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  HEALTH CARE REFORM
SB 840 (Kuehl): The California Universal Healthcare Act
A viable and affordable solution for the health care crisis

In-Depth Questions and Answers

Governance of the system

1.     How would the health care system be governed?

SB 840 provides for a Universal Healthcare Commissioner, who is appointed by the governor and approved by the senate. The commissioner establishes the California Universal Healthcare System and the California Universal Healthcare Agency that is designated as the single state agency with full power to administer every phase of the health care system.

The commissioner has broad powers that include but are not limited to, establishing the system’s budget, goals, standards and priorities; hiring, firing and fixing compensation of agency personnel; determining the scope of provided services and setting their rates of reimbursement; making allocations and reallocations to health planning regions and any and all matters related to the implementation of the health care system.

The commissioner establishes and oversees the Universal Healthcare Policy Board comprised of the deputy commissioner, chief medical officer and other agency health officers and directors who oversee the agency boards and offices. These include the Universal Healthcare Fund, Office of Patient Advocacy, Office of Health Planning, Office of Quality Health Care, Partnerships for Health, Payments Board, Public Advisory Committee and State Office of Public Health. The policy board works with the commissioner to establish system goals and priorities that include research and capitol investment priorities.

The commissioner establishes an Inspector General’s office within the Attorney General’s office. The inspector general has broad powers to investigate and audit financial and business records of those providing services and products and receiving reimbursement from the Universal Healthcare Fund.

The commissioner establishes an accessible process to receive resident’s concerns, opinions, ideas and recommendations regarding all aspects of the system.

The commissioner appoints a transition advisory group that will make recommendations to the commissioner, governor and legislature on how to integrate health care delivery services and responsibilities into applicable state departments and agencies. The advisory group will make recommendations to the commissioner relative to how the system should be regionalized to provide local and community-based planning for delivery of high quality cost-effective care and efficient service delivery.

The commissioner appoints regional directors for up to 10 Health Care Regions that are comprised of contiguous counties. Regional directors will administer the regions with respect to differences in cost-of-living, population and facilities and provider needs. The regional directors will appoint regional medical officers and planning boards. Regional health boards will allow for residents to participate in health planning.

How would the system be funded?

SB 840 provides that the California Universal Healthcare System replace private and employer-based insurance with new revenues and transfer government funding for Medicare, Medi-Cal, Healthy Families, and other government programs into the Universal Healthcare Fund. The new state revenues will replace what businesses and individuals now pay to HMOs, insurance companies and other providers. These revenues will provide for comprehensive health coverage based on a single standard of care for all residents. This is greater coverage than most private insurance and government programs now provide.

SB 840 provides for a California Universal Healthcare Premium Commission to develop an equitable and affordable premium structure for all income earners and employers within specified guidelines. The commission must satisfy criteria that maintain the current system’s ratio for aggregate health care contributions from employers, individuals, state and local governments and other sources.

The premium commission will be comprised of health economists, legislators, stakeholder representatives, relevant state department officers, legislative analyst, controller, treasurer, and lieutenant governor. The commission is required to present a premium structure to the legislature and governor within two years after the enactment of SB 840.

2.     Would the new system be accountable and transparent?

SB 840 establishes conflict-of-interest rules for the commissioner and system officers, who also are subject to impeachment for malfeasance in office.

SB 840 provides that the commissioner establish an accessible process to receive concerns, opinions, ideas, and recommendations regarding all aspects of the health care system from all residents. State and regional health planning board meetings are open to the public, and the public has access to all but privacy-protected documents.

The Office of Patient Advocacy protects the interests of patients. The patient advocate establishes and maintains the grievance process, helps residents secure the health care services and benefits to which they are entitled, represents the interests of consumers in governing entities of the health care system and establishes a toll-free telephone number to receive complaints regarding the agency and its services.

SB 840 also provides for an Internet web site to furnish information about public meetings, information that supports choice of provider and facilities, and activities for Partnerships in Health.

3.     Could the commissioner close a hospital over the objections of the community?

A hospital could be closed if providers and patients choose not to use it or if the hospital fails accreditation under California law. The commissioner could hold back funds if a hospital fails to meet care quality standards.

4.     Who determines what medical benefits would be provided under the new system?

SB 840 provides for affordable and comprehensive benefits with a single standard of care for every resident. The Chief Medical Officer identifies safe and effective treatments, evaluates existing benefit packages, seeks feedback from health care providers about needed benefits, receives feedback from patients or through the Office of Patient Advocacy, and identifies complementary and alternative modalities that have been shown to be safe and effective. After evaluation, the Chief Medical Officer recommends a benefits package based on clinical efficacy to the commissioner. The commissioner has the final approval of the benefits package.

5.     Who determines compensation for physicians and other providers?

The Payments Board determines compensation through negotiations with representatives of physicians and other providers. The board is composed of designated representatives of the commissioner, the Universal Healthcare Fund and regional planning directors as well as experts in health care finance and insurance systems.

SB 840 provides for actuarially sound payments that include just and fair compensation for physicians and other providers in the fee-for-service sector and for providers working in health systems where comprehensive and coordinated services are provided to residents.

Payment schedules remain in effect for three years, but adjustments can be made at the discretion of the Payments Board. Bonus payments are made for meeting performance standards and outcome goals.

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