California 2011-2012 Regular Session Status: Enacted

AB 378 — Workers' compensation: pharmacy products.

Last action — Chaptered by Secretary of State - Chapter 545, Statutes of 2011.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 14, 2011. Enacted.

Prognosis

Advancing 54% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Mixed recorded votes

    8 passed, 1 failed in recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries sustained in the course of employment. Existing law provides that it is unlawful for a physician to refer a person for specified medical goods or services, whether for treatment or medical-legal purposes, if the physician or his or her immediate family has a financial interest with the person or in the entity that receives the referral. A violation of this provision is a misdemeanor. This bill would add pharmacy goods, as defined, to the list of medical goods or services for which it is unlawful for a physician to refer a person under this provision, except in prescribed circumstances. By creating a new crime, this bill would impose a state-mandated local program. Existing law requires the administrative director, after public hearings, to adopt and revise periodically an official medical fee schedule that establishes reasonable maximum fees paid for medical services, other than physician services, and for other prescribed goods and services, in accordance with specified requirements. Under existing law, prior to the adoption by the administrative director of a medical fee schedule for any treatment, facility use, product, or service not covered by a Medicare payment system, the maximum reasonable fee paid cannot exceed the fee specified in the official medical fee schedule in effect on December 31, 2003. Existing law also provides that for pharmacy services and drugs not otherwise covered by a Medicare fee schedule payment for facility services, the maximum reasonable fees are 100% of fees prescribed in the relevant Medi-Cal payment system. This bill would prohibit the maximum reasonable fees paid for pharmacy services and drugs from including specified reductions in the relevant Medi-Cal payment system. This bill would require any compounded drug product, as defined, to be billed by the compounding pharmacy or dispensing physician at the ingredient level, as prescribed, and in accordance with regulations adopted by the California State Board of Pharmacy. This bill would set specified maximum reimbursement for a dangerous drug, dangerous device, or other pharmacy goods, dispensed by a physician, and would define related terms. This bill would prohibit a provision concerning physician-dispensed pharmacy goods from being superseded by any provision of the official medical fee schedule adopted by the administrative director unless the official medical fee schedule provision is expressly applicable. This bill would also require the provision adopted by the administrative director to govern if a provision concerning physician-dispensed pharmacy goods is inconsistent with the prescribed official medical fee schedule. This bill would also delete obsolete provisions relating to the adoption of a medical fee schedule for patient facility fees for burn cases. This bill would incorporate additional changes in Section 5307.1 of the Labor Code proposed by Senate Bill 923, that would become operative only if Senate Bill 923 and this bill are both chaptered and become effective on or before January 1, 2012, and this bill is chaptered last. 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

Action History

  1. Chaptered by Secretary of State - Chapter 545, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 2. Page 3203.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2446.).

  7. Senate Rule 29.3 suspended. (Page 2446.)

  8. Read second time. Ordered to third reading.

  9. Read third time and amended. Ordered to second reading.

  10. Joint Rule 61(a)(13) suspended. (Page 2395.)

  11. Pursuant to Joint Rule 33.1,

  12. Reconsideration granted. (Ayes 36. Noes 0. Page 2366.)

  13. Motion to reconsider made by Senator DeSaulnier.

  14. Read third time. Refused passage. (Ayes 15. Noes 6. Page 2365.).

  15. Read second time. Ordered to third reading.

  16. Read third time and amended. Ordered to second reading.

  17. Read second time. Ordered to third reading.

  18. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  19. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  20. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (July 6). Re-referred to Com. on APPR.

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

  22. Referred to Com. on L. & I.R.

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

  24. Read third time. Passed. Ordered to the Senate. (Ayes 72. Noes 2. Page 1650.)

  25. Read second time. Ordered to third reading.

  26. From committee: Do pass. (Ayes 17. Noes 0.) (May 27).

  27. Re-referred to Com. on APPR.

  28. Read second time and amended.

  29. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 1.) (May 3).

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

  31. From committee: Do pass and re-refer to Com. on B., P. & C.P. (Ayes 9. Noes 0.) (April 13). Re-referred to Com. on B., P. & C.P.

