California-2009-AB896-Amended

BILL NUMBER: AB 896	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 8, 2009

INTRODUCED BY   Assembly Member Galgiani

                        FEBRUARY 26, 2009

   An act to amend and repeal Section 14105.18 of the Welfare and
Institutions Code, relating to health care.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 896, 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.
   Existing law also requires the department 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, and Family Planning, Access, Care, and Treatment (Family
PACT) Waiver 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, except, until January 1, 2010, with
regard to hospital interim rates of payment, which existing law
requires to be 90% of Medi-Cal hospital inpatient rates of payment,
as provided.
   This bill would  extend indefinitely   , if
AB 1383 is not enacted during the 2009 portion of the 2009-10 Regular
Session of the Legislature, provide that  the provisions that
would otherwise be repealed on January 1, 2010  , be repealed on
January 1, 2011  .  This bill would, if AB 1383 is enacted
during the 2009 portion of the 2009-10 Regular Session of the
Legislature, provide that the provisions that would otherwise be
repealed on January 1, 2010, be repealed on the earlier of the date
the department receives federal approval for the implementation of
the provisions in AB 1383, but not before   January 1, 2010,
or January 1, 2011. 
   Vote: majority. 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   , as amended by
Section 1 of Chapter 496 of the Statutes of 2008, is amended to read:

   14105.18.  (a) Notwithstanding any other provision of law,
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, except that hospital inpatient rates of payment
shall be 90 percent of the Medi-Cal hospital interim rates of
payment, as developed by the department, and these hospital rates
shall not be subject to any further reductions to Medi-Cal rates of
payment enacted before or after the effective date of the act that
amended this subdivision during the 2007-08 Regular Session.
   (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 1.5 (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)
Waiver Program established pursuant to subdivision (aa) of Section
14132.
   (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) This section shall remain in effect only until 
January 1, 2010   the earlier of the date   the
department receives federal approval for the implementation of Artic
  le 5.21 (commencing with Section 14167.1) and Article
5.22 (commencing with Section 14167.31), but not before January 1,
2010, or January 1, 2011  , and as of that date is repealed,
unless a later enacted statute, that is enacted before 
January 1, 2010   the   earlier   of
the date the department receives federal approval for the
implementation of Article 5.21 (commencing with Section 14167.1)
  , but not before January 1, 2010,   and Article
5.22 (commencing with Section 14167.31) or January 1,   2011
 , deletes or extends that date.
   SECTION 1.   SEC. 2.   Section 14105.18
of the Welfare and Institutions Code, as amended by Section 1 of
Chapter 496 of the Statutes of 2008, is amended to read:
   14105.18.  (a) Notwithstanding any other provision of law,
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, except that hospital inpatient rates of payment
shall be 90 percent of the Medi-Cal hospital interim rates of
payment, as developed by the department, and these hospital rates
shall not be subject to any further reductions to Medi-Cal rates of
payment enacted before or after the effective date of the act that
amended this subdivision during the 2007-08 Regular Session.
   (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 1.5 (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)
Waiver Program established pursuant to subdivision (aa) of Section
14132.
   (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) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date. 
   SEC. 3.    Section 14105.18 of   the 
 Welfare and Institutions Code   , as added by Section 2
of Chapter 496 of the Statutes of 2008, is amended to read: 
   14105.18.  (a) Notwithstanding any other provision of law,
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 1.5 (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)
Waiver Program established pursuant to subdivision (aa) of Section
14132.
   (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) This section shall become operative on  January 1,
2010   the   earlier   of the date the
department receives federal approval for the implementation of
Article 5.21 (commencing with Section 14167.1) and Article 5.22 
 (commencing with Section 14167.31)   , but not before
January 1, 2010,  or January 1,   2011  .

  SEC. 2.    Section 14105.18 of the Welfare and
Institutions Code, as added by Section 2 of Chapter 496 of the
Statutes of 2008, is repealed. 
   SEC. 4.    Section 14105.18 of   the 
 Welfare and Institutions Code   , as added by Section 2
of Chapter 496 of the Statutes of 2008   , is amended to
read: 
   14105.18.  (a) Notwithstanding any other provision of law,
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 1.5 (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)
Waiver Program established pursuant to subdivision (aa) of Section
14132.
   (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) This section shall become operative on January 1, 
2010   2011  .
   SEC. 5.    (a) If Assembly Bill 1383 is enacted
during the 2009 portion of the 2009-10 Regular Session of the
Legislature, Sections 1 and 3 of this bill shall become operative and
Sections 2 and 4 of this bill shall not become operative.  

   (b) If Assembly Bill 1383 is not enacted during the 2009 portion
of the 2009-10 Regular Session of the Legislature, Sections 2 and 4
of this bill shall become operative and Sections 1 and 3 of this bill
shall not become operative.