SB 534, as introduced, Hernandez. Health and care facilities.
Existing law establishes the State Department of Public Health and sets forth is powers and duties, including, but not limited to, the licensure and regulation of primary care clinics, specialty clinics, home health agencies, and hospice providers. Violation of these provisions is a crime.
This bill would, until the department adopts regulations relating to the provision of services by a chronic dialysis clinic, a surgical clinic, or a rehabilitation clinic, require those clinics to comply with prescribed federal certification standards in effect immediately preceding January 1, 2013. Because a violation of that requirement would be a crime, the bill would impose a state-mandated local program.
Existing law requires the State Department of Public Health and the State Department of Developmental Services to jointly develop and implement licensing regulations appropriate for intermediate care facilities/developmentally disabled-nursing and intermediate care facility/developmentally disabled-continuous nursing.
This bill would, until the departments adopt those regulations, require that the facilities comply with applicable federal certification standards for intermediate care facilities for individuals with intellectual disabilities in effect immediately preceding January 1, 2013.
Existing law authorizes the State Department of Public Health to temporarily suspend the license or special permit of a specialty clinic prior to a hearing if the action is necessary to protect the public health.
This bill would establish similar authority for temporary suspension of a license for a primary care clinic, home health agency and for a provider of hospice services, and would make technical and conforming changes.
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 1225 of the Health and Safety Code is
2amended to read:
begin insert(a)end insertbegin insert end insert The state department shall adopt, and may from
4time to time amend or repeal, in accordance with Chapterbegin delete 4.5end deletebegin insert 3.5end insert
5 (commencing with Sectionbegin delete 11371)end deletebegin insert 11340)end insert of Part 1 of Division 3
6of Title 2 of the
Government Code,begin delete suchend delete
reasonable rules and
7regulations as may be necessary or proper to carry out the purposes
8and intent of this chapter and to enable the state department to
9exercise the powers and perform the duties conferred upon it by
10this chapter, not inconsistent with any of the provisions of any
11statute of this state.begin delete Theend delete
12begin insert(b)end insertbegin insert end insertbegin insertThend insertbegin inserte end insertrules and regulations for primary care clinics shall be
13separate and distinct from the rules and regulations for specialty
14clinics.
15All
end delete
16begin insert(c)end insertbegin insert end insertbegin insertAll end insertregulations relating to licensed clinics in effect on
17December 31, 1977, which were adopted by the state department,
18shall remain in full force and effect until altered, amended, or
19repealed by the director.
20(d) Until the state department adopts regulations relating to
21the provision of services by a chronic dialysis clinic, a surgical
22clinic, or a rehabilitation clinic, the following clinics licensed or
23seeking licensure shall comply with the following federal
P3 1certification standards in effect immediately preceding January
21, 2013:
3(1) A chronic dialysis clinic shall comply with applicable federal
4certification standards for an end stage renal disease clinic.
5(2) A surgical clinic shall comply with applicable federal
6certification standards for an ambulatory surgical clinic.
7(3) A rehabilitation clinic shall comply with applicable federal
8certification standards for a comprehensive outpatient
9rehabilitation facility.
Section 1242 of the Health and Safety Code is amended
11to read:
begin insert(a)end insertbegin insert end insertThe director may temporarily suspend any license
13issued to abegin delete specialtyend delete clinicbegin insert, defined in Section 1204,end insert or special
14permit prior to any hearing, when in hisbegin insert or herend insert opinionbegin delete suchend deletebegin insert
theend insert
15 action is necessary to protect the public welfare. The director shall
16notify the licensee or holder of a special permit of the temporary
17suspension and the effective date thereof, and at the same time
18shall servebegin delete such providerend deletebegin insert the licensee or holder of a special permitend insert
19 with an accusation.begin delete Uponend delete
20begin insert(b)end insertbegin insert end insertbegin insertUponend insertbegin insert end insertreceipt of
a notice of defense by the licensee or holder
21of a special permit, the director shallbegin delete set theend deletebegin insert
request that theend insert matter
22begin insert be setend insert for hearing within 30 days after receipt ofbegin delete suchend deletebegin insert theend insert notice.
23The temporary suspension shall remain in effect untilbegin delete such time the hearing is completed and the director has made a final
24asend delete
25determination on the merits; provided, however, that the temporary
26suspension shall be deemed vacated if the director fails to make a
27final determination on the merits within 60 days after the original
28hearing has been completed.
29If the provisions of
end delete
30begin insert(c)end insertbegin insert end insertbegin insertIfend insert this chapter or the rules or regulations promulgated by the
31director are violated by a licensedbegin delete surgical clinic or chronic dialysisend delete
32 clinic or holder of a special permit which is a group, corporation,
33or other association, the director may suspend the license or special
34permit ofbegin delete suchend deletebegin insert thatend insert
organization or may suspend the license or
35special permit as to any individual person withinbegin delete suchend deletebegin insert theend insert
36 organization who is responsible forbegin delete suchend deletebegin insert theend insert violation.
