CAA Governmental Affairs/ Legislation Update
Your CAA Board and Legislative Committee
have been actively monitoring, providing
feedback, and serving as expert witnesses
for important legislative issues that
concern the profession of audiology:
Congress Overrides President's Veto on Medicare Bill
The U.S. House of Representatives successfully voted to override the President's veto of the Medicare Improvements for Patients and Providers Act of 2008 (H.R. 6331) by an overwhelming 383-41 vote. The United States Senate followed the House and approved the override by a margin of 70-26.
The bill includes a provision to stop the scheduled 10.6 % reduction on provider payments under the Medicare physician fee schedule (under which audiologists are paid) with a continuation of the current conversion factor for 2008 and an additional 1.1% update for 2009.
AB 2072 Vetoed
On September 29, 2010 AB 2072, the legislation regarding providing
parents of children with newly identified hearing loss with a pamphlet
discussing all communication options, was vetoed by Governor
Schwarzenegger. Please click here to read Governor Schwarzenegger's statement.
CAA Legislative Update - AB1535 signed
On Sunday, October 11, 2009, Governor Schwarzenegger signed 79 bills out of the 704 on his desk. Among those signed, and of interest to us were SB 821 and AB1535.
Here are the main highlights of these bills:
- Eliminates Dual Licensure for California audiologists
- Abolishes the Hearing Aid Dispensers Bureau (HADB) and merges the Bureau with the Speech, Language and Audiology Board (SLPAB)
- Reduces duplicative licensing fees for California's dispensing audiologists
- Reduces duplicative CEU requirements.
- Eliminates three hearing aid advertisement regulations that contradict our scope of practice but will remain in effort for HADs.
- Changes entry level degree in California to an AuD for audiologists graduating after 2007.
- Relaxes supervisory requirements for Audiology aides from direct to general supervision for many tasks.
- Changes RPE licensure requirements for 4th year AuD students
This was an aggressively fought battle, but thanks to our Sacramento and grass roots advocacy we won! We look forward to the improvement in regulatory enforcement which will undoubtedly result in improved hearing health care delivery for Californians. See Dave Jones' press release.
Here is the official text of AB 1535.
Here is the official text of SB 821.
As discussed at conference, the hearing which will challenge the reduction in Medical fees and benefits including the elimination of Medical Optional benefits (Gray Panthers of S.F. vs. Governor Schwarzenegger) will take place on October 22nd. Stay tuned to the website for updates. (Posted 10/12/2009)
AB 1535 Update
7/14/2009 - Last week, we did not get the votes we needed to move AB 1535 out of the Senate Business, Professions and Economics committee. We had 4 ayes and 3 noes, two abstentions and one absent vote. The opposition was there in full force, but your many letters of support, along with knowledgeable testimony, led to our bill be allowed to be resubmitted with changes for reconsideration. This meant we could come back yesterday, July 13, and ask for a re-vote. The Senate committee was very concerned with the failure rate on the test and consumer protection issues raised by the opposition. To pass out of this committee we had to address this issue. We had less than 24hours to move on an amendment, so we added new language and took an additional amendment from the committee chair.
On July 13th, we PASSED out of Committee 6-2 with one senator still absent. It was a great victory, and it happened due to your letter writing, the amendments, and some amazingly savvy advocacy. We have scaled this hurdle, but we are not done yet.
The bill in its entirety can be viewed here.
The amendments remove dual licensure. All dually licensed audiologists will be able to sell under their Audiology License after 1/31/10. All audiologists that do not currently hold dual license will need to take the current dispensers tests. Upon passing they can sell under their Audiology license. The committee used AB1535 as the vehicle to consolidate SLPAB and HADB into one entity as half of the dispensers will now be out of the Bureau.
If you have questions, please email your legislative liaisons through the links on the Board of Directors page.
(7/14/2009)
AB 1535 Passes House!
We are very pleased to announce that AB 1535 passed the Assembly floor on a 60 - 2 vote with no debate!
We are on to the Senate Business and Professions Committee.
We will need a very aggressive letter writing campaign as the opposition will undoubtedly be gearing up to try and defeat us in this committee.
Stay tuned for next steps in our mission to eliminate dual licensure! (5/28/09)
CAA Legislative Update
State Treasurer Bill Lockyer and CA Department of Finance Director Mike Genest announced on 3/27/2009 that California will only receive $8.17 billion from the Obama federal stimulus budget relief monies, less than the $10 billion that was expected or hoped for.
