California Assembly Bill AB1278

California 2021-2022 Regular Session

• Introduced: 2/19/21
• Refer: 3/4/21
• Report Pass: 3/17/21
• Refer: 3/18/21
• Report Pass: 4/14/21
• Refer: 4/19/21
• Report Pass: 4/28/21
• Engrossed: 5/3/21
• Refer: 5/4/21
• Refer: 5/12/21
• Report Pass: 6/8/21
• Refer: 6/8/21
• Report Pass: 7/12/21
• Refer: 7/13/21
• Refer: 8/23/21
• Report Pass: 8/11/22
• Enrolled: 8/30/22
• Chaptered: 9/29/22
• Passed: 9/29/22

Caption

Physicians and surgeons: payments: disclosure: notice.

Impact

This bill directly impacts state laws governing the practice of medicine by enhancing transparency in the financial relationships between healthcare providers and pharmaceutical companies. It aims to empower patients by providing them with essential information about potential influences on their healthcare providers' recommendations and decisions. By reinforcing the requirement for disclosure, AB 1278 aims to align state law with existing federal transparency frameworks under the Physician Payments Sunshine Act.

Summary

Assembly Bill 1278, known as the Open Payments Database Disclosure Act, mandates that physicians and surgeons in California provide patients with transparency regarding payments received from drug and device manufacturers. Beginning January 1, 2024, physicians are required to inform their patients about the Open Payments database at the initial office visit, providing written or electronic notice, which includes a link to access this information online. Additionally, physicians are required to display this notice conspicuously in their practice locations and on their practice websites if applicable.

Sentiment

The sentiment around AB 1278 appears to be supportive among advocates for healthcare accountability and patient rights, who feel that increased transparency will lead to more informed healthcare choices. However, there are concerns among some healthcare providers regarding the administrative burden of compliance and the potential chilling effect on relationships with pharmaceutical companies. Nevertheless, overall support for the bill indicates a commitment to promoting ethical practices in healthcare.

Contention

Notable points of contention regarding AB 1278 revolve around the degree of compliance required by healthcare providers and the implications of mandated disclosures. Critics argue that the act places additional regulatory burdens on physicians, particularly those in smaller practices. Furthermore, the bill excludes hospital emergency room physicians from these requirements, raising discussions about the inclusivity of the legislation and whether it adequately addresses all healthcare practitioners involved in patient care.