Legislative Update May 12, 2008
Author: Kathy Lynch
The May revise for the State Budget is expected to be released on Wednesday or Thursday of this week. We will be providing information regarding the May revise once it is released.
Below please find an update on the bills on the CPhA Bill List which were heard last week and those which will be heard this week.
If you have any questions or comments, please contact me at klynch@cpha.com or (916) 779-1400.
Thank you very much for your continued support!
Kathy
Monday, May 12, 2008 Assembly Floor
AB 2091 (Fuentes) Workers' Compensation: Drugs and Pharmacy Services
AB 2091 authorizes the Administrative Director of the Division of Workers' Compensation to revise maximum fees for pharmacy services and drugs that would exceed the fees for pharmacy services and drugs that are prescribed in the relevant Medi-Cal payment system and the maximum fees for pharmacy services or drugs no covered by the relevant Medi-Cal payment system that would exceed 100% of the fees paid by Medi-Cal for pharmacy services or drugs that require comparable resources.
CPhA Position: Neutral/Watch
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_2091&sess=CUR&house=B&author=fuentes
AB 2021 (Fuentes) Personal Information
AB 2021 exempts from the prohibition on requesting or requiring personal information in connection with the use of a credit card, as described above, transactions for which the cardholder is not physically present, and the personal identification information is required for, and is used only for, fraud detection or prevention in connection with the transaction.
CPhA Position: Neutral/Watch
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_2021&sess=CUR&house=B&author=fuentes
AB 2690 (Krekorian) Product Liability Actions: Prescription Pharmaceuticals
AB 2690 declares that manufacturers of prescription pharmaceutical products shall not be relieved of a duty to warn consumers of the risks and side effects of solely because the product was prescribed to a patient by a physician.
CPhA Position: Neutral/Watch
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_2690&sess=CUR&house=B&author=krekorian
Monday, May 12, 2008 Senate Floor
SB 1096 (Calderon) Medical Information
SB 1096 allows a pharmacy to mail specified written communications to a patient, without the patient's authorization. SB 1096 provides that the written communication be written in the same language as the prescription label, pertain only to the prescribed course of medical treatment, may not mention any other pharmaceutical products, that a copy of each version shall be submitted to the federal Food and Drug Administration, and shall include disclosures regarding whether the pharmacy receives remuneration.
CPhA Position: Neutral/Watch
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=sb_1096&sess=CUR&house=B&author=calderon
SB 1198 (Kuehl) Health Care Coverage: Durable Medical Equipment
SB 1198 requires a health care service plan and a health insurer to offer coverage for durable medical equipment as part of their group plan contracts or group policies.
CPhA Position: Neutral/Watch
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=sb_1198&sess=CUR&house=B&author=kuehl
SB 1307 (Ridley-Thomas) Pharmacy: Pedigree
SB 1307 amends existing law which prohibits a wholesaler or pharmacy from selling or transferring a dangerous drug without a pedigree and from acquiring a dangerous drug without receiving a pedigree. SB 1307 requires a pedigree include a unique identification number and requires the use of federal identifiers under certain conditions. SB 1307 authorizes the above entities that are in possession of dangerous drugs prior to the date of the pedigree requirements to designate them as not subject with a written declaration.
CPhA Position: Support if Amended
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=sb_1307&sess=CUR&house=B&author=ridley-thomas
Monday, May 12, 2008 Senate Appropriations Committee
SB 1270 (Cedillo) Pharmacy: Electronic Pedigree Task Force
SB 1270 would require the board to establish the Electronic Pedigree Task Force, with a specified membership, and would require the staff of the board to support the needs of the task force. SB 1270 would impose specified duties on the task force, including the duty to submit an annual report regarding task force findings to the board and specified legislative committees.
CPhA Position: Neutral/Watch
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=sb_1270&sess=CUR&house=B&author=cedillo
SB 1406 (Correa) Optometry
SB 1406 provides that an optometrist who is certified to use therapeutic pharmaceutical agents may diagnose and treat the human eye or eyes, or any part of the visual system, for any of the conditions that he or she is trained and authorized by the State Board of Optometry by certification to diagnose and treat. SB 1406 includes minor surgical procedures not requiring general anesthesia.
CPhA Position: Neutral/Watch
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=sb_1406&sess=CUR&house=B&author=correa
Wednesday, May 14, 2008 Assembly Appropriations Committee
AB 2119 (Galgiani) Corrections: Durable Medical Equipment
AB 2119 requires the Department of Corrections and Rehabilitation to establish a list of covered services and maximum allowable reimbursement rates for durable medical equipment used for inmate medical care. AB 2119 provides reimbursement for these items of equipment shall be the lesser of specified amounts and requires a capped rental reimbursement. AB 2119 authorizes the Department to require providers of durable medical equipment to appeal Medicare denials for dually eligible beneficiaries as a condition of Medi-Cal payment.
