BILL ANALYSIS Ó SB 90 Page 1 ( 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 ----------------------------------------------------------------- |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)) SB 90 Page 2 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 SB 90 Page 3 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 SB 90 Page 4 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 FN: 0000185