California 2019-2020 Regular Session Status: Enacted

AB 115 — Medi-Cal: managed care organization provider tax.

Last action — Chaptered by Secretary of State - Chapter 348, Statutes of 2019.

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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 December 03, 2018. 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 4 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 establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which health care services are provided to qualified low-income persons. 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 pursuant to contracts with various types of managed care plans. Existing law, until July 1, 2019, imposed a managed care organization provider tax, administered and assessed by the department, on licensed health care service plans, managed care plans contracted with the department to provide Medi-Cal services, and alternate health care service plans (AHCSP) , as defined. The tax included the establishment of applicable taxing tiers and per enrollee amounts for each fiscal year, and all revenues, less refunds, derived from the tax were deposited into the State Treasury to the credit of the Health and Human Services Special Fund in the State Treasury, and continuously appropriated to the department for purposes of funding the nonfederal share of Medi-Cal managed care rates for health care services furnished to specified persons. Existing law declares the intent of the Legislature to enact a managed care organization provider tax in California, and requires the collection of the tax and the associated revenue contingent upon receipt of approval from the federal Centers for Medicare and Medicaid Services. This bill would establish a managed care organization provider tax, with substantially similar provisions, that would become effective and operative on the effective date of the federal approval necessary for receipt of federal financial participation, as specified. The bill would specify the applicable tax amounts for each taxing tier for the 2019–20, 2020–21, and 2021–22, fiscal years, and the first 6 months of the 2022–23 fiscal year. The bill would establish the Health Care Services Special Fund. All revenues, less refunds, derived from the taxes provided for in the bill would be deposited in the State Treasury to the credit of the fund and continuously appropriated, without regard to fiscal year, to the department for purposes of funding the nonfederal share of Medi-Cal managed care rates for health care services furnished to children, adults, seniors and persons with disabilities, and persons dually eligible for Medi-Cal and Medicare. By creating a continuously appropriated fund, the bill would make an appropriation. This bill would make these provisions inoperative on January 1, 2023, or under other circumstances specified in the bill, and would repeal it as of January 1, 2024. (2) 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. (3) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 348, Statutes of 2019.

  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 55. Noes 13. Page 3488.).

  5. Assembly Rule 63 suspended. (Page 3466.)

  6. In Assembly. Concurrence in Senate amendments pending.

  7. Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 29. Noes 11. Page 2901.).

  8. Read second time. Ordered to third reading.

  9. From committee: Do pass. (Ayes 12. Noes 4.) (September 10).

  10. Senate Rule 29.3(b) suspended. (Ayes 29. Noes 7. Page 2690.)

  11. In committee: Hearing postponed by committee.

  12. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B. & F.R.

  13. In committee: Hearing postponed by committee.

  14. Referred to Com. on B. & F.R.

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

  16. Read third time. Passed. Ordered to the Senate. (Ayes 54. Noes 13. Page 1185.)

  17. Read second time. Ordered to third reading.

  18. Ordered to second reading.

  19. Withdrawn from committee.

  20. Assembly Rule 96 suspended. (Ayes 53. Noes 15. Page 1032.)

  21. Referred to Com. on BUDGET.

  22. From printer. May be heard in committee January 3.

  23. Read first time. To print.

Sponsors

  • Committee on Budget · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 14 voted No

Sponsors (1)

  • Committee on Budget

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 29 Yea · 11 Nay
Party YeaNayPresentNot Voting
Unaffiliated 19800
Democratic 10000
Republican 0300
Total 291100
% of votes cast 73%28%0%0%
How each member voted (40)
Member Party Vote
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Beall — Yea
Atkins — Yea
Hill — Yea
Roth — Yea
Hueso — Yea
Leyva — Yea
Dodd — Yea
Skinner — Yea
Allen — Yea
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Glazer — Yea
Pan — Yea
Moorlach — Nay
Borgeas — Nay
Bates — Nay
Morrell — Nay
Nielsen — Nay
Wilk — Nay
Chang — Nay
Mark Stone — Nay
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Passed 55 Yea · 13 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 39607
Democratic 16501
Republican 0203
Total 5513011
% of votes cast 70%16%0%14%
How each member voted (79)
Member Party Vote
Salas — Yea
Frazier — Yea
Cooley — Yea
Smith — Yea
Gonzalez — Yea
Chau — Yea
Gloria — Yea
Bloom — Yea
Rodriguez — Yea
Santiago — Yea
Chiu — Yea
Gray — Yea
Holden — Yea
Daly — Yea
Eggman — Yea
Maienschein — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Friedman — Yea
Ting — Yea
Kamlager-Dove — Yea
Levine — Yea
Low — Yea
Nazarian — Yea
Burke — Yea
Cooper — Yea
Wood — Yea
Medina — Yea
Rendon — Yea
Chu — Yea
McCarty — Yea
O'Donnell — Yea
Weber — Yea
Voepel — Nay
Brough — Nay
Obernolte — Nay
Bigelow — Nay
Melendez — Nay
Cunningham — Nay
Fong — Not Voting
Kiley — Not Voting
Mayes — Not Voting
Mathis — Not Voting
Diep — Not Voting
Waldron — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Nay
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Nay
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Not Voting
Petrie-Norris, Cottie Democratic Nay
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Nay
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Flora, Heath Republican Not Voting
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass

Passed 12 Yea · 4 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 4001
Unaffiliated 8201
Republican 0200
Total 12402
% of votes cast 67%22%0%11%
How each member voted (18)
Member Party Vote
Monning — Yea
Skinner — Yea
Wieckowski — Yea
Beall — Yea
Roth — Yea
Mitchell — Yea
Pan — Yea
Leyva — Yea
Nielsen — Nay
Moorlach — Not Voting
Mark Stone — Nay
Caballero, Anna M. Democratic Yea
Hurtado, Melissa Democratic Yea
McGuire, Mike Democratic Not Voting
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Dahle, Megan Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Passed 54 Yea · 13 Nay · 13 Other
Party YeaNayPresentNot Voting
Unaffiliated 32808
Democratic 22102
Republican 0403
Total 5413013
% of votes cast 68%16%0%16%
How each member voted (80)
Member Party Vote
Salas — Yea
Frazier — Yea
Smith — Yea
Gonzalez — Yea
Chau — Yea
Gloria — Yea
Bloom — Yea
Rodriguez — Yea
Santiago — Yea
Gray — Yea
Holden — Yea
Daly — Yea
Eggman — Yea
Maienschein — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Friedman — Yea
Ting — Yea
Kamlager-Dove — Yea
McCarty — Yea
Nazarian — Yea
Burke — Yea
Cooper — Yea
Wood — Yea
Medina — Yea
Rendon — Yea
Chu — Yea
O'Donnell — Yea
Weber — Yea
Voepel — Nay
Brough — Nay
Kiley — Nay
Obernolte — Nay
Mathis — Nay
Bigelow — Nay
Melendez — Nay
Waldron — Nay
Mayes — Not Voting
Chiu — Not Voting
Levine — Not Voting
Cooley — Not Voting
Cunningham — Not Voting
Diep — Not Voting
Low — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Not Voting
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Not Voting
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Nay
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al 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
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Not Voting
Patterson, Joe Republican Nay

Official roll call →

Subjects

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Frequently asked questions

What does AB 115 do?
(1) Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which health care services are provided to qualified low-income persons. 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 pursuant to contracts with various types of managed care plans. Existing law, until July 1, 2019, imposed a managed care organization provider tax, administered and assessed by the department, on licensed health care service plans, managed care plans contracted with the department to provide Medi-Cal services, and alternate health care service plans (AHCSP) , as defined. The tax included the establishment of applicable taxing tiers and per enrollee amounts for each fiscal year, and all revenues, less refunds, derived from the tax were deposited into the State Treasury to the credit of the Health and Human Services Special Fund in the State Treasury, and continuously appropriated to the department for purposes of funding the nonfederal share of Medi-Cal managed care rates for health care services furnished to specified persons. Existing law declares the intent of the Legislature to enact a managed care organization provider tax in California, and requires the collection of the tax and the associated revenue contingent upon receipt of approval from the federal Centers for Medicare and Medicaid Services. This bill would establish a managed care organization provider tax, with substantially similar provisions, that would become effective and operative on the effective date of the federal approval necessary for receipt of federal financial participation, as specified. The bill would specify the applicable tax amounts for each taxing tier for the 2019–20, 2020–21, and 2021–22, fiscal years, and the first 6 months of the 2022–23 fiscal year. The bill would establish the Health Care Services Special Fund. All revenues, less refunds, derived from the taxes provided for in the bill would be deposited in the State Treasury to the credit of the fund and continuously appropriated, without regard to fiscal year, to the department for purposes of funding the nonfederal share of Medi-Cal managed care rates for health care services furnished to children, adults, seniors and persons with disabilities, and persons dually eligible for Medi-Cal and Medicare. By creating a continuously appropriated fund, the bill would make an appropriation. This bill would make these provisions inoperative on January 1, 2023, or under other circumstances specified in the bill, and would repeal it as of January 1, 2024. (2) 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. (3) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Who sponsors AB 115?
AB 115 is sponsored by Committee on Budget.
What is the current status of AB 115?
This bill has been enacted into law. Introduced December 03, 2018. Enacted.
Where can I track AB 115?
Track AB 115 free on One Click Politics — get push/email alerts when it moves.

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