CNS March 2023 Legislation Update – Steve Cattolica

California Neurology Society CNS • April 4, 2025

Please read below on the following Bills we are following in the interest of all neurologists practicing in California

CNS Co-sponsors SB 636 (Cortese)

Senator Cortese is Chair of the policy committee that debates and then votes on bills dealing with insurance and employee relations issues – specifically workers compensation issues. Through the efforts of both the Union of American Physicians and Dentists (UAPD), a group our own Dr. Bob Weinmann served as President, and The American Federation of State, County and Municipal Employees (AFSCME), Senator Cortese has authored SB 636. SB 636 is a bill that will require Duty of Care and a California medical license be the law of the land for all utilization review physicians in our workers compensation system. For the first time since utilization review became part of California’s work comp system, the oversight of utilization review physicians will be the same whether the individual is hurt at work or not.

The California Supreme Court in the case, King v CompPartners made a special point to urge the Legislature to realize “the workers’ compensation system and the utilization review process in particular, may not be working as the Legislature intended.” It later repeated the request by writing, “The limited record here raises doubts as to whether King’s utilization review was handled properly. The Legislature may wish to examine whether the existing safeguards provide sufficient incentives for competent and careful utilization review.” SB 636 will right the wrong and the blatant lack of accountability that nearly killed Mr. King when an out of state UR physician cut off his medications with no warning or contingency plan…and no way in current law to hold that doctor accountable.

The CNS co-sponsors SB 636 along with the UAPD. CNS will be reaching out to members and others in the medical community (CMA supports the bill as well) to urge their representatives to vote aye on SB 636.

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CNS Sponsors AB 734 (McCarty)

Assembly Bill 734 by Assemblymember Kevin McCarty (Sacramento) will restrict youngsters 12 and under, from playing organized tackle football because of the increased propensity to TBIs at that age.

In its sponsorship letter to Assemblymember McCarty, CNS makes the point that, “Compared to other sports for youth, tackle football is associated with the highest incidence of so-called “mild” traumatic brain injury (mTBI). A child who plays tackle football is likely to sustain 23 times more significant head impacts (concussions) than a child who plays flag or “touch” football. Concussion symptoms, while seemingly mild in some cases, are overt signs of brain injury.”

CNS goes on to comment that, “The National Football League (NFL) itself protects its players with multimillion dollar padding systems, artificial intelligence analytics and even requires flag football be played in its final event each year, the “Pro Bowl.”

Granted the pros are grown adults, but safety has become a driving force in this, one of the most violent and injury-prone of sports. There’s a lot of money at stake in the pro game….and many, many past players are paying a horrific price, and much is now known about why.

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SB 357 (Portantino)

CNS has written a letter to Senator Portantino in support of SB 357 which would change California’s mandated reporting of any condition characterized by loss of consciousness or motor control regardless of whether the condition is currently under medical control, truly represents a threat to safe driving or is judged by the reporting physician to be in the best interest of the patient or public safety.

The bill reflects the fact there is no evidence of an increase in traffic accidents related to this policy difference. In fact, mandatory reporting has been shown to result in more patients with seizures driving without a license and expressing reluctance to inform their physicians if they do have a seizure.

Successful passage of this bill will reinforce implicit trust in the doctor-patient relationship and removes the unsubstantiated requirement of doctors to report. The CNS position for voluntary rather than mandatory reporting is in kind with both the American Academy of Neurology and California Medical Association in favoring voluntary vs mandatory reporting.

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CNS support has been formally requested by Dr. Steven Holtz for SB 652 (Umberg). Senator Umberg’s bill is sponsored by the Consumer Attorneys of California (CAOC), the professional association for plaintiffs’ attorneys.

Their bill will codify longstanding law regarding the proper standard for expert witness testimony. CAOC has asked the CNS for a letter in support of the bill at its first opportunity.

The fact sheet states that at the present time, because of a faulty court finding in August 2022, a two-tier definition of “expert witness” has evolved. Since expert witness testimony can be the basis to grant or deny TBI benefits (for example), two different definitions of “expert” - a stricter one for plaintiffs than the defense –would likely yield a finding in the plaintiff's favor. In other words, the defense and plaintiff are held to two different definitions of "expert witness." The result grants the defense the upper hand.

Of course, TBI is not the only injury that might be involved in such a lawsuit, and it may not be involved at all sometimes. CAOC is seeking CNS support because TBI would be an injury where a neurologist might certainly be considered an expert.

