California 2011-2012 Regular Session Status: Passed Senate Bipartisan · 2 D · 1 R cosponsors

SB 301 — Medi-Cal: managed care plan tax: Healthy Families Program transition: skilled nursing facility and managed care plan charges.

Last action — Re-referred to Com. on HEALTH pursuant to Assembly Rule 77.2.

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

This bill died with 2011-2012 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

(1) Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Under existing law, one of the methods by which Medi-Cal services are provided is through contracts with various types of managed care plans. Existing law imposes a tax at a specified rate on the gross premiums of an insurer, as defined, and, until July 1, 2012, on the total operating revenue, as specified, of a Medi-Cal managed care plan, as defined. Existing law exempts from that tax the total operating revenue of a Medi-Cal managed care plan, if specified events occur before July, 1, 2012. Existing law continuously appropriates the revenues derived from the tax on Medi-Cal managed care plans for specified purposes. This bill would extend the imposition of the tax on the total operating revenue of Medi-Cal managed care plans until July 1, 2014, and would make other conforming changes. This bill also would authorize the Controller to loan funds in the Children's Health and Human Services Special Fund to the General Fund, as provided, until July 1, 2013. By extending the imposition of a tax whose revenues are continuously appropriated, this bill would make an appropriation. (2) Existing law requires, until July 1, 2012, every return required to be filed with the Insurance Commissioner pursuant to provisions governing taxes on the total operating revenue of Medi-Cal managed care plans to be signed by the insurer or the Medi-Cal managed care plan or an executive officer of the insurer or the plan and to be made under oath or contain a written declaration that is made under penalty of perjury. This bill would instead apply this signature requirement until July 1, 2013. By expanding the crime of perjury, this bill would impose a state-mandated local program. (3) Existing law creates the Healthy Families Program, administered by the Managed Risk Medical Insurance Board (MRMIB) , to arrange for the provision of health, vision, and dental benefits to eligible children pursuant to a federal program, the Children's Health Insurance Program. Under existing law, the Director of Health Care Services may contract with any qualified individual, organization, or entity to provide services to, arrange for, or case manage the care of Medi-Cal beneficiaries, subject to specified requirements. Existing law requires a Medi-Cal applicant or beneficiary to be informed of the managed care and fee-for-service options available regarding methods of receiving Medi-Cal benefits. Existing law provides for the transition of specified enrollees of the Healthy Families Program to the Medi-Cal program, to the extent that those individuals are otherwise eligible, no sooner than January 1, 2013. Existing law requires this transition to take place in 4 phases, as prescribed. This bill would repeal the provisions requiring the transfer of Healthy Families Program enrollees into the Medi-Cal program. (4) Existing law requires the State Department of Health Care Services to impose a uniform quality assurance fee on each skilled nursing facility, with certain exceptions, in accordance with a prescribed formula. The formula is based on the determination of the projected net revenues, as defined, of skilled nursing facilities. Under existing law, the charge will cease to be assessed after July 31, 2013, and these provisions will be repealed on January 1, 2014. Existing law, the Medi-Cal Long-Term Care Reimbursement Act, requires the department to implement a facility-specific reimbursement ratesetting system for certain skilled nursing facilities. Reimbursement rates for freestanding skilled nursing facilities are funded by a combination of federal funds and moneys collected pursuant to the skilled nursing uniform quality assurance fee. Existing law also establishes the Skilled Nursing Facility Quality and Accountability Special Fund in the State Treasury, which is a continuously appropriated fund that contains moneys from the assessment of specified administrative penalties and set asides of General Fund moneys, for the purposes of making quality and accountability payments. Existing law provides that this rate methodology shall cease to be implemented after July 31, 2013, and that these provisions shall be repealed on January 1, 2014. This bill would modify the calculation of rates under the above-referenced rate methodology, and would extend the assessment of the charge, implementation of the rate methodology, and implementation of related provisions until July 31, 2015. By extending the period of time during which transfers are made to the Skilled Nursing Facility Quality and Accountability Special Fund, this bill would make an appropriation. This bill would also modify the amount of moneys to be deposited into the Skilled Nursing Facility Quality and Accountability Special Fund, by, among other things, requiring that specified set-asides under the rate methodology remain in the General Fund instead of transferring to the Skilled Nursing Facility Quality and Accountability Special Fund and increasing the amount of certain set-asides to be transferred to the fund. This bill would instead require that the quality and accountability payments be made beginning with the 2013–14 rate year. (5) Existing federal Medicaid law requires nursing facilities, as defined, to perform an assessment of each resident's functional capacity that is based on a uniform minimum data set, as specified. This bill would require nursing facilities, the State Department of Health Care Services, and the State Department of Public Health to perform various duties with respect to the federal government's nursing home quality initiative and this assessment. (6) Section 92 of Chapter 11 of the First Extraordinary Session of the Statutes of 2011 provides that act becomes inoperative if any of its provisions are amended or repealed. This bill would repeal that provision and would provide that, notwithstanding Section 92 of Chapter 11 of the First Extraordinary Session of the Statutes of 2011, the provisions of Chapter 11 of the First Extraordinary Session of the Statutes of 2011 do not become inoperative upon the amendment or repeal of any provision of that chapter made by this bill. (7) 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. (8) This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature.

