BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                   AB 272|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                 THIRD READING


          Bill No:  AB 272
          Author:   Monning (D)
          Amended:  1/25/12 in Senate
          Vote:     27 - Urgency

           
           SENATE HEALTH COMMITTEE  :  5-0, 1/11/12
          AYES:  Hernandez, Alquist, De Le�n, DeSaulnier, Wolk
          NO VOTE RECORDED:  Strickland, Anderson, Blakeslee, Rubio

           SENATE APPROPRIATIONS COMMITTEE  :  6-2, 1/19/12
          AYES:  Kehoe, Alquist, Lieu, Pavley, Price, Steinberg
          NOES:  Walters, Emmerson
          NO VOTE RECORDED:  Runner

           ASSEMBLY FLOOR  :  Not relevant


           SUBJECT :    Health care facilities:  financing

           SOURCE  :     California State Treasurer Bill Lockyer


           DIGEST  :    This bill permits the California Health 
          Facilities Financing Authority to award one or more grants, 
          as specified, to one or more projects designed to 
          demonstrate specified new or cost-effective methods of 
          delivering health care services to improve access to 
          quality health care for vulnerable populations or 
          communities that are effective at enhancing health 
          outcomes, and improving access to quality health care.

           ANALYSIS  :    
                                                           CONTINUED





                                                                AB 272
                                                                Page 
          2


           Existing law  :

          1.Establishes California Health Facilities Financing 
            Authority (CHFFA), consisting of nine members, including 
            the State Treasurer who serves as chairman, through the 
            CHFFA Act.

          2.Permits CHFFA to make loans from the continuously 
            appropriated CHFFA Fund to public or nonprofit health 
            institutions for financing or refinancing the 
            acquisition, construction, or remodeling of health 
            facilities. 

          3.Requires, for the purposes of CHFFA's loans, a nonprofit 
            health institution to include, but not be limited to: a 
            general acute care hospital; an acute psychiatric 
            hospital; a skilled nursing facility (SNF); an 
            intermediate care facility; a special health care 
            facility that provides medical, nursing, rehabilitation, 
            dental, or maternity services; a clinic; an adult day 
            health center; a county-operated health facility; a 
            residential facility for the elderly that is operated as 
            a part of, or in conjunction with, an intermediate care 
            facility, a SNF, or a general acute care hospital; a 
            child day care facility operated in conjunction with a 
            health facility; an intermediate care 
            facility/developmentally disabled habilitative, that is a 
            health facility; a community care facility; an accredited 
            community work-activity program; a community mental 
            health center; a speech and hearing center; or a blood 
            bank. 

          This bill:

           1. Permits CHFFA, after a competitive selection process, 
             to award one or more grants that, in the aggregate, do 
             not exceed $1.5 million to one or more projects designed 
             to demonstrate new or cost-effective methods of 
             delivering health care services to improve access to 
             quality health care for vulnerable populations or 
             communities that are effective at enhancing health 
             outcomes, and improving access to quality health care.  
             Exempts the competitive selection process from 







                                                                AB 272
                                                                Page 
          3

             competitive bidding requirements under existing law, as 
             specified.

           2. Permits the services to include, but not be limited to, 
             medical, mental health, or dental services for the 
             diagnosis, care, prevention, and treatment of human 
             illness, or individuals with physical, mental, or 
             developmental disabilities. 

           3. Permits more than one demonstration project to receive 
             a grant.  States legislative intent that grantees allow 
             patients to receive screenings, diagnoses, or treatments 
             in community settings, including, but not limited to, 
             school-based health centers, adult day health centers, 
             and residential care facilities for the elderly, or for 
             individuals with mental illness or developmental 
             disabilities.  

           4. Permits grants to a demonstration project to be 
             allocated in increments over multiple years to ensure 
             the demonstration project's ability to complete its 
             work, as determined by CHFFA. 

           5. Requires the demonstration project administrators, 
             prior to the initial allocation of funds, to provide 
             evidence that the project has or will have additional 
             funds sufficient to ensure completion of the project.

           6. Requires, if CHFFA allocates a grant in increments, 
             that each subsequent year's allocation be provided to 
             the project only upon submission of research that shows 
             that the project is progressing towards the 
             identification of a cost-effective delivery model that 
             improves health outcomes and access to quality care for 
             vulnerable populations or communities, and can be 
             replicated throughout the state in community settings.

