New healthcare laws in California

New healthcare laws take effect in 2023 in California. JDSupra highlights the following:

  • Telehealth providers are no longer required to establish a new patient relationship in-person for Medi-Cal beneficiaries but may use video synchronous or audio synchronous interaction.
  • Physicians are required ot post notice (at their location and website)of the CMS Open Payments database. Violations would consititute unprofessional conduct.
  • "Expressions of sympathy or regret or accepting fault relating to the pain, suffering, or death of a person or to an adverse patient safety event or unexpected health care outcome that is made prior to the filing of a lawsuit or demand for arbitration will be confidential, privileged, protected, and not subject to subpoena, discovery, or disclosure, and will not be admitted into evidence in any civil, administrative, regulatory, licensing, or disciplinary action or proceeding."
  • "A provider of health care, a health care service plan, or a contractor [is prohibited] from releasing medical information related to a child receiving gender-affirming health care or gender-affirming mental health care in response to a criminal or civil action, including a foreign subpoena, based on another state’s law that authorizes a person to bring a civil or criminal action against a person or entity that allows a child to receive gender-affirming health care or gender-affirming mental health care."
  • "Continuing education requirements for physicians and surgeons licensed in California [are expanded] to include evidence-based cultural and linguistic competency in providing medical services to TGI patients.

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