Bill Text

Action History

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

  2. Ordered to third reading.

  3. Read third time and amended. (Ayes 50. Noes 19. Page 6276.)

  4. Assembly Rule 69 suspended. (Page 6273.)

  5. Ordered to third reading.

  6. From inactive file.

  7. Notice of intention to remove from inactive file given by Assembly Member Charles Calderon.

  8. Ordered to inactive file on request of Assembly Member Allen.

  9. From inactive file.

  10. Read second time. Ordered to consent calendar.

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

  12. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 6. Noes 0.) (July 3). Re-referred to Com. on APPR.

  13. From committee with author's amendments. Read second time and amended. Re-referred to Com. on J., E.D. & E.

  14. From committee: Be re-referred to Com. on J., E.D. & E. (Ayes 8. Noes 0.) (June 2). Re-referred to Com. on J., E.D. & E.

  15. Re-referred to Com. on RLS.

  16. From committee with author's amendments. Read second time and amended. Re-referred to Com. on H. & C.D.

  17. Referred to Com. on H. & C.D.

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

  19. Read third time. Passed. (Ayes 36. Noes 0. Page 654.) Ordered to the Assembly.

  20. Read second time and amended. Ordered to consent calendar.

  21. From committee: Do pass as amended. Ordered to consent calendar. (Ayes 9. Noes 0. Page 496.) (March 29).

  22. Set for hearing March 29.

  23. Referred to Com. on T. & H.

  24. From printer. May be acted upon on or after March 17.

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

Sponsors

  • Cannella · Cosponsor
  • DeSaulnier · Primary
  • Emmerson · Cosponsor
  • Pan · Cosponsor
  • Pavley · Cosponsor
  • Sasha Renée Pérez · Cosponsor
  • Susan Rubio · Cosponsor
  • Perea · Cosponsor
  • Swanson · Cosponsor
  • Wieckowski · Cosponsor
  • Williams · Cosponsor
  • Yee · Cosponsor
  • Tony Strickland · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 12 co-sponsors · 109 not signed on · 4 voted No

Sponsors (1)

  • DeSaulnier

Co-sponsors (12)

Not signed on (109)

109 members have not signed on to this bill.

