HomeMy WebLinkAboutMINUTES - 04071992 - 1.83 I/
x3
TO: BOARD OF SUPERVISORS .F L
Contra
FROM: Phil Batchelor, County Administrator t �'
Costa
o:.
� . : :::•-- :q Count
DATE: March 31, 1992
SUBJECT: LEGISLATION: AB 2645 (Jones)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Adopt a position in SUPPORT of AB 2645 by Assemblyman Bill Jones
which is sponsored by CSAC and is available to implement any
suspension of the "Beilenson Act" hearing requirements which may be
agreed on by the Legislature. In addition, seek amendments to AB
2645 which would have the effect of repealing or substantially
modifying Health & Safety Code Section 1442 . 5 (c) which requires
that "the quality of the treatment received by people who cannot
afford to pay for their health care shall be the same as that
available to nonindigent people receiving health care services in
private facilities in that county" .
BACKGROUND:
One of the items in the Board of Supervisors ' 1992 Legislative
Program is an effort to suspend the . "Beilenson Act" (Health &
Safety Code Section 1442 .5) hearing requirements which require
extensive and burdensome notice requirements and public hearings to
be followed before a decision closing a county health facility,
eliminating or reducing the level of services or prior to leasing,
selling or transferring the management of a health facility can be
made. The board of supervisors must also determine from the
hearing record whether their proposed action will or will not have
a detrimental impact on the health care needs of the indigents of
the county.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES:
ACTION OF BOARD ON pry'01 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. Q
CC: County Administrator ATTESTED �i�ll/L(.( /_/ CZ
Health Services Director PHIL BATCHELOR,CLERK OF THE BOARD OF
County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR
Steve Swendiman, Executive Director, CSAC
Les Spahnn, SRJ. Jackson, Barish & Associates Q.
M382 (10/88) BY (/ DEPUTY
-2-
In 1990, the Legislature suspended the provisions of Health &
Safety Code Section 1442 .5 for a brief period of time following the
adoption of the State Budget, which included hundreds of millions
of dollars in health care cuts to counties . It appears
increasingly likely that similar reductions may have to be made in
1992 in order to balance the State Budget. If this is the case, it
appears only appropriate to again suspend these onerous
requirements which accomplish little but delaying the inevitable
reductions in services . As an alternative, it has been suggested
that the Legislature allow a county to substitute a more rational
public notice and hearing requirement which assists in clarifying
for the community and the board of supervisors the extent and
impact of the reductions which are proposed, without having to go
through all of the extensive and technically exacting posting
requirements which are required by the Beilenson Act.
In addition, the County Counsel 's Office has recommended that the
Board seek to have Health & Safety Code Section 1442 .5 (c) repealed
or substantially modified. As it reads now - as quoted above in
relevant part - it opens a county to extended litigation about the
quality of treatment provided to indigents . This type of
litigation over what is clearly a very subjective conclusion
(whether the quality of treatment is the same as that provided to
patients in the private sector) is not helpful in maintaining
services to indigents and simply provides more opportunities to
press litigation on the county.
In view of the deteriorating situation with the State Budget it is
recommended that the Board of Supervisors support AB 2645 and
further seek amendments which would repeal or substantially modify
the requirements of Health & Safety Code Section 1442 .5 (c) .