CHA Urges Stronger Oversight of Health Plan Downcoding Practices

What’s happening: CHA has submitted comments to the Department of Managed Health Care (DMHC) on a draft All Plan Letter with proposed guidance aimed at increasing oversight and transparency of health plan downcoding practices.  

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Key Messages: Reforms Needed as Staffing Ratios Reduce Psychiatric Bed Capacity

Recent regulations that established new staffing requirements for inpatient psychiatric hospitals have made it harder for Californians experiencing a mental health crisis to get the care they need.

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Infographic: How Inpatient Psychiatric Care Works

Behavioral Health Infographic

OHCA Vote Will Decrease Access to Care, Not Increase Affordability

Today, California’s Office of Health Care Affordability (OHCA) took another step toward diminishing access to health care for millions of Californians. In a unanimous vote, the board approved levying astronomical financial penalties on hospitals it deems noncompliant with spending caps imposed by the state. These penalties were set without first clarifying how spending will be determined to meet or exceed those targets.  

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Issue Brief: Californians in Mental Health Crisis Deserve to Get the Care They Need

The Issue

Recent regulations that established new staffing requirements for inpatient psychiatric hospitals have made it harder for Californians in mental health crisis to get care. Prior to the regulations that took effect on June 1, 2026, there was already a shortage of about 2,000 inpatient psychiatric beds for adults and 1,800 for children and adolescents. That’s because long-standing Medicaid funding restrictions and low reimbursement rates have stalled the growth of psychiatric inpatient care to keep up with demand.

Access difficulties aren’t due to hospitals not doing their part: in fact, they are making progress to hire hundreds of newly licensed nurses to comply with the new regulations. But nurses are reporting significant dissatisfaction with tasks previously handled by other positions and are leaving quickly. This turnover is making the target challenging to attain.

For people in crisis, bed closures mean traveling much farther for care, away from families and support systems. Patients also experience prolonged waits in crowded emergency departments. This can limit or delay access for others who need care for heart attacks, injuries, and more.

What’s Needed

Three commonsense, targeted adjustments to the regulations, along with additional funding, can protect access for those in need while maintaining safe, high-quality care.

The state should fulfill the requirements of 2024’s Proposition 35 by allocating Behavioral Health Facility Throughput – Managed Care Organization funds to ensure adequate payment rates are provided for Medi-Cal inpatient psychiatric services. With $600 million available, the Department of Health Care Services should allocate at least $275 million to Medi-Cal inpatient psychiatric services.

Additionally, the following adjustments to the new regulations would help protect access to vital services:

  • Implementing a differential staffing ratio overnight, since patients in psychiatric hospitals don’t require the same nursing care as patients in general hospitals and are always monitored.
  • Allowing nurses who are on break to still be counted in the ratios as long as there is appropriate coverage for patients. This would recognize that patients who are participating in therapy sessions, recreational activities, family visits, and doctor visits are in a safe, monitored environment.
  • Allowing flexibility on the types of professionals who are counted in the staffing ratios. The new regulations allow only licensed nurses to be included in the staff-to-patient ratio, but acute psychiatric hospitals focus on restoring the emotional well-being of patients. This treatment is typically — and appropriately — performed by an entire team of health professionals, including mental health technicians, psychologists, psychiatrists, occupational and recreational therapists, and others.

Aug. 26 Is Best Chance to Urge OHCA to Revise Penalty Structure

What’s happening: The Office of Health Care Affordability (OHCA) board meets next week, with votes agendized on the scope, range, and justification factors for both spending target penalties and procedural penalties. Hospitals must push back on the unprecedented penalties OHCA has proposed; see CHA’s alert for guidance and resources. 

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Tomorrow Marks Deadline to Apply for EHR Modernization Grant

What’s happening: Applications for the California Rural Health Transformation (CalRHT) Program’s Electronic Health Record (EHR) Modernization grant will close on Aug. 21 at 3 p.m. (PT).

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Hospitals Should Review Preliminary FFY 2028 Wage Index and Occupational Mix Data by Sept. 1

What’s happening: CHA DataSuite has issued a hospital-specific analysis of the Medicare hospital federal fiscal year (FFY) 2028 wage index and occupational mix data.  

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CHA Joins Coalition Commenting on Modifications to PAGA Regulations

What’s happening: CHA joined a CalChamber-led coalition in submitting comments on the California Labor Workforce Development Agency’s modifications to the proposed Private Attorneys General Act (PAGA) regulations. 

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OPPS, Home Health Analyses Available

What’s happening: CHA DataSuite has released hospital-specific analyses of the calendar year (CY) 2027 CY outpatient prospective payment system (OPPS) proposed rule and the Medicare home health prospective payment system proposed rule. 

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