Because the funding has fallen short, the language in the February state budget deal eliminating all the Medi-Cal optional programs (including adult audiology services), will take effect June 1, 2010.
Also part of this deal, the state personal income tax increase will also go up from .125% to .25% for 2009 and 2010.
(Posted 04/03/2009)
Elimination of Dual Licensure
Existing law, the Speech-Language Pathologists and Audiologists Licensure Act, provides for the licensure and regulation of audiologists and defines the practice of audiology. Existing law also provides for the licensure and regulation of hearing aid dispensers, who fit or sell hearing aids, by the Hearing Aid Dispensers Bureau. Existing law exempts audiologists and individuals supervised by audiologists from the hearing aid dispenser licensure requirement if those persons do not directly or indirectly engage in the sale or offering for sale of hearing aids.
This bill would define the practice of audiology to include the selling of hearing aids and would also exempt audiologists and individuals supervised by audiologists from the hearing aid dispenser licensure requirements.
Download  AB1535. (Posted 3/1/2009)
California State Budget and Medi-Cal
In response to members' questions, the California state budget, as signed, calls for the elimination of certain Medi-Cal “optional benefits” within 90 days of passage. Thus, by July 1, 2010, these optional benefits will be eliminated for adults 21 years of age or older, including individuals with developmental disabilities. The optional benefits include:
- Audiology services
- Speech-Language Pathology services
- Adult Dental services
- Optometry services
- Optician and Optical Laboratory services
- Acupuncture services
- Podiatry services
- Chiropractor services
- Psychology services
- incontinence creams and washes
All of these services are provided at the state's option and are not federally required, but are federally reimbursed. The Obama stimulus package provides additional funds to California for Medi-Cal costs. There is language in the California budget bills to allow the optional benefits programs to carry forward upon receipt of the federal monies. Therefore, stay tuned; hopefully the elimination of benefits will never take effect. (Posted 3/1/2009, updated 7/16/2009)
Department of Healthcare Services/
Medi-Cal
Contracting for hearing aids
through bidding or negotiation process
Presented by a practitioner as a way to save money for
the State of California, this legislation would allow
trailer language to be added to the state budget and
allow Medi-Cal to enter into exclusive or non-exclusive
contracts based on bidding on negotiation for the purchase of
hearing aids. It is CAA’s position that bidding or negotiating
prices in order to fit patients with hearing aids simply adds
another layer to an already complicated process. The actual
savings in this new process is questionable as well. Will
this savings cost consumers appropriate care?
As there is no current mechanism for providers to be
paid for fi tting services alone, the risk of more providers leaving the Medi-Cal system is of great concern.
These changes will result in a lack of providers and a
lengthier wait time for Medi-Cal beneficiaries. CAA was
extremely vocal in its opposition to this legislation,
however it remained in the budget and was signed by
the governor. This directive is slated to be effective in July
of 2008. Rest assured that we will continue to work with
the Department of Health Care Services and the
legislature regarding this matter.
View CAA's
response to the DHCS request for proposals regarding the Hearing Aid
RFP
Download  response from CAA to Donna Martinez, Office of Medi-Cal Procurement, March 17, 2008.
Sunset of the Speech Language Pathology
and Audiology Board (SLPAB)
Finally, a recent development that has come about
is the impending, July 2008, sunset of the Speech
Language Pathology and Audiology Board (SLPAB).
Every few years state boards must undergo a
review process known as sunset review to
determine the need for continuation of
the board. The SLPAB was to have its
sunset review this year, however this
was delayed. SB 797 was introduced
in order to extend the sunset review
of the SLPAB because of this delay.
This is not uncommon. Unfortunately,
the legislative session ended without
SB 797 being taken up, and without
this extension bill being enacted the
SLPAB will sunset June 30, 2008. When
a board is sunsetted it reverts to a bureau.
The difference between a board and a bureau
is signifi cant for both the consumer and the
profession. While both boards and bureaus are made
up of appointees from the public and the profession,
a professional board has authority to enact rules
and regulations for consumer protection and for the
practice of the profession. A bureau has an advisory
committee which does not have this same authority.
The advisory committee can only make recommendations
with ultimate decision making vested in the
Department of Consumer Affairs (DCA). CAA will be
working with DCA, SLPAB, CSHA, and the legislature
in hopes of rectifying this matter and allowing the
SLPAB to continue to function for the protection of
consumers and our profession.
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