Doctor Holtz presented the AAN course on testimony by medical experts for 5 years and sees the importance of supporting an even playing field.

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CNS is also considering a position on AB 387 (Aguiar-Curry)

AB 387 would amend the Health and Safety Code by expanding the number of members serving on the Alzheimer’s Disease and Related Disorders Advisory Committee from 14 to at least 21, but not more than 25, members. The bill would also specify the qualifications of certain members on the committee. The bill would revise (expand) references to Alzheimer’s disease to include related disorders.

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Quick recap The team discussed the financial implications of transportation for people with epilepsy and proposed potential solutions, including allocating a dollar from truck registration towards retraining or local transportation budgets. They also discussed healthcare policies, particularly a bill aiming to align the standards of administering life-saving medicines to people with seizures in adult day centers with FDA standards. Lastly, they discussed the risks of head injuries in children playing tackle football and the potential for introducing a bill to raise awareness about the impact of head injuries on children's brain development. Next steps Selim to send conference information to Sean Porter. Selim to create or coordinate creation of a formal invitation for the legislative reception on May 1st. Johanna to contact Sean Porter about potential legislation sponsorship and discuss the epilepsy transportation issue. Stella to write a letter to the NFL praising them for flag football and encouraging them to promote safety in youth football. Johanna to resubmit the full CMA resolution documents, ensuring all content fits within the submission guidelines. Selim to contact the Governor's office and healthcare representatives to invite them to speak at the May 1st legislative day. Johanna to attend the CMA legislative day on May 21st, arriving the night before. Jeff to attend the CMA legislative day on May 21st. Legislative team to continue pursuing the head injury bill with potential sponsors. Johanna to follow up with Michelle Rodriguez's office about attending the May 1st reception and potentially meeting with the team. Summaries Transportation Funding for Epilepsy Patients Johanna discussed the financial implications of transportation for people with epilepsy, suggesting that those who cannot drive due to their condition should receive a portion of the taxes paid by those who can drive. She proposed a potential solution of allocating a dollar from the registration of 18-wheeler trucks towards retraining or budget for local transportation departments. Steve agreed with Johanna's points about the funding and taxation system, but expressed concerns about the feasibility of taxing truck drivers due to their strong union. The conversation ended with Stella and Nick joining the conversation. Healthcare Policy Discussion and Support Selim, Dr. Stella Legarda, Dr. Joanna Rosenthal, and Steve Cattolica met with Nick, a legislative representative, to discuss healthcare policies. They expressed support for a bill, Assembly Bill 369, which aims to align the standards of who can administer life-saving medicines to people with seizures in adult day centers with FDA standards. They also discussed the possibility of Nick's office giving a talk about the bill at their upcoming conference in Sacramento. Additionally, they mentioned a previous bill, the Levine Bill, which they supported and was recently passed. Addressing Tackle Football Risks in Children Johanna and Stella discussed the risks of head injuries in children playing tackle football, particularly in the developing brain. They mentioned a bill that partially went through last year, which required parents to sign a waiver acknowledging the risks. They also discussed a study by Boston University's CTE Center, which found that 100% of professional football players under 30 had chronic traumatic encephalopathy (CTE). Stella suggested that the National Football League should prioritize long-term brain health in children and proposed a joint resolution between the House and Senate to create an age limit for tackle football, similar to other contact sports. Addressing Head Injuries and Epilepsy In the meeting, Johanna, Stella, and Nick discussed the possibility of introducing a bill to raise awareness about the impact of head injuries on children's brain development and the subsequent challenges faced by those affected. They agreed that the bill should be the primary focus, with a resolution as a fallback option. Nick committed to discussing the idea with his team and superiors, acknowledging the challenge of securing funding in the current budget deficit. The team also discussed the potential for job training programs and transportation assistance for individuals with epilepsy who lose their driver's licenses. The conversation ended with the understanding that the issue is underserved and needs to be addressed. Bill Language and Legislative Session Nick agreed to follow up on the ideas discussed with his team and send the bill language to Stella for support. Johanna reminded Nick of a February 21st deadline for new legislation and asked about the number of bills his department was sponsoring. Nick clarified that they were limited due to the