Newsom Takes Final Actions on Measures, Concludes 2019 Legislative Year
Governor Gavin Newsom on Sunday met the deadline for the governor to sign or veto bills passed by the Legislature on or before September 13, officially concluding the 2019 legislative year. In total, over 2,600 measures were introduced by the Senate and Assembly. Of those introduced, 870 bills were signed into law and 172 bills were vetoed. This year was marked by a number of big-ticket items, including health coverage expansions, homelessness and housing, clean water and environmental protections, labor, and education.
Measures that were not advanced during this year’s legislative session and became two-year bills will be eligible to be taken up for action upon the Legislature’s return in January 2020. Our final CHEAC Bill Chart detailing all tracked measures and final actions is available here. Below, we highlight a number of measures of interest to CHEAC Members.
Access to Health Services
AB 1494 (Aguiar-Curry) – SUPPORT – Chapter 829, Statutes of 2019
Governor Gavin Newsom signed Assembly Member Cecilia Aguiar-Curry’s AB 1494 which will provide Medi-Cal reimbursement for telehealth, telephonic, or off-site services during or up to 90 days after termination of a state of emergency, as deemed appropriate by the Department of Health Care Services (DHCS). Services must be delivered by an enrolled community clinic, including a county or city clinic exempt from licensure, or a fee-for-service (FFS) Medi-Cal provider. The measure also requires DHCS to issue guidance to facilitate reimbursement for these services.
Cannabis
SB 305 (Hueso) – WATCH – Vetoed by Governor
SB 305 by Senator Ben Hueso was vetoed by Governor Newsom. The measure would have prohibited a health care facility from prohibiting a terminally ill patient’s use of medical cannabis within a health care facility. The measure defined health care facilities as licensed general acute care hospitals, special hospitals, skilled nursing facilities, congregate living health facilities, or hospice. SB 305 would have permitted a health care facility to reasonably restrict the way a patient stores and uses medical cannabis. The bill also would have prohibited smoking or vaping as methods to use medical cannabis. The California Department of Public Health (CDPH) and the California Hospital Association were opposed to the measure.
In his veto message, Governor Newsom expressed concerns with the “federal government’s ludicrous stance” on medicinal cannabis and cited the potential for significant conflicts between federal and state law, particularly as it relates to federal reimbursement from the U.S. Centers for Medicare and Medicaid Services (CMS).
Communicable Disease Control
AB 262 (Gloria) – WATCH – Chapter 798, Statutes of 2019
AB 262, authored by Assembly Member Todd Gloria, was signed by Governor Newsom. The measure was prompted by the Hepatitis A outbreak in San Diego in 2017 and requires local health officers (LHOs), during a communicable disease outbreak or imminent threat of an outbreak or an epidemic, to promptly notify and update governmental entities within their jurisdiction about communicable disease outbreaks that may impact them. This notification is required if, in the opinion of the LHO, action or inaction by the governmental entity might affect outbreak response efforts.
AB 283 (Chu) – WATCH – Vetoed by Governor
Assembly Member Kansen Chu’s AB 283 was vetoed by Governor Newsom. The measure would have increased the number of days that CalWORKs applicants and recipients have to provide documentation that all children in the assistance unit who are not required to be enrolled in school have received all age-appropriate immunizations from 30 to 60 days. The measure would have also increased the period for a good-cause extension from 30 to 60 days, as specified. AB 283 would have allowed the California Department of Social Services (CDSS) to authorize counties to exclude the needs of all parent or caretaker relatives in the assistance unit from the grant after a 60-day grace period until documentation is provided. The measure would have also eliminated current law that allows personal belief exemptions from immunizations for these CalWORKS applicants or recipients. Governor Newsom in his veto message cited the likely increase in General Fund costs by more than $10 million annually as his reason for rejecting the bill.
SB 159 (Wiener) – SUPPORT – Chapter 532, Statutes of 2019
SB 159, authored by Senator Scott Wiener and sponsored by the California Pharmacists Association and the San Francisco AIDS Foundation, allows pharmacists to furnish at least a 30-day supply and up to a 60-day supply of PrEP and PEP to patients without a physician’s prescription. To do so, the pharmacist must complete specified training, screen the patient, provide counseling to the patient, document, to the extent possible, the services provided in the patient’s health record maintained by the pharmacy, and notify the patient’s primary care provider. SB 159 prohibits health plans from placing any prior authorization or step therapy requirements on antiretroviral medications, including PrEP and PEP. Governor Newsom signed the measure into law.
