Gov. Brown Signs Into Law Key Health Bills, But Nixes Others

Tuesday, October 17, 2017

Wielding his pen, Gov. Jerry Brown has reinforced the Affordable Care Act, stood up to pharmaceutical companies and boosted testing for childhood lead poisoning.

Brown had until Sunday, Oct. 15,  to approve or reject measures passed by the legislature this year, Brown weighed in on some key health care bills, including measures to protect Californians who buy insurance for themselves.

One law will ensure that consumers have three months to shop for health plans in future years, rebuffing a move by the Trump administration that cuts that time in half. Another law will help people keep their health care providers if insurers cancel their policy.

Health consumer advocates said Brown’s signatures on those and other bills will help maintain California’s role as a leader in protecting health care coverage in the face of federal threats. Last week, for instance, President Donald Trump ended an important Obamacare health insurance subsidy for consumers — a move that could destabilize insurance markets across the country.

Californians will stay “ahead of the curve, and ahead of the federal threats” because of lawmakers’ actions this year, said Betsy Imholz, director of special projects at Consumers Union in San Francisco.

The governor’s health care actions and rhetoric have been particularly impassioned lately, especially in response to federal moves on health care policy, Imholz said.

“There’s a lot to be fiery about these days, and he’s using his bully pulpit well,” she said.

But Brown didn’t sign off on everything the legislature sent to his desk. He used his veto pen to kill some health care legislation, including a proposed statewide ban on smoking at state beaches and parks.

SIGNED BY THE GOVERNOR 

Open Enrollment

By codifying AB 156, by Assemblyman Jim Wood (D-Healdsburg), Brown agreed that Californians who buy insurance for themselves should continue to have a three-month open enrollment period, during which they can choose or switch health plans. The law exempts the Golden State from a Trump administration rule that shortens the sign-up period to 45 days, and applies to people who purchase individual market plans for 2019 and beyond. Californians already are assured a three-month open-enrollment period — Nov. 1 to Jan. 31 — for 2018 coverage.

Keeping Your Doctors

Brown signed off on a measure to allow some seriously ill patients to continue seeing their current providers for a limited time if their insurer discontinues their plan. The bill, SB 133, was introduced by Sen. Ed Hernandez (D-West Covina) in response to the impending departures of Anthem Blue Cross and Cigna from portions of California’s individual insurance market next year. The law will continue an eligible patient’s coverage even if her doctors don’t contract with the new health plan, so long as the doctors are willing to accept the plan’s reimbursement rates.

Prescription Drug Costs

The governor signed a hotly contested bill by Hernandez that will require drugmakers to report and explain big price hikes. SB 17 directs pharmaceutical companies to notify state agencies and insurers 60 days in advance if they plan to raise prices more than 16 percent over two years on drugs with a wholesale cost of at least $40.

The governor also approved AB 265 by Wood, which will ban pharmaceutical companies from giving consumers coupons for brand-name drugs when a generic equivalent is available, with some exceptions.

Childhood Lead Poisoning

Brown signed AB 1316 by Assemblyman Bill Quirk (D-Hayward), which calls for all California kids to be evaluated by their doctor for lead poisoning, starting next year. Currently, children who receive government assistance such as Medi-Cal must be screened for lead, but that requirement doesn’t extend to other children. Doctors will also have to consider new factors when evaluating children, such as proximity to potential sources of lead contamination. A report published last month by the Environmental Working Group showed that one-third of infants who were at risk for lead poisoning had not been tested. “The current screening process is outdated and leaves many children vulnerable to lead poisoning,” Quirk said in a statement.

Unapproved Stem Cell Treatments

Brown approved a bill that requires doctors to warn their patients before they undergo unapproved stem cell therapies. SB 512, also by Hernandez, says health care providers who offer such treatments must disclose to patients that the treatments have not been approved by the Food and Drug Administration, and urge them “to consult with your primary care physician prior to undergoing a stem cell therapy.” Health care providers may face fines for noncompliance.