AB 171 — Dental services: credit.

Summary

Existing law prohibits a healing arts licensee, including physicians and surgeons, psychologists, acupuncturists, optometrists, dentists, podiatrists, and chiropractic practitioners, from referring a person for certain health care services if the licensee has a financial interest, as defined, with the person or entity that receives the referral. Existing law provides specified exemptions from this prohibition. Under existing law, a violation of the provisions governing referrals is a crime. This bill would prohibit a dentist, or an employee or agent of that dentist, from arranging for or establishing credit extended by a 3rd party for a patient without first providing a written notice and a written treatment plan, as specified, and would prohibit that arrangement or establishment of credit with regard to a patient who has been administered or is under the influence of general anesthesia, conscious sedation, or nitrous oxide. The bill would prohibit a dentist, or employee or agent of a dentist, from charging treatment not yet rendered or costs not yet incurred to an open-end credit extended by a 3rd party that is arranged for or established in the dental office without first providing the patient with specified information regarding the treatment and services to be rendered and ensuring the patient's receipt of the treatment plan. The bill would require a dentist to refund to the lender any payment received through credit extended by a third party, as specified, for treatment that has not been rendered or costs that have not been incurred within 15 business days of the patient's request. The bill would subject a person who willfully violates these provisions to specified civil liability. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program. Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. This bill would require a staff-model dental health care service plan, as defined, that arranges for or establishes credit extended by a 3rd party to establish and comply with policies and procedures that ensure compliance with the bill's provisions and to establish and comply with policies and procedures that ensure that, within 15 business days of an enrollee's request, the plan refunds to a lender any payment received through that credit for treatment that has not been rendered or costs that have not been incurred. The bill would also require a staff-model dental health care service plan that directly extends credit or establishes a payment plan to establish and comply with policies and procedures that ensure that, within 15 business days of an enrollee's request, the plan refunds to the enrollee any payment received through that credit or payment plan for treatment that has not been rendered or costs that have not been incurred. Because a willful violation of these requirements would be a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

• Chaptered 10/11/09 - Chaptered Current pdf October 11, 2009
• Enrolled 09/02/09 - Enrolled pdf September 02, 2009
• Amended 07/15/09 - Amended Senate pdf July 15, 2009
• Amended 06/30/09 - Amended Senate pdf June 30, 2009
• Amended 05/28/09 - Amended Senate pdf May 28, 2009
• Introduced 01/29/09 - Introduced pdf January 29, 2009
• AB171 View text html

Action History

1. October 11, 2009

   Chaptered by Secretary of State - Chapter 418, Statutes of 2009.

2. October 11, 2009

   Approved by the Governor.

3. September 04, 2009

   Enrolled and to the Governor at 2 p.m.

4. August 31, 2009

   Senate amendments concurred in. To enrollment. (Ayes 78. Noes 0. Page 2798.)

5. August 27, 2009

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77.

6. August 27, 2009

   Read third time, passed, and to Assembly. (Ayes 38. Noes 0. Page 1973.)

7. July 15, 2009

   Read second time, amended, and to third reading.

8. July 14, 2009

   From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and be amended.

9. June 30, 2009

   Read second time, amended, and re-referred to Com. on APPR.

10. June 29, 2009

    From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (June 23).

11. June 15, 2009

    In committee: Set, first hearing. Hearing canceled at the request of author.

12. June 08, 2009

    From committee: Do pass, and re-refer to Com. on JUD. Re-referred. (Ayes 7. Noes 0.) (June 8).

13. May 28, 2009

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D.

14. May 21, 2009

    Referred to Coms. on B., P. & E.D. and JUD.

15. May 11, 2009

    In Senate. Read first time. To Com. on RLS. for assignment.

16. May 11, 2009

    Read third time, passed, and to Senate. (Ayes 78. Noes 0. Page 1364.)

17. May 04, 2009

    Read second time. To Consent Calendar.

18. April 30, 2009

    From committee: Do pass. To Consent Calendar. (April 29).

19. April 14, 2009

    From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 10. Noes 0.) (April 14).

20. March 31, 2009

    From committee: Do pass, and re-refer to Com. on JUD. Re-referred. (Ayes 11. Noes 0.) (March 31).

21. March 04, 2009

    Referred to Coms. on B. & P. and JUD.

22. January 30, 2009

    From printer. May be heard in committee March 1.

23. January 29, 2009

    Read first time. To print.

Sponsors

• Jones · Primary

Votes

Subjects