California 2013-2014 Regular Session Status: Enacted

SB 1276 — Health care: fair billing policies.

Last action — Chaptered by Secretary of State. Chapter 758, Statutes of 2014.

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

This bill has been enacted into law. Introduced February 21, 2014. Enacted.

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 5 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

(1) Existing law requires a hospital, as defined, to maintain an understandable written policy regarding discount payments for financially qualified patients as well as a written charity care policy, and authorizes a hospital to negotiate the terms of a payment plan with a patient. Existing law requires that uninsured patients or patients with high medical costs who are at or below 350% of the federal poverty level be eligible for charity care or a discount payment policy from a hospital, as specified, and requires that specified patients be eligible for discount payments to an emergency physician. Existing law defines a patient with high medical costs as a person whose family income does not exceed 350% of the federal poverty level and who does not receive a discounted rate from the hospital or physician as a result of his or her 3rd-party coverage. This bill would instead require a hospital to negotiate with a patient regarding a payment plan, taking into consideration the patient's family income and essential living expenses. This bill would require the hospital to use a specified formula to create a reasonable payment plan, as defined, if the hospital and the patient cannot agree to a payment plan. This bill would change the definition of a person with high medical costs to include those persons who do receive a discounted rate from the hospital as a result of 3rd-party coverage. This bill would also require an emergency physician or his or her assignee to use a specified formula to calculate a reasonable payment formula when a patient is attempting to qualify for eligibility under the emergency physician's discount payment policy. This bill would authorize an emergency physician or his or her assignee to rely on the determination of family income and essential living expenses made by the hospital at which emergency care was provided for purposes of calculating the reasonable payment formula, and would authorize an emergency physician or his or her assignee, at his or her discretion, to accept self-attestation of family income and essential living expenses by a patient or a patient's legal representative. (2) Existing law requires a hospital or emergency physician to make a reasonable effort to obtain from the patient, or his or her representative, information about whether private or public health insurance or sponsorship may fully or partially cover the charges for care, including private health insurance, and requires the hospital or emergency physician to provide a patient who has not shown proof of 3rd-party coverage with specified information, including a statement that he or she may be eligible for specified health coverage programs, including Medi-Cal and the California Children's Services program, and applications for those programs. This bill would require the hospital or emergency physician to obtain information as to whether the patient may be eligible for the California Health Benefit Exchange and to include in the information provided to a patient that has not shown proof of 3rd-party coverage a statement that the consumer may be eligible for coverage through the California Health Benefit Exchange or other state- or county-funded health coverage programs. The bill would also specify that when a patient applies, or has a pending application, for another health coverage program at the same time he or she applies for charity care or a discount payment program, that neither application precludes eligibility for the other program. (3) Existing law requires a hospital or an emergency physician to have a written policy defining standards and practices for the collection of debt, and a written agreement from any agency that collects debt that it will adhere to the standards and practices. This bill would require the affiliate, subsidiary, or external collection agency that is collecting hospital or emergency physician receivables to comply with the definition and application of a reasonable payment plan, as defined.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 758, Statutes of 2014.

  2. Approved by the Governor.

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

  4. Assembly amendments concurred in. (Ayes 24. Noes 11. Page 4474.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 54. Noes 22. Page 5965.) 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 14. Noes 4.) (June 24).

  10. Referred to Com. on HEALTH.

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

  12. Read third time. Passed. (Ayes 23. Noes 10. Page 3594.) Ordered to the Assembly.

  13. Read second time. Ordered to third reading.

  14. Ordered to second reading.

  15. Read third time and amended.

  16. Read second time. Ordered to third reading.

  17. From committee: Do pass. (Ayes 5. Noes 2. Page 3162.) (April 9).

  18. Set for hearing April 9.

  19. Referred to Com. on HEALTH.

  20. Read first time.

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

  22. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Hernandez · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 6 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 Business SB1276 Hernandez Concurrence

