Bill Text: CA SB724 | 2009-2010 | Regular Session | Amended
Bill Title: Prisoners: hospital services.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB724 Detail]
Download: California-2009-SB724-Amended.html
BILL NUMBER: SB 724 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 13, 2009
INTRODUCED BY Senator Cogdill
FEBRUARY 27, 2009
An act to amend Section 5023.5 of, and to add
Section 5023.6 to , the Penal Code, relating to
correctional law hospital services ,
and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 724, as amended, Cogdill. Prisoners: emergency health
care hospital services.
Existing law authorizes the Department of Correction and
Rehabilitation, including the Division of Juvenile Facilities, to
contract with providers of emergency health care services. Existing
law requires hospitals that do not contract with the department for
emergency health care services to provide those services on the same
basis as they are required to be provided pursuant to specified
federal regulations. Existing law prohibits the department from
reimbursing a hospital that provides these services without a
contract at a rate that exceeds reasonable and allowable costs, as
defined by specified federal regulations and publications.
This bill would instead prohibit the department from reimbursing a
hospital that provides those services unless the department has
contracted with the hospital at a rate equal to 150% of the hospital'
s average costs as calculated by using the cost-to-charge ratio
developed from the most recent Hospital Annual Financial Disclosure
report issued by the Office of Statewide Health Planning and
Development.
Existing law requires the Department of Corrections and
Rehabilitation, including the Division of Juvenile Facilities, to
work with the State Department of Health Care Services in obtaining
hospital cost information in order to establish the costs allowable
under those provisions.
This bill would instead require the department to work with the
Office of Statewide Health Planning and Development in obtaining
hospital cost information in order to establish the reimbursement
required under those provisions.
The bill would also create the Hospital Interim
Payment Fund, as a continuously appropriated fund in the State
Treasury, for the purpose of making payments to hospitals, for
services provided on or after July 1 of the fiscal year for which no
budget has been enacted or before November 1 of that year for the
purpose of making payments to hospitals, during the period in which
the program has a deficiency. The bill would also appropriate from
the General Fund, in the form of loans, for each fiscal year in which
these payments are necessary, an amount equal to a cumulative total
of 33% of the Department of Corrections and Rehabilitation's annual
payments to all hospitals in any fiscal year.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5023.5 of the Penal Code is
amended to read:
5023.5. (a) Notwithstanding any other provision of law, the
Department of Corrections and Rehabilitation, including the Division
of Juvenile Facilities, may contract with providers of emergency
health care services. Hospitals that do not contract with the
Department of Corrections and Rehabilitation, including the Division
of Juvenile Facilities, for emergency health care services shall
provide these services to the department on the same basis as they
are required to provide these services pursuant to Section 489.24 of
Title 42 of the Code of Federal Regulations. The Department of
Corrections and Rehabilitation, including the Division of Juvenile
Facilities, shall not reimburse a hospital that provides these
services, unless the department has contracted with the hospital at a
rate equal to 150 percent of the hospital's average costs, as
calculated by using the cost-to-charge ratio developed from the most
recent Hospital Annual Financial Disclosure report issued by the
Office of Statewide Health Planning and Development.
(b) An entity that provides ambulance or any other emergency or
nonemergency response service to the Department of Corrections and
Rehabilitation, including the Division of Juvenile Facilities, and
that does not contract with the department for that service, shall be
reimbursed for the service at the rate established by Medicare. The
Department of Corrections and Rehabilitation, including the Division
of Juvenile Facilities, shall not reimburse a provider of any of
these services that the department has not contracted with at a rate
that exceeds the provider's reasonable and allowable costs,
regardless of whether the provider is located within or outside of
California.
(c) The Department of Corrections and Rehabilitation, including
the Division of Juvenile Facilities, shall work with the Office of
Statewide Health Planning and Development in obtaining hospital cost
information in order to establish the reimbursement required under
this section. The Office of Statewide Health Planning and Development
may provide the Department of Corrections and Rehabilitation,
including the Division of Juvenile Facilities, with hospital cost
information that the Office of Statewide Health Planning and
Development obtains pursuant to Chapter 1 of Part 5 of Division 107
(commencing with Section 128675) of the Health and Safety Code.
SEC. 2. SECTION 1. Section 5023.6 is
added to the Penal Code, to read:
5023.6. Notwithstanding any other provision of law and without
regard to fiscal year, if the annual Budget Act is not enacted by
June 30 of any fiscal year preceding the fiscal year to which the
budget would apply or there is a deficiency in the budget during any
fiscal year, the Controller shall annually transfer from the General
Fund, in the form of one or more loans, an amount equal to a
cumulative total of 33 percent of the Department of Corrections and
Rehabilitation's annual payments to all hospitals in the immediately
preceding fiscal year, to the Hospital Interim Payment Fund, which is
hereby created in the State Treasury. Notwithstanding Section 13340
of the Government Code, the Hospital Interim Payment Fund is hereby
continuously appropriated for the purpose of making payments to
hospitals, on or after July 1 of a fiscal year for which no budget
has been enacted and before November 1 of that year for the purpose
of making payments to hospitals during the period in which the
program has a deficiency. Payments shall be made pursuant to this
section if both of the following conditions have been met:
(a) An invoice has been submitted for the services.
(b) Payment for the services is due and payable and the Department
of Corrections and Rehabilitation, including the Division of
Juvenile Facilities, determines that payment would be valid.
