Legislature Returns to the Capitol
After adjourning for an early, extended spring recess on March 20 due to the COVID-19 State of Emergency, the Legislature returned to the Capitol this month and is back in session. Although work has resumed, access to the Capitol remains limited and most legislative staff continue to work from home. Floor sessions are still not occurring and likely will not resume until June. This month, both houses are holding policy and budget committee hearings to pass some bills and deliberate on the “workload” budget that must be passed by June 15. Revised legislative calendars for the remainder of the year have been released, reflecting new deadlines and shortened summer recesses due to COVID-19. Many bills introduced by legislators in January and February are being tabled for the year, and the renewed focus of the Legislature is COVID-19 response and recovery.
On May 14, Governor Newsom released his revised 2020-21 State Budget (“May Revise”), which takes into consideration the state’s projected $54.3 billion deficit due to the COVID-19-induced recession. With a projected 18 percent statewide unemployment rate for 2020 and 4.6 million Californians collecting unemployment benefits, the revised budget cuts $19 billion in the current budget year, projecting that a structural out-year deficit will remain past 2020-21, increasing by an additional $16 billion by 2023-24. Programs across the board are being cut, including those in the health and human services space. Prior proposed rate increases or program expansions are being eliminated or reduced while Medi-Cal caseload is expected to increase by two million lives to 14.5 million by July 2020. Among other things, the revised budget eliminates the proposed expansion of full-scope Medi-Cal benefits to older undocumented adults, reduces adult dental benefits and delays implementation of CalAIM, which is the Administration’s initiative to reform the Medi-Cal Program.
Now that the May Revise has been released, budget subcommittees in the Senate and Assembly are quickly meeting to review the proposals. Ongoing negotiations between the Governor and Democratic leaders will rapidly proceed in an effort to resolve major differences in revenues and shortfalls until a budget deal is reached. The Legislature will pass the budget by June 15. The Governor must sign the budget by June 30.
The California Association for Nurse Practitioners (CANP) has urged Governor Newsom to use his executive authority to allow nurse practitioners to practice independently, and on March 30, Newsom issued an Executive Order allowing the Department of Consumer Affairs to waive licensing and scope of practice requirements for DCA licensees. Pursuant to that authority, DCA issued waivers on April 14 eliminating the 1:4 physician supervision ratio for nurse practitioners, physician’s assistants and certified nurse midwives with respect to the furnishing or ordering of drugs or devices. The waiver is effective for 60 days, unless further extended.
The DCA did not grant a waiver of laws and regulations that require standardized procedures and physician supervision for NPs during the COVID pandemic. However, CANP is still advocating to pass AB 890 (Wood), which would allow NPs to practice independently. It passed out of the Assembly in January and will be heard in the Senate next.
CANP is also supporting AB 2520 by Assemblyman David Chiu (D-San Francisco), which expands the public benefit programs for which access to free medical records is required and clarifies that legal aid advocates can access medical records at no charge for patents regarding eligibility for a public benefit program. CANP was successful in securing an amendment to add nurse practitioners as health care providers under the bill. It passed out of Assembly Health Committee on May 18 with no opposition and continues to move through the legislative process.
CANP continues to advocate for NPs and their patients during this unprecedented time. For more information about the latest legislative happenings, please visit canpweb.org/advocacy.org.