AB 542 - An Act to Add Section 1279.4 to the Health and Safety Code, to Add Sections 12693.56, 12699.06, and 12713.5 to the Insurance Code, and to Add Article 5.5 (Commencing with Section 14183) to Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code, Relating to Public Health.

Hospital acquired conditions. 2009-2010 Legislature. View bill details
Author(s):
Summary:
Existing law establishes various programs for the prevention of disease and the promotion of health, including, but not limited to, the licensing and regulation of health facilities to be administered by the State Department of Public Health. Existing law requires specified health facilities to report patient adverse events to the department within 5 days. A violation of these provisions is a… More
Existing law establishes various programs for the prevention of disease and the promotion of health, including, but not limited to, the licensing and regulation of health facilities to be administered by the State Department of Public Health. Existing law requires specified health facilities to report patient adverse events to the department within 5 days. A violation of these provisions is a misdemeanor.

This bill would require the medical director and the director of nursing of a hospital to annually report adverse events and hospital acquired conditions to its governing board.

By changing the definition of an existing crime, this bill would impose a state-mandated local program.

Existing law provides for the Medi-Cal program, administered by the State Department of Health Care Services, under which health care services are provided to qualified low-income persons.

This bill would require the State Department of Health Care Services to convene a technical working group to evaluate options for implementing nonpayment policies and practices for hospital acquired conditions for the Medi-Cal program, as specified. This bill would require the technical working group to provide the best options to the Director of Health Care Services, the Secretary of California Health and Human Services, and the Legislature by February 1, 2011. This bill would also require the department to implement nonpayment policies and procedures for hospital acquired conditions for the Medi-Cal program, as specified.

Existing law imposes various functions and duties on the Managed Risk Medical Insurance Board with respect to the regulation and administration of various insurance programs, including the Healthy Families Program.

This bill would require certain managed care plans contracting with the board to implement nonpayment policies and practices for hospital acquired conditions that are consistent with those adopted by the Medi-Cal program through their contracts with health care facilities, as defined.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason. Hide
 
Status:
This bill was passed by both houses and vetoed by the Governor. It did not become law
Senate Vote: On Passage

PASSED on August 23, 2010.

voted YES: 22 voted NO: 13
4 voted present/not voting

An Act to Add Section 1279.4 to the Health and Safety Code, to Add Sections 12693.56, 12699.06, and 12713.5 to the Insurance Code, and to Add Article 5.5 (Commencing with Section 14183) to Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code, Relating to Public Health.

AB 542 — 2009-2010 Legislature

Summary
Existing law establishes various programs for the prevention of disease and the promotion of health, including, but not limited to, the licensing and regulation of health facilities to be administered by the State Department of Public Health. Existing law requires specified health facilities to report patient adverse events to the department within 5 days. A violation of these provisions is a misdemeanor.

This bill would require the medical director and the director of nursing of a hospital to annually report adverse events and hospital acquired conditions to its governing board.

By changing the definition of an existing crime, this bill would impose a state-mandated local program.

Existing law provides for the Medi-Cal program, administered by the State Department of Health Care Services, under which health care services are provided to qualified low-income persons.

This bill would require the State Department of Health Care Services to convene a technical working group to evaluate options for implementing nonpayment policies and practices for hospital acquired conditions for the Medi-Cal program, as specified. This bill would require… More
Existing law establishes various programs for the prevention of disease and the promotion of health, including, but not limited to, the licensing and regulation of health facilities to be administered by the State Department of Public Health. Existing law requires specified health facilities to report patient adverse events to the department within 5 days. A violation of these provisions is a misdemeanor.

This bill would require the medical director and the director of nursing of a hospital to annually report adverse events and hospital acquired conditions to its governing board.

By changing the definition of an existing crime, this bill would impose a state-mandated local program.

Existing law provides for the Medi-Cal program, administered by the State Department of Health Care Services, under which health care services are provided to qualified low-income persons.

This bill would require the State Department of Health Care Services to convene a technical working group to evaluate options for implementing nonpayment policies and practices for hospital acquired conditions for the Medi-Cal program, as specified. This bill would require the technical working group to provide the best options to the Director of Health Care Services, the Secretary of California Health and Human Services, and the Legislature by February 1, 2011. This bill would also require the department to implement nonpayment policies and procedures for hospital acquired conditions for the Medi-Cal program, as specified.

Existing law imposes various functions and duties on the Managed Risk Medical Insurance Board with respect to the regulation and administration of various insurance programs, including the Healthy Families Program.

