BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 303
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 303 (Beall)
          As Amended  September 1, 2009
          Majority vote
           
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          |ASSEMBLY:  |78-0 |(June 2, 2009)  |SENATE: |34-0 |(September 2,  |
          |           |     |                |        |     |2009)          |
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           Original Committee Reference:    HEALTH  

           SUMMARY  :  Allows designated public hospitals to receive  
          supplemental Medi-Cal reimbursement from the Construction and  
          Renovation Reimbursement Program (CRRP) for new capital projects  
          to meet state seismic safety deadlines for which plans have been  
          submitted to the state after January 1, 2007, and before  
          December 31, 2011.

           The Senate amendments  prohibit state funds, any special funds as  
          well as the General Fund, from being used for the nonfederal  
          share of the supplemental reimbursement.  The nonfederal share  
          must be funded by claiming federal expenditures through the use  
          of local certified public expenditures (CPEs) or  
          intergovernmental transfers (IGTs).

           AS PASSED BY THE ASSEMBLY  , this bill was substantially similar  
          to the version passed by the Senate.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, unknown costs, potentially $75 million to $150  
          million annually for debt service payments, split between the  
          federal and local governments.  The requirement to fund the  
          nonfederal share through CPEs and IGTs would put pressure on  
          county budgets.  The provisions of the bill would be implemented  
          only to the extent that federal approval and federal financial  
          participation are available.

           COMMENTS  :  This bill is sponsored by the Santa Clara Board of  
          Supervisors (Board) to allow designated public hospitals,  
          specified county and University of California (UC)  
          disproportionate share hospitals (DSH) that contract with the  
          California Medical Assistance Commission to serve Medi-Cal  
          patients, to access federal supplemental reimbursements for debt  
          service related to seismic retrofitting.  The Board states the  








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          importance of this legislation to the County's public hospital,  
          Santa Clara Valley Medical Center (SCVMC), and its patients,  
          cannot be overestimated.  The Board argues the state's seismic  
          safety law requires that SCVMC replace or retrofit more than  
          half of its 524 licensed acute beds or close them.  A loss of  
          this number of beds would result in longer and unacceptable  
          lengths of time that the emergency facility would be on  
          diversion due to lack of beds, and would also leave the county  
          with limited surge capacity to respond to disasters.  

          Beyond the impact on trauma services, the Board argues a loss of  
          half of SCVMC's inpatient beds would severely compromise access  
          for Medi-Cal patients for whom SCVMC is one of a few remaining  
          contracting providers in the county.  The Board indicates it is  
          committed to maintaining hospital care in the county, and it has  
          embarked on a two-phase project to bring SCVMC into compliance  
          with the seismic mandates.  The cost of this effort is  
          approximately $1.4 billion.  Locally generated funds, including  
          funds from a successful 2008 bond measure, cover the first phase  
          of the project ($949 million) to meet the 2013 standards.   
          However, additional funds are required for SCVMC to undertake  
          the second phase of the project and meet the 2030 seismic safety  
          deadline.  This phase would rebuild 104 patient beds and  
          associated service buildings, such as the hospital kitchen, at a  
          cost of $500 million.  

          This bill would enable Santa Clara County to secure federal  
          funds for debt service related to seismic retrofitting.  Without  
          this ability, Santa Clara County would not be able to finance  
          the second phase of the project through completion, meet the  
          seismic safety requirements, and provide needed trauma and  
          indigent care services.

          Under existing law, the CRRP allows DSH hospitals to receive  
          supplemental Medi-Cal reimbursement for debt service incurred on  
          revenue bonds for the construction, renovation, or replacement  
          of hospital facilities, including building and fixed equipment,  
          for which final plans have been submitted to OSHPD after  
          September 1, 1988, and prior to June 30, 1994.  This bill would  
          reopen, on a time-limited basis, CRRP eligibility for designated  
          public hospitals to help fund capital projects to meet the  
          state's hospital seismic safety deadlines.  There are 22  
          designated public hospitals listed in statute (two of which are  
          closed), which have 82 buildings rated as Structural Performance  
          Category-1, meaning the buildings are at significant risk of  








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          collapse during an earthquake.


           Analysis Prepared by  :    Joyce Iseri / HEALTH / (916) 319-2097 


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