BILL NUMBER: AB 2146	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 3, 2008

INTRODUCED BY   Assembly Member Feuer

                        FEBRUARY 20, 2008

    An act to amend Section 11911 of the Revenue and Taxation
Code, relating to taxation.   An act to add Section
1279.4 to the Health and Safety Code, relating to health facilities.




	LEGISLATIVE COUNSEL'S DIGEST


   AB 2146, as amended, Feuer.  Documentary transfer taxes.
  Health care providers: billing.  
   Existing law provides for the licensure and regulation of health
facilities, as defined, by the State Department of Public Health.
Violations of these provisions is a misdemeanor. Existing law
requires the department to take various actions related to the
reporting to, and the investigation by, the department of any adverse
events, as defined, that occur at specified health facilities. 

   Existing law also requires the use of a uniform billing system by
providers of professional health services and institutional provider
services, as defined.  
   This bill would prohibit a health care provider, as defined, that
is capable of direct billing patients, from billing a patient or a
patient's insurer for an adverse event that occurs while the patient
is in the care of the health care provider or for the care provided
by the health care provider to correct the adverse event.  
   By changing the definition of an existing crime, this bill would
impose a state-mandated local program.  
   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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.  
   The Documentary Transfer Tax Act authorizes the board of
supervisors of a county or city and county to impose a tax upon
specified instruments that transfer specified interests in real
property.  
   This bill would make technical, nonsubstantive changes to a
provision of this act. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 1279.4 is added to the 
 Health and Safety Code   , to read:  
   1279.4.  (a) For purposes of this section "health care provider"
means a provider of health care services that is capable of direct
billing patients, and includes, but is not limited to, any of the
following:
   (1) A health facility, as defined in Section 1250.
   (2) A provider of professional health care services, as defined in
subdivision (d) of Section 127575.
   (3) A provider of institutional provider services, as defined in
subdivision (e) of Section 127575.
   (b) A health care provider shall not bill a patient or a patient's
insurer for an adverse event, as defined in Section 1279.1, that
occurs while the patient is in the care of the health care provider,
or for the care provided by the health care provider to correct the
adverse event. 
   SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  
  SECTION 1.    Section 11911 of the Revenue and
Taxation Code is amended to read:
   11911.  (a) The board of supervisors of any county or city and
county, by an ordinance adopted pursuant to this part, may impose, on
each deed, instrument, or writing by which any lands, tenements, or
other realty sold within the county shall be granted, assigned,
transferred, or otherwise conveyed to, or vested in, the purchaser or
purchasers, or any other person or persons, by his, her, or their
direction, when the consideration or value of the interest or
property conveyed (exclusive of the value of any lien or encumbrance
remaining thereon at the time of sale) exceeds one hundred dollars
($100) a tax at the rate of fifty-five cents ($0.55) for each five
hundred dollars ($500) or fractional part thereof.
   (b) The legislative body of any city which is within a county that
has imposed a tax pursuant to subdivision (a) may, by an ordinance
adopted pursuant to this part, impose, on each deed, instrument, or
writing by which any lands, tenements, or other realty sold within
the city shall be granted, assigned, transferred, or otherwise
conveyed to, or vested in, the purchaser or purchasers, or any other
person or persons, by his, her, or their direction, when the
consideration or value of the interest or property conveyed
(exclusive of the value of any lien or encumbrance remaining thereon
at the time of sale) exceeds one hundred dollars ($100), a tax at the
rate of one-half the amount specified in subdivision (a) for each
five hundred dollars ($500) or fractional part thereof.
   (c) A credit shall be allowed against the tax imposed by a county
ordinance pursuant to subdivision (a) for the amount of any tax due
to any city by reason of an ordinance adopted pursuant to subdivision
(b). No credit shall be allowed against any county tax for a city
tax that is not in conformity with this part.