California Assembly Bill AB2024 Amended / Bill

 BILL NUMBER: AB 2024AMENDED BILL TEXT AMENDED IN SENATE MAY 23, 2016 AMENDED IN ASSEMBLY APRIL 11, 2016 INTRODUCED BY Assembly Member Wood (Coauthors: Assembly Members Bigelow, Dahle, Gallagher, and Obernolte) FEBRUARY 16, 2016 An act to amend Section 2401 of the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGEST AB 2024, as amended, Wood. Critical access hospitals: employment. Existing law, the Medical Practice Act, restricts the employment of physicians and surgeons and doctors of podiatric medicine by a corporation or other artificial legal entity to  entitites   entities  that do not charge for professional services rendered to patients and are approved by the Medical Board of California, subject to specified exemptions. This bill, until January 1, 2024, would also authorize a federally certified critical access hospital to employ those medical professionals and charge for professional services rendered by those medical  professionals, and would prohibit the critical access   professionals   if the medical staff concur by an affirmative vote that the professional's employment is in the best interest of the communities served by the hospital and the  hospital  from directing or interfering   does not direct or interfere  with the professional judgment of a physician and surgeon, as specified. The bill would require the  Legislative Analyst,   board,  on or before July 1, 2023, to provide a report to the Legislature containing data on the impact of this authorization on federally certified critical access  hospitals.   hospitals and their ability to recruit and retain physicians and surgeons, as specified.  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 2401 of the Business and Professions Code is amended to read: 2401. (a) Notwithstanding Section 2400, a clinic operated primarily for the purpose of medical education by a public or private nonprofit university medical school, which is approved by the board or the Osteopathic Medical Board of California, may charge for professional services rendered to teaching patients by licensees who hold academic appointments on the faculty of the university, if the charges are approved by the physician and surgeon in whose name the charges are made. (b) Notwithstanding Section 2400, a clinic operated under subdivision (p) of Section 1206 of the Health and Safety Code may employ licensees and charge for professional services rendered by those licensees. However, the clinic shall not interfere with, control, or otherwise direct the professional judgment of a physician and surgeon in a manner prohibited by Section 2400 or any other law. (c) Notwithstanding Section 2400, a narcotic treatment program operated under Section 11876 of the Health and Safety Code and regulated by the State Department of Health Care Services, may employ licensees and charge for professional services rendered by those licensees. However, the narcotic treatment program shall not interfere with, control, or otherwise direct the professional judgment of a physician and surgeon in a manner prohibited by Section 2400 or any other law. (d) Notwithstanding Section 2400, a hospital that is owned and operated by a licensed charitable organization, that offers only pediatric subspecialty care, that, prior to January 1, 2013, employed licensees on a salary basis, and that has not charged for professional services rendered to patients may, commencing January 1, 2013, charge for professional services rendered to patients, provided the following conditions are met: (1) The hospital does not increase the number of salaried licensees by more than five licensees each year. (2) The hospital does not expand its scope of services beyond pediatric subspecialty care. (3) The hospital accepts each patient needing its scope of services regardless of his or her ability to pay, including whether the patient has any form of health care coverage. (4) The medical staff concur by an affirmative vote that the licensee's employment is in the best interest of the communities served by the hospital. (5) The hospital does not interfere with, control, or otherwise direct a physician and surgeon's professional judgment in a manner prohibited by Section 2400 or any other law. (e) (1) Notwithstanding Section 2400, until January 1, 2024, a federally certified critical access hospital may employ licensees and charge for professional services rendered by those  licensees. However, the critical access   licensees to   patients, provided both of the following conditions are met:   (A) The medical staff concur by an affirmative vote that the licensee's employment is in the best interest of the communities served by the hospital.   (B)    The  hospital  shall   does  not interfere with, control, or otherwise direct  the professional judgment of  a physician and  surgeon   surgeon's professional judgment  in a manner prohibited by Section 2400 or any other law. (2)  (A)    On or before July 1, 2023, the  Legislative Analyst   board  shall provide a report to the Legislature containing data about the impact of paragraph (1) on federally certified critical access hospitals  and their ability to recruit and retain physicians and surgeons  between January 1, 2017, and January 1,  2024,   2023,  inclusive.    This report shall be submitted in comp   liance with Section 9795 of the Government Code.   (B) The requirement for submitting a report imposed under subparagraph (A) is inoperative on July 1, 2027.