CFRW Capitol Update November 17, 2023

California Federation of Republican Women
Officially Chartered by the National Federation of Republican Women
and the California Republican Party

From the Desk of Mary Ervin, CFRW President
Submitted by Jeanne Solnordal, CFRW Legislative Analyst
November 17, 2023

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Medical Edition

Many California Children Can’t Afford Hearing Aids
Families Fume as Newson Vetos SB 635

Young girl doing schoolwork

More than 30 states require insurers to provide some level of coverage for kids’ hearing aids. California isn’t one of them, and Gov. Newsom for the second time has vetoed a bill to close that gap

AB-48 Nursing Facility Resident Informed Consent Protection Act of 2023

10/13/23Chaptered by Secretary of State – Chapter 794, Statutes of 2023.
10/13/23Approved by the Governor.
Senior couple hugging

AB 48 would allow every nursing or intermediate care facility resident to receive information on informed consent decisions when it comes to accepting or refusing psychotherapeutic drugs. The bill would also add in the right to be free from psychotherapeutic drugs that are used for disciplining residents, convenience, or chemical restraint, apart from emergency situations that would cause immediate injury to the resident or others.

AB-665 Minors: Consent To Mental Health Services

young girl with braids and glasses
10/07/23Chaptered by Secretary of State – Chapter 338, Statutes of 2023.
10/07/23Approved by the Governor.

Existing law, for some purposes, authorizes a minor who is 12 years of age or older to consent to mental health treatment or counseling on an outpatient basis, or to residential shelter services, if the minor is mature enough to participate intelligently in the outpatient services or residential shelter services, as specified, and either the minor would present a danger of serious physical or mental harm to themselves or to others or if the minor is the alleged victim of incest or child abuse. For other purposes, existing law authorizes a minor who is 12 years of age or older to consent to mental health treatment or counseling services if the minor is mature enough to participate intelligently in the outpatient services or counseling services.

This bill would align the existing laws by removing the additional requirement that, in order to consent to mental health treatment or counseling on an outpatient basis, or to residential shelter services, the minor must present a danger of serious physical or mental harm to themselves or to others or be the alleged victim of incest or child abuse.

Existing law, for some purposes, requires that the mental health treatment or counseling include involvement of the minor’s parent or guardian unless the professional person treating or counseling the minor determines that the involvement would be inappropriate. For other purposes, existing law requires the involvement of the parent or guardian unless the professional person who is treating or counseling the minor, after consulting with the minor, determines that the involvement would be inappropriate.

This bill would also align the existing laws by requiring the professional person treating or counseling the minor to consult with the minor before determining whether involvement of the minor’s parent or guardian would be inappropriate.

Existing law defines professional person for these purposes to include, among other things, a mental health professional, a marriage and family therapist, a licensed educational psychologist, a clinical psychologist, the chief administrator of an agency, and a licensed professional clinical counselor, as defined.
 

AB-904 Health Care Coverage: Doulas

10/07/23Chaptered by Secretary of State – Chapter 349, Statutes of 2023.
10/07/23Approved by the Governor.

The Legislature finds and declares all of the following:
 
(a) The United States has the highest rates of maternal mortality among
higher-income countries. There are an estimated 1,200 deaths per year in
the United States that are pregnancy-related, with about three in five deaths deemed preventable.
 
(b) The United States has an infant mortality rate that is higher than most
higher-income countries. Currently, the United States is ranked 33 out of
36 countries belonging to the Organization for Economic Cooperation and
Development, with an average of 5.7 deaths per 1,000 live births.
 
(c) California’s Native American infant mortality rate is 11.7 deaths per
1,000 live births, followed by Black infants at 8.7 deaths per 1,000 live
births. Both figures are far above the state’s average of 4.2 deaths per 1,000 live births.
 
(d) Prematurity is a leading cause of infant mortality and has been linked
to lifelong conditions, such as behavioral development issues, learning
difficulties, and chronic disease.
 