Drug and Alcohol Services
SB 445 (Portantino) – SUPPORT – Vetoed by Governor
SB 445, authored by Senator Anthony Portantino, was vetoed by Governor Newsom. The measure would have placed requirements on DHCS to convene an expert panel to advise the department on the development of youth substance use disorder (SUD) treatment, early intervention, and prevention quality standards for California youth. The bill would have required each county to designate a single public agency be responsible for administering youth SUD treatment services within the county and required the agency to comply with standards adopted by DHCS. Governor Newsom indicated in his veto message that he supported the author’s intent to strengthen SUD treatment services for youth, but the measure’s significant General Fund costs should instead be considered through the budget process.
Environmental Health
AB 377 (E. Garcia) – SUPPORT – Chapter 536, Statutes of 2019
Governor Newsom signed into law Assembly Member Eduardo Garcia’s AB 377, which is the cleanup measure to AB 626 (Chapter 470, Statutes of 2018) establishing microenterprise home kitchen operations. AB 377 provides clarifying and technical amendments around jurisdictional opt-in procedures, local permitting and inspection activities, and exempted food safety and sanitation provisions. Recall, CHEAC opposed AB 626 last year due to concerns around the potential for increased risks to the public’s health through the operation of microenterprise home kitchens. However, CHEAC supported AB 377 to provide greater clarity on several critical provisions that were enacted through AB 626. AB 377 included an urgency clause and took effect immediately upon Governor Newsom’s signature.
AB 762 (Quirk) –WATCH – Chapter 538, Statutes of 2019
AB 762 by Assembly Member Bill Quirk was signed by Governor Newsom and requires local health officers (LHOs) to conspicuously post and maintain fish and shellfish health warnings at locations where the fish and shellfish may be caught. Posting of the warning is contingent upon an appropriation by the Legislature and an award of grant funding to local agencies, or qualified nonprofit organizations for distribution to local agencies, by the State Water Resources Control Board. LHOs may then request funding to carry out the posting requirement. The Office of Environmental Health Hazard Assessment (OEHHA) is also required to make available to LHOs a digital poster of the health warnings.
Health Coverage/Health Care Reform
AB 414 (Bonta) – SUPPORT – Chapter 801, Statutes of 2019
Governor Newsom signed AB 414 by Assembly Member Rob Bonta which requires the Franchise Tax Board to report to the Legislature specified information on the Minimum Essential Coverage Individual Mandate, Individual Shared Responsibility Penalty, and state financial subsidies paid for health care coverage as were established in the 2019-20 Budget Act earlier this year.
AB 848 (Gray) – SUPPORT – Vetoed by Governor
AB 848, authored by Assembly Member Adam Gray, would have added continuous glucose monitors and related supplies to the schedule of Medi-Cal benefits for diabetes mellitus treatment when medically necessary, subject to utilization controls. AB 848 was vetoed by Governor Newsom due to costs to the General Fund. Governor Newsom acknowledged the importance of the measure but suggested it should instead be considered through the budget process.
SB 260 (Hurtado) – SUPPORT – Chapter 845, Statutes of 2019
Governor Newsom signed SB 260 by Senator Melissa Hurtado which requires, commencing July 1, 2021, Covered California to enroll an individual or individuals using electronic information from Medi-Cal or the Children’s Health Insurance Program in the lowest cost silver Covered California plan. It also requires a health plan or insurer to annually notify an individual that when he or she ceases to be enrolled in coverage, his or her contact information will be provided to Covered California to assist them in obtaining other coverage, or that he or she may opt out of this transfer of information. SB 260 was sponsored by Health Access and Western Center on Law & Poverty.
Injury Prevention
AB 166 (Gabriel) – SUPPORT – Vetoed by Governor
AB 166 by Assembly Member Jesse Gabriel was vetoed by Governor Newsom. The measure would have required DHCS to establish a violence intervention pilot program at a minimum of nine hospital-based or hospital-linked sites. The measure would have required at least one site in Alameda, Contra Costa, Los Angeles, Monterey, Sacramento, San Bernardino, San Francisco, Santa Clara, and Ventura counties targeted at reducing injury recidivism among Medi-Cal beneficiaries who have been violently injured. The measure specified the violence preventive services to be offered, including care coordination and home and community visitation, to eligible beneficiaries by a qualified violence prevention professional for a minimum of three months and a maximum of 12 months. The measure was sponsored by the Gifford’s Law Center for Prevention of Gun Violence.
