BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON HEALTH
                          Senator Ed Hernandez, O.D., Chair

          BILL NO:                    AB 232    
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          |AUTHOR:        |Obernolte                                      |
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          |VERSION:       |September 4, 2015                              |
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          |HEARING DATE:  |September 10,  |               |               |
          |               |2015           |               |               |
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          |CONSULTANT:    |Vince Marchand                                 |
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          PURSUANT TO SENATE RULE 29.10

           SUBJECT  :  Hospitals: seismic safety.

           SUMMARY :  Permits a critical access hospital located in the City of  
          Tehachapi to submit a seismic safety extension application,  
          pursuant to specified provisions of existing law that allow an  
          extension up to January 1, 2020, notwithstanding a deadline of  
          September 2012 to apply for this extension.

          Existing state law:
          1)Establishes, under the Alfred E. Alquist Hospital Facilities  
            Seismic Safety Act of 1983 (Alquist Act), timelines for  
            hospital compliance with seismic safety standards, including a  
            requirement that buildings posing a significant risk of  
            collapse and a danger to the public (referred to as SPC -1  
            buildings) be rebuilt or retrofitted to be capable of  
            withstanding an earthquake, or removed from acute care  
            service, by January 1, 2008, and a requirement that hospital  
            buildings be capable of continued operation after an  
            earthquake by January 1, 2030.

          2)Permits the Office of Statewide Health Planning and  
            Development (OSHPD) to grant an extension of up to five years  
            to the 2008 deadline, which would be January 1, 2013, for  
            hospitals for which compliance will result in a loss of health  
            care capacity, as defined.

          3)Permits OSHPD to grant various further extensions beyond the  
            initial five year extension in 2) above, under various  
            eligibility requirements, with January 1, 2020, being the  
            final permissible extension for SPC-1 buildings allowed under  







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            any of the various extensions.

          4)Requires owners of general acute care hospital buildings that  
            are classified as SPC-1 buildings to submit reports to OSHPD  
            annually describing the status of each building in complying  
            with the January 1, 2013, deadline.

          5)Allows OSHPD to utilize computer modeling based on HAZUS,  
            which is a seismic risks analysis tool, for purposes of  
            determining the structural performance category of general  
            acute care hospital buildings.

          Existing federal law:
          1)Establishes the Medicare Rural Hospital Flexibility Program to  
            permit states to designate certain health facilities to be  
            critical access hospitals. Requires critical access hospitals  
            to meet specified criteria, including that the facility be a  
            rural public or nonprofit hospital that is located more than a  
            35-mile drive from any other hospital or is certified by the  
            state as being a necessary provider of health care services to  
            residents in the area. 

          2)Requires critical access hospitals to receive reasonable  
            cost-based reimbursement for their services from Medicare.
          
          This bill:
          1)Permits a critical access hospital located in the City of  
            Tehachapi to submit a seismic safety extension application,  
            pursuant to specified provisions of existing law that allow an  
            extension of the deadline until up to January 1, 2020,  
            notwithstanding deadlines in those provisions of existing law  
            that are earlier than the effective date of this bill,  
            including the September 2012 deadline to submit an  
            application. 

          2)Requires the application submitted pursuant to 1) above to  
            include a timetable, as required under existing law, detailing  
            how the hospital intends to meet the requested deadline.

          3)Contains an urgency clause so that the bill will take effect  
            immediately, in order to prevent the loss of hospital  
            licensure and Medicaid and Medicare Funding that would lead to  
            closure of a critical access hospital and a loss of access to  
            health care in the City of Tehachapi.









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           FISCAL  
          EFFECT :  This version of the bill has not been analyzed by a  
          fiscal committee.

