AB 1392 California Assembly · 2023-2024 Regular Session

Hospitals: procurement contracts.

Summary
Existing law requires a licensed hospital with operating expenses of $50,000,000 or more, and a licensed hospital with operating expenses of $25,000,000 or more that is part of a hospital system, to submit an annual report to the Department of Health Care Access and Information, formerly structured as the Office of Statewide Health Planning and Development, on the hospital's minority, women, LGBT, and disabled veteran business enterprise procurement efforts, as specified. Existing law imposes certain civil penalties for failure to file a report. This bill would require those hospitals to annually submit, beginning July 1, 2025, and annually by July 1 thereafter, a plan, instead of the above-described report, for increasing procurement from minority, women, LGBT, and disabled veteran business tier 1 and tier 2 enterprises. In addition to the existing required contents within the report, the bill would require the plan to include short- and long-term goals and timetables, but not quotas, for increasing procurement from those business enterprises, the methods in which the hospital resolves any issues that may limit or impede an enterprise from becoming a supplier, and planned and past implementation of relevant recommendations made by the hospital diversity commission described below, among other changes. The bill would authorize the department to review the plans for completeness. The bill would require the department to establish guidelines for hospitals to voluntarily utilize when pursuing procurement efforts, activities, or programs in accordance with these provisions. The bill would make legislative findings that each licensed hospital and hospital that is part of a hospital system that is not required to submit a plan is encouraged to voluntarily adopt one for increasing procurement from the above-described business enterprises. Existing law requires the department to convene a hospital diversity commission comprised of the public and health care, diversity, and procurement stakeholders, and sets forth the composition of the commission, including, among others, representatives of minority, women, LGBT, and disabled veteran business enterprises. Existing law prohibits the commissioners from receiving compensation for their services, but authorizes the department to reimburse them for their actual and necessary expenses, as specified. This bill would add, to the list of commissioners, a representative of a group purchasing organization, as defined, manufacturer, or vendor of goods and services for hospitals who, at the time of appointment, is a practitioner or expert in the field of supplier diversity. The bill would make other changes to the commission's structure and functions. The bill would authorize the department, upon appropriation for this purpose, to provide compensation to the commissioners for their services. The bill would require the department to undertake outreach and provide assistance, based on the commission's recommendations, to hospitals, manufacturers, vendors, or group purchasing organizations of hospital goods and services, and to minority, women, LGBT, and disabled veteran business enterprises, as specified. The bill would authorize the department, upon appropriation for this purpose, to establish and operate a clearinghouse to maintain a database, and verify the statuses, of minority, women, LGBT, and disabled veteran businesses enterprises that are prime suppliers or subcontract suppliers to hospitals or other entities in the procurement ecosystem of hospital goods and services, as specified. The bill would also make conforming changes to related provisions containing references to the above-described report and to the predecessor of the department.
Bill status signed all 5 stages cleared
Introduction
Feb 2023
Committee Review
Aug 2023
Assembly Passage
May 2023
Senate Passage
Sep 2023
Signed into Law
Oct 2023
Introduced Feb 17, 2023 Signed Oct 13, 2023
Floor votes · Senate Sep 12, 2023 · Assembly May 25, 2023

How they voted

29–7
Passed · 4 other
Total votes 40
Sep 12, 2023
D Democratic31
29 Yea 2
93% Yea
R Republican9
7 Nay 2
77% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
26
Key actions
11
Committee
10
Amendments
6
Oct 13, 2023
Signed into law
Approved by the Governor.
legislature
Sep 13, 2023
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 64. Noes 11. Page 3434.).
lower
Sep 12, 2023
Introduced
In Assembly. Concurrence in Senate amendments pending.
lower
Sep 12, 2023
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 7. Page 2664.).
upper
Sep 8, 2023
Upper · Passed
Read third time and amended. Ordered to second reading.
upper
Sep 1, 2023
Upper · Passed
Read second time and amended. Ordered returned to second reading.
upper
Sep 1, 2023
Introduced
From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (September 1).
upper
Aug 14, 2023
Committee
In committee: Referred to APPR suspense file.
upper
Jul 6, 2023
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 2.) (July 5). Re-referred to Com. on APPR.
upper
Jun 7, 2023
Committee
Referred to Com. on HEALTH.
upper
May 25, 2023
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 60. Noes 10. Page 1771.)
lower
May 18, 2023
Lower · Passed
From committee: Do pass. (Ayes 12. Noes 3.) (May 18).
lower
Apr 26, 2023
Committee
In committee: Set, first hearing. Referred to APPR. suspense file.
lower
Apr 12, 2023
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 1.) (April 11). Re-referred to Com. on APPR.
lower
Apr 3, 2023
Committee
Re-referred to Com. on HEALTH.
lower
Mar 30, 2023
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.
lower
Mar 15, 2023
Lower · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
lower
Mar 2, 2023
Committee
Referred to Com. on HEALTH.
lower
Feb 18, 2023
Lower · Passed
From printer. May be heard in committee March 20.
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Freddie Rodriguez
Freddie Rodriguez
DDemocratic
CA
53