BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1872
                                                                  Page  1

          Date of Hearing:   April 21, 2010 

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   AB 1872 (Galgiani) - As Amended:  April 6, 2010

          Policy Committee:                              Health Vote:19-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill extends the sunset contained in AB 896 (Galgiani),  
          Chapter 260, Statutes of 2009 from January 1, 2011 until January  
          1, 2014. This bill addresses specific Medi-Cal hospital rates  
          and holds hospitals providing specialized high-cost inpatient  
          care to children harmless with respect to recent administrative  
          interpretation of Medi-Cal rate reductions. Specifically, this  
          bill: 

          1)Applies to hospital in-patient rates paid for services in two  
            programs: 

             a)   California Children's Services (CCS) Program (state-only  
               and Healthy Families CCS) and
             b)   Genetically Handicapped Persons Program (GHPP).

          2)Requires hospital in-patient rates paid under these programs  
            to be 90 % of the interim, cost-based Medi-Cal rate rather the  
            lower California Medical Assistance Commission (CMAC) rate.  
            The Department of Health Care Services (DHCS) was proceeding  
            to impose the CMAC rate several years ago under a new  
            statutory interpretation of a 2002 trailer bill unrelated to  
            the CCS program. 

          3)Contains a recent amendment for the rates in this bill to be  
            revisited in the context of federal health reform, if  
            appropriate. 

           FISCAL EFFECT  
           
           1)Annual Medi-Cal costs in the range of $15 million  to $25  
            million (50% GF) to hold children's hospitals addressed by  








                                                                  AB 1872
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            this bill harmless by extending the AB 896 sunset by several  
            years. These costs are already accounted for in the Medi-Cal  
            budget because this bill codifies a longstanding DHCS  
            reimbursement policy that has been followed for nearly a  
            decade. Costs in 2011 and 2014 will be half the annual costs  
            because of the timing of the sunset. 

          2)Costs for the hospital funding addressed in this bill can be  
            highly variable. Actual annual costs may be less to the extent  
            that certain patients costing $100,000 to $500,000 each for  
            in-patient services do not have significant health needs in a  
            given year. 

          3)The provisions of this bill may be revisited per recent  
            amendments. Cost shifts from public programs to private  
            insurance may occur for children with serious health  
            conditions due to recent changes in federal law. The federal  
            Patient Protection and Affordable Care Act (PL 111-148)  
            requires children be eligible for health insurance by the end  
            of 2010 without regard to pre-existing medical conditions.  
            This change, paired with the elimination of annual and  
            lifetime limits on health insurance, may reduce public payment  
            for children with serious health issues by shifting to private  
            payers. 

           COMMENTS  

           1)Rationale  . This bill is sponsored by the California Children's  
            Hospital Association to continue to hold hospitals providing  
            CCS high-cost inpatient services harmless with respect to rate  
            cuts that were going to be imposed by DHCS in 2008 due to a  
            re-interpretation of budget trailer bill enacted in 2002. 

           2)Background  . The CCS program provides a range of medical  
            services, including in-patient hospital stays to children from  
            low-income families (less than $40,000 per year) with major  
            medical conditions such as congenital heart disease and sickle  
            cell anemia. Children receive services in one of three  
            enrollment pathways: (a) CCS-Medi-Cal in which 130,000  
            children are enrolled, (b) CCS-Healthy Families in which  
            26,000 children are enrolled, and (c) CCS-only in which 20,000  
            children are enrolled.
           
          3)High-cost conditions  and services create significant fiscal  
            risk for in-patient children's hospitals. Due to the serious  








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            nature of CCS-eligible conditions, such as leukemia, parasitic  
            disease, cancer, and hemophilia, the hospitals providing  
            services may incur significant losses on expensive treatments  
            if reduced to the CMAC rate if this bill is not enacted. 

          For example, according to the sponsors of this bill, a four-year  
            old with recently diagnosed leukemia was hospitalized for  
            three weeks at a cost of $65,000. Without the hold harmless  
            rate protections, reimbursement would be $25,000 less than  
            cost. Another example demonstrating the impact of high-cost  
            service provision is a 12-year old with a cardiac valve  
            malformation resulting in six weeks of hospitalization and a  
            $141,000 cost. This would be reimbursed at $82,000 less than  
            cost without this legislation. 

           4)Related Legislation  . AB 896 (Galgiani), Chapter 260, Statutes  
            of 2009 and AB 2474 (Galgiani), Chapter 496, Statutes of 2008  
            address the same hospital funding issue addressed by AB 1872. 


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