BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 2024 (Wood) - Critical access hospitals: employment ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: June 9, 2016 |Policy Vote: B., P. & E.D. 8 - | | | 0, HEALTH 8 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 1, 2016 |Consultant: Brendan McCarthy | | | | ----------------------------------------------------------------- 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 ? 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 ? 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. -- END --