California 2023-2024 Regular Session Status: Enacted

AB 1392 — Hospitals: procurement contracts.

Last action — Chaptered by Secretary of State - Chapter 840, Statutes of 2023.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 17, 2023. Enacted.

Signed by Governor Gavin Newsom (Democratic) on October 13, 2023.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law requires a licensed hospital with operating expenses of $50,000,000 or more, and a licensed hospital with operating expenses of $25,000,000 or more that is part of a hospital system, to submit an annual report to the Department of Health Care Access and Information, formerly structured as the Office of Statewide Health Planning and Development, on the hospital's minority, women, LGBT, and disabled veteran business enterprise procurement efforts, as specified. Existing law imposes certain civil penalties for failure to file a report. This bill would require those hospitals to annually submit, beginning July 1, 2025, and annually by July 1 thereafter, a plan, instead of the above-described report, for increasing procurement from minority, women, LGBT, and disabled veteran business tier 1 and tier 2 enterprises. In addition to the existing required contents within the report, the bill would require the plan to include short- and long-term goals and timetables, but not quotas, for increasing procurement from those business enterprises, the methods in which the hospital resolves any issues that may limit or impede an enterprise from becoming a supplier, and planned and past implementation of relevant recommendations made by the hospital diversity commission described below, among other changes. The bill would authorize the department to review the plans for completeness. The bill would require the department to establish guidelines for hospitals to voluntarily utilize when pursuing procurement efforts, activities, or programs in accordance with these provisions. The bill would make legislative findings that each licensed hospital and hospital that is part of a hospital system that is not required to submit a plan is encouraged to voluntarily adopt one for increasing procurement from the above-described business enterprises. Existing law requires the department to convene a hospital diversity commission comprised of the public and health care, diversity, and procurement stakeholders, and sets forth the composition of the commission, including, among others, representatives of minority, women, LGBT, and disabled veteran business enterprises. Existing law prohibits the commissioners from receiving compensation for their services, but authorizes the department to reimburse them for their actual and necessary expenses, as specified. This bill would add, to the list of commissioners, a representative of a group purchasing organization, as defined, manufacturer, or vendor of goods and services for hospitals who, at the time of appointment, is a practitioner or expert in the field of supplier diversity. The bill would make other changes to the commission's structure and functions. The bill would authorize the department, upon appropriation for this purpose, to provide compensation to the commissioners for their services. The bill would require the department to undertake outreach and provide assistance, based on the commission's recommendations, to hospitals, manufacturers, vendors, or group purchasing organizations of hospital goods and services, and to minority, women, LGBT, and disabled veteran business enterprises, as specified. The bill would authorize the department, upon appropriation for this purpose, to establish and operate a clearinghouse to maintain a database, and verify the statuses, of minority, women, LGBT, and disabled veteran businesses enterprises that are prime suppliers or subcontract suppliers to hospitals or other entities in the procurement ecosystem of hospital goods and services, as specified. The bill would also make conforming changes to related provisions containing references to the above-described report and to the predecessor of the department.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 840, Statutes of 2023.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 64. Noes 11. Page 3434.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 7. Page 2664.).

  7. Read second time. Ordered to third reading.

  8. Read third time and amended. Ordered to second reading.

  9. Read second time. Ordered to third reading.

  10. Read second time and amended. Ordered returned to second reading.

  11. From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (September 1).

  12. In committee: Referred to APPR suspense file.

  13. From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 2.) (July 5). Re-referred to Com. on APPR.

  14. Referred to Com. on HEALTH.

  15. In Senate. Read first time. To Com. on RLS. for assignment.

  16. Read third time. Passed. Ordered to the Senate. (Ayes 60. Noes 10. Page 1771.)

  17. Read second time. Ordered to third reading.

  18. From committee: Do pass. (Ayes 12. Noes 3.) (May 18).

  19. In committee: Set, first hearing. Referred to APPR. suspense file.

  20. From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 1.) (April 11). Re-referred to Com. on APPR.

  21. Re-referred to Com. on HEALTH.

  22. From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.

  23. In committee: Set, first hearing. Hearing canceled at the request of author.

  24. Referred to Com. on HEALTH.

  25. From printer. May be heard in committee March 20.

  26. Read first time. To print.

Sponsors

  • Rodriguez · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 15 voted No

Sponsors (1)

  • Rodriguez

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 64 Yea · 11 Nay · 5 Other
Party YeaNayPresentNot Voting
Democratic 47000
Unaffiliated 15401
Republican 2704
Total 641105
% of votes cast 80%14%0%6%
How each member voted (80)
Member Party Vote
Holden — Yea
Mathis — Yea
Maienschein — Yea
Rodriguez — Yea
Ting — Yea
Jones-Sawyer — Yea
McCarty — Yea
Rendon — Yea
Friedman — Yea
Low — Yea
Wood — Yea
Santiago — Yea
Essayli — Nay
Waldron — Nay
Villapudua — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Yea
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Chen, Phillip Republican Not Voting
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Dixon, Diane Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Nay
Hoover, Josh Republican Not Voting
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay
Sanchez, Kate Republican Nay
Ta, Tri Republican Not Voting
Wallis, Greg Republican Yea

Official roll call →

Passed 29 Yea · 7 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 10100
Democratic 19102
Republican 0502
Total 29704
% of votes cast 73%18%0%10%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Eggman — Yea
Glazer — Yea
Dodd — Yea
Bradford — Yea
Skinner — Yea
Wilk — Nay
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Not Voting
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Not Voting
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Nay
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Not Voting
Dahle, Megan Republican Nay
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Nay
Niello, Roger W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay
Seyarto, Kelly Republican Nay

