California 2011-2012 Regular Session Status: Enacted

AB 415 — Healing arts: telehealth.

Last action — Chaptered by Secretary of State - Chapter 547, Statutes of 2011.

  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

Likely to advance 78% · 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.

  • 5 sponsors

    1 primary, 4 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 9 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

(1) Existing law provides for the licensure and regulation of various healing arts professions by various boards within the Department of Consumer Affairs. A violation of specified provisions is a crime. Existing law defines telemedicine, for the purpose of its regulation, to mean the practice of health care delivery, diagnosis, consultation, treatment, transfer of medical data, and education using interactive audio, video, or data communications. Existing law requires a health care practitioner, as defined, to obtain verbal and written informed consent from the patient or the patient's legal representative before telemedicine is delivered. Existing law also imposes various requirements with regard to the provision of telemedicine by health care service plans, health insurers, or under the Medi-Cal program, including a prohibition on requiring face-to-face contact between a health care provider and a patient for services appropriately provided through telemedicine, subject to certain contracts or policies. Existing federal regulations, for the purposes of participation in the Medicare and Medicaid programs, authorize the governing body of a hospital whose patients are receiving telemedicine services to grant privileges based on its medical staff recommendations that rely on information provided by the distant-site hospital. Existing state regulations require medical staff, appointed by the governing body of a hospital, to adopt procedures for the evaluation of staff applications for credentials and privileges. Existing law provides that health care service plans and health insurers shall not be required to pay for consultations provided by telephone or facsimile machines. Existing law provides that a willful violation of the provisions governing health care service plans is a crime. This bill would delete the provisions of state law regarding telemedicine as described above, and would instead set forth provisions relating to telehealth, as defined. This bill would require a health care provider, as defined, prior to the delivery of health care via telehealth, to verbally inform the patient that telehealth may be used and obtain verbal consent from the patient. This bill would provide that failure to comply with this provision constitutes unprofessional conduct. This bill would, subject to contract terms and conditions, also preclude health care service plans and health insurers from imposing prior to payment, certain requirements regarding the manner of service delivery. This bill would establish procedures for granting privileges to, and verifying and approving credentials for, providers of telehealth services. By changing the definition of a crime applicable to health care service plans, the bill would impose a state-mandated local program. (2) Existing law prohibits a requirement of face-to-face contact between a health care provider and a patient under the Medi-Cal program for services appropriately provided through telemedicine, subject to reimbursement policies developed by the Medi-Cal program to compensate licensed health care providers who provide health care services, that are otherwise covered by the Medi-Cal program, through telemedicine. This bill would, instead, prohibit a requirement of in-person contact between a health care provider and patient under the Medi-Cal program for any service otherwise covered by the Medi-Cal program when the service is appropriately provided by telehealth, as defined, and would make related changes. (3) Existing law, until January 1, 2013, and to the extent that federal financial participation is available, authorizes, under the Medi-Cal program, teleophthalmology and teledermatology by store and forward, as defined. This bill would delete the repeal of the above-described authorization. (4) 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 547, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 12:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3074.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 35. Noes 0. Page 2355.).

  7. Read second time. Ordered to third reading.

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

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 9. Noes 0.) (August 25).

  11. In committee: Referred to APPR. suspense file.

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

  13. Read second time and amended. Re-referred to Com. on APPR.

  14. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (July 6).

  15. From committee: Do pass and re-refer to Com. on B., P. & E.D. (Ayes 8. Noes 0.) (June 29). Re-referred to Com. on B., P. & E.D.

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

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

  18. Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1723.)

  19. Read second time. Ordered to third reading.

  20. Read second time and amended. Ordered to second reading.

  21. From committee: Do pass as amended. (Ayes 17. Noes 0.) (May 27).

  22. In committee: Set, first hearing. Referred to APPR. suspense file.

  23. Re-referred to Com. on APPR.

  24. Read second time and amended.

  25. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 16. Noes 0.) (May 3).

  26. Re-referred to Com. on HEALTH.

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

  28. Re-referred to Com. on HEALTH.

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

  30. Referred to Com. on HEALTH.

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

  32. Read first time. To print.

Sponsors

  • V. Manuel Pérez · Cosponsor
  • Chesbro · Cosponsor
  • Galgiani · Cosponsor
  • Logue · Primary
  • Pan · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 4 co-sponsors · 117 not signed on

Sponsors (1)

  • Logue

Co-sponsors (4)

Not signed on (117)

117 members have not signed on to this bill.

