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California hospitals denied earthquake safety extension
California hospitals won't get extra time to retrofit themselves against earthquakes after Gov. Gavin Newsom vetoed a bill that would have given them some breathing room.
Senate Bill 1432 was approved by lawmakers by unanimous vote in both chambers in August. Newsom announced his veto on September 12.
Under current regulations, hospitals would be forced to close if they did not complete required earthquake safety work by the 2030 deadline under a state law originally drafted after the 1994 Northridge earthquake.
California Governor Gavin Newsom vetoed a bill that would have extended the deadline for hospitals to meet strict earthquake safety requirements.
Bloomberg News
The bill would have given hospitals three years beyond the current 2030 deadline to complete the requirements if they follow a hospital compliance plan, and an additional five-year extension depending on the project.
Jean Emerson Shea, vice president of external affairs for the California Hospital Association, told bond buyers that nearly two-thirds of hospitals in the state would not meet the 2030 deadline, which would require hospitals to operate at full capacity after a major earthquake. June.
“Any extension considered for the 2030 deadline must balance increased risks to patients, hardworking hospital staff, emergency responders, and people living in this community,” Newsom said in his veto letter.
Any extended deadline “should be limited in scope,” he said, and only granted on a case-by-case basis to hospitals that have a clear need and a clear path to compliance, along with strong accountability and enforcement mechanisms.
The 2030 deadline is still a long way off, and that gives lawmakers time to come back with something more in line with conservative thinking, noted Michael Berger, director of Fitch Ratings' U.S. public finance group. He noted that Newsom appears unwilling to sign any broad relief.
In theory a governor's veto can be overridden, but California lawmakers have not overridden a veto in more than four decades.
Fitch rates very few independent or non-investment grade hospitals, Berger said, and those are hospitals that mostly wish they didn't have deep pockets to fulfill mandates.
“For many of our rated borrowers, there is some confidence that they will meet the deadline,” he said. “I also can't imagine the governor wanting to take hospitals that care for patients out of service.”
As for whether they might take on more debt to accelerate progress, Berger said, “That's hard to say.”
“It's definitely an option,” he said. “I can't imagine anyone taking debt out to the gills to meet a deadline, but they would need to show urgency toward compliance. But every borrower is different, and it depends on how well they plan for it.”
California hospitals — like the entire health care industry — have struggled to recover from rising costs caused by the pandemic and a shortage of health care workers.
Fitch's 2023 year-end report on health care said it expects the industry to continue to face headwinds related to the pandemic recovery and worker shortages in 2024.
The industry continues to suffer from labor shortages and salary, wage and benefits pressures that continue to weigh on margins for much of the sector, even as other fundamental credit drivers, namely volumes and overall liquidity, begin to improve, Fitch analysts wrote.
“Technically, the forecast is still deteriorating, but those forecasts are from last year,” Berger said. “We have not revised that. We will do so in November or December. We have seen improvement, but it is too early to say whether the forecast can be revised to stable.”
“We recently released our intermediate report for fiscal year 2023,” Berger said. “Hospitals have shown some improvement operationally, and we're starting to see some signs that they're turning the corner, but they're not completely turning the corner.”
He added that Fitch is witnessing an improvement in the downgrade to upgrade ratios, and we hope that this tracking will continue as the year progresses.
The hospital sector's finances appear, on average, to show signs of some stabilization, according to 2023 Standard & Poor's averages, Municipal Market Analytics said in a June report.
But progress has not been uniform and the sector's overall credit quality is arguably less sustainable as it emerges from the pandemic on a higher-cost footing, a combination of heightened challenges, and deferred capital needs, MMA wrote.
In California, the state approved a rescue program for hospitals that have declared bankruptcy or are struggling financially.
The 2030 earthquake deadline was triggered by the 1994 Northridge earthquake that devastated Los Angeles' San Fernando Valley. This led to more stringent standards for hospitals. By 2030, all hospital buildings in California should be able to remain fully operational after an earthquake.
The veto is “disappointing and puts communities across California at risk of losing access to vital emergency and acute health care services,” Carmella Coyle, CEO of the California Hospital Association, said in a statement provided to Becker's Hospital Review.
She said the bill passed by the legislature provides a practical approach to complying with seismic building standards. “Now, without this change in a 30-year-old law, communities across California have little assurance that hospitals can remain open, workers can keep the jobs they depend on, and patients can continue to access the health care services they need,” she added. “To her.” The statement said.
The California Nurses Association upheld Newsom's veto.
“This is an important victory for nurses and patients across the state,” CNA President Michelle Vu said in a Sept. 13 news release. “Hospitals have had more than three decades to ensure they remain open and fully operational in the event of a major earthquake.”
MMA wrote that it expects the operating environment in the hospital sector to remain challenging in the near to medium term, as providers adjust to historically weaker performance and capital needs, address issues related to changing creditor mixes, and confront persistent labor shortages and higher inflation while facing greater administrative burdens.
“I can't imagine anyone is issuing debt to the gills to meet the deadline, but they will need to show urgency toward compliance,” said Michael Berger, director of Fitch Ratings' US public finance group.
Fitch Ratings
In a report dated August 14, the MMA described the hospital sector as still facing challenges, but improving from where it was in 2023.
“During the full week of August, nine hospitals became idled year-to-date, impacting $1.47 billion in related nominal value. This pace, if it continues through December 31, would make 2024 the second-worst year for hospital idlers in The World But because 2023 may have been the worst year ever for hospital borrowers, this year can only be viewed as an improvement.
The difference in 2024, “most notable is the relative lack of large systems entering the MMA database for covenant violations. The hospital sector is primarily in the overall municipal credit trend toward divergence in credit scores — strong credits outperforming smaller strugglers — with the latter Facing higher costs and less consistent revenues with less financial dilution and/or diversification, it follows that investors should trade hospital credit quality as much as possible to avoid risks from smaller providers.
Among the continuing defaulters was Beverly Hospital in California, which “has now paid, after a series of distributions, 60% of the principal amount owed to bondholders. The final recovery has not yet been determined,” the MMA wrote in a September 18 report.
After filing for bankruptcy in April, Beverly Hospital in Montebello was purchased by Adventist Health in September 2023, according to Whittier News.
“Investing in providers with proactive and experienced management teams adhering to above-average disclosure practices is preferable, given the greater likelihood of sector pressures and uncertainty that could lead to negative headlines, widespread exposure or worse,” the MMA said in May.
Persistent cyberattacks have also been a problem for hospitals as well as federal states, according to an MMA report released in May.
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