Bill Text: CA AB75 | 2009-2010 | Regular Session | Amended
Bill Title: Medi-Cal.
Sponsorship: Moderate Partisan Bill (Democrat 4-1)
Status: (Engrossed - Dead) 2009-08-20 - In committee: Set, final hearing. Hearing canceled at the request of author. [AB75 Detail]
Download: California-2009-AB75-Amended.html
BILL NUMBER: AB 75 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2009
AMENDED IN ASSEMBLY MARCH 11, 2009
INTRODUCED BY Assembly Member Huffman
( Coauthor: Assembly Member
Evans )
(Coauthors: Senators Harman Ducheny,
Harman, and Wiggins)
DECEMBER 16, 2008
An act to amend Section 14166.245 of the Welfare and Institutions
Code, relating to Medi-Cal , and declaring the urgency thereof,
to take effect immediately .
LEGISLATIVE COUNSEL'S DIGEST
AB 75, as amended, Huffman. Medi-Cal.
Existing law establishes the Medi-Cal program, administered by the
State Department of Health Care Services, under which qualified
low-income persons are provided with health care services.
Under existing law, for certain hospitals that receive Medi-Cal
reimbursement from the State Department of Health Care
Services department and that are not under
contract with the State Department of Health Care Services
department pursuant to specified existing law,
interim payments and cost report settlements for inpatient hospital
services provided on and after July 1, 2008, are reduced by 10%, as
specified. Existing law revises the amount of these payments,
beginning on October 1, 2008, pursuant to a specified formula.
Existing law exempts certain small and rural hospitals and certain
open health facility planning areas from this revised formula.
Existing law, for purposes of interim payments, exempts
specifically provides that open health facility
planning areas with 3 or more hospitals with licensed general acute
care beds are not exempt from this revised formula.
Existing law, for purposes of the cost report settlements,
exempts specifically provides that open health
facility planning areas with more than 3 hospitals with licensed
general acute care beds are not exempt from this revised
formula.
This bill would revise both of the above exemptions
provisions to prohibit a state-owned or
state-operated hospital from being included in determining the number
of hospitals in an open health facility planning area.
This bill would revise the cost report settlement
exemption provision by requiring that an open
health facility planning area have 3 or more specified hospitals,
instead of more than 3 specified hospitals.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The Legislature, in enacting Chapter 758 of the Statutes of
2008, intended that a state-owned or state-operated hospital not be
included in determining the number of hospitals with licensed general
acute care beds in an open health facility planning area for
purposes of the exceptions in subdivisions (b) and (c) of Section
14166.245 of the Welfare and Institutions Code.
(b) The Legislature, in enacting Chapter 758 of the Statutes of
2008, intended that the exceptions in subdivisions (b) and (c) of
Section 14166.245 of the Welfare and Institutions Code for a hospital
in an open health facility planning area both be applicable if the
open health facility planning area has three or more hospitals with
licensed general acute care beds.
(c) It is the intent of the Legislature, in enacting this bill, to
construe and clarify the meaning and effect of existing law.
SEC. 2. Section 14166.245 of the Welfare and Institutions Code, as
amended by Section 57 of Chapter 758 of the Statutes of 2008, is
amended to read:
14166.245. (a) The Legislature finds and declares that the state
faces a fiscal crisis that requires unprecedented measures to be
taken to reduce General Fund expenditures to avoid reducing vital
government services necessary for the protection of the health,
safety, and welfare of the citizens of the State of California.
(b) (1) Notwithstanding any other provision of law, except as
provided in Article 2.93 (commencing with Section 14091.3), for
hospitals that receive Medi-Cal reimbursement from the State
Department of Health Care Services and that are not under contract
with the State Department of Health Care Services pursuant to Article
2.6 (commencing with Section 14081), the amounts paid as interim
payments for inpatient hospital services provided on and after July
1, 2008, shall be reduced by 10 percent.
(2) (A) Beginning on October 1, 2008, amounts paid that are
calculated pursuant to paragraph (1) shall not exceed the applicable
regional average per diem contract rate for tertiary hospitals and
for all other hospitals established as specified in subparagraph (C),
reduced by 5 percent, multiplied by the number of Medi-Cal covered
inpatient days for which the interim payment is being made.
(B) This paragraph shall not apply to small and rural hospitals
specified in Section 124840 of the Health and Safety Code, or to
hospitals in open health facility planning areas that were open
health facility planning areas on October 1, 2008, unless either of
the following apply:
(i) The open health facility planning area at any time on or after
July 1, 2005, was a closed health facility planning area as
determined by the California Medical Assistance Commission.
(ii) The open health facility planning area has three or more
hospitals with licensed general acute care beds. A state-owned or
state-operated hospital shall not be included in determining the
number of hospitals in the open health facility planning area.
(C) (i) For purposes of this subdivision and subdivision (c), the
average regional per diem contract rates shall be derived from
unweighted average contract per diem rates that are publicly
available on June 1 of each year, trended forward based on the trends
in the California Medical Assistance Commission's Annual Report to
the Legislature. For tertiary hospitals, and for all other hospitals,
the regional average per diem contract rates shall be based on the
geographic regions in the California Medical Assistance Commission's
Annual Report to the Legislature. The applicable average regional per
diem contract rates for tertiary hospitals and for all other
hospitals shall be published by the department on or before October
1, 2008, and these rates shall be updated annually for each state
fiscal year and shall become effective each July 1, thereafter.