Show all 117 →

"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 415 LOGUE Concurrence in Senate Amendments

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 76001
Republican 2000
Democratic 1000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Gordon — Yea
Butler — Yea
Garrick — Yea
Hagman — Yea
Huber — Yea
Jeffries — Yea
Knight — Yea
John A. Pérez — Yea
Mitchell — Yea
Miller — Yea
Atkins — Yea
Pan — Yea
Portantino — Yea
Bradford — Yea
Cedillo — Yea
Chesbro — Yea
Skinner — Yea
Valadao — Yea
Wagner — Yea
Feuer — Yea
Furutani — Yea
Campos — Yea
Halderman — Yea
Hall — Yea
Harkey — Yea
Conway — Yea
Allen — Yea
Huffman — Yea
Davis — Yea
Mendoza — Yea
Nestande — Yea
Nielsen — Yea
Norby — Yea
Olsen — Yea
Silva — Yea
Solorio — Yea
Torres — Yea
Williams — Yea
Bonilla — Yea
Fong — Yea
Fletcher — Yea
Galgiani — Yea
Gorell — Not Voting
Beall — Yea
Block — Yea
Lara — Yea
Ma — Yea
Monning — Yea
Morrell — Yea
Achadjian — Yea
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hill — Yea
Hueso — Yea
Logue — Yea
Mansoor — Yea
Perea — Yea
Smyth — Yea
Swanson — Yea
Wieckowski — Yea
Carter — Yea
Cook — Yea
Eng — Yea
Dickinson — Yea
Donnelly — Yea
Fuentes — Yea
Gatto — Yea
Yamada — 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 →

3rd Reading AB415 Logue By Hernandez

Passed 35 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 32005
Republican 1000
Democratic 2000
Total 35005
% of votes cast 88%0%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Cannella — Yea
Fuller — Yea
Runner — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Hancock — Yea
Rubio — Yea
Huff — Yea
Corbett — Yea
Anderson — Yea
Blakeslee — Yea
Dutton — Yea
Kehoe — Yea
Leno — Not Voting
Lieu — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Wolk — Yea
Wright — Not Voting
Alquist — Yea
Harman — Not Voting
Hernandez — Yea
Liu — Not Voting
Simitian — Yea
Vargas — Yea
Walters — Not Voting
Emmerson — Yea
Correa — Yea
Evans — 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 →

Do pass.

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Kehoe — Yea
Runner — Yea
Lieu — Yea
Pavley — Yea
Walters — Yea
Alquist — Yea
Steinberg — Yea
Price — Yea
Emmerson — Yea

Official roll call →

Placed on Appropriations Suspense file.

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Runner — Not Voting
Pavley — Yea
Price — Yea
Alquist — Yea
Kehoe — Yea
Lieu — Yea
Steinberg — Yea
Walters — Yea
Emmerson — Yea

Official roll call →

AB 415 LOGUE Assembly Third Reading

Passed 76 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 73004
Democratic 1000
Total 76004
% of votes cast 95%0%0%5%
How each member voted (80)
Member Party Vote
Hall — Yea
Butler — Yea
Feuer — Yea
Carter — Yea
Cedillo — Yea
Fong — Yea
Cook — Yea
Olsen — Yea
Allen — Yea
Yamada — Yea
Fuentes — Yea
Galgiani — Yea
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Garrick — Not Voting
Fletcher — Yea
Gordon — Yea
Gorell — Not Voting
Hagman — Yea
Bonilla — Yea
Atkins — Yea
Halderman — Yea
Harkey — Yea
Hayashi — Yea
Block — Yea
Chesbro — Yea
Conway — Yea
Davis — Yea
Donnelly — Yea
Huber — Yea
Hueso — Yea
Jeffries — Not Voting
Knight — Yea
Lara — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Morrell — Yea
Nestande — Yea
Norby — Yea
Pan — Yea
Perea — Yea
Silva — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torres — Yea
Wagner — Yea
Wieckowski — Yea
Achadjian — Yea
Alejo — Yea
Ammiano — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Huffman — Yea
Ma — Yea
Mansoor — Yea
Monning — Yea
Nielsen — Yea
Solorio — Yea
Valadao — Yea
Williams — Yea
Eng — Yea
Dickinson — Yea
Furutani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Not Voting
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended.