(e) Racism and racial bias in health care contribute to both the national
maternal mortality and morbidity crisis and infant mortality and morbidity,
in particular for pregnant and postpartum people and infants who are Black
or Native American.
 
(f) A study looking at over 32,000,000 births in the United States found
that cisgender women of color, especially Black cisgender women, were
more likely to experience additional negative birth outcomes from exposure
to the effects of climate change, including increased temperature and air
pollution from fires, which lead to increases in stillbirth and low birth weight, respectively.
 
(g) California has made great progress in the last decade to improve
maternity care, and now boasts the lowest maternal mortality rate in the
country. However, the improvements in maternal mortality have not come
with a corresponding improvement in the racial disparities in maternal
health. Black and Native American pregnant and postpartum people in
California continue to die at higher rates than non-Hispanic White pregnant
and postpartum people.
 
(h) California is failing pregnant and postpartum people, especially those
in some of the state’s most vulnerable and marginalized communities.
Pregnant and postpartum people in California report discrimination and bias
in care based on their race, gender, and language. This leads to fear and
distrust of the institutionalized maternal health care system, particularly by
people of color.
 
(i) One of the essential goals of the State Department of Public Health
is to reduce health and mental health disparities among vulnerable and
underserved communities to achieve health equity throughout California.
This goal should extend to health equity for birthing people and infants.
 
(j) California can do a better job to support pregnant, birthing, and
postpartum people in our state, especially Black pregnant, birthing, and
postpartum people, who are experiencing the brunt of racism, disparities,
and inequities in health care access, services, and delivery.
 
(k) The State Department of Health Care Services rolled out doula
benefits on January 1, 2023, by adding it to the list of preventive services
covered under the Medi-Cal program.
 
(l) Existing law requires a health care service plan or health insurer to
develop a maternal mental health program designed to promote quality and
cost-effective outcomes and encourages a plan or insurer to include coverage for doulas.
 
(m) To date, doula services are not covered by private health care service
plans and insurers. California’s commercial plans and insurers, including
Blue Shield of California, HealthNet, and Anthem, have sponsored several
doula pilot programs throughout the state. Participants of those pilots have
reported positive health outcomes.
 
(n) While California is one of 10 states with Medicaid doula benefits,
this bill would position the state to be one of the first to also expand doula
access in the private coverage context. With 40 percent of births being
funded by Medi-Cal every year, this act has the potential to reach even more births with the support of doulas.
 

AB 1392: Requires Hospital Minority, Women, LGBT, and Disabled Veteran Business Enterprise Procurement Plans

Effective July 1, 2025, and annually thereafter, licensed hospitals with $50 million or more in operating expenses and licensed hospitals with operating expenses of $25 million or more that are part of a hospital system will be required to submit annual plans to the Department of Health Care Access and Information (HCAI) detailing how they will increase procurement (Procurement Plans) from minority, women, LGBT, and veteran business tier 1 and tier 2 enterprises (Business Enterprises). Hospitals that are not legally required to submit a plan are “encouraged” to submit Procurement Plans.

Among other things, Procurement Plans must include the hospital’s supplier diversity policy statement, short and long term goals and timetables for increasing procurement from Business Enterprises, the methods used to encourage procurement from and support Business Enterprises, the methods the hospital will use to resolve issues that may limit or impede such an enterprise from becoming a supplier, and the planned and past implementation of relevant recommendations made by the hospital diversity commission (Commission).
 
This bill would make all of the above changes operative on July 1, 2024.

Still in Committee:

SB 424 – Whole Child Model Program
AB-82 – Dietary Supplements for weight loss and over-the-counter diet pills
AB 1022 – Medi-Cal: All-inclusive Care for the Elderly

Withdrawn:

AB 940 – Eating Disorder
SB 340 – Medi-Cal: eyeglasses: Prison Industry Authority