Legislative Update May 19, 2008
Author: Kathy Lynch
Legislative Update
By Kathy Lynch, Vice President of Government Affairs
May 19, 2008
The May Revised Budget for 2008-09 was released last Wednesday. For the details on the Governor’s May Revise please click here.
The May Revision reflects significant cuts to Medi-Cal eligibility including undocumented immigrants and newly qualified immigrants. The proposed cuts eliminate California's $111-million program of healthcare for legal immigrants, and pares back the healthcare provided to impoverished people who have been in the country for five years or less, for a savings of $87 million. The Revised Budget also allows cuts in rates to non-contract hospitals servicing Medi-Cal beneficiaries. There are no additional cuts in Medi-Cal provider rates beyond the 10% provider rate decrease already proposed by the Governor and enacted by the Legislature in February to be implemented July 1, 2008.
Please stay tuned to Lynn’s CEO message for further information on the various efforts being put forth to stop the implementation of the 10% reimbursement cuts to Medi-Cal providers.
Below please find an update on the bills on the CPhA Bill List which were heard last week and those which will be heard this week.
If you have any questions or comments, please contact me at klynch@cpha.com or (916) 779-1400.
Thank you very much for your continued support!
Kathy
Monday, May 19, 2008 Assembly Floor
AB 2756 (Duvall) Pharmacists: Furnishing Drugs During Emergency
AB 2756 authorizes a pharmacist to furnish dangerous drugs or devices in reasonable quantities without a prescription during a natural disaster to further the health and safety of the public. AB 2756 authorizes the State Board of Pharmacy, during a natural disaster, to waive application of any provisions of the Pharmacy Law or the regulations adopted there under if the waiver would aid in the protection of the public health or the provision of patient care.
CPhA Position: Support
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_2756&sess=CUR&house=B&author=duvall
AB 2679 (Ruskin) Solid Waste: Enforcement: Local Agencies
AB 2679 amends the Integrated Waste Management Act of 1989 and authorizes the state Integrated Waste Management Board to take any enforcement action that a local enforcement agency may take under the act. AB 2679 authorizes a local agency to include the prevention of the illegal disposal of solid waste and its abatement to make the public aware regarding such disposal and prohibits the disposing or accepting of solid waste accept at a permitted facility.
CPhA Position: Neutral/Watch
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_2679&sess=CUR&house=B&author=nunez
AB 2091 (Fuentes) Workers’ Compensation: Drugs and Pharmacy Services
AB 2091 authorizes the Administrative Director of the Division of Workers' Compensation to revise maximum fees for pharmacy services and drugs that would exceed the fees for pharmacy services and drugs that are prescribed in the relevant Medi-Cal payment system and the maximum fees for pharmacy services or drugs no covered by the relevant Medi-Cal payment system that would exceed 100% of the fees paid by Medi-Cal for pharmacy services or drugs that require comparable resources.
CPhA Position: Neutral/Watch
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_2091&sess=CUR&house=B&author=fuentes
AB 2690 (Krekorian) Product Liability Actions: Prescription Pharmaceuticals
AB 2690 declares that manufacturers of prescription pharmaceutical products shall not be relieved of a duty to warn consumers of the risks and side effects of solely because the product was prescribed to a patient by a physician.
CPhA Position: Neutral/Watch
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_2690&sess=CUR&house=B&author=krekorian
Monday, May 19, 2008 Senate Floor
SB 1307 (Ridley-Thomas) Pharmacy: Pedigree
SB 1307 amends existing law which prohibits a wholesaler or pharmacy from selling or transferring a dangerous drug without a pedigree and from acquiring a dangerous drug without receiving a pedigree. SB 1307 requires a pedigree include a unique identification number and requires the use of federal identifiers under certain conditions. SB 1307 authorizes the above entities that are in possession of dangerous drugs prior to the date of the pedigree requirements to designate them as not subject with a written declaration.
CPhA Position: Support if Amended
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=sb_1307&sess=CUR&house=B&author=ridley-thomas
SB 1406 (Correa) Optometry
SB 1406 provides that an optometrist who is certified to use therapeutic pharmaceutical agents may diagnose and treat the human eye or eyes, or any part of the visual system, for any of the conditions that he or she is trained and authorized by the State Board of Optometry by certification to diagnose and treat. SB 1406 includes minor surgical procedures not requiring general anesthesia.
CPhA Position: Neutral/Watch
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=sb_1406&sess=CUR&house=B&author=correa
SB 1096 (Calderon) Medical Information
SB 1096 allows a pharmacy to mail specified written communications to a patient, without the patient's authorization. SB 1096 provides that the written communication be written in the same language as the prescription label, pertain only to the prescribed course of medical treatment, may not mention any other pharmaceutical products, that a copy of each version shall be submitted to the federal Food and Drug Administration, and shall include disclosures regarding whether the pharmacy receives remuneration.
