California 2011-2012 Regular Session Status: To Executive

SB 359 — Hospital billing: emergency services and care.

Last action — In Senate. Consideration of Governor's veto pending.

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

This bill died with 2011-2012 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law provides for the licensure and regulation of health facilities by the State Department of Public Health and requires a licensed facility that maintains and operates an emergency department to provide emergency services and care to any person requesting the services or care for any condition in which the person is in danger of loss of life or serious injury or illness, as specified. Existing law requires hospitals to maintain a written policy regarding discount payments for financially qualified patients as well as a written charity care policy. Existing law requires a hospital to limit the expected payment for services it provides to certain low-income patients to the highest amount the hospital would expect to receive for providing services from a government-sponsored program of health benefits in which the hospital participates. This bill would require a hospital with an out-of-network emergency utilization rate, as defined, of 50% or more to notify payers that its total billed charges for emergency services and care provided to a patient prior to stabilization are subject to adjustment such that the hospital's total expected payment would be 60% of the payer's average in-network payments, as defined, but less than 150% of the payment the hospital reasonably could expect to receive from Medicare for providing similar emergency services and care prior to stabilization. The bill would authorize a payer that receives this notice to reimburse hospitals in accordance with that adjustment. The bill would specify that these provisions do not apply to charges billed by physicians or other licensed professionals who are members of the hospital medical staff or to charges provided as treatment for an injury that is compensable for purposes of workers' compensation. The bill would also specify that its provisions do not apply in specified instances, including if any other law requires the hospital to limit expected payment for the emergency services and care to a lesser amount, if a contract governs the total billed charges for the emergency services and care, or if a government program of health benefits, as specified, is the primary payer for the emergency services and care. The bill would provide for the repeal of its provisions on January 1, 2017.

Bill Text

Action History

  1. In Senate. Consideration of Governor's veto pending.

  2. Vetoed by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Assembly amendments concurred in. (Ayes 24. Noes 15. Page 5095.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 51. Noes 26. Page 6728.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

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

  9. From committee: Do pass as amended. (Ayes 13. Noes 4.) (August 28).

  10. Joint Rule 62(a) file notice suspended. (Page 6404.)

  11. Re-referred to Com. on HEALTH pursuant to Assembly Rule 77.2.

  12. Ordered to third reading.

  13. Read third time and amended. (Ayes 51. Noes 25. Page 6269.)

  14. Ordered to third reading.

  15. Action rescinded whereby the bill was read third time, passed, and ordered to the Senate.

  16. In Assembly. Held at Desk.

  17. Ordered to the Assembly.

  18. In Senate. Concurrence in Assembly amendments pending.

  19. Read third time. Passed. (Ayes 79. Noes 0. Page 5965.) Ordered to the Senate.

  20. Read second time. Ordered to consent calendar.

  21. From committee: Do pass. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 8).

  22. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 14. Noes 0.) (July 3). Re-referred to Com. on APPR.

  23. From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.

  24. Referred to Com. on HEALTH.

  25. In Assembly. Read first time. Held at Desk.

  26. Read third time. Passed. (Ayes 38. Noes 0. Page 2719.) Ordered to the Assembly.

  27. Read second time. Ordered to third reading.

  28. From committee: Do pass. (Ayes 8. Noes 0. Page 2686.) (January 19).

  29. Set for hearing January 19.

  30. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  31. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  32. Held in committee and under submission.

  33. Set for hearing May 26.

  34. Placed on APPR. suspense file.

  35. Set for hearing May 2.

  36. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 675.) (April 13). Re-referred to Com. on APPR.

  37. Set for hearing April 13.

  38. Referred to Com. on HEALTH.

  39. From printer. May be acted upon on or after March 18.

  40. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Hernandez · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 7 voted No

Sponsors (1)

  • Hernandez

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

Unfinished Supp 2 SB359 Hernandez Concurrence

Passed 24 Yea · 15 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 231301
Republican 0100
Democratic 1100
Total 241501
% of votes cast 60%38%0%3%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Nay
Cannella — Nay
Corbett — Yea
Evans — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Fuller — Nay
Rubio — Yea
Hancock — Yea
Harman — Nay
Dutton — Nay
Runner — Not Voting
Anderson — Nay
Huff — Nay
Kehoe — Yea
Leno — Yea
Lieu — Yea
Liu — Yea
Pavley — Yea
Simitian — Yea
Vargas — Yea
Wolk — Yea
Wright — Yea
Alquist — Yea
Blakeslee — Nay
Hernandez — Yea
Price — Yea
Steinberg — Yea
Walters — Nay
Emmerson — Nay
Correa — Yea
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Nay
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