Passed 24 Yea · 11 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 221104
Democratic 2001
Total 241105
% of votes cast 60%28%0%13%
How each member voted (40)
Member Party Vote
Anderson — Nay
Beall — Yea
Block — Yea
Hernandez — Yea
Lara — Yea
Morrell — Nay
Wright — Not Voting
Correa — Not Voting
Evans — Yea
Cannella — Not Voting
Fuller — Nay
Mitchell — Yea
De León — Yea
Hancock — Yea
Hill — Yea
Corbett — Yea
Hueso — Yea
Huff — Nay
Knight — Nay
Leno — Yea
Lieu — Yea
Liu — Yea
Monning — Yea
Nielsen — Nay
Pavley — Yea
Roth — Yea
Steinberg — Yea
Torres — Yea
Vidak — Nay
Walters — Nay
Wolk — Yea
DeSaulnier — Yea
Wyland — Nay
Galgiani — Yea
Yee — Not Voting
Beth Gaines — Nay
Bill Berryhill — Nay
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

SB 1276 Hernandez Senate Third Reading By WIECKOWSKI

Passed 54 Yea · 22 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 501903
Democratic 4000
Republican 0300
Total 542203
% of votes cast 68%28%0%4%
How each member voted (79)
Member Party Vote
Achadjian — Not Voting
Alejo — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Holden — Yea
Jones-Sawyer — Yea
Linder — Nay
Maienschein — Nay
Mansoor — Nay
Medina — Yea
Nazarian — Yea
Rendon — Yea
Ridley-Thomas — Not Voting
Rodriguez — Yea
Wagner — Nay
Waldron — Nay
Williams — Yea
Fox — Yea
Gomez — Yea
Gordon — Yea
Lowenthal — Yea
Garcia — Yea
Gray — Yea
Atkins — Yea
Fong — Yea
Dababneh — Yea
Bonilla — Yea
Ammiano — Yea
Eggman — Yea
Quirk — Yea
Skinner — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Hagman — Nay
Harkey — Nay
Allen — Nay
Levine — Yea
Logue — Nay
Campos — Yea
Melendez — Nay
Mullin — Yea
Nestande — Nay
Bigelow — Nay
Chau — Yea
Chesbro — Yea
Chávez — Nay
Conway — Nay
Cooley — Yea
Donnelly — Nay
Olsen — Nay
Pan — Yea
Perea — Yea
Ting — Yea
Weber — Yea
Wieckowski — Yea
Wilk — Nay
Daly — Yea
Dickinson — Yea
Frazier — Yea
Gatto — Yea
Yamada — Yea
Gorell — Not Voting
Hall — Yea
Beth Gaines — Nay
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended.

Passed 14 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 13401
Democratic 1000
Total 14401
% of votes cast 74%21%0%5%
How each member voted (19)
Member Party Vote
Ammiano — Yea
Mansoor — Nay
Ridley-Thomas — Yea
Waldron — Yea
Chávez — Nay
Chesbro — Yea
Bonilla — Yea
Lowenthal — Yea
Maienschein — Nay
Nazarian — Yea
Pan — Yea
Rodriguez — Yea
Wagner — Nay
Wieckowski — Yea
Gomez — Yea
Jim Patterson — Not Voting
Lorena Gonzalez — Yea
Roger Hernández — Yea
Bonta, Mia Democratic Yea

Official roll call →

3rd Reading

Passed 23 Yea · 10 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 211006
Democratic 2001
Total 231007
% of votes cast 58%25%0%18%
How each member voted (40)
Member Party Vote
Beall — Yea
Block — Yea
Hernandez — Yea
Lieu — Yea
Torres — Yea
Wright — Not Voting
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Galgiani — Yea
Hancock — Yea
Hill — Yea
Hueso — Yea
Knight — Nay
Leno — Yea
Mitchell — Yea
De León — Yea
Corbett — Yea
Monning — Yea
Morrell — Nay
Nielsen — Nay
Pavley — Yea
Roth — Yea
Steinberg — Yea
Vidak — Nay
Wolk — Yea
Wyland — Nay
Fuller — Nay
Cannella — Not Voting
Huff — Nay
Lara — Not Voting
Anderson — Nay
Liu — Not Voting
Walters — Nay
Yee — Not Voting
Beth Gaines — Nay
Bill Berryhill — Not Voting
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass.