CPhA Position: Neutral/Watch
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=sb_1096&sess=CUR&house=B&author=calderon
SB 1270 (Cedillo) Pharmacy: Electronic Pedigree Task Force
SB 1270 would require the board to establish the Electronic Pedigree Task Force, with a specified membership, and would require the staff of the board to support the needs of the task force. SB 1270 would impose specified duties on the task force, including the duty to submit an annual report regarding task force findings to the board and specified legislative committees.
CPhA Position: Neutral/Watch
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=sb_1270&sess=CUR&house=B&author=cedillo
Thursday, May 22, 2008 Assembly Appropriations Committee
AB 2058 (Levine) Recycling: Plastic Carryout Bags: Paper Bags
AB 2058 prohibits a store from providing plastic carryout bags to customers unless the store demonstrates an increased recycling diversion rate in the number of plastic carryout bags provided by the store during a specified period. AB 2058 authorizes a store to sell a plastic carryout bag to a customer at a cost specified as an alternative to demonstrating the increased diversion rates. AB 2058 requires a store that is not complying with the diversion rate requirements to sell plastic carryout bags to customers.
CPhA Position: Neutral/Watch
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_2058&sess=CUR&house=B&author=levine
AB 2119 (Galgiani) Correction: Durable Medical Equipment
AB 2119 requires the Department of Corrections and Rehabilitation to establish a list of covered services and maximum allowable reimbursement rates for durable medical equipment used for inmate medical care. AB 2119 provides reimbursement for these items of equipment shall be the lesser of specified amounts and requires a capped rental reimbursement. AB 2119 authorizes the Department to require providers of durable medical equipment to appeal Medicare denials for dually eligible beneficiaries as a condition of Medi-Cal payment.
CPhA Position: Neutral/Watch
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_2119&sess=CUR&house=B&author=galgiani
AB 2425 (Coto) Public Health: Water Quality: Pharmaceuticals
AB 2425 requires every pharmaceutical manufacturer that does business with the state to enter into a public-private partnership with the State Department of Public Health to advance public knowledge about pharmaceuticals in public drinking water supplies. AB 2425 requires the department to post links on its Internet Web site to other Web sites that have relevant educational information on the proper methods of handling and disposing of pharmaceuticals.
CPhA Position: Neutral/Watch
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_2425&sess=CUR&house=B&author=coto
AB 2535 (Hernandez) Medi-Cal: Prescription Drugs
AB 2535 relates to the method by which a professional fee under the reimbursement by the Medi-Cal program to pharmacy providers is calculated. AB 2535 relates to the professional fee for legend or nonlegend drugs dispensed to a beneficiary residing in specified types of facilities. AB 2535 relates to the price markup by pharmacies under the Medi-Cal program and to updating the acquisition cost of drugs in the claims processing system.
CPhA Position: Support
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_2535&sess=CUR&house=B&author=hernandez
AB 2580 (Arambula) Heath: Immunizations
AB 2580 relates to the governing authority of a school district. AB 2580 removes certain of the age and date restrictions and prohibits the advancing of any pupil to a certain grade unless immunized against pertussis.
CPhA Position: Support
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_2580&sess=CUR&house=B&author=arambula
AB 2787 (Arambula) Clinics: Licensing: Hours of Operation
AB 2787 increases the number of hours that a clinic operated by a licensed primary care community or free clinic may be open under this licensure exemption provision to 30 hours a week.
CPhA Position: Neutral/Watch
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_2787&sess=CUR&house=B&author=arambula
AB 2847 (Krekorian) Health Care: Coverage
AB 2847 amends Knox-Keene Health Care Service Plan Act and requires a plan or insurer to disprove medical necessity during any grievance or medical review process. AB 2847 allows a treating provider to directly appeal denial of enrollee or insured health care services to Department of Managed Health Care or Department of Insurance.
CPhA Position: Neutral/Watch
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_2847&sess=CUR&house=B&author=krekorian
Thursday, May 22, 2008 Senate Appropriations Committee
SB 1594 (Steinberg) Bleeding Disorders: Blood Clotting Products
SB 1594 relates to the Holden-Moscone-Garamendi Genetically Handicapped Person's Program. SB 1594 imposes specified requirements on providers of blood clotting products for home use used for the treatment and prevention of symptoms associated with bleeding disorders, including all forms of hemophilia. SB 1594 authorizes the State Department of Health Care Services to adopt regulations necessary to implement these provisions and requires the California State Board of Pharmacy to administer and enforce the above provisions.
