Health Mandates Review Program., the official text

An act to add and repeal Chapter 7.3 (commencing with 127668) to Part 2 of Division 107 of the Health and Safety Code, relating to health care.

LEGISLATIVE COUNSEL'S DIGEST

Existing law requests the University of California to establish the California Health Benefit Review Program (CHBRP) to assess legislation proposing to mandate a health care benefit or service or repeal a mandated benefit or service and to prepare a written analysis. Existing law authorizes an appropriate policy or fiscal committee chairperson, the Speaker of the Assembly, or the President pro Tempore of the Senate to request that written analysis. Under existing law, a written analysis is requested to be provided to the Legislature not later than 60 days after a request for analysis is made. Existing law establishes the Health Care Benefits Fund, funded by an annual fee on health care service plans and health insurers, to support the University of California and CHBRP.
This bill would require the Department of Health Care Access and Information to seek to partner with the University of California to develop a plan to establish the Center for Health Provider Policy Impact to assess and evaluate the impact of state and federal policies on hospitals. The bill would require the center to evaluate anticipated and actual impacts of proposed policies on health care delivery, access, workforce, and system sustainability and would require the center to create reports, at least annually, as specified. The bill would authorize the Legislature to request that the center review specific legislation or issues. The bill would establish the Health Provider Impact Fund. The bill would require the department to assess a fee for each hospital for the costs required to fund the above-described activities, as specified, thus imposing a tax. The bill would repeal these provisions on January 1, 2033.

The people of the State of California do enact as follows:

SECTION 1.
Chapter 7.3 (commencing with Section 127668) is added to Part 2 of Division 107 of the Health and Safety Code, to read:
7.3.
Center for Health Provider Policy Impact127668.
(a) The Department of Health Care Access and Information shall seek to partner with the University of California to develop a plan, no later than January 1, 2028, to establish the Center for Health Provider Policy Impact to assess and evaluate the impact of state and federal policies on hospitals.
(b) The center shall evaluate the anticipated and actual impacts of proposed policies on health care delivery, access, workforce, and system sustainability.
(c) The center shall, at least annually, and no later than June 1 each year for analyses of proposed legislation, publish reports that do, but are not limited to, all of the following:
(1) Review and analyze proposed legislation, regulations, and other policy actions affecting hospitals and health care providers.
(2) Assess the impacts of those policies on public health outcomes, health care access, delivery, workforce, and system sustainability.
(3) Analyze disparities in policy impacts across regions, including rural and underserved areas.
(4) Identify emerging trends and policy issues likely to affect access to care, quality of care, and system sustainability.
(d) The Legislature may request that the center review specific legislation or issues.
(e) The center shall post all requested, initiated, and completed analyses on its internet website and submit all reports to the appropriate policy and fiscal committees of the Legislature and to appropriate state departments and agencies. The reports required by subdivision (c) shall be submitted in compliance with Section 9795 of the Government Code.
(f) In order to effectively support the University of California and its work in implementing this chapter, there is hereby established in the State Treasury the Health Provider Impact Fund. The university’s work in providing the bill analyses shall be supported from the fund.
(g) Each hospital shall be assessed an annual fee in an amount determined by the Department of Health Care Access and Information through regulation and shall be limited to the amount necessary to fund the actual and necessary expenses of the university and its work in implementing this chapter. The total annual assessment shall not exceed three million dollars ($3,000,000).
(h) The Department of Health Care Access and Information shall assess each hospital respectively, for the costs required to fund the activities pursuant to subdivision (c).
(1) Hospitals shall be notified of the assessment on or before June 15 of each year.
(2) The assessed fee shall be paid on an annual basis no later than August 1 of each year. The Department of Health Care Access and Information shall forward the assessed fees to the Controller for deposit in the Health Provider Impact Fund immediately following their receipt.
(i) For the purposes of this section, “hospital” includes the following entities:
(1) A general acute care hospital, as defined in subdivision (a) of Section 1250.
(2) An acute psychiatric hospital, as defined in subdivision (b) of Section 1250.
(3) A special hospital, as defined in subdivision (f) of Section 1250.

127669.
This chapter shall remain in effect only until January 1, 2033, and as of that date is repealed.