           7. Prohibits a health facility, except for one that 
             qualifies as a "small and rural hospital", that has 
             received tax-exempt bond financing from CHFFA from being 
             eligible to receive funds for a demonstration project, 
             but permits it to participate as an uncompensated 
             partner or member of a collaborative effort that is 
             awarded a demonstration project grant.







                                                                AB 272
                                                                Page 
          4


           8. States that funds provided to a demonstration project 
             pursuant to this subdivision may be used to supplement, 
             but not to supplant, existing financial and resource 
             commitments of the grantee or grantees or any other 
             member of a collaborative effort that has been awarded a 
             demonstration project grant.

           9. Requires CHFFA, to provide a report to the Legislature 
             and the Governor, by January 1, 2014, the outcomes of 
             the demonstration project, as specified.  

           10.Creates the California Health Access Model Program 
             Account (Account) in the CHFFA Fund and continuously 
             appropriates the moneys in the Account to CHFFA for 
             carrying out the purposes of this bill.  Transfers an 
             amount of up $1.5 million from funds in the CHFFA Fund 
             that are not impressed with a trust for other purposes 
             into the Account for the purpose of issuing grants 
             pursuant to this bill.  Reverts any monies remaining in 
             the Account on January 1, 2015, to the CHFFA Fund.

           11.States that any recipient of a grant provide pursuant 
             to subdivision (b) shall adhere to all applicable laws 
             relating to scope of practice, licensure, staffing and 
             building codes.

           FISCAL EFFECT  :    Appropriation:  Yes   Fiscal Com.:  Yes   
          Local:  No

                          Fiscal Impact (in thousands)

           Major Provisions                2011-12     2012-13    
           2013-14   Fund  

          Fund transfer            $1,500              Special*

          CHFFA grant admin.                           absorbable 
          costs for demonstration                      Special*
                              Program.


          * CHFFA Fund








                                                                AB 272
                                                                Page 
          5

           SUPPORT  :   (Verified   1/25/12)

          California State Treasurer Bill Lockyer (source)
          American Federation of State, County and Municipal 
          Employees
          Association of California Healthcare Districts
          California Hospital Association

           OPPOSITION  :    (Verified   1/25/12)

          California Nurses Association

           ARGUMENTS IN SUPPORT  :    California State Treasurer Bill 
          Lockyer, the sponsor of this bill, writes that this bill 
          will authorize CHFFA to use money from its fund balance to 
          fast-track and spur innovative new grant programs which 
          target the state's burgeoning health care needs.  The 
          Treasurer writes that California's health care and medical 
          services systems have undergone devastating reductions, 
          leaving its most vulnerable and underserved populations 
          without the proper access to health care needed to survive 
          and thrive.  In light of this, the Treasurer contends that 
          it is important, and within CHFFA's mission, to utilize 
          available funds to immediately spur innovative and 
          cost-effective health care services approaches, even when 
          the available funds are relatively modest.  The Treasurer 
          states that this bill would do just that by allowing 
          existing monies in the CHFFA fund balance to support the 
          creation of new models for health care delivery to 
          California's most vulnerable populations and communities.  
          The California Hospital Association writes that using these 
          monies to spark innovative and cost-effective models for 
          delivering health care for underserved and vulnerable 
          populations presents the opportunity to greatly impact 
          millions of people who have been hit the hardest by 
          decreases in health care services.

           ARGUMENTS IN OPPOSITION  :    The California Nurses 
          Association opposes this bill and writes, "The bill 
          eliminates from the competitive process health facilities 
          that have receive tax-exempt bond financing from CHFFA but 
          allows them to participate as uncompensated partners or as 
          members of a collaborative effort that is awarded a 
          demonstration projects.  Allowing health facilities that 







                                                                AB 272
                                                                Page 
          6

          have received tax-exempt bonds to participate in any way 
          potentially undermines community health projects.  Their 
          participation may be used by the non-profit healthcare 
          industry to pad their already overinflated community 
          benefit numbers and any supplant existing community 
          undertakings.  We believe that health facilities that have 
          received tax-exempt bond financing should be entirely 
          excluded from these demonstration projects." 
           

          CTW:do  1/25/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****