BILL NUMBER: AB 2400	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 14, 2008
	PASSED THE ASSEMBLY  AUGUST 18, 2008
	AMENDED IN SENATE  AUGUST 12, 2008
	AMENDED IN SENATE  JULY 1, 2008
	AMENDED IN SENATE  JUNE 11, 2008
	AMENDED IN ASSEMBLY  MAY 5, 2008
	AMENDED IN ASSEMBLY  MARCH 24, 2008

INTRODUCED BY   Assembly Member Price

                        FEBRUARY 21, 2008

   An act to add Section 1255.25 to the Health and Safety Code,
relating to health care.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2400, Price. Hospitals: closure.
   Under existing law, the State Department of Public Health is
responsible for licensing and regulating health facilities, including
hospitals. Existing law, with certain exceptions, requires a
hospital that plans to reduce or eliminate emergency medical services
to notify various entities at least 90 days before it takes that
action.
   This bill would, with a certain exception, require, not less than
30 days prior to closing a general acute care or psychiatric
hospital, eliminating a supplemental service, as defined, or
relocating the provision of a supplemental service to a different
campus, the hospital to provide certain notice regarding the proposed
closure, elimination, or relocation to the public and the applicable
administering department, in accordance with certain procedures.
   Under existing law, violation of the provisions relating to health
facility licensure is a misdemeanor.
   By changing the definition of a crime, this bill would impose a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


