BILL NUMBER: SB 485 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 14, 2011
AMENDED IN SENATE MARCH 24, 2011
INTRODUCED BY Senator Hernandez
FEBRUARY 17, 2011
An act to add Section 14134.7 to the Welfare and Institutions
Code, relating to Medi-Cal health facilities
.
LEGISLATIVE COUNSEL'S DIGEST
SB 485, as amended, Hernandez. Medi-Cal.
Health facilities: emergency units.
Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Care Services and
under which qualified low-income persons receive health care
services. Existing law provides for the licensure of health
facilities, including general acute care hospitals.
This bill would require the department to establish a pilot
program to facilitate collaboration between a federally
qualified health clinic an available and accessible
provider of nonemergency medical care and a general acute care
hospital to provide a Medi-Cal beneficiary or patient who lacks
health insurance with an alternative to the use of the
emergency unit of a general acute care hospital for care and services
if the Medi-Cal beneficiary or patient , after a medical
screening, is determined by a physician and surgeon or other
health care provider, as specified, to not have an emergency
medical condition and the Medi-Cal beneficiary or patient
is provided the specified information, in writing, before
nonemergency medical care is provided in discharge
from the emergency unit.
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 14134.7 is added to the Welfare and
Institutions Code, to read:
14134.7. (a) The department shall establish a pilot program to
facilitate collaboration between a federally qualified
health clinic an available and accessible provider of
nonemergency medical care and a general acute care hospital,
as a benefit of the Medi-Cal program, to provide a Medi-Cal
beneficiary with an within two geographic locations,
to provide a Medi-Cal beneficiary, a patient who lacks health
insurance, or both, with an alternative to the use
of the emergency unit of a general acute care hospital for care and
services if the Medi-Cal beneficiary or patient who lacks health
insurance , after a medical screening, is determined by a
physician and surgeon or other health care provider who acts
within his or her scope of practice to not have an emergency
medical condition and the Medi-Cal beneficiary or patient who
lacks health insurance is provided the following information,
in writing, before nonemergency medical care is provided in
the emergency unit: the patient is discharged from the
emergency unit:
(1) The name and address of an available and accessible provider
of nonemergency medical care who does not charge a copay or
may charge a lower copay than the general acute care hospital.
.
(2) A referral from the general acute care hospital if necessary
to coordinate the scheduling of treatment.
(b) The department shall submit any necessary application to the
federal Centers for Medicare and Medicaid Services for a waiver to
implement the pilot project described in this section. The department
shall determine the form of waiver most appropriate to achieve the
purposes of this section. The waiver request shall be included in any
waiver application submitted within 12 months after the effective
date of this section, or shall be submitted as an independent
application within that time period. After federal approval is
secured, the department shall implement the waiver within 12 months
of the date of approval.
(c) The department shall develop a request for proposal
process for available and accessible providers of nonemergency
medical care and general acute care hospitals that want to
participate in the pilot project. The department also shall develop
a timeline and process for monitoring and evaluating the pilot
project and provide this timeline and process to the appropriate
fiscal and policy committees of the Legislature.
(d) For purposes of this section, an "an
available and accessible provider of nonemergency medical
care care" includes the office of a
physician and surgeon, health clinic, community health center, and
hospital outpatient department, provided that the provider of
nonemergency medical care is able to diagnose or treat
contemporaneously within the same amount of time that a physician
within the emergency unit of a general acute care hospital would have
taken to provide the same nonemergency services.