With the August 31 deadline looming, legislators remain focused on completing pending legislative actions. Lawmakers will now be focused on passing bills and concurring in amendments. This period of time is characterized by daily late-night sessions with legislators sitting through debate on pieces of legislation, while lobbyists and special interests work feverishly to influence lawmakers to support or oppose their items of great importance. Adjournment will depend on how quickly legislators can work through the hundreds of remaining bills awaiting final action…

This time is also fraught with mischief and chicanery by legislators who try to sneak through bills during the din of night in hopes of catching votes from fatigued lawmakers who may not give much attention to these bills. A common practice seen during these times is the infamous “gut and amend,” an exercise in which a legislator takes a bill that has already failed, removes the existing language, and amends in new language in hopes of moving the bill to late victory. It’s a frantic and chaotic time in the Capitol as authors try passionately and fervently to garner support for their bills in order to successfully get them passed and, hopefully, signed by the governor. 

As is always the case, hospitals have a number of high priority key bills that need attention and cannot fall prey to process and fatigue:

SB 1094 – Oppose (Senator Ricardo Lara, D-South Gate), the highest priority for CHA to defeat. This measure would eliminate all certainty in transactions involving the sale or transfer of nonprofit hospitals. Our proposed amendments address many of the issues raised by supporters related to disclosure, notice and enforcement have been rejected. SB 1094 failed passage by the full Assembly on Aug.18. The bill was then amended on Aug. 21 with sponsor amendments to require the Attorney General to provide a 30-day notice before unilaterally changing the terms of the consent agreement. The amendments do not address our concerns.

SB 455 – Oppose (Senator Ed Hernandez, D-West Covina), would require CDPH to adopt and amend regulations to require every general acute care hospital to establish and maintain a patient classification system; would also require the direct patient care members of the patient classification system review committee to be appointed by the collective bargaining agent if the hospital’s employees are represented by one. In addition, the bill would require CDPH to periodically inspect every licensed health facility for compliance with nurse-to-patient ratios. SB 455 passed the full Assembly Aug. 19.

AB 2616 – Oppose (Assemblywoman Nancy Skinner, D-Oakland), would establish a presumption in the workers’ compensation system for public and private hospital employees who provide direct patient care. This presumption would relieve the vast majority of hospital employees from having to demonstrate that a methicillin-resistant Staphylococcus aureus (MRSA) infection was caused by the employment relationship, when any part of the condition develops or manifests itself while the person is employed by the hospital or for a specified period after employment ends. AB 2616 passed the full Senate Aug. 20.

Help hospitals fight these onerous measures that seek to increase the costs of care and severely limit access to health care services. Call, write, or email your state legislator and ask them to vote NO on these bills. Your assistance will help hospitals avoid costly mandates to allow these facilities to continue to provide the vital and necessary services needed in their communities.