  32. Re-referred to Com. on INS.

  33. From committee chair, with author's amendments: Amend, and re-refer to Com. on INS. Read second time and amended.

  34. Referred to Coms. on INS. and B., P. & C.P.

  35. From printer. May be heard in committee March 17.

  36. Read first time. To print.

Sponsors

  • Solorio · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 1 voted No

Sponsors (1)

  • Solorio

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 378 SOLORIO Concurrence in Senate Amendments

Passed 77 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 74201
Democratic 1000
Republican 2000
Total 77201
% of votes cast 96%3%0%1%
How each member voted (80)
Member Party Vote
Gordon — Yea
Butler — Yea
Garrick — Yea
Hagman — Yea
Hill — Yea
John A. Pérez — Yea
Mitchell — Yea
Hueso — Yea
Atkins — Yea
Jeffries — Yea
Carter — Yea
Knight — Yea
Cedillo — Yea
Portantino — Yea
Logue — Yea
Ammiano — Yea
Cook — Yea
Donnelly — Yea
Miller — Yea
Pan — Yea
Perea — Yea
Skinner — Yea
Valadao — Yea
Yamada — Yea
Campos — Yea
Allen — Yea
Feuer — Yea
Fuentes — Yea
Bonilla — Yea
Furutani — Yea
Fong — Yea
Fletcher — Yea
Galgiani — Yea
Gatto — Yea
Gorell — Not Voting
Halderman — Nay
Hall — Yea
Beall — Yea
Block — Yea
Conway — Yea
Hayashi — Yea
Huffman — Yea
Lara — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Nielsen — Yea
Norby — Yea
Olsen — Yea
Smyth — Yea
Solorio — Yea
Torres — Nay
Williams — Yea
Achadjian — Yea
Alejo — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huber — Yea
Ma — Yea
Mansoor — Yea
Mendoza — Yea
Silva — Yea
Swanson — Yea
Wagner — Yea
Wieckowski — Yea
Chesbro — Yea
Eng — Yea
Davis — Yea
Dickinson — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

2nd Reading AB378 Solorio By DeSaulnier

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 35002
Republican 1000
Democratic 2000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Evans — Yea
Runner — Yea
Lowenthal — Yea
De León — Yea
Hancock — Yea
Rubio — Yea
Harman — Yea
Cannella — Yea
Negrete McLeod — Not Voting
Huff — Yea
Kehoe — Yea
Alquist — Yea
Blakeslee — Yea
Dutton — Yea
Leno — Yea
Lieu — Yea
Pavley — Yea
Simitian — Yea
Vargas — Yea
Walters — Yea
Wolk — Yea
Anderson — Yea
Hernandez — Yea
Liu — Yea
Price — Not Voting
Steinberg — Yea
Wright — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

3rd Reading AB378 Solorio By DeSaulnier

Failed 15 Yea · 6 Nay · 19 Other
Party YeaNayPresentNot Voting
Unaffiliated 145018
Democratic 1100
Republican 0001
Total 156019
% of votes cast 38%15%0%48%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Nay
Evans — Yea
Cannella — Not Voting
Lowenthal — Yea
Hancock — Yea
Corbett — Yea
De León — Yea
Negrete McLeod — Nay
Rubio — Nay
Hernandez — Not Voting
Huff — Not Voting
Runner — Not Voting
Kehoe — Yea
Dutton — Nay
Leno — Not Voting
Lieu — Not Voting
Liu — Not Voting
Pavley — Yea
Price — Not Voting
Simitian — Yea
Vargas — Yea
Walters — Not Voting
Wolk — Yea
Alquist — Yea
Anderson — Nay
Blakeslee — Not Voting
Harman — Not Voting
Steinberg — Yea
Wright — Not Voting
Emmerson — Not Voting
Correa — Not Voting
DeSaulnier — Yea
Fuller — Not Voting
Beth Gaines — Not Voting
Bill Berryhill — Not Voting
La Malfa — Not Voting
Calderon, Lisa Democratic Nay
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

3rd Reading AB378 Solorio By DeSaulnier Reconsider

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 33004
Republican 1000
Democratic 2000
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Hancock — Yea
Runner — Yea
Blakeslee — Yea
Huff — Yea
Lieu — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Evans — Yea
Cannella — Yea
Fuller — Yea
Dutton — Yea
Leno — Not Voting
Pavley — Not Voting
Price — Yea
Simitian — Yea
Vargas — Yea
Walters — Not Voting
Wright — Not Voting
Alquist — Yea
Anderson — Yea
Harman — Yea
Hernandez — Yea
Kehoe — Yea
Liu — Yea
Steinberg — Yea
Wolk — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 378 SOLORIO Assembly Third Reading

