BILL NUMBER: SB 554 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Yee
FEBRUARY 17, 2011
An act to amend Section 1279 of, and to add Section 1280.7 to, the
Health and Safety Code, relating to health facilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 554, as introduced, Yee. Health facilities: nurse-to-patient
ratios.
Existing law provides for the regulation and inspection of health
facilities by the State Department of Public Health. Existing law
requires the department, with regard to general acute care hospitals,
acute psychiatric hospitals, and special hospitals, to adopt
regulations that establish certain minimum nurse-to-patient ratios,
and requires these health facilities to adopt written policies and
procedures for training and orientation of nursing staff. Violation
of these provisions is a misdemeanor.
This bill would specifically include an inspection for compliance
with the nurse-to-patient ratio requirements within an inspection for
compliance with existing regulations. The bill would require an
inspection for compliance with a filed plan of correction for a
hospital notified of a deficiency in compliance with the
nurse-to-patient ratio requirements and would require the imposition
of administrative penalties, as specified. It would require the
notice of deficiency regarding the nurse-to-patient ratio
requirements, as well as an approved plan of correction, to be posted
in the nurses' station or designated nurses' area of the unit of the
health facility where the deficiency occurred.
By creating new crimes, 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1279 of the Health and Safety Code is amended
to read:
1279. (a) Every health facility for which a license or special
permit has been issued shall be periodically inspected by the
department, or by another governmental entity under contract with the
department. The frequency of inspections shall vary, depending upon
the type and complexity of the health facility or special service to
be inspected, unless otherwise specified by state or federal law or
regulation. The inspection shall include participation by the
California Medical Association consistent with the manner in which it
participated in inspections, as provided in Section 1282 prior to
September 15, 1992.
(b) Except as provided in subdivision (c), inspections shall be
conducted no less than once every two years and as often as necessary
to ensure the quality of care being provided.
(c) For a health facility specified in subdivision (a), (b), or
(f) of Section 1250, inspections shall be conducted no less than once
every three years, and as often as necessary to ensure the quality
of care being provided.
(d) During the inspection, the representative or representatives
shall offer such advice and assistance to the health facility as they
deem appropriate.
(e) For acute care hospitals of 100 beds or more, the inspection
team shall include at least a physician, registered nurse, and
persons experienced in hospital administration and sanitary
inspections. During the inspection, the team shall offer advice and
assistance to the hospital as it deems appropriate.
(f) The department shall ensure that a periodic inspection
conducted pursuant to this section is not announced in advance of the
date of inspection. An inspection may be conducted jointly with
inspections by entities specified in Section 1282. However, if the
department conducts an inspection jointly with an entity specified in
Section 1282 that provides notice in advance of the periodic
inspection, the department shall conduct an additional periodic
inspection that is not announced or noticed to the health facility.
(g) Notwithstanding any other provision of law,
the department shall inspect for compliance with provisions
of state law , including, but not limited to
, Section 1276.4, and regulations during a
state periodic inspection or at the same time as a federal periodic
inspection, including, but not limited to, an inspection required
under this section. If a health facility has been notified of a
deficiency in its compliance with Section 1276.4 and the health
facility files a plan of correction , the
department shall also inspect for compliance with this plan of
correction. If the department inspects for compliance with
state law and regulations at the same time as a federal periodic
inspection, the inspection shall be done consistent with the guidance
of the federal Centers for Medicare and Medicaid Services for the
federal portion of the inspection.
(h) The department shall emphasize consistency across the state
and its district offices when conducting licensing and certification
surveys and complaint investigations, including the selection of
state or federal enforcement remedies in accordance with Section
1423. The department may issue federal deficiencies and recommend
federal enforcement actions in those circumstances where they provide
more rigorous enforcement action.
SEC. 2. Section 1280.7 is added to the Health and Safety Code, to
read:
1280.7. (a) If a health facility has been notified of a
deficiency in its compliance with Section 1276.4, the notice of
deficiency, along with an approved plan of correction, shall be
posted in the nurses' station or designated nurses' area of the unit
of the health facility where the deficiency occurred until the
department determines that the health facility has complied with the
approved plan of correction.
(b) (1) Notwithstanding Section 1280.3, the department shall
assess an administrative penalty in the amount of ten thousand
dollars ($10,000) for the fourth and for each subsequent violation of
Section 1276.4 within a continuous six-month period.
(2) Notwithstanding Section 1280.3, and in addition to an
administrative penalty assessed pursuant to paragraph (1), the
department shall also assess an administrative penalty in the amount
of ten thousand dollars ($10,000) for the failure of a health
facility to comply with an approved plan of correction filed with the
department in response to a deficiency in compliance with Section
1276.4.
(c) Moneys collected by the department as a result of
administrative penalties imposed under this section shall be
deposited in the Licensing and Certification Program Fund established
pursuant to Section 1266.9. These moneys shall be tracked and
available for expenditure, upon appropriation by the Legislature, to
support internal departmental quality improvement activities.
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.