BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 21, 2015


                            ASSEMBLY COMMITTEE ON HEALTH


                                  Rob Bonta, Chair


          AB 344  
          (Chávez) - As Introduced February 13, 2015


          SUBJECT:  Medi-Cal.


          SUMMARY:  Provides that if a payment is made to a non-designated  
          public hospital (NDPH), as specified, the payment is not be  
          subject to a peer group inpatient reimbursement limitation  
          established by the Department of Health Care Services (DHCS),  
          unless otherwise required under federal law.


          EXISTING LAW:  


          1)Establishes the Medi-Cal program, administered by DHCS, under  
            which qualified low-income individuals receive health care  
            services.  Includes inpatient hospital services as a covered  
            benefit under the Medi-Cal program. 

          2)Provides for the payment of hospital services in the Medi-Cal  
            program, including fee-for-service (FFS) or with Medi-Cal  
            managed care (MCMC) health plans.

          3)Requires DHCS to develop and implement a new Medi-Cal  
            reimbursement methodology for private inpatient general acute  
            care hospitals based upon diagnosis related groups (DRGs),  
            subject to federal approval, that reflects the costs and  








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            staffing levels associated with quality of care for patients  
            in all general acute care hospitals in state and out-of-state.

          4)Requires the DRG payment methodology to be implemented on July  
            1, 2012, or on the date upon which the Director of the  
            Department of Managed Health Care executes a declaration  
            certifying that all necessary federal approvals have been  
            obtained and the methodology is sufficient for formal  
            implementation, whichever is later.  Exempts county hospitals  
            and University of California hospitals (designated public  
            hospitals or DPHs) and NDPHs from the DRG payment methodology.

          5)Provides that designated public hospitals (DPHs) are  
            reimbursed based on their costs, and use their own funds  
            [instead of state General Fund] as the state match to draw  
            down federal Medicaid matching funds, pursuant to a Section  
            1115 waiver.  



          6)Upon approval of a waiver amendment, and state plan amendment,  
            provides that NDPHs, which are defined as district hospitals,  
            are to be reimbursed in the same fashion as DPHs.


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


          COMMENTS:  


          1)PURPOSE OF THIS BILL.  According to the sponsor, the District  
            Hospital Leadership Forum, this bill addresses a technical  
            issue related to the Peer Grouping Inpatient Reimbursement  
            Limitation (PIRL) that non-contract district/municipal  
            hospitals (otherwise known as NDPHs) were subject to prior to  
            January 1, 2014.  The PIRL is, as it sounds a reimbursement  
            limitation that in certain circumstances could restrict  








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            Medi-Cal payment to hospitals.  The sponsor states that this  
            bill seeks to prevent application of an existing statutory or  
            regulatory rate limitation on a NDPH when DHCS converts its  
            Medi-Cal inpatient reimbursement methodology to the AP-DRG.   
            The purpose of the above regulation was to control costs for  
            non-contract hospitals (about two-thirds of district/municipal  
            hospitals were non-contract on January 1, 2014).  The  
            transition the DRG reimbursement methodology for these  
            hospitals means that there no longer a need for this  
            limitation, according to the sponsor and tis bill ensures this  
            technical correction is in place.

          2)BACKGROUND.  SB 853 (Committee on Budget and Fiscal Review,  
            Chapter 717, Statutes of 2010, added Section 14105.28 to the  
            Welfare and Institutions Code which mandated the design and  
            implementation of a new payment methodology for hospital  
            inpatient services provided to Medi-Cal beneficiaries based  
            upon DRGs.  DRGs measures case mix for inpatient admissions.  
            One question is how to define a more severe case.  Six  
            dimensions along which case mix could be measured include,  
            severity of illness, risk of mortality, prognosis, treatment  
            difficulty, need for intervention and resource intensity.  The  
            initial motivation for developing the DRGs was to create an  
            effective framework for monitoring the quality of care and the  
            utilization of services in a hospital setting.  AP-DRGs are  
            similar to DRGs, but also include a more detailed DRG  
            breakdown for non-Medicare patients, particularly newborns and  
            children.

          The DRG reimbursement methodology replaced the previous payment  
            method for all NDPHs with admissions on or after January 1,  
            2014.  Under previous payment method, non-contract hospitals  
            were reimbursed based on Medi-Cal allowable, audited costs.   
            Hospitals were paid interim rates using a cost-to-charge ratio  
            based on the most recently submitted cost report.  A cost  
            settlement process reconciled the difference between interim  
            payments and the allowable costs of providing services and  
            costs were limited by the PIRL.









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          The PIRL's purpose was to slow down the rate of Medi-Cal  
            inpatient acute care expenditures through two sets of  
            limitations.  Both limitations are based upon a hospital's  
            Medi-Cal cost per discharge.  The first is to limit the growth  
            of Medi-Cal expenditures by the hospital from one period to  
            the next, while the other capped the hospital's Medi-Cal cost  
            per discharge at the 60th percentile of its peer group.

          DHCS is using a three year transition period to implement DRGs  
            that limits hospitals' projected change from what they would  
            have received under the current reimbursement methodology,  
            with full implementation in year four.  The purpose of the  
            transition period is to allow time for hospitals to make  
            adjustments to systems of care due to the fundamental change  
            in the payment system. 

          3)SUPPORT.  This bill, sponsored by the District Hospital  
            Leadership Forum (DHLF) on behalf of district hospitals, seeks  
            to prevent application of an existing statutory or regulatory  
            rate limitation on a NDPH when DHCS converts its Medi-Cal  
            inpatient reimbursement methodology to the AP-DRG which would  
            make the PIRL regulation obsolete.  However, to ensure there  
            are not unintended consequences resulting in the application  
            of the PIRL after the transition to certified public  
            expenditures, this bill is necessary.

          4)PREVIOUS LEGISLATION.  
          
             a)   AB 1467 (Budget Committee), Chapter 23, Statutes of  
               2012, creates a transition plan for the staff California  
               Medical Assistance Commission (CMAC) and redirects  
               positions to DHCS on July 1, 2012.  Changes the  
               reimbursement methodology of NDPHs from the current CMAC  
               negotiated per diem rates or cost-based reimbursement for  
               inpatient Medi-Cal FFS.  The additional funds would be made  
               available to NDPHs to offset their uncompensated care costs  
               and to support their efforts to enhance the quality of care  
               and the health of the patients and families they serve.









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             b)   AB 102 (Budget Committee), Chapter 29, Statutes of 2011,  
               requires DHCS to implement the DRG payment methodology by  
               July 1, 2012.



          REGISTERED SUPPORT / OPPOSITION:




          Support


          District Hospital Leadership Forum




          Opposition


          None on file.




          Analysis Prepared by:Roger Dunstan / HEALTH / (916) 319-2097


















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