BILL ANALYSIS                                                                                                                                                                                                    Ó



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          (  Without Reference to File  )

          SENATE THIRD READING
          SB 90 (Steinberg)
          As Amended  April 7, 2011
          2/3 vote.  Urgency 

           SENATE VOTE  :Vote not relevant  
           
           HEALTH              14-1        APPROPRIATIONS      16-0        
           
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          |Ayes:|Monning, Logue, Atkins,   |Ayes:|Fuentes, Harkey,          |
          |     |Bonilla, Eng, Garrick,    |     |Blumenfield, Bradford,    |
          |     |Roger Hernández, Mansoor, |     |Charles Calderon, Campos, |
          |     |Mitchell, Nestande, Pan,  |     |Davis, Donnelly, Gatto,   |
          |     |Silva, Knight, Williams   |     |Hill, Lara, Mitchell,     |
          |     |                          |     |Nielsen, Norby, Solorio,  |
          |     |                          |     |Wagner                    |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Ammiano                   |     |                          |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Authorizes the Office of Statewide Health Planning and 
          Development (OSHPD) to grant hospitals an extension of up to 
          seven years from hospital seismic safety requirements, 
          contingent on enactment and implementation of a Medi-Cal 
          hospital provider fee that includes $320 million in fee revenue 
          to pay for health care coverage for children for budget year 
          2011-12, enacts a Medi-Cal six-month hospital provider fee for 
          the period of January 1, 2011 to July 1, 2011, an 
          intergovernmental transfer (IGT) program for public hospitals 
          related to Medi-Cal managed care (MCMC) and makes other changes 
          necessary to implement savings related to the 2010-11 Budget and 
          the 2011-12 Budget Act.  Provides that enactment is contingent 
          upon enactment of AB 113 (Monning).  Contains an urgency clause 
          to ensure that the provisions of this bill go into immediate 
          effect upon enactment.

           FISCAL EFFECT  :  According to the Assembly Appropriations 
          Committee: 

          1)A one-time increase of $1.9 billion (43% hospital Quality 
            Assurance Fee (QAF)/57% Federal Financial Participation (FFP)) 








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            paid to hospitals through June 2011 in the form of increased 
            Medi-Cal payments for inpatient and outpatient services.  This 
            estimate assumes hospitals subject to the QAF will contribute 
            $1.0 billion to be matched with FFP at the enhanced rate of 
            57%, for a total Medi-Cal payment increase of $1.9 billion. 
            Some of the hospitals will receive payments directly from the 
            state, while others will receive the payments from the state 
            through MCMC plans. 

          2)As compared to the 2010-11 Budget Act, this bill would provide 
            a net additional $53 million in savings in 2010-11.  The 
            components of the net $53 million are as follows: 

             a)   Additional General Fund (GF) savings of $50 million from 
               additional QAF revenue to the state for children's health 
               care coverage.  In total, the package provides $210 million 
               in QAF revenue to the state for children's health care 
               coverage, but $160 million is already assumed in the 
               2010-11 Budget.

             b)   Additional GF savings of $30 million associated with 
               reductions in payments to certain private hospitals of 
               approximately $30 million GF and matching FFP in the 
               current year.

             c)   Estimated net loss of GF savings of approximately $22 
               million associated with the repeal of the rate freeze, and 
               approximately $5 million associated with the repeal of the 
               rate reductions. 

             d)   The actual impact of this bill on the state budget is a 
               net $75 million in additional savings instead of a net $53 
               million, as it is unlikely that the state would have 
               achieved the $22 million in savings assumed in the budget. 

          1)As compared to the 2011-12 Budget as passed by the 
            Legislature, a net loss of savings of $18 million.  The 
            components of the net $18 million are as follows: 

             a)   Additional GF savings of $75 million due to a decrease 
               in payments of $75 million GF and matching FFP to private 
               hospitals.

             b)   Additional GF savings of $41 million associated with 








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               estimates of slower growth in hospital rates as a result of 
               provisions in this bill that provide the state greater 
               leverage in rate negotiations. 

             c)   Estimated net loss of GF savings of approximately $107 
               million associated with the repeal of the rate freeze, and 
               approximately $27 million associated with the repeal of the 
               rate reductions.

             d)   The actual impact of this bill on the state budget is a 
               net $89 million in additional savings instead of a loss of 
               $18 million, as it is unlikely that the state would have 
               achieved the $107 million in savings assumed in the budget. 
                Additionally, the bill earmarks $320 million in additional 
               GF savings in 2011-12 associated with the future enactment 
               of a QAF program in 2011-12.

          1)Estimated one-time administrative costs in the Department of 
            Health Care Services of approximately $800,000 (57% QAF, 43% 
            FFP) in the current year.

          2)Estimated one-time costs administrative costs at OSHPD of 
            $56,000 for equipment in 2011-12, and ongoing costs of $1 
            million annually beginning in 2011-12, to be funded through 
            increased fees on hospitals submitting applications.

          3)Upon the expiration of this program, GF cost pressure is 
            created to maintain the higher level of payments to hospitals 
            and the children's health care coverage programs funded by the 
            QAF.

           COMMENTS  :  This bill and the companion bill AB 113 (Monning) 
          represent a negotiated agreement between the Governor and the 
          California Hospital Association (CHA) as part of the 2011-12 
          Budget.  The package will result in a net increase in GF savings 
          to the state of approximately $50 million for the current year 
          and potentially up to $355 million in budget year 2011-12.  This 
          bill includes an enactment of a new six-month hospital provider 
          fee and supplemental payments of up to approximately $1 billon 
          to private hospitals that serve Medi-Cal patients.  A portion of 
          the new funds will be used for children's health coverage.  

          This bill also provides that when a 2011-12 hospital provider 
          fee is enacted, the state will receive $320 million for 








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          children's health coverage and contingent on receipt of these 
          additional funds, establishes a process for hospitals to apply 
          for an up to seven year extension from deadlines that require 
          hospital buildings to meet certain seismic safety standards.  
          The companion bill, AB 113 (Monning) enacts an IGT program that 
          will allow district hospitals to begin drawing up to $30 million 
          in supplemental Medi-Cal payments.  This bill further adds to 
          the GF by reducing disproportional share hospital type payments 
          to private hospitals.  Finally, this bill resolves a number of 
          pending lawsuits regarding hospital rate reductions enacted in 
          prior budgets.  


           Analysis Prepared by  :    Marjorie Swartz / HEALTH / (916) 
          319-2097 


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