   AB 2400, Price. Hospitals: closure.
   Under existing law, the State Department of Public Health is
responsible for licensing and regulating health facilities, including
hospitals. Existing law, with certain exceptions, requires a
hospital that plans to reduce or eliminate emergency medical services
to notify various entities at least 90 days before it takes that
action.
   This bill would, with a certain exception, require, not less than
30 days prior to closing a general acute care or psychiatric
hospital, eliminating a supplemental service, as defined, or
relocating the provision of a supplemental service to a different
campus, the hospital to provide certain notice regarding the proposed
closure, elimination, or relocation to the public and the applicable
administering department, in accordance with certain procedures.
   Under existing law, violation of the provisions relating to health
facility licensure is a misdemeanor.
   By changing the definition of a crime, this bill would impose a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) A hospital is one means for ensuring quality and access to
health care for all Californians.
   (b) While there are other means for health care access, a hospital
remains an essential institution for the entire health care system
in California and for providing quality and affordable care.
   (c) The closure of a hospital presents a severe burden for the
residents of the community served by that hospital.
   (d) The residents should not be deprived of medical attention or
access to affordable health care due to the closure of a hospital.
   (e) The closure of a hospital presents the state with a financial
and health emergency that requires extraordinary measures as a
response.
   (f) Dramatic changes are underway in the delivery of health care,
including numerous proposals to restructure the number and proportion
of health care professionals and workers performing direct patient
care, as well as changes in the level and type of services provided.
   (g) Changes in delivery of care affect the health of the community
and may have profound social consequences. For example, discharge
from a health facility of new mothers within hours of giving birth,
or of surgical patients in a few days or even hours, and treatment of
cardiac, diabetic, and asthmatic patients in the outpatient setting,
all shift the burden of care from the health provider to family and
friends, or to unpaid caregivers who often lack the expertise to care
for patients with complex needs.
   (h) Many of these changes in the delivery of health care are
occurring without public disclosure or discussion. If these changes
were publicly disclosed, affected communities and groups, physicians,
other interested health professionals, and public bodies could
provide input about how best to maintain the safety of patient care
and access to needed care while maximizing cost-effectiveness.
   (i) It is the intent of the Legislature in enacting this act that
those health providers proposing to restructure the delivery of
health care shall disclose to the public the expected impact of the
changes.
  SEC. 2.  Section 1255.25 is added to the Health and Safety Code, to
read:
   1255.25.  (a) (1) Not less than 30 days prior to closing a health
facility, as defined in subdivision (a) or (b) of Section 1250, or
eliminating a supplemental service, as defined in Section 70067 of
Chapter 1 of Division 5 of Title 22 of the California Code of
Regulations, the facility shall provide public notice of the proposed
closure or elimination of the supplemental service, including a
notice posted at the entrance to all affected facilities and a notice
to the department and the board of supervisors of the county in
which the health facility is located.
   (2) Not less than 30 days prior to relocating the provision of
supplemental services to a different campus, a health facility, as
defined in subdivision (a) or (b) of Section 1250, shall provide
public notice of the proposed relocation of supplemental services,
including a notice posted at the entrance to all affected facilities
and notice to the department and the board of supervisors of the
county in which the health facility is located.
   (b) The notice required by paragraph (1) or (2) of subdivision (a)
shall include all of the following:
   (1) A description of the proposed closure, elimination, or
relocation. The description shall be limited to publicly available
data, including the number of beds eliminated, if any, the probable
decrease in the number of personnel, and a summary of any service
that is being eliminated, if applicable.
   (2) A description of the three nearest available comparable
services in the community. If the health facility closing these
services serves Medi-Cal or Medicare patients, this health facility
shall specify if the providers of the nearest available comparable
services serve these patients.
   (3) A telephone number and address for each of the following,
where interested parties may offer comments:
   (A) The health facility.
   (B) The parent entity, if any, or contracted company, if any, that
acts as the corporate administrator of the health facility.
   (C) The chief executive officer.
   (c) Notwithstanding subdivisions (a) and (b), this section shall
not apply to county facilities subject to Section 1442.5.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) A hospital is one means for ensuring quality and access to
health care for all Californians.
   (b) While there are other means for health care access, a hospital
remains an essential institution for the entire health care system
in California and for providing quality and affordable care.
   (c) The closure of a hospital presents a severe burden for the
residents of the community served by that hospital.
   (d) The residents should not be deprived of medical attention or
access to affordable health care due to the closure of a hospital.
   (e) The closure of a hospital presents the state with a financial
and health emergency that requires extraordinary measures as a
response.
   (f) Dramatic changes are underway in the delivery of health care,
including numerous proposals to restructure the number and proportion
of health care professionals and workers performing direct patient
care, as well as changes in the level and type of services provided.
   (g) Changes in delivery of care affect the health of the community
and may have profound social consequences. For example, discharge
from a health facility of new mothers within hours of giving birth,
or of surgical patients in a few days or even hours, and treatment of
cardiac, diabetic, and asthmatic patients in the outpatient setting,
all shift the burden of care from the health provider to family and
friends, or to unpaid caregivers who often lack the expertise to care
for patients with complex needs.
   (h) Many of these changes in the delivery of health care are
occurring without public disclosure or discussion. If these changes
were publicly disclosed, affected communities and groups, physicians,
other interested health professionals, and public bodies could
provide input about how best to maintain the safety of patient care
and access to needed care while maximizing cost-effectiveness.
   (i) It is the intent of the Legislature in enacting this act that
those health providers proposing to restructure the delivery of
health care shall disclose to the public the expected impact of the
changes.
  SEC. 2.  Section 1255.25 is added to the Health and Safety Code, to
read:
   1255.25.  (a) (1) Not less than 30 days prior to closing a health
facility, as defined in subdivision (a) or (b) of Section 1250, or
eliminating a supplemental service, as defined in Section 70067 of
Chapter 1 of Division 5 of Title 22 of the California Code of
Regulations, the facility shall provide public notice of the proposed
closure or elimination of the supplemental service, including a
notice posted at the entrance to all affected facilities and a notice
to the department and the board of supervisors of the county in
which the health facility is located.
   (2) Not less than 30 days prior to relocating the provision of
supplemental services to a different campus, a health facility, as
defined in subdivision (a) or (b) of Section 1250, shall provide
public notice of the proposed relocation of supplemental services,
including a notice posted at the entrance to all affected facilities
and notice to the department and the board of supervisors of the
county in which the health facility is located.
   (b) The notice required by paragraph (1) or (2) of subdivision (a)
shall include all of the following:
   (1) A description of the proposed closure, elimination, or
relocation. The description shall be limited to publicly available
data, including the number of beds eliminated, if any, the probable
decrease in the number of personnel, and a summary of any service
that is being eliminated, if applicable.
   (2) A description of the three nearest available comparable
services in the community. If the health facility closing these
services serves Medi-Cal or Medicare patients, this health facility
shall specify if the providers of the nearest available comparable
services serve these patients.
   (3) A telephone number and address for each of the following,
where interested parties may offer comments:
   (A) The health facility.
   (B) The parent entity, if any, or contracted company, if any, that
acts as the corporate administrator of the health facility.
   (C) The chief executive officer.
   (c) Notwithstanding subdivisions (a) and (b), this section shall
not apply to county facilities subject to Section 1442.5.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.