California 2011-2012, 1st Special Session Status: Enacted

AB 19 — Long-term care.

Last action — Chaptered by Secretary of State. Chapter 4, Statutes of 2011-12 First Extraordinary Session.

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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 May 19, 2011. 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 3 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 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. Existing law requires the department 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 Under existing law, the fee will cease to be assessed after July 31, 2012, and these provisions will be repealed on January 1, 2013. This bill would provide that, beginning in the 2011–12 rate year, a unit that provides freestanding pediatric subacute care services in a skilled nursing facility will no longer be exempt from the quality assurance fee. This bill would require that the definition for net revenues as it applies for the 2009–10 to 2011–12, inclusive, rate years, shall also apply to each rate year thereafter. This bill would extend the repeal date of these provisions until January 1, 2014. This bill would also make conforming changes to reimbursement rates for freestanding pediatric subacute care units, as prescribed. Existing law provides for the licensure and regulation of long-term care facilities by the State Department of Public Health, and provides for a citation system for the imposition of civil sanctions against long-term care facilities in violation of applicable laws and regulations. This bill would increase the amount that may be imposed on a skilled nursing facility or an intermediate care facility for a class "B" citation to $2,000. Existing law, the Medi-Cal Long-Term Care Reimbursement Act, requires the State Department of Health Care Services 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, 2012, and that these provisions be repealed on January 1, 2013. This bill would extend the implementation date of the skilled nursing facility rate reimbursement provisions through July 31, 2013, would make various conforming changes to these provisions, and would extend the repeal date for all of these provisions until January 1, 2014. This bill would also modify, for the 2011–12 and 2012–13 rate years, the facility reimbursement formula to be used under these provisions. 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. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. Governor Schwarzenegger issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 6, 2010. Governor Brown issued a proclamation on January 20, 2011, declaring and reaffirming that a fiscal emergency exists and stating that his proclamation supersedes the earlier proclamation for purposes of that constitutional provision. This bill would state that it addresses the fiscal emergency declared and reaffirmed by the Governor by proclamation issued on January 20, 2011, pursuant to the California Constitution. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 4, Statutes of 2011-12 First Extraordinary Session.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:15 p.m.

  4. Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 69. Noes 5. Page 207.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 15 pursuant to Assembly Rule 77.

  6. Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 32. Noes 2. Page 136.).

  7. Ordered to third reading.

  8. Withdrawn from committee.

  9. (Page 132.)

  10. Pursuant to Joint Rule 33.1, Joint Rule 10.5 suspended by unanimous consent.

  11. 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.

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

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

  14. Read third time. Passed. Ordered to the Senate. (Ayes 49. Noes 21. Page 177.)

  15. Read second time. Ordered to third reading.

  16. (Page 171.)

  17. Ordered to second reading.

  18. Without reference to committee.

  19. From printer.

  20. Read first time. To print.

Sponsors

  • Blumenfield · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Blumenfield

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 69 Yea · 5 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 65406
Democratic 3000
Republican 1100
Total 69506
% of votes cast 86%6%0%8%
How each member voted (80)
Member Party Vote
Eng — Yea
Feuer — Yea
Davis — Yea
Dickinson — Yea
Fuentes — Yea
Furutani — Yea
Gatto — Yea
Gordon — Yea
Gorell — Not Voting
Hagman — Yea
Butler — Yea
Carter — Yea
Garrick — Yea
Cedillo — Yea
Conway — Yea
Cook — Yea
Hill — Yea
Huber — Yea
Huffman — Yea
Olsen — Yea
Perea — Yea
Smyth — Yea
Williams — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Yamada — Yea
Campos — Yea
Bonilla — Yea
Atkins — Yea
Galgiani — Yea
Fletcher — Not Voting
Halderman — Not Voting
Hall — Yea
Harkey — Yea
Hayashi — Yea
Hueso — Yea
Jeffries — Not Voting
Knight — Nay
Beall — Yea
Block — Yea
Chesbro — Yea
Donnelly — Nay
Mendoza — Nay
Miller — Not Voting
Monning — Yea
Nestande — Yea
Nielsen — Yea
Pan — Yea
Silva — Yea
Solorio — Yea
Valadao — Yea
Wieckowski — Yea
Achadjian — Yea
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Lara — Yea
Logue — Yea
Ma — Yea
Mansoor — Not Voting
Morrell — Yea
Norby — Yea
Skinner — Yea
Swanson — Yea
Torres — Yea
Wagner — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Nay

