BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 2024 (Wood) - Critical access hospitals:  employment
          
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          |Version: June 9, 2016           |Policy Vote: B., P. & E.D. 8 -  |
          |                                |          0, HEALTH 8 - 0       |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: August 1, 2016    |Consultant: Brendan McCarthy    |
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          This bill meets the criteria for referral to the Suspense File.

          Bill  
          Summary:  AB 2024 would provide an exemption from the ban on the  
          corporate practice of medicine to allow federally certified  
          critical access hospitals to directly employ physicians until  
          January 1, 2024.


          Fiscal  
          Impact:  
           Potential one-time costs of $70,000 to develop information  
            technology systems to collect specified data from  
            participating hospitals by the Office of Statewide Health  
            Planning and Development (California Health Data Planning  
            Fund).

           Potential ongoing costs of $130,000 per year to develop data  
            standards for reporting by participating hospitals, collect  
            and review data submitted by participating hospitals, and  
            eventually develop the required report (California Health Data  
            Planning Fund).








          AB 2024 (Wood)                                         Page 1 of  
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          Background:  Current law includes a prohibition on corporations or similar  
          entities from employing physicians and billing patients for care  
          provided by employed physicians. This is referred to as the ban  
          on the corporate practice of medicine. Current law provides for  
          several exemptions from the ban on the corporate practice of  
          medicine - for example clinics and hospitals primarily engaged  
          in medical education, narcotic treatment programs, and others.
          Critical access hospitals are general acute care hospitals in  
          rural areas that meet specified federal criteria. Critical  
          access hospitals are eligible for higher normal reimbursement  
          from Medicare, in order to ensure that these hospitals can  
          remain financially viable. There are 34 critical access  
          hospitals in California.




          Proposed Law:  
            AB 2024 would provide an exemption from the ban on the  
          corporate practice of medicine to allow federally certified  
          critical access hospitals to directly employ physicians until  
          January 1, 2024.
          In order to receive the exemption from the ban on the corporate  
          practice of medicine, the medical staff of a participating  
          critical access hospital must affirm that employment is in the  
          community's interest and the hospital must not interfere with a  
          physician's professional judgement.


          The bill would require the Office of Statewide Health Planning  
          and Development to report to the Legislature by July 1, 2023 on  
          the bill's impact on critical access hospitals and their ability  
          to recruit and retain physicians.




          Related  
          Legislation:  There have been many bills in recent years that  
          have attempted to provide additional exemptions from the ban on  
          the corporate practice of medicine.










          AB 2024 (Wood)                                         Page 2 of  
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          Staff  
          Comments:  The cost estimates developed by the Office of  
          Statewide Health Planning and Development assume that the office  
          will develop an information technology system that will allow  
          hospitals to directly submit data on physician employment,  
          recruiting, and retention. In addition, the Office indicates  
          that it will incur additional staff work to compile and analyze  
          that information for inclusion in the required report.
          Staff notes that creating an information technology system and  
          committing ongoing staff to analyzing what will likely be a very  
          limited data set from participating hospitals seems to be an  
          inefficient use of state resources.




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