CPhA Position: Neutral/Watch
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_2119&sess=CUR&house=B&author=galgiani
AB 2535 (Hernandez) Medi-Cal: Prescription Drugs
AB 2535 relates to the method by which a professional fee under the reimbursement by the Medi-Cal program to pharmacy providers is calculated. AB 2535 relates to the professional fee for legend or nonlegend drugs dispensed to a beneficiary residing in specified types of facilities. AB 2535 relates to the price markup by pharmacies under the Medi-Cal program and to updating the acquisition cost of drugs in the claims processing system.
CPhA Position: Support
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_2535&sess=CUR&house=B&author=hernandez
AB 2679 (Ruskin) Solid Waste: Enforcement: Local Agencies
AB 2679 amends the Integrated Waste Management Act of 1989 and authorizes the state Integrated Waste Management Board to take any enforcement action that a local enforcement agency may take under the act. AB 2679 authorizes a local agency to include the prevention of the illegal disposal of solid waste and its abatement to make the public aware regarding such disposal and prohibits the disposing or accepting of solid waste accept at a permitted facility.
CPhA Position: Neutral/Watch
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_2679&sess=CUR&house=B&author=nunez
AB 2756 (Duvall) Pharmacists: Furnishing Drugs During Emergency
AB 2756 authorizes a pharmacist to furnish dangerous drugs or devices in reasonable quantities without a prescription during a natural disaster to further the health and safety of the public. AB 2756 authorizes the State Board of Pharmacy, during a natural disaster, to waive application of any provisions of the Pharmacy Law or the regulations adopted there under if the waiver would aid in the protection of the public health or the provision of patient care.
CPhA Position: Support
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_2756&sess=CUR&house=B&author=duvall
AB 2847 (Krekorian) Health Care: Coverage
AB 2847 amends Knox-Keene Health Care Service Plan Act and requires a plan or insurer to disprove medical necessity during any grievance or medical review process. AB 2847 allows a treating provider to directly appeal denial of enrollee or insured health care services to Department of Managed Health Care or Department of Insurance.
CPhA Position: Neutral/Watch
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_2847&sess=CUR&house=B&author=krekorian
Wednesday, May 14, 2008 Senate Health Committee
AB 30 (Evans) Health Care Coverage: Inborn Errors of Metabolism
AB 30 extends an existing coverage requirement established by the Knox-Keene Health Care Service Plan Act of 1975 for the testing and treatment of phenylketonuria by health care service plans and insurers to include testing and treatment of specified inborn errors of metabolism.
CPhA Position: Neutral/Watch
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_30&sess=CUR&house=B&author=evans
AB 2079 (Emmerson) Food
AB 2079 deems food to be misbranded if its labeling does not conform with requirements for allergen labeling set forth in the federal Food, Drug and Cosmetic Act. Repeals provision of the Sherman Food, Drug, and Cosmetic Law which relate to the regulation of the packaging, manufacture, or distribution of olive oil.
CPhA Position: Neutral/Watch
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_2079&sess=CUR&house=B&author=emmerson
Update on Bills Heard Last Week
SB 1702 (Machado) Medi-Cal
CPhA Position: Neutral/Watch
SB 1702 was placed in the Senate Suspense File.
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=sb_1702&sess=CUR&house=B&author=machado
AB 2091 (Fuentes) Workers' Compensation: Drugs and Pharmacy Services
CPhA Position: Neutral/Watch
AB 2091 was read a second time and sent back to the Assembly Floor for a third reading.
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_2091&sess=CUR&house=B&author=fuentes
SB 1198 (Kuehl) Health Care Coverage: Durable Medical Equipment
CPhA Position: Neutral/Watch
SB 1198 was read a second time and sent back to the Senate Floor for a third reading.
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=sb_1198&sess=CUR&house=B&author=kuehl
SB 1096 (Calderon) Medical Information
CPhA Position: Neutral/Watch
SB 1096 was read a second time and sent back to the Senate Floor for a third reading.
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=sb_1096&sess=CUR&house=B&author=calderon
AB 2425 (Coto) Public Health: Water Quality: Pharmaceuticals
CPhA Position: Neutral/Watch
AB 2425 was placed in the Assembly Suspense File.
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_2425&sess=CUR&house=B&author=coto
AB 2847 (Krekorian) Health Care: Coverage
CPhA Position: Neutral/Watch
AB 2847 hearing was cancelled and will be heard on May 14, 2008.
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_2847&sess=CUR&house=B&author=krekorian