           COMMENTS  :
          1)Author's statement.  According to the author, this bill would  
            assist a small critical access hospital serving a remote rural  
            community located in the Tehachapi Mountains.  The next  
            closest hospital is more than 38 miles away. Tehachapi  
            Hospital has set out to comply with the state's seismic  
            mandate by building a brand new hospital. The new Tehachapi  
            Hospital is currently under construction.  However, in the  
            interim, the hospital must retrofit existing buildings in  
            order to remain operational and to ensure continued access to  
            critical health care services. The author states that under  
            the current seismic mandate, this hospital will be unable to  
            continue operating in its existing hospital buildings beyond  
            January 1, 2016.  Should the hospital not be granted an  
            extension to this deadline, the consequences are severe -  
            including loss of hospital licensure and the exclusion from  
            federal participation in Medicaid and Medicare. According to  
            the author, this bill would provide an exception for Tehachapi  
            Hospital to resubmit their seismic safety extension  
            application to OSHPD in accordance with laws that would  
            provide an extension through January 1, 2020, for them to  
            retrofit their existing buildings.
          
          2)Hospital seismic requirements.  Following the 1971 San  
            Fernando Valley earthquake, California enacted the Alquist  
            Act, which mandated that all new hospital construction meet  
            stringent seismic safety standards.  In 1994, after the  
            Northridge earthquake, the Legislature passed and the Governor  
            signed SB 1953 (Alquist, Chapter 740, Statutes of 1994) which  
            required OSHPD to establish earthquake performance categories  
            for hospitals, and established a January 1, 2008, deadline by  
            which general acute care hospitals must be retrofitted or  
            replaced so that they do not pose a risk of collapse in the  
            event of an earthquake, and a January 1, 2030, deadline by  
            which they must be capable of remaining operational following  
            an earthquake.  Hospital buildings are categorized under a  
            structural performance category (SPC) rating system, whereby  
            buildings with a relatively high probability of collapse are  
            designated as SPC-1, and these are the buildings subject to  
            the original January 1, 2008 deadline and its various  
            extensions. Current law allowed most hospitals to qualify for  








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            an extension of the 2008 deadline, with hospitals able to  
            request extensions in one-year increments up to a maximum of  
            five years after January 1, 2008. Therefore, practically  
            speaking, the real initial deadline for hospitals to retrofit  
            or replace SPC-1 buildings was January 1, 2013.
            
            In addition to this five-year extension, the Legislature has  
            passed additional bills allowing hospitals to extend the  
            deadlines for retrofitting or replacing SPC-1 buildings beyond  
            the 2013 deadline, with the very latest of the extensions  
            ending on January 1, 2020. After January 1, 2020, all SPC-1  
            buildings will either have been removed from service, or  
            brought up to at least SPC-2 status. The next deadline is the  
            January 1, 2030 deadline for hospitals to remain operational  
            following an earthquake, and at that time SPC-2 buildings will  
            no longer be permitted, and all buildings will have to at  
            least meet SPC-3, and in many cases, SPC-4 or SPC-5 (the  
            highest rating). According to OSHPD, only about 10 percent of  
            remaining hospital buildings are still classified as SPC-1.

            The following are the Alquist Act deadline extensions that are  
            relevant to Tehachapi Hospital and this bill:
               a)     SB 306 (Ducheny, Chapter 642, Statutes of 2007)  
                 permitted a hospital owner to comply with seismic safety  
                 deadlines and requirements in current law by replacing  
                 all of its buildings subject to seismic retrofit by  
                 January 1, 2020, rather than retrofitting to SPC-2 by  
                 2013 and replacing them by 2030, if the hospital meets  
                 several conditions and OSHPD certifies that the hospital  
                 owner lacks the financial capacity to meet seismic  
                 standards, as defined.  Among the conditions a hospital  
                 must meet to be eligible for this extension are that it  
                 maintains a contract to provide Medi-Cal services,  
                 maintains a basic emergency room, and is either in an  
                 underserved area, serves an underserved community, is an  
                 essential provider of Medi-Cal services, or is a heavy  
                 provider of services to Medi-Cal and indigent patients.   
                 Eighteen hospitals have qualified for extensions to 2020  
                 under this authority. Tehachapi Hospital applied for an  
                 extension under SB 306, but the application was denied by  
                 OSHPD due to financial criteria.

               b)     SB 608 (Alquist, Chapter 623, Statutes of 2010)  
                 provided for an extension of hospital seismic deadlines,  
                 for hospitals that have already received the five year  








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                 extension to January 1, 2013, of up to three years for  
                 hospitals that document that a local planning delay will  
                 cause them to miss the January 1, 2013 deadline.   
                 Tehachapi Hospital was approved for an extension under SB  
                 608 for the maximum of three years, to January 1, 2016.  
                 This is the deadline currently facing Tehachapi Hospital.
          
