BILL NUMBER: AB 2120	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 3, 2008

INTRODUCED BY   Assembly Member Galgiani
    (   Principal coauthor:   Senator 
 Cogdill   ) 

                        FEBRUARY 20, 2008

    An act relating to the Prison Industry Authority.
  An act to am   end Section 14132.725 of the
Welfare and Institutions Code, relating to telemedicine. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2120, as amended, Galgiani.  Prison Industry Authority.
  Medical Telemedicine.  
   Existing law, the Medical Practice Act, regulates the practice of
telemedicine, defined as the practice of health care delivery,
diagnosis, consultation, treatment, transfer of medical data, and
education using interactive audio, video, or data communications.
 
   Existing law, until January 1, 2009, authorizes under the Medi-Cal
program, to the extent that federal financial participation is
available, "teleophthalmology and teledermatology by store and
forward," as defined.  
   This bill would extend, until January 1, 2013, the repeal of the
above-described authorization.  
   Existing law establishes the Prison Industry Authority for the
purposes of developing and operating various enterprises that employ
inmates. Those enterprises are intended to be self-supporting, with
the goal of reducing costs to the Department of Corrections and
Rehabilitation.  
   This bill would state the intent of the Legislature to enact
legislation to direct the Prison Industry Authority to identify
whether, and in what manner, it fulfills its statutory purpose to
reduce the operating costs of the department, to improve its method
for identifying procurement costs to ensure that it documents the
analyses supporting each price, and to establish policies for
entering into special pricing arrangements that offer discounts to
customers. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 14132.725 of the  
Welfare and Institutions Code   is amended to read: 
   14132.725.  (a) Commencing July 1, 2006, to the extent that
federal financial participation is available, face-to-face contact
between a health care provider and a patient shall not be required
under the Medi-Cal program for teleophthalmology and teledermatology
by store and forward. Services appropriately provided through this
store and forward process are subject to billing and reimbursement
policies developed by the department.
   (b) For purposes of this section, "teleophthalmology and
teledermatology by store and forward" means an asynchronous
transmission of medical information to be reviewed at a later time by
a physician at a distant site who is trained in ophthalmology or
dermatology, where the physician at the distant site reviews the
medical information without the patient being present in real time. A
patient receiving teleophthalmology or teledermatology by store and
forward shall be notified of the right to receive interactive
communication with the distant specialist physician, and shall
receive an interactive communication with the distant specialist
physician, upon request. If requested, communication with the distant
specialist physician may occur either at the time of the
consultation, or within 30 days of the patient's notification of the
results of the consultation.
   (c) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department may implement, interpret, and make specific this section
by means of all county letters, provider bulletins, and similar
instructions.
   (d) On or before January 1, 2008, the department shall report to
the Legislature the number and type of services provided, and the
payments made related to the application of store and forward
telemedicine as provided, under this section as a Medi-Cal benefit.
   (e) The health care provider shall comply with the informed
consent provisions of subdivisions (c) to (g), inclusive, of, and
subdivisions (i) and (j) of, Section 2290.5 of the Business and
Professions Code when a patient receives teleophthalmology or
teledermatology by store and forward.
   (f) This section shall remain in effect only until January 1,
 2009   2013  , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1,  2009   2013  , deletes or
extends that date. 
  SECTION 1.    It is the intent of the Legislature
to enact legislation to direct the Prison Industry Authority to
identify whether, and in what manner, it fulfills its statutory
purpose to reduce the operating costs of the Department of
Corrections and Rehabilitation, to improve its method for identifying
procurement costs to ensure that it documents the analyses
supporting each price, and to establish policies for entering into
special pricing arrangements that offer discounts to customers.