CPhA Position: Neutral/Watch
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=sb_1594&sess=CUR&house=B&author=steinberg
SB 1702 (Machado) Medi-Cal
SB 1702 requires the Department of Health Services to perform a review and, if necessary, a field audit of a Medi-Cal provider for purposes of detecting fraudulent activity and protecting program resources when the number of out-of-county Medi-Cal recipients served by a provider exceeds a threshold percentage.
CPhA Position: Neutral/Watch
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=sb_1702&sess=CUR&house=B&author=machado
SB 1712 (Migden) Adulterated Cosmetics
SB 1712 includes lipstick that bears or contains lead or lead compounds as an adultered cosmetic for purposes of the Sherman Food, Drug, and Cosmetics. SB 1712 requires the manufacturer of any lipstick subject to regulation by the federal Food and Drug Administration that is sold in this state to report this fact to the State Department of Public Health and provide evidence that the lipstick was tested and found not to contain lead.
CPhA Position: Neutral/Watch
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=sb_1712&sess=CUR&house=B&author=migden
Update on Bills Heard Last Week
AB 2091 (Fuentes) Workers’ Compensation: Drugs and Pharmacy Services
CPhA Position: Neutral/Watch
AB 2091 was sent to the Assembly Floor Third Reading File.
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_2091&sess=CUR&house=B&author=fuentes
AB 2021 (Fuentes) Personal Information
CPhA Position: Neutral/Watch
AB 2021 passed the Senate Floor.
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_2021&sess=CUR&house=B&author=fuentes
AB 2690 (Krekorian) Product Liability Actions: Prescription Pharmaceuticals
CPhA Position: Neutral/Watch
AB 2690 was sent to the Assembly Floor Third Reading File.
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_2690&sess=CUR&house=B&author=krekorian
SB 1096 (Calderon) Medical Information
CPhA Position: Neutral/Watch
SB 1096 was sent to the Senate Floor Third Reading File.
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=sb_1096&sess=CUR&house=B&author=calderon
SB 1198 (Kuehl) Health Care Coverage: Durable Medical Equipment
CPhA Position: Neutral/Watch
SB 1198 passed the Senate Floor.
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=sb_1198&sess=CUR&house=B&author=kuehl
SB 1307 (Ridley-Thomas) Pharmacy: Pedigree
CPhA Position: Support if Amended
SB 1307 was sent to the Senate Floor Third Reading File.
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=sb_1307&sess=CUR&house=B&author=ridley-thomas
SB 1270 (Cedillo) Pharmacy: Electronic Pedigree Task Force
CPhA Position: Neutral/Watch
SB 1270 was sent to the Senate Floor Third Reading File.
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=sb_1270&sess=CUR&house=B&author=cedillo
SB 1406 (Correa) Optometry
CPhA Position: Neutral/Watch
SB 1406 was sent to the Senate Floor Third Reading File.
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=sb_1406&sess=CUR&house=B&author=correa
AB 2119 (Galgiani) Corrections: Durable Medical Equipment
CPhA Position: Neutral/Watch
AB 2119 was referred to the Assembly Appropriations Suspense File.
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_2119&sess=CUR&house=B&author=galgiani
AB 2535 (Hernandez) Medi-Cal: Prescription Drugs
CPhA Position: Support
AB 2535 was referred to the Assembly Appropriations Suspense File.
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_2535&sess=CUR&house=B&author=hernandez
AB 2679 (Ruskin) Solid Waste: Enforcement: Local Agencies
CPhA Position: Neutral/Watch
AB 2679 passed the Assembly Appropriations Committee.
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_2679&sess=CUR&house=B&author=nunez
AB 2756 (Duvall) Pharmacists: Furnishing Drugs During Emergency
CPhA Position: Support
AB 2756 passed the Assembly Appropriations Committee.
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_2756&sess=CUR&house=B&author=duvall
AB 2847 (Krekorian) Health Care: Coverage
CPhA Position: Neutral/Watch
AB 2847 was referred to the Assembly Appropriations Suspense File.
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_2847&sess=CUR&house=B&author=krekorian
AB 30 (Evans) Health Care Coverage: Inborn Errors of Metabolism
CPhA Position: Neutral/Watch
AB 30 passed the Senate Health Committee and was referred to the Senate Appropriations Committee.
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_30&sess=CUR&house=B&author=evans
AB 2079 (Emmerson) Food
CPhA Position: Neutral/Watch
AB 2079 passed the Senate Health Committee and was referred to the Senate Appropriations Committee.
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_2079&sess=CUR&house=B&author=emmerson