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
Campos — Yea
Fuentes — Yea
Gatto — Yea
Hall — Yea
Mitchell — Yea
Harkey — Yea
Hill — Yea
Donnelly — Yea
Lara — Yea
Nielsen — Yea
Solorio — Yea
Blumenfield — Yea
Bradford — Yea
Norby — Yea
Wagner — Yea
Davis — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on Appropriations.

Passed 16 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 16003
Total 16003
% of votes cast 84%0%0%16%
How each member voted (19)
Member Party Vote
Mitchell — Yea
Bonilla — Yea
Atkins — Yea
Garrick — Yea
Gordon — Not Voting
Hayashi — Yea
Monning — Yea
Nestande — Yea
Pan — Yea
Silva — Yea
Ammiano — Yea
Logue — Yea
Mansoor — Yea
Smyth — Not Voting
Williams — Yea
Eng — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Yea

Official roll call →

Subjects

healthcare health-insurance technology
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Frequently asked questions

What does AB 415 do?
(1) Existing law provides for the licensure and regulation of various healing arts professions by various boards within the Department of Consumer Affairs. A violation of specified provisions is a crime. Existing law defines telemedicine, for the purpose of its regulation, to mean the practice of health care delivery, diagnosis, consultation, treatment, transfer of medical data, and education using interactive audio, video, or data communications. Existing law requires a health care practitioner, as defined, to obtain verbal and written informed consent from the patient or the patient's legal representative before telemedicine is delivered. Existing law also imposes various requirements with regard to the provision of telemedicine by health care service plans, health insurers, or under the Medi-Cal program, including a prohibition on requiring face-to-face contact between a health care provider and a patient for services appropriately provided through telemedicine, subject to certain contracts or policies. Existing federal regulations, for the purposes of participation in the Medicare and Medicaid programs, authorize the governing body of a hospital whose patients are receiving telemedicine services to grant privileges based on its medical staff recommendations that rely on information provided by the distant-site hospital. Existing state regulations require medical staff, appointed by the governing body of a hospital, to adopt procedures for the evaluation of staff applications for credentials and privileges. Existing law provides that health care service plans and health insurers shall not be required to pay for consultations provided by telephone or facsimile machines. Existing law provides that a willful violation of the provisions governing health care service plans is a crime. This bill would delete the provisions of state law regarding telemedicine as described above, and would instead set forth provisions relating to telehealth, as defined. This bill would require a health care provider, as defined, prior to the delivery of health care via telehealth, to verbally inform the patient that telehealth may be used and obtain verbal consent from the patient. This bill would provide that failure to comply with this provision constitutes unprofessional conduct. This bill would, subject to contract terms and conditions, also preclude health care service plans and health insurers from imposing prior to payment, certain requirements regarding the manner of service delivery. This bill would establish procedures for granting privileges to, and verifying and approving credentials for, providers of telehealth services. By changing the definition of a crime applicable to health care service plans, the bill would impose a state-mandated local program. (2) Existing law prohibits a requirement of face-to-face contact between a health care provider and a patient under the Medi-Cal program for services appropriately provided through telemedicine, subject to reimbursement policies developed by the Medi-Cal program to compensate licensed health care providers who provide health care services, that are otherwise covered by the Medi-Cal program, through telemedicine. This bill would, instead, prohibit a requirement of in-person contact between a health care provider and patient under the Medi-Cal program for any service otherwise covered by the Medi-Cal program when the service is appropriately provided by telehealth, as defined, and would make related changes. (3) Existing law, until January 1, 2013, and to the extent that federal financial participation is available, authorizes, under the Medi-Cal program, teleophthalmology and teledermatology by store and forward, as defined. This bill would delete the repeal of the above-described authorization. (4) 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 415?
AB 415 is sponsored by V. Manuel Pérez, Chesbro, Galgiani, Logue, and Pan.
What is the current status of AB 415?
This bill has been enacted into law. Introduced February 14, 2011. Enacted.
Where can I track AB 415?
Track AB 415 free on One Click Politics — get push/email alerts when it moves.

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