California 2019 2019-2020 Regular Session

California Senate Bill SB446 Amended / Bill

Filed 04/11/2019

                    Amended IN  Senate  April 11, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 446Introduced by Senator StoneFebruary 21, 2019 An act to amend Section 14132.968 of the Welfare and Institutions Code, relating to Medi-Cal. LEGISLATIVE COUNSEL'S DIGESTSB 446, as amended, Stone. Medi-Cal: hypertension medication management services.Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law provides for a schedule of benefits under the Medi-Cal program, which includes pharmacist services, subject to approval by the federal Centers for Medicare and Medicaid Services. Under existing law, covered pharmacist services include, but are not limited to, furnishing travel medications, initiating and administering immunizations, providing tobacco cessation counseling, and furnishing nicotine replacement therapy.This bill would additionally provide that hypertension medication management services are a covered pharmacist service under the Medi-Cal program, as specified.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 14132.968 of the Welfare and Institutions Code is amended to read:14132.968. (a) (1) Pharmacist services are a benefit under the Medi-Cal program, subject to approval by the federal Centers for Medicare and Medicaid Services.(2) The department shall establish a fee schedule for the list of pharmacist services.(3) The rate of reimbursement for pharmacist services shall be at 85 percent of the fee schedule for physician services under the Medi-Cal program.(b) (1) The following services are covered pharmacist services:(A) Furnishing travel medications, as authorized in clause (3) of subparagraph (A) of paragraph (10) of subdivision (a) of Section 4052 of the Business and Professions Code.(B) Furnishing naloxone hydrochloride, as authorized in Section 4052.01 of the Business and Professions Code.(C) Furnishing self-administered hormonal contraception, as authorized in Section 4052.3 of the Business and Professions Code.(D) Initiating and administering immunizations, as authorized in Section 4052.8 of the Business and Professions Code.(E) Providing tobacco cessation counseling and furnishing nicotine replacement therapy, as authorized in Section 4052.9 of the Business and Professions Code.(F) Providing hypertension medication management services pursuant to one of the following:(i) Any two of the Providing all three services in paragraphs (1), (2), and (4) of subdivision (a) of Section 4052.1 of the Business and Professions Code. Code for purposes of monitoring and managing hypertension medication.(ii) Any two of the Providing all three services in paragraphs (1), (2), and (4) of subdivision (a) of Section 4052.2 of the Business and Professions Code.  Code for purposes of monitoring and managing hypertension medication.(iii) Any two of the Providing all three services in paragraphs (1), (2), and (5) of subdivision (a) of Section 4052.6 of the Business and Professions Code. Code for purposes of monitoring and managing hypertension medication.(2) Covered pharmacist services shall be subject to department protocols and utilization controls.(c) A pharmacist shall be enrolled as an ordering, referring, and prescribing provider under the Medi-Cal program prior to rendering a pharmacist service that is submitted by a Medi-Cal pharmacy provider for reimbursement pursuant to this section.(d) (1) The director shall seek any necessary federal approvals to implement this section. This section shall not be implemented until the necessary federal approvals are obtained and shall be implemented only to the extent that federal financial participation is available.(2) This section does not restrict or prohibit any services currently provided by pharmacists as authorized by law, including, but not limited to, this chapter, or the Medicaid state plan.(e) (1) 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, or make specific this section, and any applicable federal waivers and state plan amendments, by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions, without taking regulatory action.(2) By July 1, 2021, the department shall adopt regulations in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(3) Commencing July 1, 2017, the department shall provide a status report to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations have been adopted.

 Amended IN  Senate  April 11, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 446Introduced by Senator StoneFebruary 21, 2019 An act to amend Section 14132.968 of the Welfare and Institutions Code, relating to Medi-Cal. LEGISLATIVE COUNSEL'S DIGESTSB 446, as amended, Stone. Medi-Cal: hypertension medication management services.Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law provides for a schedule of benefits under the Medi-Cal program, which includes pharmacist services, subject to approval by the federal Centers for Medicare and Medicaid Services. Under existing law, covered pharmacist services include, but are not limited to, furnishing travel medications, initiating and administering immunizations, providing tobacco cessation counseling, and furnishing nicotine replacement therapy.This bill would additionally provide that hypertension medication management services are a covered pharmacist service under the Medi-Cal program, as specified.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Senate  April 11, 2019

Amended IN  Senate  April 11, 2019

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

Senate Bill No. 446

Introduced by Senator StoneFebruary 21, 2019

Introduced by Senator Stone
February 21, 2019

 An act to amend Section 14132.968 of the Welfare and Institutions Code, relating to Medi-Cal. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 446, as amended, Stone. Medi-Cal: hypertension medication management services.

Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law provides for a schedule of benefits under the Medi-Cal program, which includes pharmacist services, subject to approval by the federal Centers for Medicare and Medicaid Services. Under existing law, covered pharmacist services include, but are not limited to, furnishing travel medications, initiating and administering immunizations, providing tobacco cessation counseling, and furnishing nicotine replacement therapy.This bill would additionally provide that hypertension medication management services are a covered pharmacist service under the Medi-Cal program, as specified.

Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law provides for a schedule of benefits under the Medi-Cal program, which includes pharmacist services, subject to approval by the federal Centers for Medicare and Medicaid Services. Under existing law, covered pharmacist services include, but are not limited to, furnishing travel medications, initiating and administering immunizations, providing tobacco cessation counseling, and furnishing nicotine replacement therapy.

This bill would additionally provide that hypertension medication management services are a covered pharmacist service under the Medi-Cal program, as specified.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 14132.968 of the Welfare and Institutions Code is amended to read:14132.968. (a) (1) Pharmacist services are a benefit under the Medi-Cal program, subject to approval by the federal Centers for Medicare and Medicaid Services.(2) The department shall establish a fee schedule for the list of pharmacist services.(3) The rate of reimbursement for pharmacist services shall be at 85 percent of the fee schedule for physician services under the Medi-Cal program.(b) (1) The following services are covered pharmacist services:(A) Furnishing travel medications, as authorized in clause (3) of subparagraph (A) of paragraph (10) of subdivision (a) of Section 4052 of the Business and Professions Code.(B) Furnishing naloxone hydrochloride, as authorized in Section 4052.01 of the Business and Professions Code.(C) Furnishing self-administered hormonal contraception, as authorized in Section 4052.3 of the Business and Professions Code.(D) Initiating and administering immunizations, as authorized in Section 4052.8 of the Business and Professions Code.(E) Providing tobacco cessation counseling and furnishing nicotine replacement therapy, as authorized in Section 4052.9 of the Business and Professions Code.(F) Providing hypertension medication management services pursuant to one of the following:(i) Any two of the Providing all three services in paragraphs (1), (2), and (4) of subdivision (a) of Section 4052.1 of the Business and Professions Code. Code for purposes of monitoring and managing hypertension medication.(ii) Any two of the Providing all three services in paragraphs (1), (2), and (4) of subdivision (a) of Section 4052.2 of the Business and Professions Code.  Code for purposes of monitoring and managing hypertension medication.(iii) Any two of the Providing all three services in paragraphs (1), (2), and (5) of subdivision (a) of Section 4052.6 of the Business and Professions Code. Code for purposes of monitoring and managing hypertension medication.(2) Covered pharmacist services shall be subject to department protocols and utilization controls.(c) A pharmacist shall be enrolled as an ordering, referring, and prescribing provider under the Medi-Cal program prior to rendering a pharmacist service that is submitted by a Medi-Cal pharmacy provider for reimbursement pursuant to this section.(d) (1) The director shall seek any necessary federal approvals to implement this section. This section shall not be implemented until the necessary federal approvals are obtained and shall be implemented only to the extent that federal financial participation is available.(2) This section does not restrict or prohibit any services currently provided by pharmacists as authorized by law, including, but not limited to, this chapter, or the Medicaid state plan.(e) (1) 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, or make specific this section, and any applicable federal waivers and state plan amendments, by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions, without taking regulatory action.(2) By July 1, 2021, the department shall adopt regulations in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(3) Commencing July 1, 2017, the department shall provide a status report to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations have been adopted.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 14132.968 of the Welfare and Institutions Code is amended to read:14132.968. (a) (1) Pharmacist services are a benefit under the Medi-Cal program, subject to approval by the federal Centers for Medicare and Medicaid Services.(2) The department shall establish a fee schedule for the list of pharmacist services.(3) The rate of reimbursement for pharmacist services shall be at 85 percent of the fee schedule for physician services under the Medi-Cal program.(b) (1) The following services are covered pharmacist services:(A) Furnishing travel medications, as authorized in clause (3) of subparagraph (A) of paragraph (10) of subdivision (a) of Section 4052 of the Business and Professions Code.(B) Furnishing naloxone hydrochloride, as authorized in Section 4052.01 of the Business and Professions Code.(C) Furnishing self-administered hormonal contraception, as authorized in Section 4052.3 of the Business and Professions Code.(D) Initiating and administering immunizations, as authorized in Section 4052.8 of the Business and Professions Code.(E) Providing tobacco cessation counseling and furnishing nicotine replacement therapy, as authorized in Section 4052.9 of the Business and Professions Code.(F) Providing hypertension medication management services pursuant to one of the following:(i) Any two of the Providing all three services in paragraphs (1), (2), and (4) of subdivision (a) of Section 4052.1 of the Business and Professions Code. Code for purposes of monitoring and managing hypertension medication.(ii) Any two of the Providing all three services in paragraphs (1), (2), and (4) of subdivision (a) of Section 4052.2 of the Business and Professions Code.  Code for purposes of monitoring and managing hypertension medication.(iii) Any two of the Providing all three services in paragraphs (1), (2), and (5) of subdivision (a) of Section 4052.6 of the Business and Professions Code. Code for purposes of monitoring and managing hypertension medication.(2) Covered pharmacist services shall be subject to department protocols and utilization controls.(c) A pharmacist shall be enrolled as an ordering, referring, and prescribing provider under the Medi-Cal program prior to rendering a pharmacist service that is submitted by a Medi-Cal pharmacy provider for reimbursement pursuant to this section.(d) (1) The director shall seek any necessary federal approvals to implement this section. This section shall not be implemented until the necessary federal approvals are obtained and shall be implemented only to the extent that federal financial participation is available.(2) This section does not restrict or prohibit any services currently provided by pharmacists as authorized by law, including, but not limited to, this chapter, or the Medicaid state plan.(e) (1) 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, or make specific this section, and any applicable federal waivers and state plan amendments, by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions, without taking regulatory action.(2) By July 1, 2021, the department shall adopt regulations in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(3) Commencing July 1, 2017, the department shall provide a status report to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations have been adopted.