Supplemental payments shall not be included in this calculation.
(ii) For purposes of clause (i), both the federal and nonfederal
share of the designated public hospital cost-based rates shall be
included in the determination of the average contract rates by
multiplying the hospital's interim rate, established pursuant to
Section 14166.4 and that is in effect on June 1 of each year, by two.
(iii) For purposes of this section, a tertiary hospital is a
children's hospital specified in Section 10727, or a hospital that
has been designated as a Level I or Level II trauma center by the
Emergency Medical Services Authority established pursuant to Section
1797.1 of the Health and Safety Code.
(D) For purposes of this section, the terms "open health facility
planning area" and "closed health facility planning area" shall have
the same meaning and be applied in the same manner as used by the
California Medical Assistance Commission in the implementation of the
hospital contracting program authorized in Article 2.6 (commencing
with Section 14081).
(c) (1) Notwithstanding any other law, for hospitals that receive
Medi-Cal reimbursement from the State Department of Health Care
Services and that are not under contract with the State Department of
Health Care Services, pursuant to Article 2.6 (commencing with
Section 14081), the reimbursement amount paid by the department for
inpatient services provided to Medi-Cal recipients for dates of
service on and after July 1, 2008, shall not exceed the amount
determined pursuant to paragraph (3).
(2) For purposes of this subdivision, the reimbursement for
inpatient services includes the amounts paid for all categories of
inpatient services allowable by Medi-Cal. The reimbursement includes
the amounts paid for routine services, together with all related
ancillary services.
(3) When calculating a hospital's cost report settlement for a
hospital's fiscal period that includes any dates of service on and
after July 1, 2008, the settlement for dates of service on and after
July 1, 2008, shall be limited to the lesser of the following:
(A) Ninety percent of the hospital's audited allowable cost per
day for those services multiplied by the number of Medi-Cal covered
inpatient days in the hospital's fiscal year on or after July 1,
2008.
(B) Beginning for dates of service on and after October 1, 2008,
the applicable average regional per diem contract rate established as
specified in subparagraph (A) of paragraph (2) of subdivision (b),
reduced by 5 percent, multiplied by the number of Medi-Cal covered
inpatient days in the hospital's fiscal year, or portion thereof.
This subparagraph shall not apply to small and rural hospitals
specified in Section 124840 of the Health and Safety Code, or to
hospitals in open health facility planning areas that were open
health facility planning areas on July 1, 2008, unless either of the
following apply:
(i) The open health facility planning area at any time on or after
July 1, 2005, was a closed health facility planning area as
determined by the California Medical Assistance Commission.
(ii) The open health facility planning area has three or more
hospitals with licensed general acute care beds. A state-owned or
state-operated hospital shall not be included in determining the
number of hospitals in the open health facility planning area.
(d) Except as provided in Article 2.93 (commencing with Section
14091.3), hospitals that participate in the Selective Provider
Contracting Program pursuant to Article 2.6 (commencing with Section
14081) and designated public hospitals under Section 14166.1, except
Los Angeles County Martin Luther King, Jr./Charles R. Drew Medical
Center and Tuolumne General Hospital, shall be exempt from the
limitations required by this section.
(e) Notwithstanding the rulemaking provisions of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, the director may implement and administer this
section by means of provider bulletins, or other similar
instructions, without taking regulatory action.
(f) The director shall promptly seek all necessary federal
approvals in order to implement this section, including necessary
amendments to the state plan.
(g) Notwithstanding any other provision of this section, small and
rural hospitals, as defined in Section 124840 of the Health and
Safety Code, shall be exempt from the payment reductions set forth in
this section for dates of service on and after November 1, 2008.
(h) For hospitals that are subject to clauses (i) and (ii) of
subparagraph (B) of paragraph (2) of subdivision (b) and that choose
to contract pursuant to Article 2.6 (commencing with Section 14081),
the California Medical Assistance Commission shall negotiate rates
taking into account factors specified in Section 14083.
(i) (1) In January 2010 and in January 2011, the department and
the California Medical Assistance Commission shall submit a written
report to the policy and fiscal committees of the Legislature on the
implementation and impact of the changes made by this section,
including, but not limited to, the impact of those changes on the
number of hospitals that are contract and noncontract, patient
access, and cost savings to the state.
(2) On or before January 1, 2012, the department, in consultation
with the California Medical Assistance Commission, shall report on
the implementation of this section. The report shall include, but not
be limited to, information and analyses addressing patient access,
capacity and needs within the health facility planning area,
reimbursement of hospital costs, changes in the number of open and
closed health facility planning areas, the impact of this section on
the extent of hospital contracting, and fiscal impact on the state.
(j) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 3. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to ensure that hospitals are financially able to serve
California's Medi-Cal recipients at the earliest possible time, it is
necessary that this act take effect immediately.
