AB 412 California Assembly · 2023-2024 Regular Session

Distressed Hospital Loan Program.

Summary
The California Health Facilities Financing Authority Act authorizes the California Health Facilities Financing Authority to, among other things, make loans from the continuously appropriated California Health Facilities Financing Authority Fund to participating health institutions, as defined, for financing or refinancing the acquisition, construction, or remodeling of health facilities. This bill would create the Distressed Hospital Loan Program, until January 1, 2032, for the purpose of providing loans to not-for-profit hospitals and public hospitals, as defined, in significant financial distress, or to governmental entities representing a closed hospital to prevent the closure or facilitate the reopening of a closed hospital. The bill would require, subject to an appropriation by the Legislature, the Department of Health Care Access and Information to administer the program and would require the department to enter into an interagency agreement with the authority to implement the program. The bill would require the department, in collaboration with the State Department of Health Care Services, the Department of Managed Health Care, and the State Department of Public Health, to develop a methodology to evaluate an at-risk hospital's potential eligibility for state assistance from the program, as specified. Notwithstanding that methodology, the bill would deem a hospital applying for aid to be immediately eligible for state assistance from the program if the hospital has 90 or fewer days cash on hand and has experienced a negative operating margin over the preceding 12 months. The bill would require a hospital or a closed hospital to provide the authority and the department with financial information, in a format determined by the authority, demonstrating the hospital's need for assistance due to financial hardship. The bill would additionally require that the department, in consultation with the authority, develop a loan forgiveness application and approval process, as specified. The bill would specify that the authority and the department may implement these provisions by information notices or other similar instructions, without taking any further regulatory action. This bill would create the Distressed Hospital Loan Program Fund, a continuously appropriated fund, for use by the department and the authority to administer the loan program, as specified. The bill would authorize both the authority and the department to recover administrative costs from the fund, as specified. By creating a continuously appropriated fund, the bill would make an appropriation. Existing law generally requires a health care facility to report specified data to the department, including total inpatient and outpatient revenues by payer, including Medicare and Medi-Cal. Existing law requires the department to adopt regulations regarding the identification and reporting of charity care services, and specifies various obligations to provide hard copies of hospital data reports submitted pursuant to these provisions. This bill would additionally require data for total inpatient and outpatient revenues by payer to include commercial coverage payers. The bill would require a hospital subject to these data reporting requirements to submit a balance sheet detailing the assets, liabilities, and net worth at the end of the quarter as specified by the department. The bill would also remove the provisions regarding regulations related to charity care services and obligations to provide hard copies of hospital data reports. This bill would declare that it is to take effect immediately as an urgency statute.
Bill status passed 3 of 5 stages cleared
Introduction
Feb 2023
Committee Review
Jun 2023
Assembly Passage
May 2023
Senate Passage
Governor
Introduced Feb 2, 2023 Last action Jun 14, 2023
Floor votes · Assembly May 31, 2023

How they voted

80–0
Passed
Total votes 80
May 31, 2023
D Democratic62
62 Yea
100% Yea
R Republican18
18 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
20
Key actions
6
Committee
11
Amendments
5
Jun 14, 2023
Committee
Referred to Com. on HEALTH.
upper
May 31, 2023
Lower · Passed
Read third time. Urgency clause adopted. Passed. Ordered to the Senate. (Ayes 80. Noes 0. Page 1976.).
lower
May 18, 2023
Lower · Passed
From committee: Do pass. (Ayes 15. Noes 0.) (May 18).
lower
May 10, 2023
Committee
In committee: Set, first hearing. Referred to APPR. suspense file.
lower
Apr 25, 2023
Committee
Re-referred to Com. on APPR.
lower
Apr 24, 2023
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.
lower
Apr 24, 2023
Committee
Re-referred to Com. on APPR.
lower
Apr 20, 2023
Lower · Passed
Read second time and amended.
lower
Apr 19, 2023
Introduced
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (April 18).
lower
Apr 17, 2023
Committee
Re-referred to Com. on HEALTH.
lower
Apr 12, 2023
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.
lower
Apr 10, 2023
Lower · Passed
In committee: Hearing postponed by committee.
lower
Mar 28, 2023
Lower · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
lower
Mar 14, 2023
Committee
Re-referred to Com. on HEALTH.
lower
Mar 13, 2023
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.
lower
Mar 9, 2023
Committee
Referred to Com. on HEALTH.
lower
Feb 3, 2023
Lower · Passed
From printer. May be heard in committee March 5.
lower
1 primary · 3 co-sponsors

Sponsors