BILL ANALYSIS Ó
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 1793|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 1793
Author: Yamada (D)
Amended: As introduced
Vote: 27 - Urgency
SENATE HEALTH COMMITTEE : 9-0, 6/20/12
AYES: Hernandez, Harman, Alquist, Anderson, Blakeslee, De
León, DeSaulnier, Rubio, Wolk
SENATE APPROPRIATIONS COMMITTEE : 7-0, 7/2/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price,
Steinberg
ASSEMBLY FLOOR : 72-0, 5/3/12 (Consent) - See last page for
vote
SUBJECT : Public health: federal funding: public health
emergencies
SOURCE : Author
DIGEST : This bill eliminates the September 1, 2012
sunset date on provisions of law governing how federal
funding for emergency preparedness is allocated, and adds
long-term health facilities to the list of entities that
can be designated to receive federal funds for emergency
preparedness.
ANALYSIS :
CONTINUED
AB 1793
Page
2
Existing law:
1. Establishes provisions of law to govern those instances
when federal funding is allocated and expended for
public health preparedness and response by local health
jurisdictions, hospitals, clinics, emergency medical
systems, and poison control centers for the prevention
of, and response to, bioterrorist attacks and other
public health emergencies. These provisions become
inoperative on September 1, 2012, and will be repealed
on January 1, 2013.
2. Requires federal funding received by the Department of
Public Health (DPH) for bioterrorism preparedness and
emergency response to be subject to appropriation in the
annual Budget Act or other statute.
3. Exempts federal grant funds appropriated by the Budget
Act for public health preparedness and response from
being subject to provisions of law governing contracting
by state agencies.
4. Provides for the licensure and regulation of long-term
health care facilities by DPH, including skilled nursing
facilities and intermediate care facilities.
This bill:
1. Adds long-term health facilities to the list of entities
that can be designated by a federal or state agency to
receive and manage funds for public health preparedness
and response to bioterrorist attacks and other public
health emergencies, pursuant to a federally approved
collaborative state-local plan.
2. Deletes the September 1, 2012 sunset date on provisions
of law governing federal funding for public health
emergency preparedness and response.
Comments
According to DPH, it receives funding from two separate
federal grant programs for public health emergency
preparedness and response: The Public Health Emergency
CONTINUED
AB 1793
Page
3
Preparedness (PHEP) program, under the Centers for Disease
Control and Prevention, and the Hospital Preparedness
Program (HPP), administered by the United States Department
of Health and Human Services' Assistant Secretary for
Preparedness and Response. In the most recent fiscal year
(2011-12), the Budget Act appropriated $102,062,000 from
these two federal grant programs.
DPH states that PHEP funds are restricted to state and
local health departments. DPH allocates 70% of the PHEP
funds to local health departments pursuant to a formula in
statute and supports its own preparedness functions with
the remaining 30% of the allocation.
DPH states that HPP funds are intended for health care
facility and emergency medical services preparedness. DPH
allocates 75% of the funds directly to, or on behalf of,
the local level. DPH states that the California Hospital
Association, the California Association of Health
Facilities, and the California Primary Care Association
receive HPP funds to strengthen health care facility
preparedness. HPP funds are allocated to county HPP
entities to build health care coalitions. Coalitions
include hospitals, clinics, emergency medical
services/systems and long-term care facilities. DPH states
that each county determines the priority for use of HPP
funds by health care facilities and emergency medical
services.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Ongoing costs between $70 million and $80 million per
year (all federal funds), based on past receipts of
federal funds.
Minor cost pressures on existing funds to extend
program eligibility to long-term care facilities. Under
federal law and prior practice by the DPH, long-term
care facilities have been eligible for these funds in
the past.
CONTINUED
AB 1793
Page
4
SUPPORT : (Verified 7/5/12)
AFSCME, AFL-CIO
California Association of Health Facilities
California Commission on Aging
County Health Executives Association of California
Crestwood Behavioral Health, Inc.
Orange County Board of Supervisors
ARGUMENTS IN SUPPORT : This bill is supported by the
California Association of Health Facilities, which states
that the participation of the long-term health care
community as a resource will be instrumental in
successfully addressing a health care surge within a
community. The Orange County Board of Supervisors (OCBOS)
states that this bill repeals the sunset date of provisions
of law allowing DPH to administer federal grant funds
through agreements which are exempt from the Public
Contract Code. OCBOS states that by allowing the
distribution of funds through allocation agreements rather
than contracts significantly decreases the amount of time
necessary for DPH to process agreements with local health
jurisdictions. AFSCME states that this bill corrects the
discrepancy between California law and the federal
guidelines, allowing emergency planners to include
long-term health care facilities to preserve public health
and safety. The California Commission on Aging states this
bill will help assure the safety of vulnerable long-term
care residents during times of public health emergencies.
The County Health Executives Association of California
states that this bill will continue to ensure that
California's local health departments, and other eligible
entities, receive their share of federal funding for their
public health emergency preparedness activities in an
equitable and timely manner.
ASSEMBLY FLOOR : 72-0, 5/3/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bradford, Brownley,
Buchanan, Butler, Charles Calderon, Campos, Carter,
Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fong, Fuentes, Beth Gaines,
Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman,
CONTINUED
AB 1793
Page
5
Halderman, Harkey, Hayashi, Hill, Huber, Hueso, Huffman,
Jeffries, Knight, Lara, Logue, Bonnie Lowenthal, Ma,
Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell,
Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel
Pérez, Portantino, Silva, Skinner, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Yamada, John A.
Pérez
NO VOTE RECORDED: Bonilla, Fletcher, Furutani, Hall, Roger
Hernández, Jones, Smyth, Williams
CTW:k 7/5/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED