BILL NUMBER: AB 1230	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Logue

                        FEBRUARY 18, 2011

   An act to amend Section 1265 of the Health and Safety Code,
relating to health facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1230, as introduced, Logue. Health facilities: licensing.
   Existing law provides for the licensure and regulation of health
facilities administered by the State Department of Public Health. A
violation of these provisions is a crime.
   Existing law requires any person, political subdivision of the
state, or governmental agency desiring a license for a health
facility, approval for a specified special service, or approval to
manage specified types of licensed health facilities, that has not
filed an application for a license to operate that facility, to file
with the department a verified application on forms prescribed and
furnished by the department, containing specified information.
   This bill would make technical, nonsubstantive changes in those
provisions prescribing the information required to be contained in an
application for licensure.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 1265 of the Health and Safety Code is amended
to read:
   1265.  Any person, political subdivision of the state, or
governmental agency desiring a license for a health facility,
approval for a special service under this chapter, or approval to
manage a health facility currently licensed as a health facility, as
defined in subdivision (a), (b), (c), (d), or (f) of Section 1250,
that has not filed an application for a license to operate that
facility shall file with the department a verified application on
forms prescribed and furnished by the department, containing all of
the following:
   (a) The name of the applicant and, if an individual, whether the
applicant has attained the age of 18 years.
   (b) The type of facility or health facility.
   (c) The location thereof.
   (d) The name of the person in charge thereof.
   (e) Evidence satisfactory to the department that the applicant is
of reputable and responsible character. If the applicant is a firm,
association, organization, partnership, business trust, corporation,
or company, like evidence shall be submitted as to the members or
shareholders thereof, and the person in charge of the health facility
for which application for license is made. If the applicant is a
political subdivision of the state or other governmental agency, like
evidence shall be submitted  as to   regarding
 the person in charge of the health facility for which
application for license is made.
   (f) Evidence  that is  satisfactory to the department of
the ability of the applicant to comply with this chapter and of rules
and regulations promulgated under this chapter by the department.
   (g) Evidence satisfactory to the department that the applicant to
operate a skilled nursing facility or intermediate care facility
possesses financial resources sufficient to operate the facility for
a period of at least 45 days. A management company shall not be
required to submit this information.
   (h) Each applicant for a license to operate a skilled nursing
facility or intermediate care facility shall disclose to the
department evidence of the right to possession of the facility at the
time the application will be granted, which may be satisfied by the
submission of a copy of applicable portions of a lease agreement or
deed of trust. The names and addresses of any persons or
organizations listed as owner of record in the real estate, including
the buildings and the grounds appurtenant to the buildings, shall be
disclosed to the department.
   (i) Any other information as may be required by the department for
the proper administration and enforcement of this chapter.
   (j) Upon submission of an application to the department by an
intermediate care facility/developmentally disabled habilitative or
an intermediate care facility/developmentally disabled-nursing, the
application shall include a statement of need signed by the
chairperson of the area board pursuant to Chapter 4 (commencing with
Section 4570) of Division 4.5 of the Welfare and Institutions Code.
In the event the area board has not provided the statement of need
within 30 days of receipt of the request from the applicant, the
department may process the application for license without the
statement.
   (k) The information required pursuant to this section, other than
individuals' social security numbers, shall be made available to the
public upon request, and shall be included in the department's public
file regarding the facility.
   (l) With respect to a facility licensed as a health facility, as
defined in subdivision (a), (b), or (f) of Section 1250, for purposes
of this section, "manage" means to assume operational control of the
facility.