2011 California Code
Welfare and Institutions Code
DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18996]
ARTICLE 5.226. Medi-Cal Hospital Rate Stabilization Act of 2011
Section 14168.13

(a) The director shall do all of the following:

(1) Promptly submit any state plan amendment or waiver request that may be necessary to implement this article.

(2) Promptly seek federal approvals or waivers as may be necessary to implement this article and to obtain federal financial participation to the maximum extent possible for the payments under this article.

(3) Amend the contracts between the managed health care plans and the department as necessary to incorporate the provisions of Sections 14168.5 and 14168.6 and promptly seek all necessary federal approvals of those amendments. The department shall pursue amendments to the contracts as soon as possible after the effective date of this article and Article 5.227 (commencing with Section 14168.31), and shall not wait for federal approval of this article or Article 5.227 (commencing with Section 14168.31) prior to pursuing amendments to the contracts. The amendments to the contracts shall, among other provisions, set forth an agreement to increase capitation payments to managed health care plans under Section 14168.5 and increase payments to hospitals under Section 14168.6 in a manner that relates back to January 1, 2011, or as soon thereafter as possible, conditioned on obtaining all federal approvals necessary for federal financial participation for the increased capitation payments to the managed health care plans.

(b) In implementing this article, the department may utilize the services of the Medi-Cal fiscal intermediary through a change order to the fiscal intermediary contract to administer this program, consistent with the requirements of Sections 14104.6, 14104.7, 14104.8, and 14104.9. Contracts entered into for purposes of implementing this article or Article 5.227 (commencing with Section 14168.31) shall not be subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code.

(c) This article shall become inoperative if either of the following occurs:

(1) In the event, and on the effective date, of a final judicial determination made by any court of appellate jurisdiction or a final determination by the federal Department of Health and Human Services or the federal Centers for Medicare and Medicaid Services that any element of this article or any provision of Section 14166.115 cannot be implemented.

(2) In the event both of the following conditions exist:

(A) The federal Centers for Medicare and Medicaid Services denies approval for, or does not approve before January 1, 2012, the implementation of Article 5.227 (commencing with Section 14168.31) or this article.

(B) Either or both articles cannot be modified by the department pursuant to subdivision (e) of Section 14168.33 in order to meet the requirements of federal law or to obtain federal approval.

(d) If this article becomes inoperative pursuant to paragraph (1) of subdivision (c) and the determination applies to any period or periods of time prior to the effective date of the determination, the department shall have authority to recoup all payments made pursuant to this article during that period or those periods of time.

(e) In the event any hospital, or any party on behalf of a hospital, shall initiate a case or proceeding in any state or federal court in which the hospital seeks any relief of any sort whatsoever, including, but not limited to, monetary relief, injunctive relief, declaratory relief, or a writ, based in whole or in part on a contention that any or all of this article is unlawful and may not be lawfully implemented, both of the following shall apply:

(1) No payments shall be made to the hospital pursuant to this article until the case or proceeding is finally resolved, including the final disposition of all appeals.

(2) Any amount computed to be payable to the hospital pursuant to this section for a project year shall be withheld by the department and shall be paid to the hospital only after the case or proceeding is finally resolved, including the final disposition of all appeals.

(f) Subject to Section 14168.34, no payment shall be made under this article until all necessary federal approvals for the payment and for the fee provisions in Article 5.227 (commencing with Section 14168.31) have been obtained and the fee has been imposed and collected. Notwithstanding any other provision of law, payments under this article shall be made only to the extent that the fee established in Article 5.227 (commencing with Section 14168.31) is collected and available to cover the nonfederal share of the payments.

(g) A hospital s receipt of payments under this article for services rendered prior to the effective date of this article is conditioned on the hospital s continued participation in Medi-Cal for at least 30 days after the effective date of this article.

(h) All payments made by the department to hospitals, managed health care plans, and mental health plans under this article shall be made only from the following:

(1) The quality assurance fee set forth in Article 5.227 (commencing with Section 14168.31) and due and payable on or before June 30, 2011, along with any interest or other investment income thereon.

(2) Federal reimbursement and any other related federal funds.

(Added by Stats. 2011, Ch. 19, Sec. 7. Effective April 13, 2011. Conditionally inoperative as provided in subd. (c) and in Section 14168.40. Repealed conditionally on June 1, 2011, as prescribed by Section 14168.17. Repealed as of January 1, 2013, pursuant to Section 14168.16, if not repealed earlier. Note: Termination clause in subd. (c) applies to Article 5.226, commencing with Section 14168.1.)