BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1985
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1985 (Galgiani)
          As Amended July 15, 2010
          Majority vote
           
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          |ASSEMBLY:  |52-22|(June 1, 2010)  |SENATE: |34-0 |(August 19,    |
          |           |     |                |        |     |2010)          |
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           Original Committee Reference:    HEALTH  

           SUMMARY  :  Requires the Department of Corrections and  
          Rehabilitation (CDCR), by January 1, 2011, to adopt industry  
          standard claim forms for use by contract health care providers,  
          to be able to accept electronic submissions of claims from  
          contract health care providers, to perform periodic audits of  
          claims paid to contract health care providers, and to provide  
          remote electronic access to claim status information to contract  
          health care providers. The bill would authorize CDCR to adopt  
          policies and procedures for enabling electronic health care  
          claims management and processing, and would exempt the adoption,  
          amendment, and repeal of policies and procedures for this  
          limited purpose from the rulemaking provisions of the  
          Administrative Procedures Act (APA). 

           The Senate amendments  :

          1)Delete the provisions of this bill related to durable medical  
            equipment (DME).

          2)Makes specified legislative findings and declarations  
            regarding contractors providing specified medical care to CDCR  
            inmates. 

          3)Require CDCR to do all of the following by January 1, 2011:  

             a)   Adopt industry standard claim forms for use by contract  
               health care service providers;

             b)   Be able to accept secure electronic submission of claims  
               from contract health care service providers;

             c)   Perform periodic audits of claims paid to contract  
               health care providers; and, 








                                                                  AB 1985
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             d)   Provide secure, remote electronic access to claim status  
               information to those contract health care service providers  
               submitting claims electronically in the manner required by  
               the department. 

          4)Authorizes CDCR to adopt policies and procedures for the  
            purpose of enabling electronic health care claims management  
            and processing and would exempt the adoption, amendment, and  
            repeal of policies and procedures for this limited purpose  
            from the rulemaking provisions of the APA.

           AS PASSED BY THE ASSEMBLY  , this bill permitted CDCR to use  
          Medi-Cal's methodology for determining maximum allowable  
          reimbursement rates for DME, if approved by the federal receiver  
          or when CDCR is no longer under the authority of the federal  
          receiver.  Exempted the provisions of this bill from APA.   

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee:

                            Fiscal Impact (in thousands)

           Major Provisions     2010-11       2011-12     2012-13          Fund
                                            
          Codifies existing practice     No new state costs resulting from  
          this bill          General
                             New state savings after receivership  
          endsGeneral 

          APA exemption      Potentially significant future state  
          savingsGeneral

          COMMENTS  :  The Federal Receiver has already directed staff to  
          begin the activities specified in this bill, and they are in  
          process under his authority (and in the absence of statute).  
          When the receivership ends, the bill will serve to continue  
          these policies, which have already been demonstrated to achieve  
          ongoing cost avoidance.  Additionally, this bill would permit  
          CDCR to adopt policies and procedures for the purpose of  
          enabling electronic healthcare claims management and processing  
          and would exempt the adoption, amendment, or repeal of policies  
          and procedures for this limited purpose from the rulemaking  
          provisions of the APA. This exemption would allow CDCR, after  
          the federal receivership has ended, to make changes to these  








                                                                  AB 1985
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          policies without going through a lengthier APA process.  
          Presumably, this would allow the department to respond more  
          quickly to changing circumstances and achieve greater  
          efficiencies.

           
          Analysis Prepared by  :    Martin Radosevich / HEALTH / (916)  
          319-2097 


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