Bill Text: CA AB2407 | 2011-2012 | Regular Session | Introduced

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Bill Title: Joint powers agreements: health care facilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-05-01 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2407 Detail]

Download: California-2011-AB2407-Introduced.html

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BILL NUMBER: AB 2407	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Chesbro

                        FEBRUARY 24, 2012

   An act to add Section 6523.95 to the Government Code, relating to
health care facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2407, as introduced, Chesbro. Joint powers agreements: health
care facilities.
   The Joint Exercise of Powers Act authorizes 2 or more public
agencies to enter into an agreement to jointly exercise any power
common to the contracting parties. Existing law, additionally
authorizes a private, nonprofit hospital in the Counties of Contra
Costa, Kings, Fresno, San Diego, Tuolumne, and Tulare to enter into
joint powers agreements with a public agency.
   This bill would authorize various district hospitals and private,
nonprofit hospitals in the County of Mendocino, to enter into a joint
powers agreement with the Northern California Health Care Authority,
as specified.
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the Northern California Health
Care Authority in the County of Mendocino.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 6523.95 is added to the Government Code, to
read:
   6523.95.  (a) Notwithstanding any other provision of this chapter,
any of the following district hospitals or private, nonprofit
hospitals in the County of Mendocino may enter into a joint powers
agreement with the Northern California Health Care Authority:
   (1) Frank R. Howard Memorial Hospital.
   (2) Mendocino coast District Hospital.
   (3) Northern Sonoma District Hospital.
   (4) Palm Drive Hospital.
   (5) Sonoma Valley Hospital.
   (6) St. Helena Medical Center.
   (7) Southern Humboldt District Hospital.
   (8) Ukiah Valley Medical Center.
   (b) The joint powers authority created pursuant to subdivision (a)
may perform only the following functions:
   (1) Engage in joint planning for health care services.
   (2) Allocate health care services among the different facilities
operated by the hospitals.
   (3) Engage in joint purchasing, joint development, and joint
ownership of health care delivery and financing programs.
   (4) Consolidate or eliminate duplicative administrative, clinical,
and medical services.
   (5) Engage in joint contracting and negotiations with health
plans.
   (6) Take cooperative actions in order to provide for the health
care needs of the residents of the communities they serve.
   (c) Nonprofit hospitals and public agencies participating in a
joint powers agreement entered into pursuant to subdivision (a) shall
not reduce or eliminate any emergency services, as a result of that
agreement, following the creation of the joint powers authority
without a public hearing by the authority. The joint powers authority
shall provide public notice of the hearing to the communities served
by the authority not less than 14 days prior to the hearing and the
notice shall contain a description of the proposed reductions or
changes.
   (d) This section shall not be construed to grant any power to any
nonprofit hospital that participates in an agreement authorized under
this section to levy any tax or assessment. This section shall not
permit any entity, other than a nonprofit hospital corporation or a
public agency, to participate as a party to an agreement authorized
under this section.
   (e) This section shall not authorize activities that corporations
and other artificial legal entities are prohibited from conducting by
Section 2400 of the Business and Professions Code.
  SEC. 2.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances facing the Northern California
Health Care Authority and various private nonprofit hospitals in the
County of Mendocino.