AB 2585: Nonpharmacological pain management treatment.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2022-08-22
Existing law sets forth the Pain Patients Bill of Rights, which grants a patient who suffers from severe chronic intractable pain the option to request or reject the use of any or all modalities to relieve their pain.
This bill would make related findings and declarations, including that the health care system should encourage the use of evidence-based nonpharmacological therapies for pain management.
Existing law sets forth the Pain Patients Bill of Rights, which grants a patient who suffers from severe chronic intractable pain the option to request or reject the use of any or all modalities to relieve their pain.
This bill would make related findings and declarations, including that the health care system should encourage the use of evidence-based nonpharmacological therapies for pain management.
Existing law sets forth the Pain Patients Bill of Rights, which grants a patient who suffers from severe chronic intractable pain the option to request or reject the use of any or all modalities to relieve their pain.
This bill would make related findings and declarations, including that the health care system should encourage the use of evidence-based nonpharmacological therapies for pain management.
Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care, and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. These provisions require specified services and drugs to be covered by various health care services plans and health insurers.This bill would permit an individual or group health care service plan contract or health insurance policy issued, amended, or renewed on or after January 1, 2023, that covers hospital, medical, or surgical expenses to provide coverage for nonpharmacological pain management treatment, as defined. Because a willful violation of these provisions by a health care service plan is a crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care, and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. These provisions require specified services and drugs to be covered by various health care services plans and health insurers.
This bill would permit an individual or group health care service plan contract or health insurance policy issued, amended, or renewed on or after January 1, 2023, that covers hospital, medical, or surgical expenses to provide coverage for nonpharmacological pain management treatment, as defined. Because a willful violation of these provisions by a health care service plan is a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Legislature finds and declares all of the following:
(a)Nonpharmacological therapies for pain management have been proven effective for treatment of chronic pain and their use should be promoted just as are pharmacological analgesic therapies.
(b)The United States Department of Health and Human Services Pain Management Best Practices Inter-Agency Task Force identified barriers to accessing nonpharmacological therapies for pain management related to health care providers that include underestimation of patients reported level of pain, including unconscious biases, workforce shortages, especially among behavioral and pain management specialists, lack of research on or lack of awareness of novel and effective approaches to pain care, and cost and reimbursement issues specific to the health care system. For patients, cost, time, and transportation barriers, as well as lack of coverage or lack of knowledge and awareness of nonpharmacological options have been identified.
(c)A multimodal and patient-centered approach to treating and managing acute or chronic pain has been recommended by the task force.
(d)Restorative, interventional, behavioral, complementary, and integrative health approaches have been identified as nonpharmacological therapies for pain management.
(e)The federal Food and Drug Administration has approved behavioral or instrument-based and nonpharmacological immersive therapeutics indicated to manage or treat pain.
(f)Nonpharmacological pain management treatment is pain management treatment without the use of medication, including behavioral therapy, instrument-based therapy, or immersive therapeutics approved by the federal Food and Drug Administration indicated for the use of managing or treating pain.
(g)Medical devices are an important option for the treatment and management of pain and prevention of opioid use disorders. With a shift in how pain is treated, there is a greater need for ensuring appropriate coverage and payment policies for effective emerging technologies.
(h)The health care system, including health care providers, health care service plans, and health insurers, should encourage the use of evidence-based nonpharmacological therapies for pain management.
The Legislature finds and declares all of the following:
(a)Nonpharmacological therapies for pain management have been proven effective for treatment of chronic pain and their use should be promoted just as are pharmacological analgesic therapies.
(b)The United States Department of Health and Human Services Pain Management Best Practices Inter-Agency Task Force identified barriers to accessing nonpharmacological therapies for pain management related to health care providers that include underestimation of patients reported level of pain, including unconscious biases, workforce shortages, especially among behavioral and pain management specialists, lack of research on or lack of awareness of novel and effective approaches to pain care, and cost and reimbursement issues specific to the health care system. For patients, cost, time, and transportation barriers, as well as lack of coverage or lack of knowledge and awareness of nonpharmacological options have been identified.
(c)A multimodal and patient-centered approach to treating and managing acute or chronic pain has been recommended by the task force.
(d)Restorative, interventional, behavioral, complementary, and integrative health approaches have been identified as nonpharmacological therapies for pain management.
(e)The federal Food and Drug Administration has approved behavioral or instrument-based and nonpharmacological immersive therapeutics indicated to manage or treat pain.
(f)Nonpharmacological pain management treatment is pain management treatment without the use of medication, including behavioral therapy, instrument-based therapy, or immersive therapeutics approved by the federal Food and Drug Administration indicated for the use of managing or treating pain.
(g)Medical devices are an important option for the treatment and management of pain and prevention of opioid use disorders. With a shift in how pain is treated, there is a greater need for ensuring appropriate coverage and payment policies for effective emerging technologies.
(h)The health care system, including health care providers, health care service plans, and health insurers, should encourage the use of evidence-based nonpharmacological therapies for pain management.
The Legislature finds and declares all of the following:
(a)Nonpharmacological therapies for pain management have been proven effective for treatment of chronic pain and their use should be promoted just as are pharmacological analgesic therapies.
