14132.09.
(a) An enrolled Medi-Cal provider shall supervise, as defined in paragraph (6) of subdivision (b) of Section 14132.08, an asthma preventive services provider, and the supervising Medi-Cal provider shall ensure that an asthma preventive services provider, at a minimum, complies with all of the following requirements:(1) Successfully complete a training program approved by an accrediting body, as described in Section 14132.085.
(2) (A) Successfully complete, at a minimum, 16 hours of face-to-face client
interaction training focused on asthma management and prevention within a six-month period. This training shall be overseen and assessed by a licensed physician, nurse practitioner, or physician assistant.
(B) An individual who has completed the minimum face-to-face client contact after 2007, the year of the most recent update of the National Institutes of Health’s Guidelines for the Diagnosis and Management of Asthma (EPR-3), shall be deemed to have satisfied the face-to-face client contact requirement of subparagraph (A).
(3) Successfully complete annually four hours of continuing education that is consistent with the curricula described in Section 14132.085.
(4) Provide asthma preventive services under the supervision of
a licensed Medi-Cal provider.
(5) Be employed by or under contract with an entity or a supervising licensed Medi-Cal provider that meets the requirements described in paragraph (6) of subdivision (b) of Section 14132.08.
(6) Be 18 years of age or older and have a high school education or the equivalent.
(b) An entity or supervising licensed Medi-Cal provider who employs or contracts with an asthma preventive services provider shall do all of the following:
(1) Ensure that the asthma preventive services provider meets the requirements of paragraphs (1) to (6), inclusive, of subdivision (a).
(2) Maintain written documentation of services provided by the asthma preventive services provider.
(3) Ensure that documentation of the provision of services is provided to the supervising licensed provider, as defined in paragraph (6) of subdivision (b) of Section 14132.08, the referring licensed medical provider, and, if different, the patient’s licensed primary care provider.
(c) The department shall pursue funding opportunities, including general funds, and develop payment methodologies for minor to moderate remediation when indicated necessary by the asthma preventive services provider that conducted the environmental asthma trigger assessment.
(d) An enrolled Medi-Cal provider shall seek reimbursement from
the department for the purchase of products or services, including any referred services, related to minor to moderate environmental asthma trigger remediation, as defined in paragraph (5) of subdivision (b) of Section 14132.08.
(e) (1) Except as provided in paragraph (2), Sections 14132.08, 14132.085, and this section shall be implemented only to the extent that federal financial participation is available and not otherwise jeopardized, and any necessary federal approvals have been obtained.
(2) The implementation of minor to moderate environmental asthma trigger remediation services, as defined in paragraph (5) of subdivision (b) of Section 14132.08, is not subject to the availability of federal financial participation or federal approval.
(f) (1) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department, without taking any further regulatory action, shall implement, interpret, or make specific in Sections 14132.08 and 14132.085 and this section, policies and procedures pertaining to the asthma preventive services, and applicable waivers and state plan amendments, by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions until the time regulations are adopted.
(2) Thereafter, the department, by July 1, 2023, shall adopt regulations in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(3) Beginning six months after the effective date of Sections 14132.08 and 14132.085 and this section, and notwithstanding Section 10231.5 of the Government Code, the department shall provide a status report to the Legislature on a semiannual basis until regulations have been adopted.
(g) This section neither alters the scope of practice for a health care professional nor authorizes the delivery of health care services in a setting or in a manner that is not authorized under the Health and Safety Code or the Business and Professions Code.