This bill would require certain managed care plans contracting with the board to implement nonpayment policies and practices for hospital acquired conditions that are consistent with those adopted by the Medi-Cal program through their contracts with health care facilities, as defined.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason. Hide
Learn More
At LegInfo.ca.gov
Title
An Act to Add Section 1279.4 to the Health and Safety Code, to Add Sections 12693.56, 12699.06, and 12713.5 to the Insurance Code, and to Add Article 5.5 (Commencing with Section 14183) to Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code, Relating to Public Health.
Author(s)
Mike Feuer
Co-Authors
    Subjects
    • Hospital acquired conditions
    Major Actions
    Introduced2/25/2009
    Referred to Committee
    Passed Assembly Committee on Health4/28/2009
    Passed Assembly Committee on Appropriations5/28/2009
    Passed Assembly6/01/2009
    Passed Senate Committee on Health6/30/2010
    Passed Senate Committee on Appropriations8/02/2010
    Passed Senate Committee on Appropriations8/12/2010
    Passed Senate8/23/2010
    Passed Assembly8/25/2010
    Presented to the governor (enrolled)9/03/2010
    Vetoed by Governor9/29/2010
    Vetoed by Governor9/29/2010
    Bill History
    Chamber/CommitteeMotionDateResult
    select this voteAssembly Committee on HealthDo pass as amended and be re-referred to the Committee on Appropriations.4/28/2009This motion PASSED the Assembly Committee on Health
    13 voted YES 3 voted NO 3 voted present/not voting
    select this voteAssembly Committee on AppropriationsDo pass.5/28/2009This motion PASSED the Assembly Committee on Appropriations
    12 voted YES 5 voted NO 0 voted present/not voting
    select this voteAssemblyAB 542 FEUER Assembly Third Reading6/01/2009This bill PASSED the Assembly
    50 voted YES 26 voted NO 4 voted present/not voting
    select this voteSenate Committee on HealthDo pass as amended, and re-refer to the Committee on Appropriations.6/30/2010This motion PASSED the Senate Committee on Health
    6 voted YES 2 voted NO 1 voted present/not voting
    select this voteSenate Committee on AppropriationsPlaced on Appropriations Suspense file.8/02/2010This motion PASSED the Senate Committee on Appropriations
    10 voted YES 0 voted NO 1 voted present/not voting
    select this voteSenate Committee on AppropriationsDo pass as amended.8/12/2010This motion PASSED the Senate Committee on Appropriations
    7 voted YES 3 voted NO 1 voted present/not voting
    currently selectedSenateAssembly 3rd Reading AB542 Feuer By Alquist8/23/2010This bill PASSED the Senate
    22 voted YES 13 voted NO 4 voted present/not voting
    select this voteAssemblyAB 542 FEUER Concurrence in Senate Amendments8/25/2010This bill PASSED the Assembly
    52 voted YES 26 voted NO 0 voted present/not voting
    ActionDateDescription
    Introduced2/25/2009
    2/25/2009Read first time. To print.
    2/26/2009From printer. May be heard in committee March 28.
    3/12/2009Referred to Com. on HEALTH.
    4/21/2009In committee: Set, first hearing. Hearing canceled at the request of author.
    4/22/2009From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.
    4/23/2009Re-referred to Com. on HEALTH.
    select this voteVote4/28/2009Do pass as amended and be re-referred to the Committee on Appropriations.
    5/04/2009From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 13. Noes 3.) (April 28).
    5/05/2009Read second time and amended.
    5/06/2009Re-referred to Com. on APPR.
    5/28/2009In committee: Set, first hearing. Referred to APPR. suspense file.
    select this voteVote5/28/2009Do pass.
    5/29/2009From committee: Do pass. (Ayes 12. Noes 5.) (May 28). Read second time. To third reading.
    6/01/2009Read third time, passed, and to Senate. (Ayes 50. Noes 26. Page 1880.)
    select this voteAssembly Vote on Passage6/01/2009AB 542 FEUER Assembly Third Reading
    6/02/2009In Senate. Read first time. To Com. on RLS. for assignment.
    6/11/2009Referred to Com. on HEALTH.
    6/18/2009From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.
    6/30/2009In committee: Set, first hearing. Hearing canceled at the request of author.
    7/02/2009In committee: Set, second hearing. Hearing canceled at the request of author.
    6/10/2010In committee: Hearing postponed by committee.
    6/23/2010From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.
    select this voteVote6/30/2010Do pass as amended, and re-refer to the Committee on Appropriations.
    7/15/2010From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (June 30). Read second time and amended. Re-referred to Com. on APPR.
    8/02/2010From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. In committee: Set, first hearing. Referred to APPR suspense file.
    select this voteVote8/02/2010Placed on Appropriations Suspense file.
    select this voteVote8/12/2010Do pass as amended.
    8/16/2010From committee: Amend, and do pass as amended. (Ayes 7. Noes 3.) (August 12).
    8/17/2010Read second time and amended. Ordered to third reading.
    8/23/2010Read third time, passed, and to Assembly. (Ayes 22. Noes 13. Page 4776.)
    8/23/2010In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 25 pursuant to Assembly Rule 77.
    currently selectedSenate Vote on Passage8/23/2010Assembly 3rd Reading AB542 Feuer By Alquist
    8/24/2010Assembly Rule 77 suspended. (Ayes 49. Noes 27. Page 6562.) Passed on file.
    8/25/2010Senate amendments concurred in. To enrollment. (Ayes 52. Noes 26. Page 6628.)
    select this voteAssembly Vote on Passage8/25/2010AB 542 FEUER Concurrence in Senate Amendments
    9/03/2010Enrolled and to the Governor at 3 p.m.
    Vetoed9/29/2010Vetoed by Governor.

