BILL ANALYSIS Senate Appropriations Committee Fiscal Summary Senator Kevin Murray, Chairman 774 (Chan) Hearing Date: 8/17/2006 Amended: 8/7/2006 Consultant: John Miller Policy Vote: Health 5 - 4 _________________________________________________________________ ____ BILL SUMMARY: AB 774 requires hospitals to develop and implement policies providing discounted payments or charity care for poor uninsured or underinsured individuals. Hospital charges for eligible patients would be limited and required notice, reporting, compliance and collection procedures are specified. _________________________________________________________________ ____ Fiscal Impact (in thousands) Major Provisions 2006-07 2007-08 2008-09 Fund OSHPD $ 106 $ 375 $ 375 Special* DHS enforcement $ 200 $ 400 $ 400 GF *Health Data Fund _________________________________________________________________ ____ STAFF COMMENTS: SUSPENSE FILE This bill is intended to regulate the charges and collection procedures hospitals levy on uninsured or underinsured patients. Nearly one fifth of Californians, 7 million people, now lack health insurance. Costs generated by these uninsured patients may be partially reimbursed from public sources, but hospitals do seek recovery of their costs and are at risk for un-reimbursed services. Hospital charges are not now regulated, and charges and policies for services to uninsured patients vary substantially, as do the relative financial losses among hospitals. Among uninsured patients, the costs of unanticipated medical care can be financially catastrophic, and medical costs cause one half of all bankruptcies in this state. California hospitals have recently established voluntary charity care principals and guidelines which have been accepted by a large majority of hospitals. This issue is actively litigated. This bill requires hospitals to develop and report policies for serving uninsured and underinsured individuals. The bill defines eligible patients generally as self-pay patients earning less than 350% of federal poverty level, requires that a hospital's discounted charges be related to amounts paid any public program such as Medicare or Healthy Families, requires specified notice to patients of the availability of discounted care programs or eligibility for public care, limits collection practices and the use of liens on patient's property, requires filing of a hospital's charity/discount policies, and authorizes the Department of Health Services to enforce administrative penalties for failure to comply with a plan. Direct state costs will result from administrative processing through the Office of Statewide Health Planning (special fund) and enforcement by the Department of Health Services (GF). There may be some indirect cost pressure to the extent that AB 774 AB 774 (Chan) Page 2 reduces recoveries or increases financial losses to hospitals. It is almost impossible to gauge this indirect cost, which represents the difference between what is now collected from uninsured individuals and what would be collected under 774, because the cost is most likely to be spread among all payers in the state's health system. The California Hospital Association estimates annual losses to uncompensated care to be $6.5 billion. Proposed amendment creates a minor limitation of hospital debt collections.