SECTION 1. Section 14132.968 of the Welfare and Institutions Code is amended to read:

### SECTION 1.

14132.968. (a) (1) Pharmacist services are a benefit under the Medi-Cal program, subject to approval by the federal Centers for Medicare and Medicaid Services.(2) The department shall establish a fee schedule for the list of pharmacist services.(3) The rate of reimbursement for pharmacist services shall be at 85 percent of the fee schedule for physician services under the Medi-Cal program.(b) (1) The following services are covered pharmacist services:(A) Furnishing travel medications, as authorized in clause (3) of subparagraph (A) of paragraph (10) of subdivision (a) of Section 4052 of the Business and Professions Code.(B) Furnishing naloxone hydrochloride, as authorized in Section 4052.01 of the Business and Professions Code.(C) Furnishing self-administered hormonal contraception, as authorized in Section 4052.3 of the Business and Professions Code.(D) Initiating and administering immunizations, as authorized in Section 4052.8 of the Business and Professions Code.(E) Providing tobacco cessation counseling and furnishing nicotine replacement therapy, as authorized in Section 4052.9 of the Business and Professions Code.(F) Providing hypertension medication management services pursuant to one of the following:(i) Any two of the Providing all three services in paragraphs (1), (2), and (4) of subdivision (a) of Section 4052.1 of the Business and Professions Code. Code for purposes of monitoring and managing hypertension medication.(ii) Any two of the Providing all three services in paragraphs (1), (2), and (4) of subdivision (a) of Section 4052.2 of the Business and Professions Code.  Code for purposes of monitoring and managing hypertension medication.(iii) Any two of the Providing all three services in paragraphs (1), (2), and (5) of subdivision (a) of Section 4052.6 of the Business and Professions Code. Code for purposes of monitoring and managing hypertension medication.(2) Covered pharmacist services shall be subject to department protocols and utilization controls.(c) A pharmacist shall be enrolled as an ordering, referring, and prescribing provider under the Medi-Cal program prior to rendering a pharmacist service that is submitted by a Medi-Cal pharmacy provider for reimbursement pursuant to this section.(d) (1) The director shall seek any necessary federal approvals to implement this section. This section shall not be implemented until the necessary federal approvals are obtained and shall be implemented only to the extent that federal financial participation is available.(2) This section does not restrict or prohibit any services currently provided by pharmacists as authorized by law, including, but not limited to, this chapter, or the Medicaid state plan.(e) (1) 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, or make specific this section, and any applicable federal waivers and state plan amendments, by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions, without taking regulatory action.(2) By July 1, 2021, the department shall adopt regulations in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(3) Commencing July 1, 2017, the department shall provide a status report to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations have been adopted.