(b)The United States Department of Health and Human Services Pain Management Best Practices Inter-Agency Task Force identified barriers to accessing nonpharmacological therapies for pain management related to health care providers that include underestimation of patients reported level of pain, including unconscious biases, workforce shortages, especially among behavioral and pain management specialists, lack of research on or lack of awareness of novel and effective approaches to pain care, and cost and reimbursement issues specific to the health care system. For patients, cost, time, and transportation barriers, as well as lack of coverage or lack of knowledge and awareness of nonpharmacological options have been identified.
(c)A multimodal and patient-centered approach to treating and managing acute or chronic pain has been recommended by the task force.
(d)Restorative, interventional, behavioral, complementary, and integrative health approaches have been identified as nonpharmacological therapies for pain management.
(e)The federal Food and Drug Administration has approved behavioral or instrument-based and nonpharmacological immersive therapeutics indicated to manage or treat pain.
(f)Nonpharmacological pain management treatment is pain management treatment without the use of medication, including behavioral therapy, instrument-based therapy, or immersive therapeutics approved by the federal Food and Drug Administration indicated for the use of managing or treating pain.
(g)Medical devices are an important option for the treatment and management of pain and prevention of opioid use disorders. With a shift in how pain is treated, there is a greater need for ensuring appropriate coverage and payment policies for effective emerging technologies.
(h)The health care system, including health care providers, health care service plans, and health insurers, should encourage the use of evidence-based nonpharmacological therapies for pain management.
SECTION 1.Section 1367.218 is added to the Health and Safety Code, to read:1367.218.(a)An individual or group health care service plan contract issued, amended, or renewed on or after January 1, 2023, that covers hospital, medical, or surgical expenses, may provide coverage for nonpharmacological pain management treatment.(b)For the purposes of this section, nonpharmacological pain management treatment is pain management treatment without the use of medication that includes any behavioral or instrument-based therapy approved by the federal Food and Drug Administration intended for the use of managing or treating pain.SEC. 2.Section 10126.7 is added to the Insurance Code, to read:10126.7.(a)An individual or group disability insurance policy issued, amended, or renewed on after January 1, 2023, that provides coverage for hospital, medical, or surgical benefits may provide coverage for nonpharmacological pain management treatment.(b)For the purposes of this section, nonpharmacological pain management treatment is pain management treatment without the use of medication that includes any behavioral or instrument-based therapy approved by the federal Food and Drug Administration intended for the use of managing or treating pain.SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.(a)An individual or group health care service plan contract issued, amended, or renewed on or after January 1, 2023, that covers hospital, medical, or surgical expenses, may provide coverage for nonpharmacological pain management treatment.
(b)For the purposes of this section, nonpharmacological pain management treatment is pain management treatment without the use of medication that includes any behavioral or instrument-based therapy approved by the federal Food and Drug Administration intended for the use of managing or treating pain.
SEC. 2.Section 10126.7 is added to the Insurance Code, to read:10126.7.(a)An individual or group disability insurance policy issued, amended, or renewed on after January 1, 2023, that provides coverage for hospital, medical, or surgical benefits may provide coverage for nonpharmacological pain management treatment.
(b)For the purposes of this section, nonpharmacological pain management treatment is pain management treatment without the use of medication that includes any behavioral or instrument-based therapy approved by the federal Food and Drug Administration intended for the use of managing or treating pain.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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Date
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Status
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| Aug 22, 2022 | Chaptered by Secretary of State - Chapter 160, Statutes of 2022. |
| Aug 22, 2022 | Approved by the Governor. |
| Aug 18, 2022 | Enrolled and presented to the Governor at 3:30 p.m. |
| Aug 15, 2022 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 0. Page 5876.). |
| Aug 8, 2022 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 10 pursuant to Assembly Rule 77. |
| Aug 8, 2022 | Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 4686.). |
| Aug 3, 2022 | Ordered to special consent calendar. |
| Aug 1, 2022 | Read second time. Ordered to third reading. |
| Jun 30, 2022 | Withdrawn from committee. |
| Jun 27, 2022 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 23, 2022 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 22). |
| Jun 10, 2022 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jun 1, 2022 | Referred to Com. on HEALTH. |
| May 26, 2022 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 25, 2022 | Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 0. Page 5035.) |
| May 19, 2022 | Read second time. Ordered to Consent Calendar. |
| May 18, 2022 | From committee: Do pass. To Consent Calendar. (Ayes 15. Noes 0.) (May 18). |
| Apr 27, 2022 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 14. Noes 0.) (April 26). Re-referred to Com. on APPR. |
| Mar 10, 2022 | Referred to Com. on HEALTH. |
| Feb 19, 2022 | From printer. May be heard in committee March 21. |
| Feb 18, 2022 | Introduced. To print. |
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Date
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Description
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Location
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Votes
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| Aug 15, 2022 | AB 2585 McCarty Concurrence in Senate Amendments | Assembly Floor |
Passed |
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| Aug 8, 2022 | Special Consent AB2585 | Senate Floor |
Passed |
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| May 25, 2022 | AB 2585 McCarty Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
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Bill Author
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