               c)     SB 90 (Steinberg, Chapter 19, Statutes of 2011)  
                 allowed a hospital to seek an extension for seismic  
                 compliance for its SPC-1 buildings of up to seven years  
                 based on the following elements: the structural integrity  
                 of the building, the loss of essential hospital services  
                 to the community if the hospital closed, and financial  
                 hardship. The deadline for submitting an application  
                 under SB 90 was September 30, 2012. A hospital applying  
                 under SB 90, as part of its application, was required to  
                 specify whether it intended to rebuild, replace, or  
                 retrofit the building, and the amount of time necessary  
                 to complete the construction. Additionally, a hospital  
                 seeking an SB 90 extension was required to submit to  
                 OSHPD, as part of its application, a structural  
                 reassessment, known as a HAZUS assessment, for each of  
                 its SPC-1 buildings. Tehachapi Hospital initially  
                 submitted an application for an extension under SB 90 in  
                 2012, but withdrew the application because it intended to  
                 build a new facility rather than retrofit their existing  
                 building to SPC-2 standards.
            
          3)Background on Tehachapi Hospital.  Tehachapi Hospital is  
            operated by the Tehachapi Valley Healthcare District, and is  
            licensed as a 24-bed general acute care hospital, of which 19  
            beds are classified as "swing" beds, and can be used for  
            long-term skilled nursing care. Tehachapi Hospital is located  
            in the City of Tehachapi, which is about 35 miles southeast of  
            Bakersfield. The nearest hospital is Kern Medical Center in  
            Bakersfield, 38 miles away. Tehachapi Hospital is designated  
            by the Department of Public Health as a critical access  
            hospital, which under federal Medicare law means they are  
            eligible to receive cost-based reimbursement from Medicare,  
            and is intended to reduce hospital closures in rural areas. As  
            discussed above, Tehachapi Hospital was granted extensions  
            from the original January 1, 2008, deadline to bring their  
            SPC-1 buildings into SPC-2 compliance. Under its SB 608  
            extension, they have until January 1, 2016 to bring their  
            SPC-1 buildings into compliance, or stop providing services as  








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            a general acute care hospital.                

          According to OSHPD, in March of 2012, Tehachapi Hospital applied  
            for an extension under SB 90, which would have provided for an  
            extension of up to 7 years beyond the 2013 deadline, or as  
            late as January 1, 2020. Because this application did not  
            include the required HAZUS assessment, OSHPD issued a letter  
            to Tehachapi informing the hospital that their application was  
            in jeopardy of being denied without the HAZUS assessment.  
            Rather than complete a HAZUS assessment, Tehachapi Hospital  
            withdrew their request for an SB 90 extension in June of 2012.

          According to Tehachapi Hospital, the reason it withdrew its SB  
            90 application was because it was planning on building a new  
            hospital. Because Tehachapi Hospital planned to have this  
            building completed by their current deadline, the hospital  
            determined that an SB 90 extension was unnecessary. However,  
            Tehachapi Hospital states that in the ensuing years, it has  
            had construction delays, and inconsistent leadership.  The  
            hospital is on its third Chief Executive Officer (CEO) in the  
            last year and a half.  According to the current CEO, the new  
            hospital construction, while behind schedule by more than a  
            year, is moving forward, and the health care district is on  
            much firmer financial footing as well. Construction on the new  
            hospital is expected to be finished by the end of May 2016,  
            and after inspections, setting up the new hospital, and  
            achieving licensure, the new Tehachapi Hospital is expected to  
            be operational by sometime in November of 2016.

          In addition to completing the new building, the CEO of Tehachapi  
            Hospital states that it is continuing with efforts to retrofit  
            the existing hospital to meet SPC-2 standards, so that even  
            once the new hospital is up and running, the existing building  
            can continue to be used to provide non-acute care services.
           
          4)Prior legislation. AB 2557 (Pan, Chapter 821, Statutes of  
            2014) permitted hospitals located in the Counties of  
            Sacramento, San Mateo, or Santa Barbara, or the City of San  
            Jose, that had received an additional extension of the January  
            1, 2008, seismic safety requirements under specified  
            provisions of existing law to January 1, 2015, to request an  
            additional extension until September 1, 2015, in order to  
            obtain either a certificate of occupancy or a construction  
            final from OSHPD. 









