California 2011-2012 Regular Session Status: Passed Assembly

AB 778 — Health care service plans: vision care.

Last action — In committee: Set, final hearing. Hearing canceled at the request of author.

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

This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law, the Knox-Keene Health Care Service Plan Act of 1975 (Knox-Keene Act) , provides for the regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law provides that health care service plans shall not be deemed to be engaged in the practice of a profession, and may employ, or contract with, any licensed health care professional to deliver professional services, and may directly own, and may directly operate through its professional employees or contracted licensed professionals, offices and subsidiary corporations. Existing law provides that those professionals may not own or control offices or branch offices unless otherwise expressly authorized. This bill would authorize a registered dispensing optician, an optical company, a manufacturer or distributor of optical goods, or a nonoptometric corporation to own a specialized health care service plan that provides or arranges for the provision of vision care services, share profits with the specialized health care service plan, contract for specified business services with the specialized health care service plan, and jointly advertise vision care services with the specialized health care service plan. The bill would prohibit those persons or entities from engaging in conduct that would influence or interfere with the clinical decisions of an optometrist, as specified, and would set forth provisions that apply to medical records. Because a willful violation of these provisions would be a crime under the Knox-Keene Act, the bill would impose a state-mandated local program. Existing law requires the Department of Managed Health Care to conduct periodic onsite medical surveys of the health delivery system of each health care service plan. Survey results are publicly reported and subject to public inspection. Existing law requires the Director of the Department of Managed Health Care to notify a health care service plan of any deficiencies found by a survey. This bill would require the director to provide to a health care service plan and to the executive officer of the State Board of Optometry or the Medical Board of California a copy of information relating to the quality of care of any licensed optometrist or optician contained in any survey report that, in the judgment of the director, indicates incompetent or negligent treatment, as specified. 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. In committee: Set, final hearing. Hearing canceled at the request of author.

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

  3. 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.

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

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

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

  7. Read third time. Passed. Ordered to the Senate. (Ayes 55. Noes 5. Page 1554.)

  8. Read second time. Ordered to third reading.

  9. From committee: Do pass. (Ayes 15. Noes 0.) (May 11).

  10. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (May 3). Re-referred to Com. on APPR.

  11. Re-referred to Com. on B., P. & C.P.

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

  13. From committee: Do pass and re-refer to Com. on B., P. & C.P. (Ayes 14. Noes 1.) (April 26). Re-referred to Com. on B., P. & C.P.

  14. Re-referred to Com. on HEALTH.

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

  16. Re-referred to Com. on HEALTH.

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

  18. Referred to Coms. on HEALTH and B., P. & C.P.

  19. From printer. May be heard in committee March 20.

  20. Read first time. To print.

Sponsors

  • Atkins · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

  • Atkins

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 778 ATKINS Assembly Third Reading

Passed 55 Yea · 5 Nay · 20 Other
Party YeaNayPresentNot Voting
Unaffiliated 535019
Republican 1001
Democratic 1000
Total 555020
% of votes cast 69%6%0%25%
How each member voted (80)
Member Party Vote
Gordon — Not Voting
Hagman — Yea
Yamada — Yea
Fuentes — Yea
Furutani — Yea
Garrick — Yea
Gatto — Yea
Campos — Yea
Allen — Yea
Hall — Yea
Harkey — Nay
Hayashi — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Hill — Yea
Bonilla — Yea
Atkins — Yea
Hueso — Yea
Huffman — Yea
Blumenfield — Yea
Carter — Yea
Chesbro — Yea
Cook — Yea
Jeffries — Yea
Lara — Yea
Ma — Yea
Monning — Yea
Morrell — Yea
Nielsen — Yea
Norby — Yea
Pan — Yea
Perea — Yea
Skinner — Yea
Smyth — Yea
Solorio — Yea
Torres — Yea
Valadao — Yea
Wieckowski — Yea
Williams — Yea
Fong — Not Voting
Portantino — Not Voting
Butler — Not Voting
Gorell — Not Voting
Halderman — Not Voting
Logue — Not Voting
Mendoza — Not Voting
Cedillo — Not Voting
Beall — Not Voting
Block — Not Voting
Conway — Not Voting
Davis — Not Voting
Achadjian — Yea
Alejo — Not Voting
Ammiano — Yea
Bradford — Yea
Brownley — Not Voting
Buchanan — Yea
Huber — Yea
Knight — Yea
Mansoor — Not Voting
Miller — Yea
Nestande — Nay
Olsen — Yea
Silva — Yea
Swanson — Yea
Wagner — Nay
Eng — Not Voting
Feuer — Yea
Dickinson — Not Voting
Donnelly — Yea
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Not Voting
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass.

Passed 15 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 14002
Democratic 1000
Total 15002
% of votes cast 88%0%0%12%
How each member voted (17)
Member Party Vote
Campos — Yea
Mitchell — Yea
Hall — Yea
Harkey — Yea
Hill — Yea
Donnelly — Not Voting
Lara — Yea
Nielsen — Yea
Norby — Yea
Solorio — Yea
Wagner — Yea
Blumenfield — Yea
Bradford — Yea
Davis — Not Voting
Fuentes — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

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

Passed 14 Yea · 1 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 14104
Total 14104
% of votes cast 74%5%0%21%
How each member voted (19)
Member Party Vote
Bonilla — Yea
Atkins — Yea
Mitchell — Yea
Eng — Not Voting
Gordon — Not Voting
Hayashi — Yea
Ammiano — Yea
Monning — Yea
Nestande — Nay
Silva — Yea
Smyth — Not Voting
Williams — Yea
Logue — Not Voting
Mansoor — Yea
Pan — Yea
Garrick — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea

Official roll call →

Subjects

healthcare health-insurance
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Frequently asked questions

What does AB 778 do?
Existing law, the Knox-Keene Health Care Service Plan Act of 1975 (Knox-Keene Act) , provides for the regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law provides that health care service plans shall not be deemed to be engaged in the practice of a profession, and may employ, or contract with, any licensed health care professional to deliver professional services, and may directly own, and may directly operate through its professional employees or contracted licensed professionals, offices and subsidiary corporations. Existing law provides that those professionals may not own or control offices or branch offices unless otherwise expressly authorized. This bill would authorize a registered dispensing optician, an optical company, a manufacturer or distributor of optical goods, or a nonoptometric corporation to own a specialized health care service plan that provides or arranges for the provision of vision care services, share profits with the specialized health care service plan, contract for specified business services with the specialized health care service plan, and jointly advertise vision care services with the specialized health care service plan. The bill would prohibit those persons or entities from engaging in conduct that would influence or interfere with the clinical decisions of an optometrist, as specified, and would set forth provisions that apply to medical records. Because a willful violation of these provisions would be a crime under the Knox-Keene Act, the bill would impose a state-mandated local program. Existing law requires the Department of Managed Health Care to conduct periodic onsite medical surveys of the health delivery system of each health care service plan. Survey results are publicly reported and subject to public inspection. Existing law requires the Director of the Department of Managed Health Care to notify a health care service plan of any deficiencies found by a survey. This bill would require the director to provide to a health care service plan and to the executive officer of the State Board of Optometry or the Medical Board of California a copy of information relating to the quality of care of any licensed optometrist or optician contained in any survey report that, in the judgment of the director, indicates incompetent or negligent treatment, as specified. 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 778?
AB 778 is sponsored by Atkins.
What is the current status of AB 778?
This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 778?
Track AB 778 free on One Click Politics — get push/email alerts when it moves.

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