    Total contributions given to Senators from Property & casualty insurance, which…

    opposed this bill

    Property & casualty insurance$996,984
    $996,984

    7 Organizations Supported and 7 Opposed; See Which Ones

    Organizations that took a position on
    An Act to Add Section 1279.4 to the Health and Safety Code, to Add Sections 12693.56, 12699.06, and 12713.5 to the Insurance Code, and to Add Article 5.5 (Commencing with Section 14183) to Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code, Relating to Public Health.: Assembly 3rd Reading AB542 Feuer By Alquist

    7 organizations supported this bill

    American Federation of State, County and Municipal Employees
    Senate Rules Committee (2010, August 17). Bill Analysis AB 542 8-17-2010. Retrieved September 17, 2010, from Leg Info.
    Blue Shield of California
    Senate Rules Committee (2010, August 17). Bill Analysis AB 542 8-17-2010. Retrieved September 17, 2010, from Leg Info.
    California Hospital Association
    Senate Rules Committee (2010, August 17). Bill Analysis AB 542 8-17-2010. Retrieved September 17, 2010, from Leg Info.
    California School Employees Association
    Senate Rules Committee (2010, August 17). Bill Analysis AB 542 8-17-2010. Retrieved September 17, 2010, from Leg Info.
    Consumers Union
    Senate Rules Committee (2010, August 17). Bill Analysis AB 542 8-17-2010. Retrieved September 17, 2010, from Leg Info.
    Health Access
    Senate Rules Committee (2010, August 17). Bill Analysis AB 542 8-17-2010. Retrieved September 17, 2010, from Leg Info.
    Service Employees International Union
    Senate Rules Committee (2010, August 17). Bill Analysis AB 542 8-17-2010. Retrieved September 17, 2010, from Leg Info.

    7 organizations opposed this bill

    American College of Emergency Physicians
    Senate Committee on Health (2010, July 1). Senate Committee Analysis. Retrieved January 24, 2012, from Leginfo: Bill Analysis.
    American Society of Anesthesiologists
    Senate Committee on Health (2010, July 1). Senate Committee Analysis. Retrieved January 24, 2012, from Leginfo: Bill Analysis.
    Association of California Healthcare Districts
    Senate Committee on Health (2010, July 1). Senate Committee Analysis. Retrieved January 24, 2012, from Leginfo: Bill Analysis.
    California Association of Professional Liability Insurers
    Senate Committee on Health (2010, July 1). Senate Committee Analysis. Retrieved January 24, 2012, from Leginfo: Bill Analysis.
    California Orthopaedic Association
    Senate Committee on Health (2010, July 1). Senate Committee Analysis. Retrieved January 24, 2012, from Leginfo: Bill Analysis.
    The Doctors Company
    Senate Committee on Health (2010, July 1). Senate Committee Analysis. Retrieved January 24, 2012, from Leginfo: Bill Analysis.
    University of California
    Senate Committee on Health (2010, July 1). Senate Committee Analysis. Retrieved January 24, 2012, from Leginfo: Bill Analysis.

    Need proof?

    View citations of support and opposition

    Includes reported contributions to campaigns of Senators in office on day of vote, from Property & casualty insurance interest groups, January 1, 2007 – December 31, 2010.
    Contributions data source: FollowTheMoney.org

