BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de Le�n, Chair


          AB 1124 (Muratsuchi) - Medi-Cal: reimbursement rates.
          
          Amended: February 14, 2014      Policy Vote: Health 7-0
          Urgency: Yes                    Mandate: No
          Hearing Date: February 24, 2014                         
          Consultant: Brendan McCarthy    
          
          This bill may meet the criteria for referral to the Suspense  
          File.
          
          
          Bill Summary: AB 1124, an urgency measure, would extend the  
          deadline for the Department of Health Care Services to develop a  
          new methodology for setting rates paid to laboratory service  
          providers in the Medi-Cal program. The bill would also extend  
          the existing exemption for such providers from the requirement  
          that laboratory service providers charge Medi-Cal no more than  
          the "comparable price" paid by other payers.

          Fiscal Impact: 
              Unknown potential loss of savings due to higher Medi-Cal  
              costs for laboratory services than would occur under the  
              comparable price regulation (General Fund and Federal  
              Funds). 

              Because the bill extends the exemption from the comparable  
              price regulation for laboratory services providers, it is  
              possible that the state would pay more for those services  
              than would occur if providers were subject to the comparable  
              price requirement. However, enforcement of the comparable  
              price regulation has been difficult (owing to the complexity  
              of pricing for health care services). Therefore it is  
              unknown whether continuing to exempt laboratory service  
              providers from the comparable price regulation would  
              actually increase state costs between enactment of this bill  
              and the adoption of the new rate methodology.

          Background: Under current law, providers of outpatient medical  
          laboratory services to the Medi-Cal program are paid rates equal  
          to 80% of the Medicare rate.  Also, existing regulations  
          prohibit any Medi-Cal provider from charging the program more  
          than is charged to other payers for similar services, referred  








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          to as the "comparable price" regulation. 

          In addition, providers of laboratory services are subject to  
          both a 10% rate reduction applied to most Medi-Cal providers  
          (under AB 97, Statutes of 2012) and an additional 10% rate  
          reduction specific to providers of laboratory services (under AB  
          1494, Statutes of 2012).  These rate reductions have not yet  
          been implemented by the Department of Health Care Services. AB  
          1494 also requires the Department of Health Care Services to  
          develop a new rate methodology for laboratory services  
          comparable to the average of the lowest amount paid by other  
          payers or other state Medicaid programs for similar services. AB  
          1494 exempts laboratory providers from the comparable price  
          regulation until April 2014 and/or once the new rate methodology  
          has been implemented.

          According to the Department of Health Care Services, the new  
          rate methodology has not been fully developed yet. Therefore,  
          without this bill, providers of laboratory services would once  
          again be subject to the comparable price regulation. 

          Proposed Law: AB 1124 would extend the deadline for the  
          Department of Health Care Services to develop a new methodology  
          for setting rates paid to laboratory service providers in the  
          Medi-Cal program. 

          The bill would extend the existing exemption for such providers  
          from the requirement that laboratory service providers charge  
          Medi-Cal no more than the "comparable price" paid by other  
          payers until July 1, 2015.

          The bill would require the Department of Health Care Services to  
          adopt regulations implementing the new rate methodology for  
          laboratory services by June 30, 2016.

          This bill is an urgency measure.


          Staff Comments: As noted above, enforcement of the comparable  
          price requirement has been difficult in the past. However, some  
          providers of laboratory services have been subject to litigation  
          by the state when it was found that the Medi-Cal program had  
          been paying rates above those paid by other payers.









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