Official roll call →

Passed 10 Yea · 2 Nay
Party YeaNayPresentNot Voting
Democratic 7100
Unaffiliated 3000
Republican 0100
Total 10200
% of votes cast 83%17%0%0%
How each member voted (12)
Member Party Vote
Roth — Yea
Eggman — Yea
Glazer — Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Limón, Monique Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Nay
Rubio, Susan Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Grove, Shannon Republican Nay

Official roll call →

Passed 60 Yea · 10 Nay · 10 Other
Party YeaNayPresentNot Voting
Democratic 43004
Unaffiliated 15302
Republican 2704
Total 6010010
% of votes cast 75%13%0%13%
How each member voted (80)
Member Party Vote
Holden — Yea
Maienschein — Yea
Rodriguez — Yea
Villapudua — Yea
Ting — Yea
Jones-Sawyer — Yea
McCarty — Yea
Rendon — Yea
Friedman — Yea
Low — Yea
Wood — Yea
Santiago — Yea
Essayli — Nay
Waldron — Not Voting
Mathis — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Not Voting
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Not Voting
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Ortega, Liz Democratic Yea
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Not Voting
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Chen, Phillip Republican Not Voting
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Dixon, Diane Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Nay
Hoover, Josh Republican Not Voting
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay
Sanchez, Kate Republican Nay
Ta, Tri Republican Not Voting
Wallis, Greg Republican Yea

Official roll call →

Do pass.

Passed 12 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 9001
Unaffiliated 3000
Republican 0300
Total 12301
% of votes cast 75%19%0%6%
How each member voted (16)
Member Party Vote
Holden — Yea
Mathis — Yea
Wendy Carrillo — Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Hart, Gregg Democratic Yea
Lowenthal, Josh Democratic Yea
Ortega, Liz Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Rivas, Robert Democratic Not Voting
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Nay
Dixon, Diane Republican Nay
Sanchez, Kate Republican Nay

Official roll call →

Passed 10 Yea · 1 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 7003
Republican 0101
Total 10104
% of votes cast 67%7%0%27%
How each member voted (15)
Member Party Vote
Wood — Yea
Villapudua — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Boerner Horvath — Yea
Waldron — Not Voting
McCarty — Not Voting
Vince Fong — Not Voting
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Flora, Heath Republican Not Voting
Patterson, Joe Republican Nay

Official roll call →

Subjects

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Frequently asked questions

What does AB 1392 do?
Existing law requires a licensed hospital with operating expenses of $50,000,000 or more, and a licensed hospital with operating expenses of $25,000,000 or more that is part of a hospital system, to submit an annual report to the Department of Health Care Access and Information, formerly structured as the Office of Statewide Health Planning and Development, on the hospital's minority, women, LGBT, and disabled veteran business enterprise procurement efforts, as specified. Existing law imposes certain civil penalties for failure to file a report. This bill would require those hospitals to annually submit, beginning July 1, 2025, and annually by July 1 thereafter, a plan, instead of the above-described report, for increasing procurement from minority, women, LGBT, and disabled veteran business tier 1 and tier 2 enterprises. In addition to the existing required contents within the report, the bill would require the plan to include short- and long-term goals and timetables, but not quotas, for increasing procurement from those business enterprises, the methods in which the hospital resolves any issues that may limit or impede an enterprise from becoming a supplier, and planned and past implementation of relevant recommendations made by the hospital diversity commission described below, among other changes. The bill would authorize the department to review the plans for completeness. The bill would require the department to establish guidelines for hospitals to voluntarily utilize when pursuing procurement efforts, activities, or programs in accordance with these provisions. The bill would make legislative findings that each licensed hospital and hospital that is part of a hospital system that is not required to submit a plan is encouraged to voluntarily adopt one for increasing procurement from the above-described business enterprises. Existing law requires the department to convene a hospital diversity commission comprised of the public and health care, diversity, and procurement stakeholders, and sets forth the composition of the commission, including, among others, representatives of minority, women, LGBT, and disabled veteran business enterprises. Existing law prohibits the commissioners from receiving compensation for their services, but authorizes the department to reimburse them for their actual and necessary expenses, as specified. This bill would add, to the list of commissioners, a representative of a group purchasing organization, as defined, manufacturer, or vendor of goods and services for hospitals who, at the time of appointment, is a practitioner or expert in the field of supplier diversity. The bill would make other changes to the commission's structure and functions. The bill would authorize the department, upon appropriation for this purpose, to provide compensation to the commissioners for their services. The bill would require the department to undertake outreach and provide assistance, based on the commission's recommendations, to hospitals, manufacturers, vendors, or group purchasing organizations of hospital goods and services, and to minority, women, LGBT, and disabled veteran business enterprises, as specified. The bill would authorize the department, upon appropriation for this purpose, to establish and operate a clearinghouse to maintain a database, and verify the statuses, of minority, women, LGBT, and disabled veteran businesses enterprises that are prime suppliers or subcontract suppliers to hospitals or other entities in the procurement ecosystem of hospital goods and services, as specified. The bill would also make conforming changes to related provisions containing references to the above-described report and to the predecessor of the department.
Who sponsors AB 1392?
AB 1392 is sponsored by Rodriguez.
What is the current status of AB 1392?
This bill has been enacted into law. Introduced February 17, 2023. Enacted.
Where can I track AB 1392?
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