BILL NUMBER: SB 732 AMENDED
BILL TEXT
AMENDED IN SENATE JANUARY 20, 2010
AMENDED IN SENATE JANUARY 5, 2010
AMENDED IN SENATE DECEMBER 17, 2009
AMENDED IN SENATE MARCH 31, 2009
INTRODUCED BY Senator Alquist
FEBRUARY 27, 2009
An act to amend Section 1324.23 of the Health and Safety Code,
and to amend Section 14126.027 of the Welfare and
Institutions Code, relating to Medi-Cal, and declaring the
urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 732, as amended, Alquist. Medi-Cal: skilled nursing facilities:
quality assurance fees.
Existing law provides for the licensure and regulation by the
State Department of Public Health of long-term health care
facilities, including skilled nursing facilities. Existing law
requires the department to impose a uniform quality assurance fee on
each skilled nursing facility, with certain exceptions, in accordance
with a prescribed formula. The formula is based on the determination
of the projected net revenues of skilled nursing facilities. The fee
will cease to be assessed and collected on and after July 31, 2011.
Existing law provides for the Medi-Cal program, administered by
the State Department of Health Care Services, under which health care
services, including nursing facility services, are provided to
qualified low-income persons. Existing law prescribes
procedures for Medi-Cal reimbursement at these facilities.
Existing law, the Medi-Cal Long-Term Care Reimbursement Act,
requires the department, subject to federal approval and the
availability of federal funds, to implement a facility-specific
reimbursement ratesetting system for certain freestanding skilled
nursing facilities. Reimbursement rates for these facilities are
funded by a combination of federal funds and moneys collected
pursuant to the above-described uniform quality assurance fee.
Existing law provides that this rate methodology shall cease to be
implemented on July 31, 2011, with these provisions to be repealed on
January 1, 2012.
Existing law authorizes the director to adopt regulations as are
necessary to implement the above-described provisions
quality assurance fee . Existing law authorizes
the director, as an alternative to adopting regulations, to implement
the above-described provisions, in whole or in part, by means of a
provider bulletin, or other similar instructions, without taking
regulatory action, provided that neither the bulletin nor the other
similar instructions remain in effect after July 31, 2010.
This bill would, instead, prohibit the provider bulletins or other
similar instructions from remaining in effect after July 31, 2011.
This bill would permit provider bulletins or similar instructions
related to exemptions from the quality assurance fee for continuing
care retirement communities or multilevel retirement facilities,
issued prior to July 31, 2010, to remain in effect after July 31,
2010. It would also authorize the director to issue new provider
bulletins or similar instructions, after July 31, 2010, related to
exemptions from the quality assurance fee for continuing care
retirement communities or multilevel retirement facilities.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1324.23 of the Health and Safety Code is
amended to read:
1324.23. (a) The Director of Health Care Services, or his or her
designee, shall administer this article.
(b) The director may adopt regulations as are necessary to
implement this article. These regulations may be adopted as emergency
regulations in accordance with the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
For purposes of this article, the adoption of regulations shall be
deemed an emergency and necessary for the immediate preservation of
the public peace, health and safety, or general welfare. The
regulations shall include, but need not be limited to, any
regulations necessary for any of the following purposes:
(1) The administration of this article, including the proper
imposition and collection of the quality assurance fee not to exceed
amounts reasonably necessary for purposes of this article.
(2) The development of any forms necessary to obtain required
information from facilities subject to the quality assurance fee.
(3) To provide details, definitions, formulas, and other
requirements.
(c) (1) As an alternative to subdivision
(b), and notwithstanding the rulemaking provisions of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, the director may implement this article, in
whole or in part, by means of a provider bulletin, or other similar
instructions, without taking regulatory action, provided that no such
bulletin or other similar instructions shall remain in effect after
July 31, 2011 2010, except as provided in
paragraph (2) . It
(2) As an alternative to the adoption of regulations pursuant to
subdivision (b), and notwithstanding the rulemaking provisions of
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code:
(A) Provider bulletins or similar instructions related to
exemptions from the quality assurance fee for continuing care
retirement communities or multilevel retirement facilities, issued
prior to July 31, 2010, may remain in effect after July 31, 2010.
(B) The director may, after July 31, 2010, issue new provider
bulletins or similar instructions related to exemptions from the
quality assurance fee for continuing care retirement communities or
multilevel retirement facilities.
(3) It is the intent of the
Legislature that the regulations adopted pursuant to subdivision (b)
shall be adopted on or before July 31, 2011
2010 .
SEC. 2. Section 14126.027 of the Welfare and
Institutions Code is amended to read:
14126.027. (a) (1) The Director of Health Care Services, or his
or her designee, shall administer this article.
(2) The regulations and other similar instructions adopted
pursuant to this article shall be developed in consultation with
representatives of the long-term care industry, organized labor,
seniors, and consumers.
(b) (1) The director may adopt regulations as are necessary to
implement this article. The adoption, amendment, repeal, or
readoption of a regulation authorized by this section is deemed to be
necessary for the immediate preservation of the public peace, health
and safety, or general welfare, for purposes of Sections 11346.1 and
11349.6 of the Government Code, and the department is hereby
exempted from the requirement that it describe specific facts showing
the need for immediate action.
(2) The regulations adopted pursuant to this section may include,
but need not be limited to, any regulations necessary for any of the
following purposes:
(A) The administration of this article, including the specific
analytical process for the proper determination of long-term care
rates.
(B) The development of any forms necessary to obtain required cost
data and other information from facilities subject to the
ratesetting methodology.
(C) To provide details, definitions, formulas, and other
requirements.
(c) As an alternative to the adoption of regulations pursuant to
subdivision (b), and notwithstanding Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, the director may implement this article, in whole or in part,
by means of a provider bulletin or other similar instructions,
without taking regulatory action, provided that no such bulletin or
other similar instructions shall remain in effect after July 31,
2011. It is the intent that regulations adopted pursuant to
subdivision (b) shall be in place on or before July 31, 2011.
SEC. 3. 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 authorize
the State Department of Health Care Services the
continued and uninterrupted use of provider bulletins for
one additional fiscal year or similar instructions by
the State Department of Health Care Services related to exemptions
from the quality assurance fee , it is necessary for
that this act take effect immediately.