CCLA Legislative Update 2010 Legislative Session CCLA Annual Conference San Diego, CA Arnold and Associates, Inc. Michael J. Arnold Kristian E. Foy

What We Will Cover Sacramento Environment Key Legislation for 2010 2010-2011 State Budget November Election Outlook for 2011 Legislation

Sacramento Environment 2010 legislative year was the last year of the 2009-2010 Legislative Session Low Approval Ratings Election Year Fiscal concerns on everyone’s minds Budget Stalemate Economy, election, budget problems = very distracted Legislature

Key Legislation for 2010 How our process works

Infrastructure for Tracking Legislation Box in Bill Room Bill Tracking System Daily Committee Hearing Calendars Legislative Status Report

Legislative Status Report Periodic listing of all bills being followed by the CCLA Shows bill, author, summary, location, hearing date, etc. Available to any CCLA member, anytime

- 2010 - Key Bills of Interest to Labs AB 52 (Portantino) Umbilical Cord Blood Collection Program requests the University of California (UC) to develop a plan to establish and administer the Umbilical Cord Blood Collection Program (UCBCP) on or before July 1, 2011. imposes a temporary $1 fee on specified birth certificates to fund the program. shifts administration of the UCBCP from the Department of Public Health (DPH) to UC, if UC elects to administer the program. signed by the Governor as Chapter 529, Statutes of 2010.

AB 1963(Nava) Pesticide Testing Requires clinical laboratories that perform cholinesterase (ChE) testing for the purpose of determining workers' pesticide exposure to electronically report test results to the Department of Pesticide Regulation (DPR). Requires laboratories that perform cholinesterase testing pursuant to 3 Cal. Code Regs. 6728 to report ChE results to DPR on a monthly basis. Reports must be submitted electronically and DPR must share them with OEHHA and DPH. Laboratory shall report all information in its possession including: Test results; The purpose of the test; Name of the person tested, as well as that person's date of birth; Contact information of the referring physician, testing laboratory, and person tested if available; and Accession number of the specimen. The referring physician shall note in the test order the purpose of the test. The bill was amended several times through out the session. Governor signed AB 1963 as Chapter Number 369, Statutes of 2010.

SB 1246 (Negrette-McLeod) Naturopathic Medicine Includes in the definition of laboratory director a duly licensed naturopathic doctor for the purposes of a clinical laboratory which only performs tests classified as waived under CLIA. The bill's sponsor, the California Naturopathic Doctors Association, stated that a naturopathic doctor's inability to perform CLIA waived tests compromises patient safety by delaying tests and their results. Includes naturopathic doctors in the list of health care practitioners who may perform a clinical laboratory test or examination classified as waived, defines a naturopathic assistant for purposes of the Naturopathic Doctor’s Act, and specifies certain functions for naturopathic assistants. The sponsor argued that naturopathic doctors in other states are able to perform CLIA waived and moderate complexity tests. Governor signed the measure as Chapter 523, Statutes of 2010.

AB 549 (Furutani) Lab Personnel AB 549 Vetoed as requested by CCLA. Bill would have created unnecessary confusion in licensure of biochemical geneticist within the Department of Public Health. Proposed language for mandatory issuance of “temporary licenses” would have re-aligned Department priorities. Requirement for “emergency regulations” creating a trainee license category would also have shifted needed resources from other activities.

AB 2541 (Portantino) Reporting for HIV Infection This bill was sponsored by the AIDS Healthcare Foundation. According to DPH estimates, CA lost $3-7 million due to our failure to have a fully name-based HIV reporting system. This measure revises the reporting system for HIV infections. Anyone doing HIV testing should carefully review the contents of AB 2541, Chapter 470, Statutes of 2010.

CDPH Proposed Laboratory Personnel Regulations CDPH believes many current personnel licensing standards are outdated. Thus, they proposed a large regulatory enactment amending Title 17 of the CA Code of Regulations (CCR). CCLA submitted comments on these proposed regulations. Thanks to Bob Footlik for spending many hours on this project on behalf of the CCLA!!!

2010-2011 Budget Longest budget stalemate in history 100 days past beginning of the new fiscal year Finally signed on October 8 No cuts to Medi-Cal reimbursement rates!!!

Gubernatorial Vetoes Schwarzenegger vetoed 28.77 percent of 2010 bills He vetoed a record 35.17 percent of the bills sent to him by the Legislature in 2008. He has the three highest veto percentages of any modern Governor. Jerry Brown has the three lowest veto percentages of any modern Governor. For example, he vetoed just 1.79 percent in 1982.

November Election Governor’s Race Other Statewide Officers Senate and Assembly Propositions

Election Results Governor and other Constitutional Officers Senate Results—Democrats and Republicans Assembly Results—Dems and Reeps Propositions

Medi-Cal Lawsuits and Audits Qui Tam/False Claims Act Lawsuit Department of Health Care Services, Audits and Investigations Branch—Audits and Demand for Self-Audits We will defer to legal counsel to discuss these matters later in the program!

Outlook for 2011? The New 2011-2012 Legislative Session starts December 6, 2010.

Sources for Info on Legislative Issues California Legislative Information Portal: http://www.leginfo.ca.gov/ California State Assembly: http://www.assembly.ca.gov/ California State Senate: http://www.senate.ca.gov/ California Secretary of State: http://www.ss.ca.gov/