BILL NUMBER: AB 2404 CHAPTERED 07/05/02 CHAPTER 111 FILED WITH SECRETARY OF STATE JULY 5, 2002 APPROVED BY GOVERNOR JULY 3, 2002 PASSED THE SENATE JUNE 20, 2002 PASSED THE ASSEMBLY MAY 9, 2002 AMENDED IN ASSEMBLY APRIL 9, 2002 INTRODUCED BY Assembly Member Reyes (Coauthors: Assembly Members Cedillo, Cohn, Salinas, Washington, and Zettel) (Coauthors: Senators Bowen and Ortiz) FEBRUARY 21, 2002 An act to amend Sections 1765.125 and 1765.150 of the Health and Safety Code, relating to health care. LEGISLATIVE COUNSEL'S DIGEST AB 2404, Reyes. Mobile health care units. Existing law establishes the Mobile Health Care Services Act that regulates the licensure to operate a mobile unit, as defined, as an adjunct to a licensed parent health facility or clinic, an independent-freestanding clinic, or another type of approved mobile unit. These provisions are administered by the State Department of Health Services. Existing law requires an applicant to submit an application that states, among other things, the proposed area or areas where the mobile unit will be providing services. This bill would prohibit the department from requiring, after the initial licensure, or the initial approval of the addition to existing licensure of a parent facility, to operate a mobile service unit, that each site where the mobile unit operates be licensed or approved by the department unless the mobile unit will be operating outside of the proposed area or areas specified in the application as required under the above provisions. Existing law requires that proposed modifications to previously approved mobile unit services, procedures, and sites be reviewed and approved by the department. Existing law requires that site changes also be reported by the licensee to local authorities, as appropriate, and requires that the licensed parent facility or clinic be responsible for obtaining approvals for the site of the mobile unit from local planning, zoning, and fire authorities, as required. This bill would provide instead, with regard to mobile unit sites, that a mobile unit shall not operate at any site, unless the site has been reported by the licensee to the department at least 15 days before the mobile unit's first visit to the site. The bill would provide that prior to the operation of a mobile unit at any site for the first time, the licensee shall report the site to local authorities for purposes of obtaining approvals as provided under the above provisions. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) Mobile health care units serve a vital role in providing health care to rural communities. (b) The patients who benefit from services provided by mobile health care units typically face tremendous barriers in accessing health care, such as lack of transportation, language, fear, and loss of wages. (c) Mobile health care units together with telemedicine help to address many of the barriers to accessing health care. (d) It should be the goal of the Legislature to provide the valuable services of mobile health care units to as many people as need those services. SEC. 2. Section 1765.125 of the Health and Safety Code is amended to read: 1765.125. (a) Except as provided in subdivision (b), no person, political subdivision of the state, or governmental agency shall operate a mobile service unit without first obtaining a license or an addition to existing licensure under this chapter unless exempt from licensure under Section 1206. (b) Any person, political subdivision of the state, or governmental agency, that was operating a mobile unit as of January 1, 1994, may continue to operate the mobile unit only under the following conditions: (1) The person, political subdivision of the state, or governmental agency shall apply to the state department for a mobile unit license, or an addition to existing licensure, via a request for licensure under this chapter by March 1, 1994. (2) The person, political subdivision of the state, or governmental agency shall cease operating the mobile unit upon a final decision of the state department denying the application for licensure or addition to licensure under this chapter. (c) Notwithstanding any other provision of this chapter, after the initial licensure, or the initial approval of the addition to existing licensure of a parent facility, to operate a mobile service unit, the department shall not require that each site where the mobile unit operates be licensed or approved by the department unless the mobile unit will be operating outside of the proposed area or areas specified in the application pursuant to paragraph (4) of subdivision (b) of Section 1765.130. SEC. 3. Section 1765.150 of the Health and Safety Code is amended to read: 1765.150. (a) The mobile unit shall be of sufficient size and shall be arranged in a manner that is appropriate for the provision of those health care services that it is licensed to provide. (b) The mobile unit shall be equipped with appropriate utilities for the comfort and safety of patients. The Office of Statewide Health Planning and Development shall review and approve hospital-provided utility connections for mobile units that require utility hookups with general acute care hospitals. (c) The mobile unit shall be maintained in good repair and in a clean and sanitary manner. (d) All proposed modifications to previously approved services and procedures shall be reviewed and approved by the state department before they are implemented. Modifications to the mobile service unit shall be approved by the Department of Housing and Community Development pursuant to Section 18029. (e) A mobile unit shall not operate at any site unless the site has been reported by the licensee to the department at least 15 days before the mobile unit's first visit to the site. Prior to the operation of a mobile unit at any site for the first time, the licensee shall report the site to local authorities for purposes of obtaining any approval required pursuant to Section 1765.155.