In his veto message, Governor Newsom referenced the $30 million in General Fund that was invested into the California Violence Intervention and Prevention (CalVIP) Program this year, as well as his signature on AB 1603 (Wicks) codifying the CalVIP Program into law. Similar to his other veto messages, he recommended the pilot program should be considered through the budget process.
AB 645 (Irwin) – SUPPORT– Chapter 729, Statutes of 2019
Governor Newsom signed into law Assembly Member Jacqui Irwin’s AB 645 that adds language stating, “If you or someone you know is contemplating suicide, please call the National Suicide Prevention Lifeline” with the phone number to existing warning labels on firearms and signage at licensed firearm dealer premises. The measure also requires the Department of Justice (DOJ) firearm safety certificate course and written acknowledgement to cover the topic of suicide prevention.
Jail and Community Corrections
AB 45 (Stone) – WATCH – Chapter 570, Statutes of 2019
AB 45 by Assembly Member Mark Stone was signed into law by Governor Newsom and prohibits a sheriff and other correctional facility administrators from charging a fee for inmate-initiated medical visits or for durable medical equipment (DME) or medical supplies. The measure follows an announcement earlier this year from the California Department of Corrections and Rehabilitation (CDCR) that fees for inmate-initiated medical visits would no longer be charged.
Maternal, Child, & Adolescent Health Services (MCAH)
AB 577 (Eggman) – SUPPORT – Chapter 776, Statutes of 2019
AB 577 by Assembly Member Susan Talamantes Eggman was signed by Governor Newsom. The measure requires health plans and insurers to cover up to 12 months of services associated with the treatment of a maternal mental health condition by a terminated or nonparticipating provider. In an earlier form, the measure sought to extend Medi-Cal eligibility for one year following the last day of an individual’s pregnancy if that individual was diagnosed with a maternal mental health condition. However, the bill was narrowed in its scope as the bill moved through the legislative process. The measure was sponsored by the American College of Obstetricians and Gynecologists (ACOG).
SB 464 (Mitchell) – SUPPORT– Chapter 533, Statutes of 2019
Senator Holly Mitchell’s SB 464 was signed by Governor Newsom and requires specified health facilities providing perinatal care to implement an evidence-based implicit bias program for all healthcare providers involved in perinatal care within those facilities. The measure requires an initial course on the topic and refresher courses at least every two years thereafter. Additionally, the measure requires hospitals to provide patients with information on filing a discrimination complaint.
SB 464 also requires additional information about pregnancy and status of the decedent to be captured in death certificates consistent with data elements on the U.S. Standard Certificate of Death. CDPH would also be required to track and publish specified maternal morbidity and mortality data. The measure includes several recommendations made by CDPH California Pregnancy-Associated Morbidity Review (CA-PAMR), the statewide collaborative tasked with in-depth examinations of pregnancy-related deaths.
Tobacco Control
SB 8 (Glazer) – SUPPORT– Chapter 761, Statutes of 2019
Governor Newsom signed into law Senator Steven Glazer’s SB 8 which prohibits the smoking and disposal of cigar and cigarette waste at all state beaches and state parks. The prohibition includes the use of electronic cigarette products. The measure was amended during the last week of the legislative session at the request of the Newsom Administration to exempt paved roadways and parking facilities and clarify the definition of state beaches. With SB 8 being signed into law, Governor Newsom vetoed the identical AB 1718 (Levine). Recall, both Assembly Member Levine and Senator Glazer carried similar measures over the past several years, all of which either failed to pass the Legislature or were vetoed by then-Governor Jerry Brown.
SB 538 (Rubio) – SUPPORT – Vetoed by Governor
Governor Newsom vetoed SB 538 by Senator Susan Rubio, which would have required electronic cigarette manufacturers to submit to CDPH a written physical description and a photograph of each electronic cigarette sold in California. The California Department of Tax and Fee Administration (CDTFA) would have been required to share with CDPH a list of manufacturers licensed to sell electronic cigarettes in California, and CDPH would have been required to verify all manufacturers are in compliance with the bill’s provisions and post the written product descriptions and photographs online. CDPH would have also been required to coordinate with the California Department of Education (CDE) to notify local educational agencies of the online listing availability.
Governor Newsom in his veto message underscored his Administration’s commitment to confronting the public health crisis from the increasing use and dangers associated with electronic cigarettes, including activities set forth through his recent executive order. Governor Newsom again reiterated his request for a bill from the Legislature banning the flavored vaping products in the coming year. Ultimately, Newsom vetoed SB 538, citing the fees collected from electronic cigarette manufacturers “may not be sufficient to fund the program,” creating General Fund pressures.