Passed 72 Yea · 2 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 70205
Republican 2000
Democratic 0001
Total 72206
% of votes cast 90%3%0%8%
How each member voted (80)
Member Party Vote
Gordon — Yea
Portantino — Yea
Butler — Yea
Feuer — Yea
Fuentes — Yea
Carter — Yea
Garrick — Yea
Gatto — Yea
Cedillo — Yea
Hagman — Yea
Fong — Yea
Allen — Yea
Huber — Yea
Huffman — Yea
Alejo — Yea
Conway — Yea
Logue — Yea
Skinner — Yea
Smyth — Yea
Wagner — Yea
Williams — Yea
Yamada — Yea
John A. Pérez — Yea
Mitchell — Yea
Galgiani — Yea
Fletcher — Yea
Campos — Yea
Gorell — Not Voting
Bonilla — Yea
Atkins — Yea
Halderman — Nay
Hall — Yea
Harkey — Yea
Hayashi — Yea
Chesbro — Yea
Beall — Yea
Hueso — Yea
Block — Yea
Cook — Not Voting
Donnelly — Yea
Jeffries — Yea
Knight — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Norby — Yea
Olsen — Not Voting
Pan — Nay
Silva — Yea
Solorio — Yea
Valadao — Yea
Wieckowski — Yea
Achadjian — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Lara — Yea
Ma — Yea
Mansoor — Yea
Mendoza — Yea
Morrell — Yea
Nielsen — Yea
Perea — Yea
Swanson — Yea
Torres — Not Voting
Eng — Yea
Davis — Yea
Dickinson — Yea
Furutani — Yea
Beth Gaines — Not Voting
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Not Voting
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Gatto — Yea
Hill — Yea
Davis — Yea
Mitchell — Yea
Hall — Yea
Campos — Yea
Norby — Yea
Donnelly — Yea
Blumenfield — Yea
Bradford — Yea
Harkey — Yea
Lara — Yea
Nielsen — Yea
Solorio — Yea
Wagner — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass and be re-referred to the Committee on Business, Professions and Consumer Protection.

Passed 9 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 0001
Democratic 1000
Unaffiliated 8002
Total 9003
% of votes cast 75%0%0%25%
How each member voted (12)
Member Party Vote
Hagman — Yea
Miller — Yea
Skinner — Yea
Solorio — Yea
Hayashi — Yea
Olsen — Not Voting
Torres — Not Voting
Wieckowski — Yea
Carter — Yea
Feuer — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Not Voting

Official roll call →

Subjects

healthcare labor health-insurance
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Frequently asked questions

What does AB 378 do?
Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries sustained in the course of employment. Existing law provides that it is unlawful for a physician to refer a person for specified medical goods or services, whether for treatment or medical-legal purposes, if the physician or his or her immediate family has a financial interest with the person or in the entity that receives the referral. A violation of this provision is a misdemeanor. This bill would add pharmacy goods, as defined, to the list of medical goods or services for which it is unlawful for a physician to refer a person under this provision, except in prescribed circumstances. By creating a new crime, this bill would impose a state-mandated local program. Existing law requires the administrative director, after public hearings, to adopt and revise periodically an official medical fee schedule that establishes reasonable maximum fees paid for medical services, other than physician services, and for other prescribed goods and services, in accordance with specified requirements. Under existing law, prior to the adoption by the administrative director of a medical fee schedule for any treatment, facility use, product, or service not covered by a Medicare payment system, the maximum reasonable fee paid cannot exceed the fee specified in the official medical fee schedule in effect on December 31, 2003. Existing law also provides that for pharmacy services and drugs not otherwise covered by a Medicare fee schedule payment for facility services, the maximum reasonable fees are 100% of fees prescribed in the relevant Medi-Cal payment system. This bill would prohibit the maximum reasonable fees paid for pharmacy services and drugs from including specified reductions in the relevant Medi-Cal payment system. This bill would require any compounded drug product, as defined, to be billed by the compounding pharmacy or dispensing physician at the ingredient level, as prescribed, and in accordance with regulations adopted by the California State Board of Pharmacy. This bill would set specified maximum reimbursement for a dangerous drug, dangerous device, or other pharmacy goods, dispensed by a physician, and would define related terms. This bill would prohibit a provision concerning physician-dispensed pharmacy goods from being superseded by any provision of the official medical fee schedule adopted by the administrative director unless the official medical fee schedule provision is expressly applicable. This bill would also require the provision adopted by the administrative director to govern if a provision concerning physician-dispensed pharmacy goods is inconsistent with the prescribed official medical fee schedule. This bill would also delete obsolete provisions relating to the adoption of a medical fee schedule for patient facility fees for burn cases. This bill would incorporate additional changes in Section 5307.1 of the Labor Code proposed by Senate Bill 923, that would become operative only if Senate Bill 923 and this bill are both chaptered and become effective on or before January 1, 2012, and this bill is chaptered last. 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.
Who sponsors AB 378?
AB 378 is sponsored by Solorio.
What is the current status of AB 378?
This bill has been enacted into law. Introduced February 14, 2011. Enacted.
Where can I track AB 378?
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