Section 1275.3 of the Health and Safety Code is
38amended to read:
(a) The State Department of Public Health and the
40State Department of Developmental Services shall jointly develop
P4 1and implement licensing regulations appropriate for intermediate
2care facilities/developmentally disabled-nursing and intermediate
3care facility/developmentally disabled-continuous nursing.
4(b) The regulations adopted pursuant to subdivision (a) shall
5ensure that residents of intermediate care facilities/developmentally
6disabled-nursing and intermediate care facility/developmentally
7disabled-continuous nursing receive appropriate medical and
8nursing services, and developmental program services in a
9normalized, least restrictive physical and programmatic
10environment appropriate to individual resident need.
11In addition, the regulations shall do all of the following:
12(1) Include provisions for the completion of a clinical and
13developmental assessment of placement needs, including medical
14and other needs, and the degree to which they are being met, of
15clients placed in an intermediate care facility/developmentally
16disabled-nursing and intermediate care facility/developmentally
17disabled-continuous nursing and for the monitoring of these needs
18at regular intervals.
19(2) Provide for maximum utilization of generic community
20resources by clients residing in a facility.
21(3) Require the State Department of Developmental Services
22to review and approve an applicant’sbegin insert facilityend insert program
plan asbegin delete part begin insert a prerequisite toend insert
the licensing and certification process.
23ofend delete
24(4) Require that the physician providing the certification that
25placement in the intermediate care facility/developmentally
26disabled-nursing or intermediate care facility/developmentally
27disabled-continuous nursing is needed, consult with the physician
28who was the physician of record at the time the person’s proposed
29placement is being considered by the interdisciplinary team.
30(c) Regulations developed pursuant to this section shall include
31licensing fee schedules appropriate to facilities which will
32encourage their development.
33(c) Until
the departments adopt regulations pursuant to this
34section, relating to services by intermediate care
35facilities/developmentally disabled-nursing, licensed intermediate
36care facilities/developmentally disabled-nursing shall comply with
37applicable federal certification standards for intermediate care
38facilities for individuals with intellectual disabilities in effect
39immediately preceding January 1, 2013.
P5 1(d) Nothing in this section supersedes the authority of the State
2Fire Marshal pursuant to Sections 13113, 13113.5, 13143, and
313143.6 to the extent that these sections are applicable to
4community care facilities.
Section 1735.1 is added to the Health and Safety Code,
6to read:
(a) The director may temporarily suspend any license
8prior to any hearing when, in his or her opinion, the action is
9necessary to protect the public welfare. The director shall notify
10the licensee of the temporary suspension and the effective date
11thereof and, at the same time, shall serve the licensee with an
12accusation.
13(b) Upon receipt of a notice of defense by the licensee the
14director shall, within 15 days, request that the matter be set for
15hearing, which shall be held as soon as possible but not later than
1630 days after receipt of the notice. The temporary suspension shall
17remain in effect until the hearing is completed and the director has
18made a final determination on the merits. However, the temporary
19suspension shall be deemed vacated
if the director fails to make a
20final determination on the merits within 60 days after the original
21hearing has been completed.
22(c) If this chapter, or regulations adopted pursuant to this
23chapter, are violated by a licensee that is a group, corporation, or
24other association, the director may suspend the license of that
25organization or may suspend the license as to any individual or
26person within the organization who is responsible for the violation.
Section 1755.1 is added to the Health and Safety Code,
28to read:
(a) The director may temporarily suspend any license
30prior to any hearing when, in his or her opinion, the action is
31necessary to protect the public welfare. The director shall notify
32the licensee of the temporary suspension and the effective date
33thereof and, at the same time, shall serve the licensee with an
34accusation.
35(b) Upon receipt of a notice of defense by the licensee the
36director shall, within 15 days, request that the matter be set for
37hearing, which shall be held as soon as possible but not later than
3830 days after receipt of the notice. The temporary suspension shall
39remain in effect until the hearing is completed and the director has
40made a final determination on the merits. However, the temporary
P6 1suspension shall be deemed vacated
if the director fails to make a
2final determination on the merits within 60 days after the original
3hearing has been completed.
4(c) If this chapter, or regulations adopted pursuant to this
5chapter, are violated by a licensee that is a group, corporation, or
6other association, the director may suspend the license of that
7organization or may suspend the license as to any individual or
8person within the organization who is responsible for the violation.
No reimbursement is required by this act pursuant to
10Section 6 of Article XIII B of the California Constitution because
11the only costs that may be incurred by a local agency or school
12district will be incurred because this act creates a new crime or
13infraction, eliminates a crime or infraction, or changes the penalty
14for a crime or infraction, within the meaning of Section 17556 of
15the Government Code, or changes the definition of a crime within
16the meaning of Section 6 of Article XIII B of the California
17Constitution.
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