shortened session and the new member's role. Johanna proposed an invitation for Nick's department to attend the legislative session on May 1st and visit the office in the Capitol. Nick agreed to this and provided Selim with the scheduler's email. Steve expressed his appreciation for the bill and the progress it aimed to achieve. State Funding and Project Income Johanna and Stella discussed the challenges of generating income for their projects and the need to approach the state for funding. They also discussed their interactions with the Principal Consultant on the Senate Transportation Committee, Melissa White, who advised them against asking for money, suggesting instead to extend the service to the population. Johanna expressed her belief that they could find a workaround and generate income from the state, while Stella emphasized the importance of presenting their goals clearly and avoiding the perception of asking for extra money. They agreed to continue their efforts and to invite the legislative assistant to a meeting to further discuss their plans. Youth Sports Concussion Prevention Efforts Stella, Johanna, and Selim discussed the committee's legislative efforts, particularly focusing on concussion prevention in youth sports. They agreed on the need for a joint resolution between the House and the Senate to limit contact sports for under-12s, rather than a bill. They also discussed the potential for using the legislation as a bargaining chip with the NFL. Johanna mentioned that she had sent letters to the NFL and other organizations, and Stella suggested writing a letter to the NFL praising their adoption of flag football. The team also discussed the importance of Selim speaking up in meetings, as he has a strong understanding of the legislative process. Lastly, they planned to invite representatives from the Governor's office to their upcoming legislative day. Epilepsy Medication and Transportation Discussion Johanna, Stella, Jeff, and Selim discussed various topics, including epilepsy medication, transportation for epilepsy patients, and potential legislation. Stella mentioned a bill she was involved with last year, which allowed school personnel to administer epilepsy medication to students. Johanna suggested a new approach to claw back some of the money epilepsy patients pay for transportation they can't use. Jeff agreed, stating that it wouldn't cost much for transportation agencies to provide free transportation for epilepsy patients. They also discussed the possibility of bringing the issue to a state level, as opposed to individual municipalities. Selim asked about reaching out to Sean Porter, and Johanna agreed to do so. Lastly, they discussed the upcoming CMA resolutions and the possibility of attending a legislative day on May 21st.
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Legislative Committee Meeting Minutes Here is a summary of the meeting: Steve C: Set up a May 1 meeting with the governor’s office Health staffer. Start a template letter for staffers to present. Start a template letter to write to the DOJ regarding MOC, to co-author with Bob and Stella. Selim: Contact offices of representatives to request 15-minute meetings on May 1. Sign the organization onto CapitolTrack, with Jeff and Stella covering the monthly charge until Robyn Treasurer takes over. Organize Capitol visits to member offices with Johanna. Jeff K: Contact the CMA chief lobbyist to discuss closer cooperation on health bills on May 1. Contact Rebekah about resurrecting the youth tackle bill. Contact Ramos of Appropriations to discuss the $2M budget and also reach out to the Surgeon General. Find a speaker for an update on neuromuscular disease for the program meeting on Tuesday. Stella: Send a letter invitation to Ravindra Chandrashekh to speak on May 1 about MOC and its negative impact on patient care. Work with Johanna on the May 1 agenda, tentatively including: 8:00 -8:15 AM: "Making the Sausage" with Garrett Jansen 8:15 to 8:30 AM: "Working Together" with a CMA lobbyist 8:30 -9:00 AM: presentations about each BIll Concussion Epilepsy Prior auth and UR 10:00 AM: Questions part of the team visits offices, anyone else can stay for AAN and General neurologist MOC 11:30 AM: Lunch break 1:00 pm - 2:30 PM: Capitol tour 3:00 PM: Break 3:30 PM - 6:30 PM: CNS Reception Request an AAN speaker to discuss the need for general neurologist training emphasis while at Neurology on the Hill. Johanna: Add the need for general neurologist training emphasis to the survey. Add other items to the survey. Prepare meeting minutes with Dorian.
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Legislative Committee Meeting Minutes Here is a summary of the meeting:  The UAPD, celebrating 52 years in business and present in six states, primarily consists of MDs, NPs, mid-levels, and some dentists. George Osborne, hired by Dr. Weinmann over 20 years ago, attended the meeting. Two UAPD-sponsored bills were signed by the governor, but SB636, despite multiple attempts over 20 years, remains vetoed. Private sector doctors can join UAPD for an annual fee of $477. The governor signed AB310, addressing data collection disparities between private and public sector services. LA County doctors, with about 1,200 members, considered a strike last year. UAPD successfully introduced AB2889 to remove punitive sanctions for unlawful strikes. The state is hiring private doctors over civil service ones, leading