    Contributions by Legislator

    Namesort iconPartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Sam AanestadRCA-4$0$13,300No
    Elaine AlquistDCA-13$0$8,200Yes
    Roy AshburnRCA-18$0$0No
    Sam BlakesleeRCA-15$0$10,500No
    Ron CalderonDCA-30$0$74,336Yes
    Gilbert CedilloDCA-22$0$7,500Yes
    Dave CogdillRCA-14$0$41,400No
    Ellen CorbettDCA-10$0$3,600Yes
    Lou CorreaDCA-34$0$66,700No
    Mark DeSaulnierDCA-7$0$16,975Not Voting
    Jeff DenhamRCA-12$0$4,500No
    Denise DuchenyDCA-40$0$0Yes
    Bob DuttonRCA-31$0$17,350No
    Bill EmmersonRCA-37$0$12,700Yes
    Dean FlorezDCA-16$0$1,000Yes
    Loni HancockDCA-9$0$0Yes
    Tom HarmanRCA-35$0$39,400Not Voting
    Dennis HollingsworthRCA-36$0$13,000No
    Bob HuffRCA-29$0$17,948No
    Christine KehoeDCA-39$0$17,800Yes
    Mark LenoDCA-3$0$6,250Yes
    Carol LiuDCA-21$0$10,050Yes
    Alan LowenthalDCA-27$0$13,300Yes
    Gloria Negrete McLeodDCA-32$0$34,850Yes
    Jenny OropezaDCA-28$0$10,500Not Voting
    Alex PadillaDCA-20$0$72,050Yes
    Fran PavleyDCA-23$0$2,000Yes
    Curren PriceDCA-26$0$33,700Yes
    Gloria RomeroDCA-24$0$5,500Yes
    George RunnerRCA-17$0$38,600No
    Joe SimitianDCA-11$0$11,100Yes
    Darrell SteinbergDCA-6$0$67,350Yes
    Tony StricklandRCA-19$0$101,907No
    Mimi WaltersRCA-33$0$41,475No
    Pat WigginsDCA-2$0$8,350Not Voting
    Lois WolkDCA-5$0$31,800Yes
    Rod WrightDCA-25$0$52,693Yes
    Mark WylandRCA-38$0$22,600No
    Leland YeeDCA-8$0$66,700Yes

    Add Data Filters:

    Legislator Filters
    Legislator Filters
    Show All
    NamePartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Sam AanestadRCA-4$32,400$53,500No
    Elaine AlquistDCA-13$50,007$24,100Yes
    Roy AshburnRCA-18$0$0No
    Sam BlakesleeRCA-15$29,350$27,650No
    Ron CalderonDCA-30$70,650$110,836Yes
    Gilbert CedilloDCA-22$40,850$17,900Yes
    Dave CogdillRCA-14$45,550$81,600No
    Ellen CorbettDCA-10$38,750$39,100Yes
    Lou CorreaDCA-34$98,400$126,300No
    Mark DeSaulnierDCA-7$68,840$39,175Not Voting
    Jeff DenhamRCA-12$23,450$41,450No
    Denise DuchenyDCA-40$0$0Yes
    Bob DuttonRCA-31$60,200$47,850No
    Bill EmmersonRCA-37$47,800$56,325Yes
    Dean FlorezDCA-16$6,900$3,000Yes
    Loni HancockDCA-9$59,200$18,650Yes
    Tom HarmanRCA-35$87,750$71,750Not Voting
    Dennis HollingsworthRCA-36$7,000$18,500No
    Bob HuffRCA-29$60,375$42,988No
    Christine KehoeDCA-39$45,500$29,350Yes
    Mark LenoDCA-3$71,650$39,800Yes
    Carol LiuDCA-21$28,900$23,050Yes
    Alan LowenthalDCA-27$44,650$20,050Yes
    Gloria Negrete McLeodDCA-32$81,315$93,500Yes
    Jenny OropezaDCA-28$18,000$24,400Not Voting
    Alex PadillaDCA-20$84,043$146,650Yes
    Fran PavleyDCA-23$43,250$23,125Yes
    Curren PriceDCA-26$61,100$53,850Yes
    Gloria RomeroDCA-24$12,100$16,950Yes
    George RunnerRCA-17$77,900$89,198No
    Joe SimitianDCA-11$61,400$28,225Yes
    Darrell SteinbergDCA-6$115,950$176,551Yes
    Tony StricklandRCA-19$101,450$185,307No
    Mimi WaltersRCA-33$65,800$105,475No
    Pat WigginsDCA-2$25,250$20,450Not Voting
    Lois WolkDCA-5$69,903$73,165Yes
    Rod WrightDCA-25$64,150$89,843Yes
    Mark WylandRCA-38$31,650$70,400No
    Leland YeeDCA-8$102,795$135,810Yes

    Interest Groups that supported this bill

    $ Donated
    State & local government employee unions$942,015
    Accident & health insurance$765,163
    Hospitals$282,350
    Health & welfare policy$44,699
    Commercial service unions$0
    Consumer groups$0

    Interest Groups that opposed this bill

    $ Donated
    Property & casualty insurance$996,984
    Physicians$547,948
    Insurance agencies, brokers & agents$357,340
    Other physician specialists$326,951
    Schools & colleges$36,500
    Public official (elected or appointed)$100
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