BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | AJR 42|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AJR 42
Author: Solorio (D), et al
Amended: 6/24/10 in Assembly
Vote: 21
WITHOUT REFERENCE TO COMMITTEE OR FILE
ASSEMBLY FLOOR : 71-0, 6/24/10 - See last page for vote
SUBJECT : Medicare Secondary Payer Enhancement Act of
2010
SOURCE : Medicare Advocacy Recovery Coalition
DIGEST : This resolution requests that the Congress and
the President of the United States enact the Medicare
Secondary Payer Enhancement Act of 2010.
ANALYSIS :
This resolution makes the following Legislative findings:
1. The federal Medicare secondary payer law (42 U.S.C.
Section 1395y(b)) is an important law designed to
protect the Medicare Trust Fund and ensure that Medicare
pays only for medical expenses for which it is
responsible.
2. California residents who are eligible for the Medicare
Program periodically seek compensation for personal
CONTINUED
AJR 42
Page
2
injuries that are the liability of other parties and
seek benefits through California's workers' compensation
system.
3. California is periodically found liable for industrial
injuries to individuals who are eligible for the
Medicare Program and, as an employer, California pays
benefits to those injured individuals under the workers'
compensation system.
4. The way the Medicare secondary payer law is currently
being administered with respect to claims involving
individuals who are eligible for the Medicare Program
has caused considerable delay and unfairness in the
settlement of those claims.
5. The delays in the settlement of claims and the
uncertainty of the scope of the responsibility of the
Medicare Program as the secondary payer has increased
settlement costs.
6. The delay and uncertainty caused by the Medicare
secondary payer law has increased costs to the state and
to local jurisdictions.
7. The federal Medicare Secondary Payer Enhancement Act of
2010 (H.R. 4796) has been introduced by Congress, has
bipartisan support, and is supported by a broad spectrum
of organizations with an interest in ensuring that the
Medicare secondary payer law is administered fairly and
efficiently to the benefit of the Medicare Trust Fund
and individuals and payers who have an interest in the
prompt settlement of claims for damages or benefits.
This resolution requests that the Congress and the
President of the United States enact the Medicare Secondary
Payer Enhancement Act of 2010.
FISCAL EFFECT : Fiscal Com.: No
SUPPORT : (Verified 6/30/10)
Medicare Advocacy Recovery Coalition (source)
California Applicants' Attorneys Association
CONTINUED
AJR 42
Page
3
California Association of Joint Powers Authorities
California Professional Association of Specialty
Contractors
Pacific Compensation Insurance Company
Small Business California
Workers' Compensation Action Network
ARGUMENTS IN SUPPORT : According to the Pacific
Compensation Insurance Company this Resolution will
encourage Congress to pass Medicare Secondary Payer
Enhancement Act of 2010, which will help Medicare
beneficiaries by providing them important information about
potential Medicare Secondary Payer claims, and allowing
them to more quickly settle claims they may have against
third parties. Additionally, this legislation will help all
parties navigate through this complex issue, ensuring that
the Medicare Trust Fund is timely and appropriately
reimbursed and all interested parties are protected from
the uncertainty currently surrounding the process.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Beall, Bill Berryhill,
Blakeslee, Block, Blumenfield, Bradford, Brownley,
Buchanan, Caballero, Charles Calderon, Carter, Chesbro,
Cook, Coto, Davis, De La Torre, De Leon, DeVore, Eng,
Evans, Feuer, Fletcher, Fong, Fuentes, Furutani, Gaines,
Galgiani, Garrick, Gatto, Gilmore, Hagman, Hall, Harkey,
Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,
Jones, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza,
Miller, Monning, Nava, Nestande, Niello, Nielsen, V.
Manuel Perez, Portantino, Ruskin, Salas, Saldana,
Skinner, Smyth, Solorio, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Yamada, John
A. Perez
NO VOTE RECORDED: Arambula, Bass, Tom Berryhill, Conway,
Fuller, Knight, Norby, Silva, Vacancy
CTW:do 6/30/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
CONTINUED
AJR 42
Page
4
**** END ****
CONTINUED