SB 487 — Abortion: provider protections.

Summary

Existing law declares another state's law authorizing a civil action against a person or entity that receives or seeks, performs or induces, or aids or abets the performance of an abortion, or who attempts or intends to engage in those actions, to be contrary to the public policy of this state, and prohibits the application of that law to a controversy in state court and the enforcement or satisfaction of a civil judgment received under that law. This bill would specifically include within these provisions, in addition to abortion performers, abortion providers. 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 also provides for the regulation of health insurers by the Department of Insurance. The bill would also prohibit a contract issued, amended, or renewed on or after January 1, 2024, between a health care service plan or health insurer and a health care services provider from containing any term that would result in termination or nonrenewal of the contract or otherwise penalize the provider based on a civil judgment, criminal conviction, or another professional disciplinary action in another state if the judgment, conviction, or professional disciplinary action is solely based on the application of another state's law that interferes with a person's right to receive care that would be lawful if provided in California. The bill would also prohibit a health care service plan or health insurer from discriminating against a licensed provider solely on the basis of a civil judgment, criminal conviction, or another professional disciplinary action in another state if the judgment, conviction, or professional disciplinary action is solely based on the application of another state's law that interferes with a person's right to receive care that would be lawful if provided in California. Because a willful violation of these provisions by a health care service plan would be a crime, the bill would impose a state-mandated local program. Existing law requires that the State Department of Public Health automatically suspend as a Medi-Cal provider any individual or entity that has a license, certificate, or other approval to provide health care that is revoked or suspended by a federal, California, or another state's licensing, certification, or approval authority, has otherwise lost that license, certificate, or approval, or has surrendered that license, certificate, or approval while a disciplinary hearing was pending. The bill would also authorize the department, subject to obtaining necessary federal approvals and the availability of federal financial participation under Medi-Cal, to elect to not suspend an individual or entity as a provider in the Medi-Cal program if the revocation, suspension, or loss of the individual or entity's license, certification, or approval authority in another state or the pending disciplinary hearing during which the individual or entity surrendered the license, certification, or approval authority in another state is based solely on conduct that is not deemed to be unprofessional conduct under California law. The bill would also require the department to seek any necessary federal approvals to implement these provisions. Under existing law, the Director of Health Care Services is authorized, for purposes of administering the Medi-Cal program, to suspend a provider of service from further participation under the program for specified reasons, including conviction of any felony or any misdemeanor involving fraud, abuse of the Medi-Cal program or any patient, or otherwise substantially related to the qualifications, functions, or duties of a provider of service. Existing law requires the director, upon receipt of written notification from the Secretary of the United States Department of Health and Human Services that a physician or other individual practitioner has been suspended from participation in the Medicare or Medicaid programs, to promptly suspend the practitioner from participation in the Medi-Cal program. Existing law also requires the Director of Health Care Services to notify the administrative director of a suspension of a physician from participation in the Medi-Cal program imposed pursuant to provisions authorizing the director to suspend a provider of service from participation. This bill would authorize the director, subject to obtaining necessary federal approvals and the availability of federal financial participation under Medi-Cal, to request a waiver under federal law, as permitted, if the provider's suspension from participating in the Medicare or Medicaid program was based solely on conduct that is not deemed to be unprofessional conduct under California law. The bill would also require the department to seek any necessary federal approvals to implement these provisions. 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 09/27/23 - Chaptered Current pdf September 27, 2023
• Enrolled 09/13/23 - Enrolled pdf September 13, 2023
• Amended 09/01/23 - Amended Assembly pdf September 01, 2023
• Amended 06/22/23 - Amended Assembly pdf June 22, 2023
• Amended 04/24/23 - Amended Senate pdf April 24, 2023
• Amended 03/20/23 - Amended Senate pdf March 20, 2023
• Introduced 02/14/23 - Introduced pdf February 14, 2023
• SB487 View text html

Action History

1. September 27, 2023

   Chaptered by Secretary of State. Chapter 261, Statutes of 2023.

2. September 27, 2023

   Approved by the Governor.

3. September 15, 2023

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

4. September 11, 2023

   Assembly amendments concurred in. (Ayes 31. Noes 8. Page 2601.) Ordered to engrossing and enrolling.

5. September 07, 2023

   In Senate. Concurrence in Assembly amendments pending.

6. September 07, 2023

   Read third time. Passed. (Ayes 64. Noes 15. Page 3009.) Ordered to the Senate.

7. September 05, 2023

   Read second time. Ordered to third reading.

8. September 01, 2023

   Read second time and amended. Ordered to second reading.

9. September 01, 2023

   From committee: Do pass as amended. (Ayes 11. Noes 4.) (September 1).

10. August 23, 2023

    August 23 set for first hearing. Placed on suspense file.

11. July 11, 2023

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 3.) (July 11). Re-referred to Com. on APPR.

12. July 11, 2023

    Coauthors revised.

13. June 28, 2023

    From committee: Do pass and re-refer to Com. on JUD. (Ayes 11. Noes 4.) (June 27). Re-referred to Com. on JUD.

14. June 28, 2023

    Coauthors revised.

15. June 22, 2023

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.

16. June 01, 2023

    Referred to Coms. on HEALTH and JUD.

17. May 25, 2023

    In Assembly. Read first time. Held at Desk.

18. May 24, 2023

    Read third time. Passed. (Ayes 31. Noes 8. Page 1261.) Ordered to the Assembly.

19. May 18, 2023

    Read second time. Ordered to third reading.

20. May 18, 2023

    From committee: Do pass. (Ayes 5. Noes 2. Page 1172.) (May 18).

21. May 12, 2023

    Set for hearing May 18.

22. May 01, 2023

    May 1 hearing: Placed on APPR suspense file.

23. April 25, 2023

    Set for hearing May 1.

24. April 24, 2023

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

25. April 20, 2023

    From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 2. Page 831.) (April 19).

26. April 14, 2023

    Set for hearing April 19.

27. April 12, 2023

    Re-referred to Com. on HEALTH.

28. March 29, 2023

    From committee: Do pass and re-refer to Com. on RLS. (Ayes 8. Noes 2. Page 577.) (March 28). Re-referred to Com. on RLS.

29. March 22, 2023

    Set for hearing March 28.

30. March 20, 2023

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

31. February 22, 2023

    Referred to Com. on JUD.

32. February 15, 2023

    From printer. May be acted upon on or after March 17.

33. February 14, 2023

    Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

• Atkins · Primary
• Angelique V. Ashby · Cosponsor
• Lena A. Gonzalez · Cosponsor
• Caroline Menjivar · Cosponsor
• Cecilia M. Aguiar-Curry · Cosponsor
• Rebecca Bauer-Kahan · Cosponsor
• Marc Berman · Cosponsor
• Isaac G. Bryan · Cosponsor
• Sharon Quirk-Silva · Cosponsor
• Weber Pierson, M.D., Akilah · Cosponsor
• Wood · Cosponsor
• Damon Connolly · Cosponsor
• Ash Kalra · Cosponsor
• Susan Rubio · Cosponsor

Votes

Subjects