BILL NUMBER: AB 188	AMENDED
	BILL TEXT

	AMENDED IN SENATE  OCTOBER 14, 2009
	AMENDED IN SENATE  SEPTEMBER 4, 2009

INTRODUCED BY    Committee on Budget   (
  Evans (Chair), Arambula, Beall, Blumenfield,
Brownley, Caballero, Carter, De La Torre, Feuer, Hill, Huffman,
Monning, Ruskin, and Swanson   )  
Assembly Member   Jones 
    (   Principal   coauthors:  
Senators   Alquist   and Steinberg   )


                        FEBRUARY 2, 2009

    An act to repeal and add Sections 17031.8, 17036, and
18114 of, to repeal, add, and repeal Section 18502 of, the Health and
Safety Code, and to repeal and add Section 62.5 of the Labor Code,
relating to state fees.   An act relating to public
health, making an appropriation therefore, and declaring the urgency
thereof, to take effect immediately. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 188, as amended,  Committee on Budget  
Jones  .  State fees.   Medi-Cal: quality
assurance fee revenue.  
   Existing law establishes the Medi-Cal program, administered by the
State Department of Health Care Services, under which basic health
care services are provided to qualified low-income persons. The
Medi-Cal program is partially governed and funded as part of the
federal Medicaid Program.  
   AB 1383 of the 2009-10 Regular Session of the Legislature, which
becomes effective January 1, 2010, requires the department to make
supplemental payments for certain services, as specified, to private
hospitals, nondesignated public hospitals, and designated public
hospitals, as defined, for subject federal fiscal years.  
   These provisions in AB 1383 are subject to federal approval and
also impose, as a condition of participation in state-funded health
insurance programs other than the Medi-Cal program, a quality
assurance fee, as specified, on certain general acute care hospitals
through and including December 31, 2010. The provisions create the
Hospital Quality Assurance Revenue Fund in the State Treasury and
require that the money collected from the quality assurance fee be
deposited into the fund. The provisions provide that the moneys in
the fund shall, upon appropriation by the Legislature, be available
only for certain purposes, including providing the above-described
supplemental payments to hospitals and health care coverage for
children.  
   This bill would appropriate $1,000,000 from the Private Hospital
Supplemental Fund and $1,000,000 from the Federal Trust Fund to the
department to pay the department's staffing and administrative costs
associated with the provisions of AB 1383, including costs of
workload associated with seeking the necessary federal approvals to
implement those provisions. The appropriation would also include
$13,500,000,000 from the Hospital Quality Assurance Revenue Fund to
the department for the purposes prescribed by AB 1383 to be available
for expenditure until January 1, 2013. If the department obtains
federal approval, the bill would require the department to use the
money in the Hospital Quality Assurance Revenue Fund to reimburse
$1,000,000 to the Private Hospital Supplemental Fund. If the
department does not obtain federal approval, the bill would require
any unexpended moneys from the $1,000,000 appropriated to the
department from the Private Hospital Supplemental Fund pursuant to
this bill to revert to the Private Hospital Supplemental Fund. 

   This bill would declare that it is to take effect immediately as
an urgency statute.  
   Under existing law, the Department of Housing and Community
Development is required to establish a schedule of fees to pay for
the cost of administration and enforcement of the Employee Housing
Act. The department is required to establish a schedule of fees that
includes, but is not limited to, specified minimum permit fees. The
department is authorized, on or after January 1, 2010, to increase
these specified fees, if necessary, to finance the costs of
administration and enforcement of the act.  
   The Mobilehome Parks Act requires the payment of various
registration and renewal fees to the department for a specified
section of a manufactured home, mobilehome, or commercial coach and
the payment of an annual operating permit fee, as specified.
 
   Existing law establishes the Labor Enforcement and Compliance Fund
in the State Treasury and requires the Director of the Department of
Industrial Relations to levy a separate surcharge upon all employers
for purposes of deposit in the fund. Existing law requires that the
total amount of the surcharges be allocated between employers in
proportion to payroll respectively paid in the most recent year for
which payroll information is available, and requires the director to
adopt reasonable regulations governing the manner of collection of
the surcharges.  
   This bill would repeal and reinstate these provisions of existing
law. 
   Vote: majority   2/3  . Appropriation:
 no   yes  . Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    (a) There is hereby appropriated to the
State Department of Health Care Services the following sums: 

   (1) To pay for the department's staffing and administrative costs
associated with Article 5.21 (commencing with Section 14167.1) and
Article 5.22 (commencing with Section 14167.31) of Chapter 7 of Part
3 of Division 9 of the Welfare and Institutions Code, including costs
of workload associated with seeking the necessary federal approvals
from the federal Centers for Medicare and Medicaid Services to
implement Article 5.21 (commencing with Section 14167.1) and Article
5.22 (commencing with Section 14167.31) of Chapter 7 of Part 3 of
Division 9 of the Welfare and Institutions Code, one million dollars
($1,000,000) from the Private Hospital Supplemental Fund established
pursuant to Section 14166.12 of the Welfare and Institutions Code and
one million dollars ($1,000,000) from the Federal Trust Fund. 

   (2) For the purposes specified in subdivisions (c) and (d) of
Section 14167.35 of the Welfare and Institutions Code, the sum of
thirteen billion five hundred million dollars ($13,500,000,000) from
the Hospital Quality Assurance Revenue Fund, to be available for
expenditure until January 1, 2013.  
   (b) (1) If the department obtains federal approval for the
implementation of Article 5.21 (commencing with Section 14167.1) and
Article 5.22 (commencing with Section 14167.31) of Chapter 7 of Part
3 of Division 9 of the Welfare and Institutions Code, moneys in the
Hospital Quality Assurance Revenue Fund shall be used to reimburse
the one million dollars ($1,000,000) appropriated from the Private
Hospital Supplemental Fund pursuant to paragraph (1) of subdivision
(a).  
   (2) If the department does not obtain federal approval for the
implementation of Article 5.21 (commencing with Section 14167.1) and
Article 5.22 (commencing with Section 14167.31) of Chapter 7 of Part
3 of Division 9 of the Welfare and Institutions Code, any unexpended
moneys from the one million dollars ($1,000,000) appropriated to the
department from the Private Hospital Supplemental Fund pursuant to
paragraph (1) of subdivision (a) shall revert to the Private Hospital
Supplemental Fund. 
   SEC. 2.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to make the necessary statutory changes to increase
Medi-Cal payments to hospitals and improve access to care at the
earliest possible time, it is necessary that this act take effect
immediately.  All matter omitted in this version of the bill
appears in the bill as amended in the Senate, September 4, 2009
(JR11)