to a disparity in pay. Current bills include one from Assemblywoman Baines and another from Dr. Joaquin Arrambula, an ER doctor. Dr. Weber, a pediatrician from San Diego, is also involved. The supervision of NPs has been a long-standing issue, with full autonomy at the county level but not at the state level. The UAPD is concerned about scope creep and the increasing roles of mid-levels. Psychiatry needs more doctors, and there is a high turnover due to term limits. The Medical Board, now more political, is seen as disciplining doctors rather than supporting them. Dr. Klingman discussed the need for supervision of NPs. Johanna raised concerns about Medicare privatization and lack of oversight. Dr. Klingman suggested a union for private doctors. Specialists face billing challenges, and Blue Cross and Blue Shield are accused of defrauding Medicare. Hospitals are losing money and closing. The Workers Compensation doctors are exempt from duty of care. The UAPD is considering a lawsuit for discrimination and working with the California Chamber of Commerce. The idea is to involve Public Employees in Workers Compensation cases. Newsom, seen as healthcare-friendly, will be replaced in 2026. The UAPD's agenda includes engaging neurologists in the legislature and addressing issues like drug expenses and transportation for epilepsy patients. Prior authorization for neurology should involve independent neurologists, and there are concerns about the cost and effectiveness of prior authorizations. The UAPD is considering a referendum on concussions.
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The September 19, 2024, LEDGE meeting focused on addressing challenges in physician board certification and advocating for increased choice among certification boards. The discussion, led by Paul Matthews, centered on empowering physicians to select from multiple recertification options, emphasizing the need for competition to improve the healthcare system.  Summary of LEDGE Meeting Minutes (September 19, 2024) The September 19, 2024, LEDGE meeting focused on addressing challenges in physician board certification and advocating for increased choice among certification boards. The discussion, led by Paul Matthews, centered on empowering physicians to select from multiple recertification options, emphasizing the need for competition to improve the healthcare system. 1. Main Topic: Physician Choice in Certification ◦ Discussion led by Paul Matthews emphasized advocating for physician options among certification boards (AOA, ABPN, NBPS). ◦ The goal is to address the lack of competition in the certification space, arguing that physicians deserve multiple recertification choices. ◦ Highlighted the existing precedent: AAN endorses multiple boards (e.g., UCNS and ABPN for Neurocritical Care). 2. Action Plan and Contributors: ◦ Letter Drafting: A key strategy is to draft a letter co-signed by state neurological societies, spearheaded by Dorian , Stella , and Johanna . ◦ The letter will articulate unified support for board certification options, targeting the AAN and CMA. ◦ Paul Matthews suggested leveraging media outlets like Practical Neurology and Neurology Reviews, with potential support from Allan Rapaport, to publicize efforts. 3. Next Steps: ◦ Initial focus on collaboration with the Massachusetts Neurology Society and California Neurology Society . ◦ October 2024 is a target to engage with the California Medical Association (CMA) to build broader support. ◦ Use CMA’s House of Delegates to push for rule changes, as most delegates are reportedly sympathetic. 4. Challenges: ◦ Steve Holtz pointed out that the CMA's historical focus on surgeons and generalists limits their attention to neurology issues. ◦ Holtz emphasized prioritizing state society endorsements to "build the armory" before approaching broader entities like the AAN. 5. Key Recommendations: ◦ Garner letters of support from additional state neurology societies to create national momentum. ◦ Engage with organizations like the United Council of Neurological Subspecialties (UCNS) , already endorsed by AAN, as potential allies. ◦ Address independent boards such as the American Board of Clinical Neurophysiology and Neurodiagnostic Medicine as part of broader coalition-building efforts. 6. Conclusion: ◦ The consensus is that a coordinated, state-led initiative is crucial for influencing national organizations like the AAN. ◦ Paul Matthews stressed the importance of making the letter widely known to generate visibility and pressure that cannot be ignored.
By California Neurology Society CNS April 4, 2025
California Senate Bill 636 (SB-636) focuses on workers' compensation and the utilization review (UR) process. Introduced by Senator Cortese, the bill amends Section 4610 of the California Labor Code. Here are some key points: • Medical Professional Licensing: SB-636 requires that medical professionals performing UR for California workers' compensation claims be licensed in California • Fairness and Transparency: The bill aims to enhance fairness, transparency, and accountability within the UR process by ensuring that evaluations of medical necessity and appropriateness of treatments are conducted by qualified professionals • Governor's Veto: The bill was vetoed by Governor Newsom, citing concerns about its implementation Click here to read the Governor's letter regarding Senate Bill 636
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