AB 457

  • California Assembly Bill
  • 2021-2022 Regular Session
  • Introduced in Assembly
  • Passed Assembly May 27, 2021
  • Passed Senate Sep 10, 2021
  • Signed by Governor Oct 01, 2021

Protection of Patient Choice in Telehealth Provider Act.

Abstract

(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 Sponsors (3)

Votes


Actions


Oct 01, 2021

California State Legislature

Approved by the Governor.

California State Legislature

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

Sep 22, 2021

California State Legislature

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

Sep 10, 2021

Senate

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

Assembly

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

Assembly

Ordered to the unfinished business file.

Assembly

In Assembly. Concurrence in Senate amendments pending.

Sep 07, 2021

Senate

Read second time. Ordered to third reading.

Sep 03, 2021

Senate

Read third time and amended. Ordered to second reading.

Aug 26, 2021

Senate

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

Senate

Read second time. Ordered to third reading.

Jul 15, 2021

Senate

In committee: Referred to suspense file.

  • Referral-Committee
suspense file.

Jun 28, 2021

Senate

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

  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on APPR.

Jun 24, 2021

Senate

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

Jun 14, 2021

Senate

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

  • Amendment-Introduction
  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on HEALTH.

Jun 09, 2021

Senate

Referred to Com. on HEALTH.

  • Referral-Committee
Com. on HEALTH.

May 28, 2021

Senate

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

May 27, 2021

Assembly

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

May 24, 2021

Assembly

Read second time. Ordered to third reading.

May 20, 2021

Assembly

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

May 12, 2021

Assembly

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

  • Referral-Committee
APPR. suspense file. APPR

Apr 28, 2021

Assembly

Re-referred to Com. on APPR.

  • Referral-Committee
Com. on APPR.

Apr 27, 2021

Assembly

Read second time and amended.

Apr 26, 2021

Assembly

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

Apr 12, 2021

Assembly

Re-referred to Com. on HEALTH.

  • Referral-Committee
Com. on HEALTH.

Apr 08, 2021

Assembly

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

Feb 18, 2021

Assembly

Referred to Com. on HEALTH.

  • Referral-Committee
Com. on HEALTH.

Feb 09, 2021

Assembly

From printer. May be heard in committee March 11.

Feb 08, 2021

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB457 HTML
02/08/21 - Introduced PDF
04/08/21 - Amended Assembly PDF
04/27/21 - Amended Assembly PDF
06/14/21 - Amended Senate PDF
06/28/21 - Amended Senate PDF
09/03/21 - Amended Senate PDF
09/15/21 - Enrolled PDF
10/01/21 - Chaptered PDF

Related Documents

Document Format
04/16/21- Assembly Health PDF
05/10/21- Assembly Appropriations PDF
05/24/21- ASSEMBLY FLOOR ANALYSIS PDF
06/21/21- Senate Health PDF
07/13/21- Senate Appropriations PDF
08/28/21- Sen. Floor Analyses PDF
09/07/21- Sen. Floor Analyses PDF
09/10/21- ASSEMBLY FLOOR ANALYSIS PDF

Sources

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