Show all 109 →

"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

SB 301 DeSaulnier Senate Third Reading By TORRES Amend By SWANSON Set #1

Passed 50 Yea · 19 Nay · 11 Other
Party YeaNayPresentNot Voting
Republican 0200
Unaffiliated 4917011
Democratic 1000
Total 5019011
% of votes cast 63%24%0%14%
How each member voted (80)
Member Party Vote
Butler — Yea
Campos — Yea
Feuer — Yea
Furutani — Yea
Fong — Yea
Allen — Yea
Gatto — Yea
Gordon — Yea
Gorell — Nay
Carter — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Hayashi — Yea
Cedillo — Yea
Hill — Yea
Atkins — Yea
Hueso — Yea
Chesbro — Yea
Huffman — Yea
Alejo — Yea
Beall — Yea
Block — Yea
Conway — Nay
Davis — Yea
Dickinson — Yea
Logue — Nay
Mendoza — Yea
Monning — Yea
Nestande — Yea
Pan — Yea
Perea — Yea
Skinner — Yea
Swanson — Yea
Torres — Yea
Wieckowski — Yea
Williams — Yea
Bonilla — Not Voting
Garrick — Nay
Hagman — Nay
Halderman — Not Voting
Hall — Not Voting
Harkey — Not Voting
Donnelly — Nay
Jeffries — Nay
Knight — Nay
Miller — Nay
Morrell — Nay
Nielsen — Nay
Olsen — Not Voting
Smyth — Not Voting
Achadjian — Nay
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Lara — Yea
Ma — Yea
Mansoor — Nay
Norby — Not Voting
Silva — Not Voting
Solorio — Yea
Valadao — Nay
Wagner — Nay
Cook — Not Voting
Eng — Yea
Fuentes — Yea
Galgiani — Yea
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Not Voting
Roger Hernández — Not Voting
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

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
Gatto — Yea
Hall — Yea
Harkey — Yea
Hill — Yea
Mitchell — Yea
Campos — Yea
Davis — Yea
Norby — Yea
Solorio — Yea
Wagner — Yea
Blumenfield — Yea
Bradford — Yea
Lara — Yea
Nielsen — Yea
Donnelly — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Consent Calendar 2nd

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 33004
Republican 1000
Democratic 2000
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Runner — Yea
Lowenthal — Yea
De León — Yea
Evans — Yea
Negrete McLeod — Yea
Rubio — Yea
Cannella — Yea
Harman — Not Voting
Hernandez — Yea
Huff — Yea
Anderson — Yea
Corbett — Yea
Correa — Not Voting
Dutton — Yea
Leno — Yea
Lieu — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Vargas — Yea
Wright — Yea
Alquist — Yea
Blakeslee — Yea
Kehoe — Yea
Liu — Yea
Steinberg — Yea
Walters — Yea
Wolk — Not Voting
Emmerson — Yea
DeSaulnier — Yea
Fuller — Yea
Beth Gaines — Not Voting
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended. To Consent Calendar.

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
Rubio — Yea
Lowenthal — Yea
Huff — Yea
Kehoe — Yea
DeSaulnier — Yea
Pavley — Yea
Harman — Yea
Simitian — Yea
Beth Gaines — Yea

Official roll call →

Subjects

taxation healthcare health-insurance
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Frequently asked questions

