senate Floor
July 10
Amended and Passed 18-0
Assembly Insurance Committee
July 24
Passed 74-1
Assembly Floor
July 24
Failed 0-39
Senate Floor
July 24
Assigned
to Joint Conference Committee
Sept  9
Passed 4-2-0
Joint Conference Committee
Sept 12
Passed 47-19
Assembly Floor
Sept 12
Passed 25-10
Senate Floor
Sept 30
Signed
Governor



SB 582 (Speier)
Ephedra products ban

CAOMA Position:

OPPOSED restrictions on prescription of ephedra by Licensed Acupuncturists.
SUPPORTED after CAOMA amendments were accepted.

SUMMARY: This bill prohibits the sale or distribution of  any dietary supplement products, including ephedra, that  contain ephedrine group  alkaloids. Dietary supplement manufacturers have ignored the advise of experts in Chinese herbal medicine, mixed ephedra with caffeine and other stimulants, and sold them for weight loss. Many individuals with pre-existing health conditions claim to have been harmed by these products. CAOMA is opposed to the use of ephedra in weight-loss products, but supports the continued legitimate use of ephedra in over 100 traditional Chinese herbal medicine formulas, and has asked that acupuncturists be exempted from this bill. Both Consumers Union (the sponsor of SB 582) and Senator Speier  have indicated that they are agreable to amendments. Once acceptable amendments are adopted, CAOMA may chose to support SB 582.
April 10
Passed 9-3
Senate Health & Human Services
April 28
Passed
Senate Appropriations
May 12
Passed 24-14
Senate Floor
June 24
Next Hearing
Assembly Health Committee


SB 867 (Burton)
Workers' compensation: disability evaluation


CAOMA Position:

SPONSOR
SUMMARY:  This bill would authorize acupuncturists who complete 300 hours of post-graduate specialty training to sit for the same Qualified Medical Evaluator (QME) examination currently given by the Industrial Medical Council to other health care providers listed in section 3209.3 of the Labor Code, and to allow those acupuncturist QMEs to make disability determinations for injured workers. Currently, acupuncturists can take a QME exam that does not include disability questions, be certified as QMEs, but must refer to other QMEs for disability evaluations. This bill is being held until January 2004.
March 13
On Hold until 2004
Senate Committee on Labor & Industrial Relations



AB 573 (Chu)
Traditional Asian medicine and herbal products certificaiton.

CAOMA Position:

SPONSOR
SUMMARY: This bill would establish a voluntary Traditional Asian Medicine Certification Program to be administered by the State Department of Health Services. Certified products would be labeled as meeting standards. No similar certification standards for dietary supplements exist in the United States. The FDA is been considering adopting Good Manufacturing Practice (GMP) standards. This bill is on hold until January 2004.
February 27
On hold until 2004
Assembly Health Committee



AB 175 (Cohn)
Health care provider contracts     
CAOMA Position:

SUPPORT
SUMMARY:   This bill would require the rights and obligations of a health care provider contract, when a contracting agent sells, leases, or transfers the contract to a payor, to be governed by the underlying contract between the provider and the contracting agent.
April 30
Passed 24-1
Assembly Health
May 15
Passed 24-0
Assembly Appropriations
May 22
Passed 80-0
Assembly Floor
July 10
Passed 8-0
Senate Committe on Insurance
July 24
Passed 39-0
Senate Floor
Aug 9
Signed
Governor



SB 907 (Burton)
Naturopathic Doctors Licensing

CAOMA Position:

OPPOSED unless amended.
NEUTRAL after CAOMA amendments were accepted.

SUMMARY: This bill licenses naturopathic doctors with an expansive scope of practice that would have overlaped the scopes of practice of many other health care professions, including licensed acupuncturists. CAOMA requested that the bill specifically exclude acupuncture, Chinese herbal medicine, and oriental massage. CAOMA's amendments were accepted on June 30, and amended into the bill on July 8. It will likely take over a year before the first licenses are issued.
May 6
Passed 4-2
Senate Business & Professions
May 20
Passed 10-3
Senate Appropriations
May 22
Passed 21-13
Senate Floor
July 1
Hearing
Assembly Business & Professions Committee
July 8
Passed 13-0
Assembly Business & Professions Committee
August 28
Passed 62-9
Assembly Floor
Sept 2
Passed 26-12
Senate Floor
Sept 22
Signed
Governor



SB 921 (Kuehl)
Single payer health care coverage

CAOMA Position:

SUPPORT IF AMENDED
SUMMARY: SB 921 would establishe a prospective study of the viability of a California Health Care System (CHCS)  that would provide universal health care to all Californians through a single payer delivery system administered by a California Health Care Agency. This proposal has the potential to save $10-30 billion that private health plans currenlty spend on duplicative administrative costs, or allow that money to be used to pay for medical services instead. CAOMA supports SB 921 because it would mean stream-lining paperwork and would provide more money directly for health care providers such as licensed acupunctursts.
May 1
Passed 5-3
Senate Insurance, Revenue, & Taxation
May 13
Passed 8-3
Senate Health & Human Services
May 29
Passed 8-5
Senate Appropriations Committee
June 4
Passed  23-14
Senate Floor
June 4
Held at Desk
Assembly



SB 969 (Bowen)
Telephone medical advice services

CAOMA Position:

SUPPORT IF AMENDED
SUMMARY: This bill applies the current definition of “telephone medical advice” to health care service plans, and  further defines as including assessment, evaluation, or advice to patients or their family members. CAOMA’s proposed amendment would add acupuncturists to the list of health care practitioners included under the definition. It is unknown why acupuncturists were excluded. Senator Bowen is likely to reintroduce new legislation in 2004 to correct some other problems.
May 7
Passed 6-0
Senate Business & Professions
May 19
Passed Rule 28.8
Senate Appropriations
May 22
Passed 37-0
Senate Floor
July 1
Passed 13-0
Assembly Health Committee
Aug 26
Amended
Assembly Floor
Sep 4
Passed  76-0
Assembly Floor
Sep 9
Passed 40-0
Senate Floor
Oct 12
Signed
Governor



AB 309 (Chu)
Contracts:  foreign languages
CAOMA Position:

SUPPORT
SUMMARY: Adds to existing law regarding Spanish language contracts, the requirement that a person in a trade or business who negotiates specified contracts or agreements primarily in Chinese, Tagalog,  Vietnamese or Korean to deliver to the other party to the  contract, prior to execution, an unexecuted translation of the  contract or agreement in the language in which it was negotiated.
March 18
Passed 9-1
Assembly Judicial
May 6
Passed 7-2
Assembly Business & Finance
May 19
Passed 49-30
Assembly Floor
July 2
Passed 4-1
Senate Committee on Judiciary
Aug 19
Passed 26-12
Senate Floor
Sep 2
Passed 46-31
Assembly Floor
Sep 6
Signed
Governor



AB 154 (Chan)
Health Care Plans: culturally and linguistically appropriate services
CAOMA Position:
WATCH
SUMMARY: Requires health plans participating in the Healthy Families  Program (HFP) and Medi-Cal to submit annual reports regarding  the provision of culturally and linguistically appropriate  services.
March 5
Passed 13-9
Assembly Health
May 28
Held
Assembly Appropriations



AB 621 (Nakanishi)
Physicians and surgeons:  immunity from liability

CAOMA Position:

WATCH
SUMMARY: This bill creates the Physicians and Surgeons Liability  Insurance Pilot Program (PSLIPP) to purchase liability insurance  for up to 100 physicians and surgeons who are eligible for a  licensing fee waiver because he or she has certified to the  Medial Board that his or her licensure renewal is for the  purpose of providing voluntary, unpaid service to a public  agency, not-for-profit agency, institution or corporation that  provides medical services to indigent patients in medically  under-served or critical-need population areas of the state.
May 5
Passed 25-0
Assembly Health
June 4
Passed 24-0
Assembly Appropriations Committee
June 5
Passed 78-0
Assembly Floor
July 3
Passed 8-0
Senate Insurance Committee
Aug 18
Suspended
Senate Appropriations Committee



AB 1388 (Kehoe)
Massage therapy and bodywork licensure

CAOMA Position:
WATCHING
SUMMARY:  This bill would establish the Massage Therapy and Bodyworks Commission in the Department of Consumer Affairs to register license and regulate massage therapists and bodyworkers. CAOMA may recommend amendments to avoid confusion or limitations regading scopes of practice.
Feb 21
Introduced
Assembly
Apr 23
Amended
Assembly Business & Professions
Sep 10
Amended
Assembly Business & Professions



SB 229 (Burton)
State (Workers) Compensation Fund Premium Freeze

CAOMA Position:

WATCHED
SUMMARY: This bill would have prohibited the State Compensation  Insurance Fund (SCIF) from raising small employers  premiums, for a two year period, if such small employers  are claim free for five years and if they provide health  insurance coverage for their employees. The bill would have  required the SCIF to submit their findings to the  Legislature by January 1, 2005. This bill was sent to a joint Conference Committee on Workers Compensation, which did not adopt these provisions in its final version, SB228.
April 30
Passed 5-2
Senate Labor & Industrial Relations
May 20
Passed 8-5
Senate Appropriations
June 2
Passed 24-15
Senate Floor
June 9
Sent to:
Assembly Insurance Committee



California Legislation 2001-2002