Passed 5 Yea · 2 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 5202
Total 5202
% of votes cast 56%22%0%22%
How each member voted (9)
Member Party Vote
Anderson — Nay
Beall — Yea
Nielsen — Nay
Hernandez — Yea
De León — Not Voting
Monning — Yea
Wolk — Not Voting
Evans — Yea
DeSaulnier — Yea

Official roll call →

Subjects

healthcare health-insurance
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Frequently asked questions

What does SB 1276 do?
(1) Existing law requires a hospital, as defined, to maintain an understandable written policy regarding discount payments for financially qualified patients as well as a written charity care policy, and authorizes a hospital to negotiate the terms of a payment plan with a patient. Existing law requires that uninsured patients or patients with high medical costs who are at or below 350% of the federal poverty level be eligible for charity care or a discount payment policy from a hospital, as specified, and requires that specified patients be eligible for discount payments to an emergency physician. Existing law defines a patient with high medical costs as a person whose family income does not exceed 350% of the federal poverty level and who does not receive a discounted rate from the hospital or physician as a result of his or her 3rd-party coverage. This bill would instead require a hospital to negotiate with a patient regarding a payment plan, taking into consideration the patient's family income and essential living expenses. This bill would require the hospital to use a specified formula to create a reasonable payment plan, as defined, if the hospital and the patient cannot agree to a payment plan. This bill would change the definition of a person with high medical costs to include those persons who do receive a discounted rate from the hospital as a result of 3rd-party coverage. This bill would also require an emergency physician or his or her assignee to use a specified formula to calculate a reasonable payment formula when a patient is attempting to qualify for eligibility under the emergency physician's discount payment policy. This bill would authorize an emergency physician or his or her assignee to rely on the determination of family income and essential living expenses made by the hospital at which emergency care was provided for purposes of calculating the reasonable payment formula, and would authorize an emergency physician or his or her assignee, at his or her discretion, to accept self-attestation of family income and essential living expenses by a patient or a patient's legal representative. (2) Existing law requires a hospital or emergency physician to make a reasonable effort to obtain from the patient, or his or her representative, information about whether private or public health insurance or sponsorship may fully or partially cover the charges for care, including private health insurance, and requires the hospital or emergency physician to provide a patient who has not shown proof of 3rd-party coverage with specified information, including a statement that he or she may be eligible for specified health coverage programs, including Medi-Cal and the California Children's Services program, and applications for those programs. This bill would require the hospital or emergency physician to obtain information as to whether the patient may be eligible for the California Health Benefit Exchange and to include in the information provided to a patient that has not shown proof of 3rd-party coverage a statement that the consumer may be eligible for coverage through the California Health Benefit Exchange or other state- or county-funded health coverage programs. The bill would also specify that when a patient applies, or has a pending application, for another health coverage program at the same time he or she applies for charity care or a discount payment program, that neither application precludes eligibility for the other program. (3) Existing law requires a hospital or an emergency physician to have a written policy defining standards and practices for the collection of debt, and a written agreement from any agency that collects debt that it will adhere to the standards and practices. This bill would require the affiliate, subsidiary, or external collection agency that is collecting hospital or emergency physician receivables to comply with the definition and application of a reasonable payment plan, as defined.
Who sponsors SB 1276?
SB 1276 is sponsored by Hernandez.
What is the current status of SB 1276?
This bill has been enacted into law. Introduced February 21, 2014. Enacted.
Where can I track SB 1276?
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