BILL ANALYSIS �
SENATE COMMITTEE ON HEALTH
Senator Ed Hernandez, O.D., Chair
BILL NO: AB 1382
AUTHOR: Assembly Committee on Health
INTRODUCED: February 27, 2013
HEARING DATE: June 5, 2013
CONSULTANT: Robinson-Taylor
SUBJECT : Reporting.
SUMMARY : Updates obsolete terminology in existing statute used
in the reporting of health data information by specified health
facilities to the Office of Statewide Health Planning and
Development (OSHPD) in order to be consistent with national
standards.
Existing law:
1.Establishes OSHPD, and requires each organization that
operates, conducts, or maintains a health facility to make and
file with OSPHD certain specified reports, including a
Hospital Discharge Abstract Data Record that currently
includes 19 elements of data per admission.
2.Requires hospitals, commencing January 1, 2004, to file with
OSHPD an Emergency Care Data Record and an Ambulatory Surgery
Data Record, each with 15 elements of data per patient.
3.Required OSHPD, commencing July 2002 through July 2006, to
publish risk-adjusted outcome reports in accordance with a
schedule that required reports to be published on three
conditions or procedures each year for five years, for a total
of 15 reports by July 2006. Required the procedures and
conditions to be reported to be equally divided among medical,
surgical, and obstetric conditions or procedures, and to be
selected by OSHPD in accordance with specified criteria.
This bill:
1.Updates obsolete terminology in existing statute used in the
reporting of health data information by specified health
facilities to the Office of Statewide Health Planning and
Development (OSHPD) in order to be consistent with national
standards.
2.Revises the following terms: "principal language spoken" to
"preferred language spoken"; "(condition or external cause)
Continued---
AB 1382 | Page 2
present at admission" to "(condition or external cause)
present on admission"; and, "external cause of injury" to
"external causes of morbidity."
FISCAL EFFECT : None.
PRIOR VOTES :
Assembly Health: 18- 0
Assembly Floor: 75- 0
COMMENTS :
1.Author's statement. In 1971, the Legislature passed the
Hospital Disclosure Act (Act). The original Act created the
California Hospital Commission to collect hospital data.
Under the Act, hospitals were required to disclose detailed,
uniform data about hospital operations to the state. Over the
years, additions have been made to the Act to require OSHPD to
collect additional data sets including patient-level encounter
data and discharge data from hospital emergency departments,
ambulatory surgery departments, and licensed freestanding
ambulatory surgery clinics. This bill will replace obsolete
terms in existing statute with new national standards being
adopted by hospitals, many of which are already reflected in
OSHPD regulations.
2.Background. According to OSHPD, the terminology for three
health data elements currently reported to the department are
outdated according to national reporting standards. OSHPD
maintains that aligning with national standards will
streamline patient-level data collection programs, make the
data collected more useful to data users, and reduce
regulatory burdens on data providers. OSHPD maintains that
the Health and Safety Code should be amended to reflect the
following national data standards:
a. The data element, "Preferred language spoken" has
been adopted and defined by the National Uniform Billing
Committee, Accredited Standards Committee (ASC) X12, and
Joint Commission;
b. In 1996, California adopted the data element for a
condition or external cause of injury present "at"
admission to describe whether a condition was present at
admission to the hospital. However, present "on"
AB 1382 | Page
3
admission was later adopted as the national standard for
reporting; and,
c. The national federal requirement to adopt the coding
guidelines of the revised international disease
classification system (also known as ICD-10), effective
October 1, 2014, will replace "external cause of injury"
with "external causes of morbidity".
3.Related legislation.
a. AB 975 (Wieckowski and Bonta) revises California's
non-profit community benefits requirements to include
multispecialty clinics and narrows the activities that
constitute community benefits, creates a definition of
charity care, requires OSHPD to develop a standardized
methodology for calculating community benefit, calculate
the value of community benefit for submitting entities,
and to issue civil penalties for noncompliance with
filing requirements. Provides a rebuttable presumption
that hospitals are organized as for profit if operating
revenue exceeds 10% of operating expenses during the
immediate preceding fiscal year.
b. AB 1312 (Brown) authorizes the Department of Public
Health to, without taking regulatory action, update the
California Code of Regulations to standards of practice
developed by recognized state or national associations by
posting on its Internet Web site in accordance with
specified notice, public comment, and hearing
requirements.
c. SB 508 (Hernandez) requires OSHPD, with the support
from the California Health and Human Services Agency, to
use hospital inpatient discharge data to develop a health
disparity report to assess the levels of measurable
health disparities in the state.
4.Prior legislation.
a. AB 2381 (Mojonnier) Chapter 1326, Statutes of 1984,
transferred the hospital data collection programs from
the California Health Facilities Commission to OSHPD.
b. SB 680 (Figueroa) Chapter 898, Statutes of 2001,
revised the schedule and expanded the number of reports
OSHPD is required to publish on risk-adjusted outcomes,
AB 1382 | Page 4
added physician outcomes for those reports on surgical
conditions or procedures, and permitted OSHPD to obtain
all data elements reasonably necessary to complete the
risk-adjusted outcome reports required.
5.Support. The American Federation of State, County and
Municipal Employees (AFSCME), AFL-CIO, writes in support that
by modernizing our health statute, this bill ensures that our
data collection terms match with current national data
collection standards. AFSCME maintains that, as California
expands its pool of insured patients, it is critical to ensure
a smooth transition to compliance with the Affordable Care
Act.
SUPPORT AND OPPOSITION :
Support: American Federation of State, County and Municipal
Employees, AFL-CIO
Oppose: None received.
-- END --