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Advocacy Win! Remote Waiver Bill Becomes Law in California

Gov. Gavin Newsom signed into law on September 27 Assembly Bill 2107 permitting pathologists’ remote review of digital materials after a departmental determination has been made with the Centers for Medicare & Medicaid Services (CMS) that remote review conforms to CLIA’s requirements. The CAP encouraged Gov. Newsom to sign the bill into law as California was the only state that didn’t recognize CMS’s remote sign-out guidance.

The CAP and the California Society of Pathologists (CSP) previously amended the bill to ensure only pathologists practicing in California licensed laboratories could conduct remote review and recently, amended the bill to lessen concerns from the California Department of Public Health over federal compliance. The CSP and CAP worked closely to argue that the CMS’s enforcement discretion recognizing pathologists’ remote review does not violate CLIA and noted it is recognized in 49 other states.

California must consult CMS by June 30, 2025, and must issue their determination by January 1, 2026. The CAP will continue to partner with CSP on this initiative in the coming months.

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