AB 457 — Protection of Patient Choice in Telehealth Provider Act.

Summary

(1) Existing law provides for the licensure and regulation of various healing arts professions and vocations by boards within the Department of Consumer Affairs. Under existing law, it is unlawful for healing arts licensees, except as specified, to offer, deliver, receive, or accept any rebate, refund, commission, preference, patronage dividend, discount, or other consideration, in the form of money or otherwise, as compensation or inducement for referring patients, clients, or customers to any person, subject to certain exceptions. This bill would provide that the payment or receipt of consideration for internet-based advertising, appointment booking, or any service that provides information and resources to prospective patients of licensees does not constitute a referral of a patient if the internet-based service provider does not recommend or endorse a specific licensee to a prospective patient. (2) 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. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law requires a contract issued, amended, or renewed on or after January 1, 2021, between a health care service plan or health insurer and a health care provider to require the plan or insurer to reimburse the provider for the diagnosis, consultation, or treatment of an enrollee, subscriber, insured, or policyholder appropriately delivered through telehealth services on the same basis and to the same extent as the same service through in-person diagnosis, consultation, or treatment. This bill would delete that date restriction, thereby extending the telehealth reimbursement parity requirement for all contracts between a health care service plan or a health insurer and a health care provider. The bill would provide that these provisions are severable. The bill would also enact the Protection of Patient Choice in Telehealth Provider Act, and would require a health care service plan and a health insurer to comply with specified notice and consent requirements if the plan or insurer offers a service via telehealth to an enrollee or an insured through a third-party corporate telehealth provider, as defined. For an enrollee or insured that receives specialty telehealth services for a mental or behavioral health condition, the bill would require that the enrollee or insured be given the option of continuing to receive that service with the contracting individual health professional, a contracting clinic, or a contracting health facility. The bill would exempt specified health care service plan contracts and Medi-Cal managed care plan contracts from those provisions. The bill would require the State Department of Health Care Services to consider the appropriateness of applying those requirements to the Medi-Cal program, as specified. Because a willful violation of the bill's requirements relative to health care service plans would be a crime, the bill would impose a state-mandated local program. (3) 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 10/01/21 - Chaptered Current pdf October 01, 2021
• Enrolled 09/15/21 - Enrolled pdf September 15, 2021
• Amended 09/03/21 - Amended Senate pdf September 03, 2021
• Amended 06/28/21 - Amended Senate pdf June 28, 2021
• Amended 06/14/21 - Amended Senate pdf June 14, 2021
• Amended 04/27/21 - Amended Assembly pdf April 27, 2021
• Amended 04/08/21 - Amended Assembly pdf April 08, 2021
• Introduced 02/08/21 - Introduced pdf February 08, 2021
• AB457 View text html

Action History

1. October 01, 2021

   Chaptered by Secretary of State - Chapter 439, Statutes of 2021.

2. October 01, 2021

   Approved by the Governor.

3. September 22, 2021

   Enrolled and presented to the Governor at 2 p.m.

4. September 10, 2021

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 0. Page 3149.).

5. September 10, 2021

   In Assembly. Concurrence in Senate amendments pending.

6. September 10, 2021

   Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 2606.).

7. September 07, 2021

   Read second time. Ordered to third reading.

8. September 03, 2021

   Read third time and amended. Ordered to second reading.

9. August 26, 2021

   Read second time. Ordered to third reading.

10. August 26, 2021

    From committee: Do pass. (Ayes 5. Noes 2.) (August 26).

11. July 15, 2021

    In committee: Referred to suspense file.

12. June 28, 2021

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

13. June 24, 2021

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (June 23).

14. June 14, 2021

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

15. June 09, 2021

    Referred to Com. on HEALTH.

16. May 28, 2021

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

17. May 27, 2021

    Read third time. Passed. Ordered to the Senate. (Ayes 63. Noes 1. Page 1630.)

18. May 24, 2021

    Read second time. Ordered to third reading.

19. May 20, 2021

    From committee: Do pass. (Ayes 12. Noes 0.) (May 20).

20. May 12, 2021

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

21. April 28, 2021

    Re-referred to Com. on APPR.

22. April 27, 2021

    Read second time and amended.

23. April 26, 2021

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 13. Noes 0.) (April 20).

24. April 12, 2021

    Re-referred to Com. on HEALTH.

25. April 08, 2021

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

26. February 18, 2021

    Referred to Com. on HEALTH.

27. February 09, 2021

    From printer. May be heard in committee March 11.

28. February 08, 2021

    Read first time. To print.

Sponsors

• Santiago · Primary
• Robert Rivas · Cosponsor
• Henry I. Stern · Cosponsor

Votes

Subjects