BILL NUMBER: AB 1728 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 16, 2012
AMENDED IN ASSEMBLY MARCH 27, 2012
INTRODUCED BY Assembly Member Galgiani
FEBRUARY 16, 2012
An act to amend Section 14105.18 of the Welfare and Institutions
Code, relating to health care , and declaring the urgency
thereof, to take effect immediately .
LEGISLATIVE COUNSEL'S DIGEST
AB 1728, as amended, Galgiani. Health care programs: provider
reimbursement rates.
Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Care Services, under
which qualified low-income individuals receive health care benefits.
The Medi-Cal program is, in part, governed and funded by federal
Medicaid Program provisions. Existing law requires the department and
other state agencies to administer various health programs,
including the California Children's Services Program, Genetically
Handicapped Person's Program, Breast and Cervical Cancer Early
Detection Program, State-Only Family Planning Program, Family
Planning, Access, Care, and Treatment (Family PACT) Program, Healthy
Families Program, and Access for Infants and Mothers Program.
Existing law requires provider rates of payment for services under
these programs to be identical to the rates of payment for the same
service performed by the same provider type pursuant to the Medi-Cal
program.
This bill would provide an exception to this latter provision and
require hospital inpatient rates of payment for specified programs
for dates of service on or after January 1, 2011, through December
31, 2016, to be 90% of the Medi-Cal hospital interim rates of
payment, as developed by the department.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: majority 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 14105.18 of the Welfare and Institutions Code
is amended to read:
14105.18. (a) Notwithstanding any other law, and except as
provided in subdivision (d), provider rates of payment for services
rendered in all of the following programs shall be identical to the
rates of payment for the same service performed by the same provider
type pursuant to the Medi-Cal program.
(1) The California Children's Services Program established
pursuant to Article 5 (commencing with Section 123800) of Chapter 3
of Part 2 of Division 106 of the Health and Safety Code.
(2) The Genetically Handicapped Person's Program established
pursuant to Article 1 (commencing with Section 125125) of Chapter 2
of Part 5 of Division 106 of the Health and Safety Code.
(3) The Breast and Cervical Cancer Early Detection Program
established pursuant to Article 1.3 (commencing with Section 104150)
of Chapter 2 of Part 1 of Division 103 of the Health and Safety Code
and the breast cancer programs specified in Section 30461.6 of the
Revenue and Taxation Code.
(4) The State-Only Family Planning Program established pursuant to
Division 24 (commencing with Section 24000).
(5) The Family Planning, Access, Care, and Treatment (Family PACT)
Program established pursuant to subdivision (aa) of Section 14132.
(6) The Healthy Families Program established pursuant to Part 6.2
(commencing with Section 12693) of Division 2 of the Insurance Code
if the health care services are provided by a Medi-Cal provider
pursuant to subdivision (b) of Section 12693.26 of the Insurance
Code.
(7) The Access for Infants and Mothers Program established
pursuant to Part 6.3 (commencing with Section 12695) of Division 2 of
the Insurance Code if the health care services are provided by a
Medi-Cal provider.
(b) The director may identify in regulations other programs not
listed in subdivision (a) in which providers shall be paid rates of
payment that are identical to the rates of payments in the Medi-Cal
program pursuant to subdivision (a).
(c) Notwithstanding subdivision (a), services provided under any
of the programs described in subdivisions (a) and (b) may be
reimbursed at rates greater than the Medi-Cal rate that would
otherwise be applicable if those rates are adopted by the director in
regulations.
(d) Hospital inpatient rates of payment for services rendered in
the programs described in paragraphs (1) to (5), inclusive, of
subdivision (a) for dates of service on or after January 1, 2011,
through December 31, 2016, shall be 90 percent of the Medi-Cal
hospital interim rates of payment, as developed by the department.
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 changes to state-funded health programs to
prevent the retroactive recoupment of funds paid to hospitals for
inpatient services, it is necessary that this act take effect
immediately.