BILL NUMBER: AB 366	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 16, 2010
	AMENDED IN SENATE  JUNE 30, 2009
	AMENDED IN ASSEMBLY  JUNE 2, 2009
	AMENDED IN ASSEMBLY  APRIL 2, 2009

INTRODUCED BY   Assembly Member  Ruskin  
Furutani 
    (   Coauthors:  
Assembly Members   Adams,  
  De La Torre,    
Jones,     and Portantino
  ) 
    (   Coauthor:  Senator   Lowenthal
  ) 

                        FEBRUARY 23, 2009

    An act to amend Section 14083 of the Welfare and
Institutions Code, relating to Medi-Cal.   An act to
amend Section 319 of the Streets and Highways Code, relating to
highways. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 366, as amended,  Ruskin   Furutani 
.  Medi-Cal: inpatient hospital services contracts:
orthopedic implantation.   State Highway Route 19:
relinquishment.  
   Existing law gives the Department of Transportation full
possession and control of all state highways. Existing law describes
the authorized routes in the state highway system and establishes a
process for adoption of a highway on an authorized route by the
California Transportation Commission. Existing law also authorizes
the commission to relinquish certain state highway segments to local
agencies.  
   This bill would authorize the commission to relinquish to the City
of Lakewood a portion of State Highway Route 19 under certain
conditions.  
   Existing law provides for 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, the California Medical Assistance Commission
is authorized to negotiate inpatient hospital services contracts that
are binding upon the department. Existing law requires the
commission to consider certain factors in negotiating inpatient
hospital services contracts or in drawing specifications for
competitive bidding.  
   This bill would add specialization in orthopedic implantation
relating to cancers of the bone to the list of factors the commission
is required to consider. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

   SECTION 1.    Section 319 of the   Streets
and Highways Code   is amended to read: 
   319.  (a) Route 19 is from Del Amo Boulevard near Long Beach to
Gardendale Street/Foster Road in the Cities of Bellflower and Downey,
and then, with an interruption of already relinquished route, from
Telegraph Road at the Downey City limit to Route 164 (Galatin Road)
at the northerly city limit of Pico Rivera.
   (b) If the commission determines it is in the state's best
interests to do so, it may do the following, pursuant to a
cooperative agreement between the  respective  city and the
department:
   (1) Relinquish to the City of Bellflower the portion of Route 19
between the city's southerly city limit near Rose Avenue and
Gardendale Street/Foster Road.
   (2) Relinquish to the City of Downey the portion of Route 19
between the city's southerly city limit at Century Boulevard and
Gardendale Street.
   (3) Relinquish to the City of Pico Rivera the portion of Route 19
between Telegraph Road and Gallatin Road. 
   (4) Relinquish to the City of Lakewood the portion of Route 19
that is within the city limits or the sphere of influence of the
city. 
   (c) A relinquishment under this section shall become effective
when the county recorder records the relinquishment resolution
containing the commissioner's approval of the relinquishment's terms
and conditions.
   (d)  (1)    Any portion of Route 19 relinquished
pursuant to this section shall cease to be a state highway on the
effective date of the relinquishment. 
   (2) The portion of Route 19 relinquished under paragraph (4) of
subdivision (b) may not be considered for future adoption under
Section 81.  
   (3) For the portion of Route 19 relinquished under paragraph (4)
of subdivision (b), the city shall ensure the continuity of traffic
flow, including any traffic signal progression, and shall maintain
signs directing motorists to the continuation of Route 19. 

  SECTION 1.    Section 14083 of the Welfare and
Institutions Code is amended to read:
   14083.  The factors to be considered by the negotiator in
negotiating contracts under this article, or in drawing
specifications for competitive bidding, include, but are not limited
to, all of the following:
   (a) Beneficiary access.
   (b) Utilization controls.
   (c) Ability to render quality services efficiently and
economically.
   (d) Demonstrated ability to provide or arrange needed specialized
services.
   (e) Protection against fraud and abuse.
   (f) Any other factor that would reduce costs, promote access, or
enhance the quality of care.
   (g) The capacity to provide a given tertiary service, such as
specialized children's services, on a regional basis.
   (h) Specialization in orthopedic implantation relating to cancers
of the bone.
   (i) Recognition of the variations in severity of illness and
complexity of care.
   (j) Existing labor-management collective bargaining agreements.
   (k) The situation of county hospitals and university medical
centers contracting with counties for provision of health care to
indigent persons entitled to care under Section 17000, which are
burdened to a greater extent than private hospitals with bad debts,
indirect costs, medical education programs, and capital needs.
   (l) The special circumstances of hospitals serving a
disproportionate number of Medi-Cal beneficiaries and patients who
are not covered by other third-party payers, including the costs
associated with assuring an adequate supply of registered nurses.
   (m) The costs of providing complex emergency services, including
the costs of meeting and maintaining state and local requirements for
trauma center designation.
   (n) The hospital does any of the following:
   (1) Provides additional obstetrical beds.
   (2) Contracts with one or more comprehensive perinatal providers.
   (3) Permits certified nurse midwives, subject to hospital rules,
and consistent with existing laws and regulations, to admit patients
to the health facility.
   (4) Expands overall obstetrical services in the hospital.
   (o) The special circumstances of hospitals whose Medi-Cal
inpatient utilization rate exceeds the mean Medicaid inpatient
utilization rate by at least one-half of one standard deviation.
   (p) The ability and capacity of the contracting hospital in a
closed health facility planning area to provide health care services
to beneficiaries who are in life threatening or emergency situations,
but have been sufficiently stabilized at another noncontracting
facility in order to facilitate transportation to the contracting
hospital.
   (q) The ability of the contracting hospital to provide a secure
environment for the provision of health care services. In this
regard, the negotiator shall consider additional security measures
that the contracting hospital may have taken to provide a secure
environment, including, but not limited to, the use of detection
equipment or procedures to detect lethal weapons, the appropriate use
of surveillance cameras, limiting access of unauthorized personnel
to the emergency department, installation of bulletproof glass as
appropriate in designated areas, the use of emergency "panic" buttons
to alert local law enforcement agencies, and assigning full-time
security personnel to the emergency department.