14132.968. (a) (1) Pharmacist services are a benefit under the Medi-Cal program, subject to approval by the federal Centers for Medicare and Medicaid Services.(2) The department shall establish a fee schedule for the list of pharmacist services.(3) The rate of reimbursement for pharmacist services shall be at 85 percent of the fee schedule for physician services under the Medi-Cal program.(b) (1) The following services are covered pharmacist services:(A) Furnishing travel medications, as authorized in clause (3) of subparagraph (A) of paragraph (10) of subdivision (a) of Section 4052 of the Business and Professions Code.(B) Furnishing naloxone hydrochloride, as authorized in Section 4052.01 of the Business and Professions Code.(C) Furnishing self-administered hormonal contraception, as authorized in Section 4052.3 of the Business and Professions Code.(D) Initiating and administering immunizations, as authorized in Section 4052.8 of the Business and Professions Code.(E) Providing tobacco cessation counseling and furnishing nicotine replacement therapy, as authorized in Section 4052.9 of the Business and Professions Code.(F) Providing hypertension medication management services pursuant to one of the following:(i) Any two of the Providing all three services in paragraphs (1), (2), and (4) of subdivision (a) of Section 4052.1 of the Business and Professions Code. Code for purposes of monitoring and managing hypertension medication.(ii) Any two of the Providing all three services in paragraphs (1), (2), and (4) of subdivision (a) of Section 4052.2 of the Business and Professions Code.  Code for purposes of monitoring and managing hypertension medication.(iii) Any two of the Providing all three services in paragraphs (1), (2), and (5) of subdivision (a) of Section 4052.6 of the Business and Professions Code. Code for purposes of monitoring and managing hypertension medication.(2) Covered pharmacist services shall be subject to department protocols and utilization controls.(c) A pharmacist shall be enrolled as an ordering, referring, and prescribing provider under the Medi-Cal program prior to rendering a pharmacist service that is submitted by a Medi-Cal pharmacy provider for reimbursement pursuant to this section.(d) (1) The director shall seek any necessary federal approvals to implement this section. This section shall not be implemented until the necessary federal approvals are obtained and shall be implemented only to the extent that federal financial participation is available.(2) This section does not restrict or prohibit any services currently provided by pharmacists as authorized by law, including, but not limited to, this chapter, or the Medicaid state plan.(e) (1) 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, or make specific this section, and any applicable federal waivers and state plan amendments, by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions, without taking regulatory action.(2) By July 1, 2021, the department shall adopt regulations in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(3) Commencing July 1, 2017, the department shall provide a status report to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations have been adopted.

