BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1503
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 1503 (Lieu)
          As Introduced February 27, 2009
          Majority vote 

           HEALTH              17-0        APPROPRIATIONS      16-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Jones, Fletcher, Adams,   |Ayes:|De Leon, Nielsen,         |
          |     |Ammiano, Block, Carter,   |     |Ammiano,     Charles      |
          |     |Conway, De Leon, Gaines,  |     |Calderon, Davis, Duvall,  |
          |     |Hall, Hayashi, Hernandez, |     |Krekorian, Hall, Harkey,  |
          |     |Bonnie Lowenthal, Nava,   |     |Miller,   John A. Perez,  |
          |     |V. Manuel Perez, Salas,   |     |Price, Skinner, Solorio,  |
          |     |Audra Strickland          |     |Audra Strickland,         |
          |     |                          |     |Torlakson                 |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Requires emergency room physicians (physician) to  
          provide a discount payment policy for uninsured and specified  
          low-income patients and revises the conditions under which  
          physicians may seek uncompensated care payments through a Maddy  
          Emergency Medical Services Fund (Maddy Fund).  Specifically,  
           this bill  :  

          1)Requires physicians seeking payment for services through the  
            Maddy Fund to have and implement a discount payment policy  
            consistent with this bill.

          2)Requires a physician to determine if a patient qualifies for a  
            hospital's charity care payment policy, and, if the patient  
            does qualify, authorizes the physician to bill the Maddy Fund.

          3)Makes uninsured patients, and patients with incomes below 350%  
            of the federal poverty level with medical costs exceeding 10%  
            of their income, eligible to apply for a discount payment from  
            the physician, and requires the physician to limit payment for  
            services from an eligible patient to the amount the physician  
            would receive through Medicare, Medi-Cal, the Healthy Families  
            Program, or another governmental program, whichever is  
            greater.

          4)Requires physicians to provide patients receiving emergency  
            care, not admitted to the hospital, with specified written  








                                                                  AB 1503
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            notice describing the availability of a discount program and  
            the eligibility standards for that program. 
           
          5)Prohibits wage garnishments or liens, and prohibits sale of a  
            patient's home during their lifetime, as a means of collecting  
            debts for persons participating in the discounted cost  
            program.  Prohibits sending unpaid bills to collection if an  
            eligible individual is making a good faith effort to settle an  
            outstanding bill.  Imposes other specified limits on  
            collections.

           EXISTING LAW  :

          1)Authorizes each county to establish a Maddy Fund supported by  
            penalty assessments on criminal and traffic violations and  
            specifies that the fund be used to reimburse hospitals and  
            physicians for uncompensated emergency medical services.

          2)Requires each hospital, as a condition of licensure, to  
            maintain policies providing reduced cost care, as defined, to  
            uninsured and low-income individuals.

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, no direct fiscal effect to the Department of Health  
          Care Services or to the Department of Public Health.  The  
          Appropriations Committee found unknown effects on Maddy Funds  
          resulting from simplified access to the funds. 

           COMMENTS  :  Health Access California, sponsor of this bill,  
          states the intent of this legislation is to provide uninsured  
          and underinsured consumers affordable physician care in  
          emergency rooms and to provide consumer protections from overly  
          aggressive medical collections activity.  Uninsured individuals,  
          according to Health Access, treated in emergency rooms, are  
          frequently charged much more than insured patients are charged  
          for the same service.  Health Access also reports that debt  
          collections from uninsured patients are routinely and vigorously  
          employed to recover medical debt.  The author notes that this  
          bill is modeled on a very similar program instituted in  
          hospitals last year.

          Existing law authorizes each county to establish a Maddy Fund.   
          The Maddy Fund is dedicated to reimbursement of physicians and  
          hospitals for uncompensated emergency medical care.   








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          Approximately 50 counties have established Maddy Funds.   
          Counties finance these funds principally through penalty  
          assessments on criminal and traffic violations.  

          The UCLA Center for Health Policy Research reports that job  
          based health insurance coverage continues to decline in this  
          state.  More than 6.5 million Californians under age 65 (more  
          than one in five nonelderly residents) went without health  
          insurance at some point in 2007.  Employment based coverage of  
          adults has declined from 56.4% of employees to 54.3% in recent  
          years.  UCLA reports that the erosion of job-based insurance is  
          most severe for low- and moderate-income adults who usually do  
          not qualify for any public insurance programs. 

          Previous legislation: AB 774 (Chan), Chapter 755, Statutes of  
          2006 requires hospitals to provide discounted services to  
          uninsured and underinsured consumers in a program substantially  
          similar to that required by this bill.  Under AB 774, hospitals  
          may charge eligible patients the higher rates of Medicare,  
          Medi-Cal, or another government program.  AB 774 directs  
          hospitals to give uninsured and underinsured individuals a  
          specified period of time to qualify for insurance coverage or to  
          negotiate a payment plan with the hospital.

          The Western Center on Law and Poverty supports the bill because  
          so many Californians, more than six million individuals, depend  
          on emergency rooms for their health care, but pay very high  
          charges because uninsured individuals have no insurer to  
          negotiate rates on their behalf.  The California Immigrant  
          Policy Center notes that medical debt is the leading cause of  
          personal bankruptcy in the United States, and that this bill  
          will help low-income consumers avoid unmanageable levels of  
          debt.


           Analysis Prepared by  :    John Miller/ HEALTH / (916) 319-2097 


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