SB 359 Hernandez Senate Third Reading By PAN

Passed 51 Yea · 26 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 0200
Unaffiliated 502403
Democratic 1000
Total 512603
% of votes cast 64%33%0%4%
How each member voted (80)
Member Party Vote
Hall — Yea
Butler — Yea
Hill — Yea
Carter — Yea
Fong — Yea
Allen — Yea
Cedillo — Yea
Williams — Yea
Yamada — Yea
Fuentes — Yea
Galgiani — Yea
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Garrick — Nay
Gordon — Yea
Gorell — Nay
Chesbro — Yea
Hagman — Nay
Bonilla — Yea
Atkins — Yea
Halderman — Nay
Harkey — Nay
Conway — Nay
Hayashi — Yea
Hueso — Yea
Fletcher — Not Voting
Beall — Yea
Block — Yea
Cook — Nay
Davis — Yea
Donnelly — Nay
Jeffries — Nay
Knight — Nay
Logue — Nay
Mendoza — Yea
Miller — Nay
Monning — Yea
Morrell — Nay
Nestande — Nay
Norby — Nay
Olsen — Nay
Perea — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Valadao — Nay
Wagner — Nay
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Huffman — Yea
Lara — Yea
Ma — Not Voting
Mansoor — Nay
Nielsen — Nay
Pan — Yea
Silva — Nay
Smyth — Yea
Torres — Not Voting
Wieckowski — Yea
Eng — Yea
Feuer — Yea
Dickinson — Yea
Furutani — Yea
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended.

Passed 13 Yea · 4 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 13402
Total 13402
% of votes cast 68%21%0%11%
How each member voted (19)
Member Party Vote
Gordon — Yea
Mitchell — Yea
Atkins — Yea
Bonilla — Not Voting
Garrick — Nay
Hayashi — Yea
Ammiano — Yea
Logue — Nay
Monning — Yea
Nestande — Yea
Pan — Yea
Silva — Nay
Smyth — Not Voting
Williams — Yea
Mansoor — Nay
Eng — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea

Official roll call →

SB 359 Hernandez Senate Third Reading Amend By PAN Set #1

Passed 51 Yea · 25 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 502304
Republican 0200
Democratic 1000
Total 512504
% of votes cast 64%31%0%5%
How each member voted (80)
Member Party Vote
Gorell — Nay
Feuer — Yea
Butler — Yea
Carter — Yea
Cedillo — Yea
Fong — Yea
Allen — Yea
Fuentes — Yea
Furutani — Yea
Gatto — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Hill — Yea
Hueso — Yea
Huffman — Yea
Davis — Yea
Perea — Yea
Skinner — Yea
Swanson — Yea
Galgiani — Yea
Gordon — Yea
Hall — Yea
Lara — Yea
Chesbro — Yea
Dickinson — Yea
Pan — Yea
Torres — Yea
Yamada — Yea
Garrick — Nay
Campos — Yea
Hagman — Nay
Halderman — Not Voting
Harkey — Nay
Conway — Nay
Cook — Not Voting
Jeffries — Nay
Knight — Nay
Morrell — Nay
Nielsen — Nay
Olsen — Nay
Smyth — Nay
Valadao — Nay
Wagner — Nay
Williams — Not Voting
Bonilla — Yea
Atkins — Yea
Beall — Yea
Block — Yea
Mendoza — Yea
Wieckowski — Yea
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Logue — Nay
Ma — Yea
Mansoor — Nay
Miller — Nay
Monning — Yea
Nestande — Nay
Norby — Nay
Silva — Nay
Solorio — Yea
Eng — Yea
Donnelly — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