14132.968. (a) (1) Pharmacist services are a benefit under the Medi-Cal program, subject to approval by the federal Centers for Medicare and Medicaid Services.(2) The department shall establish a fee schedule for the list of pharmacist services.(3) The rate of reimbursement for pharmacist services shall be at 85 percent of the fee schedule for physician services under the Medi-Cal program.(b) (1) The following services are covered pharmacist services:(A) Furnishing travel medications, as authorized in clause (3) of subparagraph (A) of paragraph (10) of subdivision (a) of Section 4052 of the Business and Professions Code.(B) Furnishing naloxone hydrochloride, as authorized in Section 4052.01 of the Business and Professions Code.(C) Furnishing self-administered hormonal contraception, as authorized in Section 4052.3 of the Business and Professions Code.(D) Initiating and administering immunizations, as authorized in Section 4052.8 of the Business and Professions Code.(E) Providing tobacco cessation counseling and furnishing nicotine replacement therapy, as authorized in Section 4052.9 of the Business and Professions Code.(F) Providing hypertension medication management services pursuant to one of the following:(i) Any two of the Providing all three services in paragraphs (1), (2), and (4) of subdivision (a) of Section 4052.1 of the Business and Professions Code. Code for purposes of monitoring and managing hypertension medication.(ii) Any two of the Providing all three services in paragraphs (1), (2), and (4) of subdivision (a) of Section 4052.2 of the Business and Professions Code.  Code for purposes of monitoring and managing hypertension medication.(iii) Any two of the Providing all three services in paragraphs (1), (2), and (5) of subdivision (a) of Section 4052.6 of the Business and Professions Code. Code for purposes of monitoring and managing hypertension medication.(2) Covered pharmacist services shall be subject to department protocols and utilization controls.(c) A pharmacist shall be enrolled as an ordering, referring, and prescribing provider under the Medi-Cal program prior to rendering a pharmacist service that is submitted by a Medi-Cal pharmacy provider for reimbursement pursuant to this section.(d) (1) The director shall seek any necessary federal approvals to implement this section. This section shall not be implemented until the necessary federal approvals are obtained and shall be implemented only to the extent that federal financial participation is available.(2) This section does not restrict or prohibit any services currently provided by pharmacists as authorized by law, including, but not limited to, this chapter, or the Medicaid state plan.(e) (1) 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, or make specific this section, and any applicable federal waivers and state plan amendments, by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions, without taking regulatory action.(2) By July 1, 2021, the department shall adopt regulations in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(3) Commencing July 1, 2017, the department shall provide a status report to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations have been adopted.



14132.968. (a) (1) Pharmacist services are a benefit under the Medi-Cal program, subject to approval by the federal Centers for Medicare and Medicaid Services.

(2) The department shall establish a fee schedule for the list of pharmacist services.

(3) The rate of reimbursement for pharmacist services shall be at 85 percent of the fee schedule for physician services under the Medi-Cal program.

(b) (1) The following services are covered pharmacist services:

(A) Furnishing travel medications, as authorized in clause (3) of subparagraph (A) of paragraph (10) of subdivision (a) of Section 4052 of the Business and Professions Code.

(B) Furnishing naloxone hydrochloride, as authorized in Section 4052.01 of the Business and Professions Code.

(C) Furnishing self-administered hormonal contraception, as authorized in Section 4052.3 of the Business and Professions Code.

(D) Initiating and administering immunizations, as authorized in Section 4052.8 of the Business and Professions Code.

(E) Providing tobacco cessation counseling and furnishing nicotine replacement therapy, as authorized in Section 4052.9 of the Business and Professions Code.

(F) Providing hypertension medication management services pursuant to one of the following:

(i) Any two of the Providing all three services in paragraphs (1), (2), and (4) of subdivision (a) of Section 4052.1 of the Business and Professions Code. Code for purposes of monitoring and managing hypertension medication.

(ii) Any two of the Providing all three services in paragraphs (1), (2), and (4) of subdivision (a) of Section 4052.2 of the Business and Professions Code.  Code for purposes of monitoring and managing hypertension medication.

(iii) Any two of the Providing all three services in paragraphs (1), (2), and (5) of subdivision (a) of Section 4052.6 of the Business and Professions Code. Code for purposes of monitoring and managing hypertension medication.

(2) Covered pharmacist services shall be subject to department protocols and utilization controls.

(c) A pharmacist shall be enrolled as an ordering, referring, and prescribing provider under the Medi-Cal program prior to rendering a pharmacist service that is submitted by a Medi-Cal pharmacy provider for reimbursement pursuant to this section.

(d) (1) The director shall seek any necessary federal approvals to implement this section. This section shall not be implemented until the necessary federal approvals are obtained and shall be implemented only to the extent that federal financial participation is available.

(2) This section does not restrict or prohibit any services currently provided by pharmacists as authorized by law, including, but not limited to, this chapter, or the Medicaid state plan.

(e) (1) 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, or make specific this section, and any applicable federal waivers and state plan amendments, by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions, without taking regulatory action.

(2) By July 1, 2021, the department shall adopt regulations in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(3) Commencing July 1, 2017, the department shall provide a status report to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations have been adopted.