BILL ANALYSIS Ó AB 2213 Page 1 Date of Hearing: April 19, 2016 ASSEMBLY COMMITTEE ON HEALTH Jim Wood, Chair AB 2213 (Dahle) - As Amended March 18, 2016 SUBJECT: Medi-Cal: nondesignated public hospitals. SUMMARY: Requires the Department of Health Care Services (DHCS), in collaboration with the Office of Statewide Health Planning and Development (OSHPD) to administer and implement a demonstration under which the audits of nondesignated public hospitals (NDPHs) for reporting periods beginning on and after July 1, 2016, are evaluated to determine the reimbursement relevancy of cost report data. Specifically, this bill: 1)Requires, in order to determine the reimbursement relevancy of existing data collected and what additional data would be useful, the demonstration to include an evaluation of all of the following: a) Data currently being collected through OSHPD; b) Annual and quarterly financial and utilization data; c) Annual report of hospitals and other relevant reports; and, AB 2213 Page 2 d) Data currently being collected by DHCS through the annual Medi-Cal cost report. 2)Requires the goals for the demonstration project to include all of the following: a) Design a combined reporting form to collect relevant and useful data for policymaking purposes; b) Eliminate the date report audit function, if appropriate, and utilize desk audits to ensure that reported data is as accurate as possible; and, c) Determine the appropriate agency to administer the reporting and data collection function. 3)Authorizes NDPHs upon attainment of the goals in 2) above, to participate in a three-year demonstration project to evaluate whether the goals under the initial demonstration are met. 4)Requires DHCS, in collaboration with OSHPD, within one year of the completion date of the three year demonstration project specified in 3) above, to prepare and submit a report to the Legislature that includes an evaluation regarding the effectiveness of the three-year demonstration project and recommendations regarding the continuation and expansion of the demonstration project to all hospitals. EXISTING LAW: AB 2213 Page 3 1)Establishes Medi-Cal, administered by DHCS, to provide comprehensive health care services and long-term care to pregnant women, children, and people who are aged, blind, and disabled. 2)Requires DHCS to develop and implement a payment methodology based on diagnosis related groups (DRGs) subject to federal approval, that reflects the costs and staffing level associated with quality of care for patients in all general acute care hospitals in state and out of state, including Medicare critical access hospitals, but excluding designated public hospitals, psychiatric hospitals, and rehabilitation hospitals, which include alcohol and drug rehabilitation hospitals. 3)Requires DHCS to audit amounts paid for services provided to Medi-Cal beneficiaries, including cost reports that must be submitted by hospitals for purposes of reimbursement. 4)Requires, under federal law, providers receiving payment on the basis of reimbursable cost to provide adequate cost data. Applies this requirement to providers such as hospitals, skilled nursing facilities, rural health clinics, federally qualified health clinics, and community mental health centers. FISCAL EFFECT: This bill has not yet been analyzed by a fiscal committee. COMMENTS: 1)PURPOSE OF THIS BILL. According to the author, since the inception of the Medi-Cal DRG-based inpatient fee-for-service AB 2213 Page 4 (FFS) payment system in July 2013 and January 2014, the Medi-Cal cost report is no longer used as a reimbursement tool. FFS payments and Medi-Cal managed care payments are not paid based upon the filing of the Medi-Cal cost report. Prior to the implementation of DRGs, some hospitals were reimbursed allowable costs for providing services to Medi-Cal beneficiaries, requiring the use of extensive cost report data filed with and audited by the state. This bill allows district and municipal hospitals to work with DHCS, OSHPD, and other stakeholders to determine the appropriate data needed. 2)BACKGROUND. NDPHs are hospitals owned by hospital districts or municipal entities. There are 40 NDPHs in California (39 district hospitals and one municipal hospital). NDPHs have publicly elected board of directors and local governments are responsible for providing for the healthcare needs of their communities. NDPHs have licensed acute beds that range from three to more than 400. Many NDPHs are in rural and medically underserved areas and some are critical access hospitals. SB 853 (Committee on Budget and Fiscal Review), Chapter 717, Statutes of 2010, mandates the design and implementation of a new payment methodology for hospital inpatient services provided to Medi-Cal beneficiaries based upon the DRGs. This new DRG payment mechanism applied to all private hospitals with admissions on or after July 1, 2013 and for NDPHs with admissions on or after January 1, 2014. According to DHCS, under the previous reimbursement methodology, these 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. Per diem rates for contract hospitals were negotiated by the former Office of the California Medical AB 2213 Page 5 Assistance Commission under the Selective Provider Contracting Program. Simply put, prior to DRGs, NDPHs were paid on a per diem basis, regardless of the procedure or diagnosis. Under DRG, every complete inpatient stay is assigned to a single DRG using a computerized algorithm that takes into account the patient's diagnosis, age, procedures performed, and discharge status. Each DRG has a relative weight that reflects the typical hospital resources needed to care a patient in that DRG relative to the hospital resources needed to take care of the average patient. The change in DRG reimbursement methodology is applied as follows a) Programs: DRGs applied to Medi-Cal FFS, California Children's Services, or the Genetically Handicapped Persons Program; b) Hospitals: DRGs applied to general acute care hospitals, including out-of-state, Medicare-designated critical access hospitals, and Medicare-designated long term acute care hospitals; c) Excluded Hospitals: designated public hospitals, psychiatric hospitals (county); and, d) Excluded Services: rehabilitation (per diem), administrative days (per diem), psychiatric services (counties). According to DHCS, the goals of the project are to: a) engage in payment reform to help drive California towards the goals of health care reform, including driving payment towards quality and reducing the cost trend; b) Promote efficiency, improve transparency, and improve fairness by paying similarly across hospitals for similar care; c) Promote access to care by paying more for patients who require more care; and, d) simplify the payment process, encourage administrative AB 2213 Page 6 efficiency and base payments on consistent and credible data. 3)SUPPORT. According to the District Hospital Leadership Forum, the sponsor of this bill, and the Association of California Healthcare Districts, the demonstration project under this bill would reduce the administrative costs and burdens associated with the outdated cost report process that is currently in place. 4)POLICY COMMENT. DHCS points out that cost reports are federally required to capture allowable Medicaid costs and as such, its elimination may require federal change. The Committee may wish to ask the author or the sponsor to address this issue. REGISTERED SUPPORT / OPPOSITION: Support District Hospital Leadership Forum Association of California Healthcare Districts Opposition AB 2213 Page 7 None on file. Analysis Prepared by:Rosielyn Pulmano / HEALTH / (916) 319-2097