SB 359 Hernandez Consent Calendar Second Day

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 76001
Democratic 1000
Republican 2000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Gordon — Yea
Hagman — Yea
Carter — Yea
Yamada — Yea
John A. Pérez — Yea
Mitchell — Yea
Fuentes — Yea
Furutani — Yea
Atkins — Yea
Garrick — Yea
Campos — Yea
Gatto — Yea
Gorell — Yea
Cedillo — Yea
Portantino — Yea
Halderman — Yea
Hall — Yea
Chesbro — Yea
Allen — Yea
Hayashi — Yea
Hill — Yea
Bonilla — Yea
Huber — Yea
Fong — Yea
Fletcher — Yea
Ammiano — Yea
Blumenfield — Yea
Conway — Yea
Cook — Yea
Davis — Yea
Donnelly — Yea
Huffman — Yea
Jeffries — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Morrell — Yea
Nestande — Yea
Norby — Yea
Olsen — Yea
Perea — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torres — Yea
Wagner — Yea
Wieckowski — Yea
Achadjian — Yea
Alejo — Yea
Beall — Yea
Block — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hueso — Yea
Knight — Yea
Lara — Not Voting
Ma — Yea
Mansoor — Yea
Monning — Yea
Nielsen — Yea
Pan — Yea
Silva — Yea
Solorio — Yea
Valadao — Yea
Williams — Yea
Butler — Yea
Eng — Yea
Feuer — Yea
Dickinson — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Campos — Yea
Fuentes — Yea
Hall — Yea
Harkey — Yea
Hill — Yea
Lara — Yea
Mitchell — Yea
Donnelly — Yea
Norby — Yea
Solorio — Yea
Wagner — Yea
Blumenfield — Yea
Bradford — Yea
Nielsen — Yea
Davis — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass and re-refer to Committee on Appropriations with recommendation: To Consent Calendar.

Passed 14 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 14005
Total 14005
% of votes cast 74%0%0%26%
How each member voted (19)
Member Party Vote
Mitchell — Yea
Bonilla — Yea
Atkins — Yea
Eng — Yea
Garrick — Yea
Gordon — Yea
Hayashi — Yea
Ammiano — Not Voting
Monning — Yea
Nestande — Yea
Pan — Yea
Silva — Not Voting
Williams — Yea
Logue — Yea
Mansoor — Yea
Smyth — Not Voting
Bonnie Lowenthal — Not Voting
Roger Hernández — Yea
V. Manuel Pérez — Not Voting

Official roll call →

3rd Reading

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 35002
Republican 1000
Democratic 2000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Runner — Not Voting
Fuller — Yea
Cannella — Yea
Hancock — Yea
Hernandez — Yea
Huff — Yea
Kehoe — Yea
Lieu — Yea
Anderson — Yea
Blakeslee — Yea
Dutton — Yea
Liu — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wright — Yea
Alquist — Yea
Harman — Yea
Leno — Yea
Pavley — Yea
Vargas — Yea
Wolk — Yea
Wyland — Not Voting
Corbett — Yea
Emmerson — Yea
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Runner — Not Voting
Alquist — Yea
Steinberg — Yea
Kehoe — Yea
Lieu — Yea
Pavley — Yea
Price — Yea
Walters — Yea
Emmerson — Yea

Official roll call →

Placed on Appropriations Suspense file.

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Runner — Yea
Kehoe — Yea
Alquist — Yea
Pavley — Yea
Lieu — Yea
Price — Yea
Steinberg — Yea
Walters — Yea
Emmerson — Yea

Official roll call →

Subjects

healthcare health-insurance
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Frequently asked questions

What does SB 359 do?
Existing law provides for the licensure and regulation of health facilities by the State Department of Public Health and requires a licensed facility that maintains and operates an emergency department to provide emergency services and care to any person requesting the services or care for any condition in which the person is in danger of loss of life or serious injury or illness, as specified. Existing law requires hospitals to maintain a written policy regarding discount payments for financially qualified patients as well as a written charity care policy. Existing law requires a hospital to limit the expected payment for services it provides to certain low-income patients to the highest amount the hospital would expect to receive for providing services from a government-sponsored program of health benefits in which the hospital participates. This bill would require a hospital with an out-of-network emergency utilization rate, as defined, of 50% or more to notify payers that its total billed charges for emergency services and care provided to a patient prior to stabilization are subject to adjustment such that the hospital's total expected payment would be 60% of the payer's average in-network payments, as defined, but less than 150% of the payment the hospital reasonably could expect to receive from Medicare for providing similar emergency services and care prior to stabilization. The bill would authorize a payer that receives this notice to reimburse hospitals in accordance with that adjustment. The bill would specify that these provisions do not apply to charges billed by physicians or other licensed professionals who are members of the hospital medical staff or to charges provided as treatment for an injury that is compensable for purposes of workers' compensation. The bill would also specify that its provisions do not apply in specified instances, including if any other law requires the hospital to limit expected payment for the emergency services and care to a lesser amount, if a contract governs the total billed charges for the emergency services and care, or if a government program of health benefits, as specified, is the primary payer for the emergency services and care. The bill would provide for the repeal of its provisions on January 1, 2017.
Who sponsors SB 359?
SB 359 is sponsored by Hernandez.
What is the current status of SB 359?
This bill died with 2011-2012 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 359?
Track SB 359 free on One Click Politics — get push/email alerts when it moves.

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