Official roll call →

Passed 32 Yea · 2 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 29206
Republican 1000
Democratic 2000
Total 32206
% of votes cast 80%5%0%15%
How each member voted (40)
Member Party Vote
Wyland — Not Voting
Emmerson — Yea
DeSaulnier — Yea
Fuller — Yea
Yee — Yea
Hancock — Yea
Evans — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Cannella — Yea
Hernandez — Yea
Runner — Not Voting
Huff — Not Voting
Corbett — Yea
Anderson — Nay
Correa — Yea
Dutton — Yea
Kehoe — Yea
Leno — Yea
Pavley — Not Voting
Price — Not Voting
Steinberg — Yea
Walters — Yea
Wolk — Yea
Alquist — Yea
Blakeslee — Not Voting
Harman — Yea
Lieu — Yea
Liu — Yea
Simitian — Yea
Vargas — Yea
Wright — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 49 Yea · 21 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 4619010
Democratic 3000
Republican 0200
Total 4921010
% of votes cast 61%26%0%13%
How each member voted (80)
Member Party Vote
Eng — Yea
Fuentes — Yea
Furutani — Yea
Garrick — Not Voting
Yamada — Yea
Hagman — Nay
Butler — Yea
Feuer — Yea
Davis — Yea
Galgiani — Yea
Gatto — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Hayashi — Yea
Blumenfield — Yea
Hill — Yea
Huber — Yea
Hueso — Yea
Huffman — Yea
Ma — Yea
Perea — Yea
Skinner — Yea
Swanson — Yea
Williams — Yea
Campos — Yea
Gordon — Yea
Bonilla — Yea
Atkins — Yea
Gorell — Not Voting
Halderman — Nay
Hall — Yea
Jeffries — Nay
Fletcher — Not Voting
Carter — Not Voting
Lara — Yea
Logue — Nay
Beall — Yea
Mendoza — Yea
Miller — Not Voting
Monning — Yea
Morrell — Nay
Nielsen — Nay
Cedillo — Not Voting
Chesbro — Yea
Conway — Nay
Cook — Nay
Dickinson — Yea
Donnelly — Nay
Norby — Nay
Olsen — Nay
Pan — Yea
Silva — Nay
Solorio — Yea
Torres — Yea
Wagner — Nay
Wieckowski — Yea
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Block — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Knight — Nay
Mansoor — Nay
Nestande — Not Voting
Smyth — Not Voting
Valadao — Nay
Beth Gaines — Not Voting
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Subjects

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Frequently asked questions

What does AB 19 do?
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. Existing law requires the department 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 fee will cease to be assessed after July 31, 2012, and these provisions will be repealed on January 1, 2013. This bill would provide that, beginning in the 2011–12 rate year, a unit that provides freestanding pediatric subacute care services in a skilled nursing facility will no longer be exempt from the quality assurance fee. This bill would require that the definition for net revenues as it applies for the 2009–10 to 2011–12, inclusive, rate years, shall also apply to each rate year thereafter. This bill would extend the repeal date of these provisions until January 1, 2014. This bill would also make conforming changes to reimbursement rates for freestanding pediatric subacute care units, as prescribed. Existing law provides for the licensure and regulation of long-term care facilities by the State Department of Public Health, and provides for a citation system for the imposition of civil sanctions against long-term care facilities in violation of applicable laws and regulations. This bill would increase the amount that may be imposed on a skilled nursing facility or an intermediate care facility for a class "B" citation to $2,000. Existing law, the Medi-Cal Long-Term Care Reimbursement Act, requires the State Department of Health Care Services 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, 2012, and that these provisions be repealed on January 1, 2013. This bill would extend the implementation date of the skilled nursing facility rate reimbursement provisions through July 31, 2013, would make various conforming changes to these provisions, and would extend the repeal date for all of these provisions until January 1, 2014. This bill would also modify, for the 2011–12 and 2012–13 rate years, the facility reimbursement formula to be used under these provisions. 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. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. Governor Schwarzenegger issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 6, 2010. Governor Brown issued a proclamation on January 20, 2011, declaring and reaffirming that a fiscal emergency exists and stating that his proclamation supersedes the earlier proclamation for purposes of that constitutional provision. This bill would state that it addresses the fiscal emergency declared and reaffirmed by the Governor by proclamation issued on January 20, 2011, pursuant to the California Constitution. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 19?
AB 19 is sponsored by Blumenfield.
What is the current status of AB 19?
This bill has been enacted into law. Introduced May 19, 2011. Enacted.
Where can I track AB 19?
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