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          SB 90 (Steinberg, Chapter 19, Statutes of 2011) allowed a  
            hospital that had already received an extension to January 1,  
            2013, to seek an extension for seismic compliance for its  
            SPC-1 buildings of up to seven additional years, if the  
            hospital meets several interim deadlines and requirements.  
            Required OSHPD, in deciding whether to grant the extension and  
            in deciding how long the extension should be, to base its  
            decision on the following elements: the structural integrity  
            of the building, the loss of essential hospital services to  
            the community if the hospital closed, and financial hardship.

            SB 608 (Alquist, Chapter 623, Statutes of 2010) provided for  
            an extension of hospital seismic deadlines of up to three  
            years for hospitals that document that a local planning delay  
            will cause them to miss the January 1, 2013 deadline.   
            Permitted OSHPD to grant an additional extension of up to two  
            years, beyond the three years, for projects that do not  
            provide acute care services and meet other criteria regarding  
            life support systems and structural risk, as specified.  
            
            SB 499 (Ducheny, Chapter 601, Statutes of 2009) required all  
            general acute care hospitals that have SPC-1 buildings to report  
            to OSHPD by November 1, 2010, and annually thereafter, on the  
            status of their compliance with the seismic safety deadlines.

            SB 306 (Ducheny, Chapter 642, Statues of 2007) amended the Alfred  
            E. Alquist Hospital Facilities Seismic Safety Act to permit  
            hospitals to delay compliance with the July 1, 2008, seismic retro  
            deadline, and the 2013 extension, to the year 2020, by filing a  
            declaration with OSHPD that the owner lacks financial capacity to  
            comply with the law.

            SB 1661 (Cox, Chapter 679, Statutes of 2006) authorized an  
            extension of up to an additional two years for hospitals that had  
            already received extensions of the January 1, 2008, seismic safety  
            compliance deadline if specified criteria were met, and required  
            specified hospital reports to be posted on the OSHPD Web site.
          
          5)Support.  This bill is sponsored by the Association of  
            California Healthcare Districts (ACHD), which states that  
            without the authority granted by this bill, Tehachapi Hospital  
            will be unable to continue operating in its existing hospital  
            as of January 1, 2016. ACHD states that as a critical access  
            hospital serving a remote rural community located west of the  
            Mojave Desert in the Tehachapi Mountains, Tehachapi Hospital  








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            faces a greater disadvantage than larger, urban hospitals and  
            has faced both financial and design challenges. Tehachapi  
            Hospital planned to comply with the state's seismic mandate by  
            building a new hospital, and is in the midst of constructing  
            this hospital, which is more than 50 percent completed. ACHD  
            states that this bill will ensure that Tehachapi Hospital can  
            continue to provide critical health care services to a very  
            rural and underserved community. This bill is supported by the  
            Tehachapi Valley Healthcare District (TVHD), which states that  
            under SB 90, hospitals were allowed to apply for an extension  
            through January 1, 2020. According to TVHD, although its  
            hospital meets the criteria for this extension, it is unable  
            to take advantage of the time frame established under this law  
            because they failed to submit an application, believing that  
            construction of the new hospital would be complete by January  
            1, 2016. TVHD states that this bill would provide an exception  
            for TVHD to resubmit the seismic safety extension application  
            and acceptable plan to OSHPD in compliance with the 2020  
            deadline established under SB 90. Adventist Health states in  
            support that ensuring that a hospital's structural,  
            electrical, mechanical and plumbing systems can remain  
            operational following an earthquake is a very complex and  
            expensive process, and this bill will provide the hospital  
            with adequate time to retrofit the appropriate buildings and  
            allow Tehachapi Hospital to remain operational until the new  
            hospital is built. 
          
           SUPPORT AND OPPOSITION  :
          Support:  Association of California Healthcare Districts  
                    (sponsor)
                    Adventist Health
                    California Hospital Association
                    Tehachapi Valley Healthcare District
          
          Oppose:   None received
          
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