BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2213


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          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,








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             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: 









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          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  








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            (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  








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            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  








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            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









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          None on file.




          Analysis Prepared by:Rosielyn Pulmano / HEALTH / (916) 319-2097