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Legislative Affairs Update – Wesley G. Bradford, MD, MPH, FAAFP

April 2023
Wesley G. Bradford, MD, MPH

Feb 28 was the last day of California’s COVID-19 state of emergency (after loss of >100,000 lives in California). The state will continue its long-term COVID-19 stockpiling of masks and vaccines, but public health agencies will no longer be the primary provider of COVID-19 care. (See https://www.familydocs.org/news-resources-on-the-end-of-the-public-health-emergency/.)

Federal support will expire when the nationwide COVID emergency ends May 11. (See https://www.cms.gov/files/document/what-do-i-need-know-cms-waivers-flexibilities-and-transition-forward-covid-19-public-health.pdf.)

In March 2020, DHCS established procedures for providers to enroll in the Medi-Cal program temporarily and provisionally during the COVID-19 public health emergency (PHE), by the Section 1135 waiver from the Centers for Medicare & Medicaid Services. DHCS is discontinuing these provider enrollment flexibilities effective March 29, 2023. Providers who wish to remain enrolled in fee-for-service Medi-Cal have 90 days from this date to apply for enrollment at https://pave.dhcs.ca.gov/sso/login.do.

The California Assembly Subcommittee on Health and Human Services discussed healthcare workforce in a hearing on March 13. Testimony reflected understaffing and challenges in retaining healthcare workers, causing delays in access to critical care. CAFP staff emphasized the importance of maintaining funding for the Song-Brown Primary Care Physician Training Program to address the persistent primary care workforce shortage, despite the projected budget deficit. (Pay now, or pay much more later!)

Most California counties reported difficulty recruiting mental health specialists such as Licensed Clinical Social Workers, Licensed Marriage and Family Counselors, psychiatrists, and substance use disorder counselors. In a joint hearing of the Assembly Budget Subcommittee on Health and Human Services with the Assembly Health Committee, legislators recognized the importance of primary care physicians filling the gap during the mental health workforce shortage.

Under AB 852, low volume prescribers can now request an exemption from California’s e-prescribing mandate if they meet any of the following criteria:

  • No more than 100 prescriptions/year; or,
  • Practice in a natural disaster area; or,
  • Are granted a waiver under other extraordinary circumstances.

These physicians must register with the California Board of Pharmacy with an online form at https://www.pharmacy.ca.gov/webapplications/apps/exemption_request/, to allow pharmacists to confirm exemption from the requirement.