BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1503
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          Date of Hearing:   May 13, 2009 

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                 AB 1503 (Lieu) - As Introduced:  February 27, 2009  

          Policy Committee:                              Health Vote:17-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill adapts fair pricing provisions established for  
          hospitals by AB 774 (Chan), Chapter 755, Statutes of 2006, to  
          emergency physicians. Specifically, this bill:

          1)Requires a physician billing for payment from the Maddy Fund  
            (Fund) to seek specified patient financial information prior  
            to billing the Fund. 

          2)Requires uninsured patients and patients with incomes below  
            350% of the Federal Poverty Level (FPL) and medical costs of  
            more than 10% of their income to eligible to apply for a  
            discount payment for physician charges. Requires discount  
            pricing to be limited to Medicare, Medi-Cal, the Healthy  
            Families Program or another government reimbursement levels.

          3)Requires a patient requesting a discounted payment to provide  
            the billing physician with necessary and reasonable  
            information to make an eligibility determination, and  
            prohibits the use of this information for collection  
            activities.

          4)Establishes numerous other requirements and prohibitions for  
            patients and providers. 

           FISCAL EFFECT  

          1)No direct fiscal impact to the Department of Health Care  
            Services (DHCS) or the California Department of Public Health  
            (DPH). Neither department appears to have direct oversight of  
            the fair pricing requirements established in this bill. 









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          2)Unknown impacts on county Maddy Funds. 50 counties rely on  
            county-administered Maddy Funds to provide reimbursement for  
            emergency services for the uninsured. This bill changes the  
            eligibility for Maddy reimbursements to reduce the billing of  
            patients if specified physician and patient criteria are met.  
            This bill may result in Maddy Funds being accessed more  
            directly and quickly than under current law.  

           COMMENTS  

           1)Rationale  .  This bill is sponsored by Health Access California  
            to increase consumer protections and provide uninsured and  
            underinsured patients with fair pricing for emergency care.  
            According to the author and sponsor, under current law  
            physicians can charge uninsured patients many times what  
            Medicare or private insurance pays for the same care. For  
            emergency physicians, current law requires they bill patients  
            three times prior to requesting reimbursement from the Maddy  
            Fund. This bill establishes a fair pricing framework and  
            changes Maddy Fund reimbursement processes. 

           2)The Maddy Fund  is available to reimburse physicians and  
            hospitals for uncompensated emergency medical care and for  
            other emergency medical services. Maddy Funds are supported by  
            penalty assessments in 50 counties on criminal and traffic  
            violations and some of the fees from students at traffic  
            schools. Current law authorizes counties to levy an additional  
            penalty assessment until January 1, 2014 for Maddy Funds. 

           3)Hospital Fair Pricing and Medical Debt  . AB 774 created a set  
            of consumer financial protections to provide health care  
            access to underinsured and uninsured residents without these  
            families facing financial ruin. Hospitals are required to  
            maintain written policies regarding discounted payments and  
            charity care to patients with family income of less than 350 %  
            of FPL or about $35,000 annual income for an individual. 

          Research indicates more than 6 million Californians lack health  
            insurance. Both insured and uninsured residents face  
            significant barriers to basic health care treatment,  
            especially with regard to financial risk. Prior to the passage  
            of AB 774, uninsured and underinsured patients were sometimes  
            charged three to 10 times what insurance companies and  
            government programs would reimburse for the same services.   
            Information reported in a recent study by the Commonwealth  








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            Fund indicates more than 26 % of insured people report recent  
            trouble with medical bills and more than half of uninsured  
            adults report payment problems. 

           4)Related Legislation  . AB 774 (Chan), Chapter 755, Statutes of  
            2006 requires hospitals to provide discounted services to  
            uninsured and underinsured consumers in a program like the one  
            established by this bill.  According to AB 774, hospitals may  
            charge eligible patients the rates of Medicare, Medi-Cal, or  
            another government program.  AB 774 directs hospitals to give  
            uninsured and underinsured individuals a specified period of  
            time to qualify for insurance coverage or to negotiate a  
            payment plan with the hospital.

           Analysis Prepared by  :    Mary Ader / APPR. / (916) 319-2081