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San Francisco Marin Medical Society Blog

Significant New California Laws of Interest to Physicians for 2015



The California Legislature had an active year, passing many new laws affecting health care. In particular, there was a strong focus on scope of practice for allied health professionals, prescription drug abuse, public health issues and health care coverage. A summary of the most significant new health laws of interest to physicians are listed below. For an extensive listing, click here

AB 1755 (Gomez) - MEDICAL INFORMATION

CMA Position: Sponsored
Revises provisions of law requiring licensed health facilities to prevent disclosure of patients' medical information by extending the deadline for health facilities to report unauthorized disclosures from five to 15 business days after unlawful or unauthorized access, use, or disclosure has been detected. This bill also authorizes the report made to the patient or the patient's representative to be made by alternative means, including email, as specified by the patient. This bill also extends the deadline when reporting is delayed for law enforcement purposes, as specified, from five to 15 days business days after the end of the delay. This bill gives the Department of Public Health full discretion to consider all factors when determining whether to conduct investigations under these provisions.

(Health & Safety Code §1280.15)

AB 1743 (Ting) - HYPODERMIC NEEDLES AND SYRINGES

CMA Position: Support
Deletes the limit on the number of syringes a pharmacist has the discretion to sell to an adult without a prescription and extends, until January 1, 2021, the statewide authorization for pharmacists to sell syringes without a prescription, as specified. Exempts the possession of a specified amount of hypodermic needles and syringes that are acquired from an authorized source.

(Business & Professions Code §§4144.5, 4145.5, 4148.5, 4144, 4145 and 4148; Health & Safety Code §§4149.5 and 11364.)

SB 964 (Hernandez E.) - HEALTH CARE COVERAGE

CMA Position: Support
Increases oversight of health care service plans with respect to compliance with timely access and provider network adequacy standards. Authorizes a health plan to include in its contracts with providers, provisions requiring compliance with timely access and network adequacy data reporting requirements. Requires DMHC to annually review health plan compliance with timely access standards and to post its final findings from the review, and any waivers or alternative standards approved by DMHC, on its Web site. Authorizes DMHC to develop, and requires health plans to use, standardized methodologies for timely access reporting, and exempts the development and adoption of the standardized reporting methodologies from the Administrative Procedures Act, the body of law governing state regulations, until January 1, 2020.

(Health & Safety Code §§1367.03, 1367.035, and 1380.3; Welfare & Institutions Code §§14456 and 14456.3)

SB 1053 (Mitchell) - HEALTH CARE COVERAGE - CONTRACEPTIVES

CMA Position: Support
Requires, effective January 1, 2016, most health plans and insurers to cover a variety of Food and Drug Administration-approved contraceptive drugs, devices, and products for women, as well as related counseling and follow-up services and voluntary sterilization procedures. Prohibits cost-sharing, restrictions, or delays in the provision of covered services, but allows cost-sharing and utilization management procedures if a therapeutic equivalent drug or device is offered by the plan with no cost-sharing.

(Health & Safety Code §1367.25; Insurance Code §10123.196; Welfare & Institutions Code §14132)



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