What does SB 301 do?
(1) Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Under existing law, one of the methods by which Medi-Cal services are provided is through contracts with various types of managed care plans. Existing law imposes a tax at a specified rate on the gross premiums of an insurer, as defined, and, until July 1, 2012, on the total operating revenue, as specified, of a Medi-Cal managed care plan, as defined. Existing law exempts from that tax the total operating revenue of a Medi-Cal managed care plan, if specified events occur before July, 1, 2012. Existing law continuously appropriates the revenues derived from the tax on Medi-Cal managed care plans for specified purposes. This bill would extend the imposition of the tax on the total operating revenue of Medi-Cal managed care plans until July 1, 2014, and would make other conforming changes. This bill also would authorize the Controller to loan funds in the Children's Health and Human Services Special Fund to the General Fund, as provided, until July 1, 2013. By extending the imposition of a tax whose revenues are continuously appropriated, this bill would make an appropriation. (2) Existing law requires, until July 1, 2012, every return required to be filed with the Insurance Commissioner pursuant to provisions governing taxes on the total operating revenue of Medi-Cal managed care plans to be signed by the insurer or the Medi-Cal managed care plan or an executive officer of the insurer or the plan and to be made under oath or contain a written declaration that is made under penalty of perjury. This bill would instead apply this signature requirement until July 1, 2013. By expanding the crime of perjury, this bill would impose a state-mandated local program. (3) Existing law creates the Healthy Families Program, administered by the Managed Risk Medical Insurance Board (MRMIB) , to arrange for the provision of health, vision, and dental benefits to eligible children pursuant to a federal program, the Children's Health Insurance Program. Under existing law, the Director of Health Care Services may contract with any qualified individual, organization, or entity to provide services to, arrange for, or case manage the care of Medi-Cal beneficiaries, subject to specified requirements. Existing law requires a Medi-Cal applicant or beneficiary to be informed of the managed care and fee-for-service options available regarding methods of receiving Medi-Cal benefits. Existing law provides for the transition of specified enrollees of the Healthy Families Program to the Medi-Cal program, to the extent that those individuals are otherwise eligible, no sooner than January 1, 2013. Existing law requires this transition to take place in 4 phases, as prescribed. This bill would repeal the provisions requiring the transfer of Healthy Families Program enrollees into the Medi-Cal program. (4) Existing law requires the State Department of Health Care Services to impose a uniform quality assurance fee on each skilled nursing facility, with certain exceptions, in accordance with a prescribed formula. The formula is based on the determination of the projected net revenues, as defined, of skilled nursing facilities. Under existing law, the charge will cease to be assessed after July 31, 2013, and these provisions will be repealed on January 1, 2014. Existing law, the Medi-Cal Long-Term Care Reimbursement Act, requires the department to implement a facility-specific reimbursement ratesetting system for certain skilled nursing facilities. Reimbursement rates for freestanding skilled nursing facilities are funded by a combination of federal funds and moneys collected pursuant to the skilled nursing uniform quality assurance fee. Existing law also establishes the Skilled Nursing Facility Quality and Accountability Special Fund in the State Treasury, which is a continuously appropriated fund that contains moneys from the assessment of specified administrative penalties and set asides of General Fund moneys, for the purposes of making quality and accountability payments. Existing law provides that this rate methodology shall cease to be implemented after July 31, 2013, and that these provisions shall be repealed on January 1, 2014. This bill would modify the calculation of rates under the above-referenced rate methodology, and would extend the assessment of the charge, implementation of the rate methodology, and implementation of related provisions until July 31, 2015. By extending the period of time during which transfers are made to the Skilled Nursing Facility Quality and Accountability Special Fund, this bill would make an appropriation. This bill would also modify the amount of moneys to be deposited into the Skilled Nursing Facility Quality and Accountability Special Fund, by, among other things, requiring that specified set-asides under the rate methodology remain in the General Fund instead of transferring to the Skilled Nursing Facility Quality and Accountability Special Fund and increasing the amount of certain set-asides to be transferred to the fund. This bill would instead require that the quality and accountability payments be made beginning with the 2013–14 rate year. (5) Existing federal Medicaid law requires nursing facilities, as defined, to perform an assessment of each resident's functional capacity that is based on a uniform minimum data set, as specified. This bill would require nursing facilities, the State Department of Health Care Services, and the State Department of Public Health to perform various duties with respect to the federal government's nursing home quality initiative and this assessment. (6) Section 92 of Chapter 11 of the First Extraordinary Session of the Statutes of 2011 provides that act becomes inoperative if any of its provisions are amended or repealed. This bill would repeal that provision and would provide that, notwithstanding Section 92 of Chapter 11 of the First Extraordinary Session of the Statutes of 2011, the provisions of Chapter 11 of the First Extraordinary Session of the Statutes of 2011 do not become inoperative upon the amendment or repeal of any provision of that chapter made by this bill. (7) 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. (8) This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature.
Who sponsors SB 301?
SB 301 is sponsored by Cannella, DeSaulnier, Emmerson, Pan, Pavley, Pérez, Sasha Renée (Democratic), Rubio, Susan (Democratic), Perea, Swanson, Wieckowski, Williams, Yee, and Strickland, Tony (Republican).
What is the current status of SB 301?
This bill died with 2011-2012 Regular Session. It reached “Passed Senate” 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 301?
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