BILL NUMBER: SB 534 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Hernandez
FEBRUARY 21, 2013
An act to amend Sections 1225, 1242, and 1275.3 of, and to add
Sections 1735.1 and 1755.1 to, the Health and Safety Code, relating
to health and care facilities.
LEGISLATIVE COUNSEL'S DIGEST
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 1. Section 1225 of the Health and Safety Code is amended
to read:
1225. (a) The state department shall adopt,
and may from time to time amend or repeal, in accordance with
Chapter 4.5 3.5 (commencing with
Section 11371) 11340) of Part 1 of
Division 3 of Title 2 of the Government Code, such
reasonable rules and regulations as may be necessary or proper to
carry out the purposes and intent of this chapter and to enable the
state department to exercise the powers and perform the duties
conferred upon it by this chapter, not inconsistent with any of the
provisions of any statute of this state. The
(b) Th e rules and
regulations for primary care clinics shall be separate and distinct
from the rules and regulations for specialty clinics.
All
(c) All regulations relating to
licensed clinics in effect on December 31, 1977, which were adopted
by the state department, shall remain in full force and effect until
altered, amended, or repealed by the director.
(d) Until the state department adopts regulations relating to the
provision of services by a chronic dialysis clinic, a surgical
clinic, or a rehabilitation clinic, the following clinics licensed or
seeking licensure shall comply with the following federal
certification standards in effect immediately preceding January 1,
2013:
(1) A chronic dialysis clinic shall comply with applicable federal
certification standards for an end stage renal disease clinic.
(2) A surgical clinic shall comply with applicable federal
certification standards for an ambulatory surgical clinic.
(3) A rehabilitation clinic shall comply with applicable federal
certification standards for a comprehensive outpatient rehabilitation
facility.
SEC. 2. Section 1242 of the Health and Safety Code is amended to
read:
1242. (a) The director may temporarily
suspend any license issued to a specialty clinic
, defined in Section 1204, or special permit prior to any
hearing, when in his or her opinion such
the action is necessary to protect the public
welfare. The director shall notify the licensee or holder of a
special permit of the temporary suspension and the effective date
thereof, and at the same time shall serve such provider
the licensee or holder of a special permit with
an accusation. Upon
(b) Upon receipt of a
notice of defense by the licensee or holder of a special permit, the
director shall set the request that the
matter be set for hearing within 30 days after receipt of
such the notice. The temporary
suspension shall remain in effect until such time as
the hearing is completed and the director has made a final
determination on the merits; provided, however, that the temporary
suspension shall be deemed vacated if the director fails to make a
final determination on the merits within 60 days after the original
hearing has been completed.
If the provisions of
(c) If this chapter or the rules
or regulations promulgated by the director are violated by a licensed
surgical clinic or chronic dialysis clinic or
holder of a special permit which is a group, corporation, or other
association, the director may suspend the license or special permit
of such that organization or may
suspend the license or special permit as to any individual person
within such the organization who is
responsible for such the violation.
SEC. 3. Section 1275.3 of the Health and Safety Code is amended to
read:
1275.3. (a) The State Department of Public Health and the State
Department of Developmental Services shall jointly develop and
implement licensing regulations appropriate for intermediate care
facilities/developmentally disabled-nursing and intermediate care
facility/developmentally disabled-continuous nursing.
(b) The regulations adopted pursuant to subdivision (a) shall
ensure that residents of intermediate care facilities/developmentally
disabled-nursing and intermediate care facility/developmentally
disabled-continuous nursing receive appropriate medical and nursing
services, and developmental program services in a normalized, least
restrictive physical and programmatic environment appropriate to
individual resident need.
In addition, the regulations shall do all of the following:
(1) Include provisions for the completion of a clinical and
developmental assessment of placement needs, including medical and
other needs, and the degree to which they are being met, of clients
placed in an intermediate care facility/developmentally
disabled-nursing and intermediate care facility/developmentally
disabled-continuous nursing and for the monitoring of these needs at
regular intervals.
(2) Provide for maximum utilization of generic community resources
by clients residing in a facility.
(3) Require the State Department of Developmental Services to
review and approve an applicant's facility program plan as
part of a prerequisite to the
licensing and certification process.
(4) Require that the physician providing the certification that
placement in the intermediate care facility/developmentally
disabled-nursing or intermediate care facility/developmentally
disabled-continuous nursing is needed, consult with the physician who
was the physician of record at the time the person's proposed
placement is being considered by the interdisciplinary team.
(c) Regulations developed pursuant to this section shall include
licensing fee schedules appropriate to facilities which will
encourage their development.
(c) Until the departments adopt regulations pursuant to this
section, relating to services by intermediate care
facilities/developmentally disabled-nursing, licensed intermediate
care facilities/developmentally disabled-nursing shall comply with
applicable federal certification standards for intermediate care
facilities for individuals with intellectual disabilities in effect
immediately preceding January 1, 2013.
(d) Nothing in this section supersedes the authority of the State
Fire Marshal pursuant to Sections 13113, 13113.5, 13143, and 13143.6
to the extent that these sections are applicable to community care
facilities.
SEC. 4. Section 1735.1 is added to the Health and Safety Code, to
read:
1735.1. (a) The director may temporarily suspend any license
prior to any hearing when, in his or her opinion, the action is
necessary to protect the public welfare. The director shall notify
the licensee of the temporary suspension and the effective date
thereof and, at the same time, shall serve the licensee with an
accusation.
(b) Upon receipt of a notice of defense by the licensee the
director shall, within 15 days, request that the matter be set for
hearing, which shall be held as soon as possible but not later than
30 days after receipt of the notice. The temporary suspension shall
remain in effect until the hearing is completed and the director has
made a final determination on the merits. However, the temporary
suspension shall be deemed vacated if the director fails to make a
final determination on the merits within 60 days after the original
hearing has been completed.
(c) If this chapter, or regulations adopted pursuant to this
chapter, are violated by a licensee that is a group, corporation, or
other association, the director may suspend the license of that
organization or may suspend the license as to any individual or
person within the organization who is responsible for the violation.
SEC. 5. Section 1755.1 is added to the Health and Safety Code, to
read:
1755.1. (a) The director may temporarily suspend any license
prior to any hearing when, in his or her opinion, the action is
necessary to protect the public welfare. The director shall notify
the licensee of the temporary suspension and the effective date
thereof and, at the same time, shall serve the licensee with an
accusation.
(b) Upon receipt of a notice of defense by the licensee the
director shall, within 15 days, request that the matter be set for
hearing, which shall be held as soon as possible but not later than
30 days after receipt of the notice. The temporary suspension shall
remain in effect until the hearing is completed and the director has
made a final determination on the merits. However, the temporary
suspension shall be deemed vacated if the director fails to make a
final determination on the merits within 60 days after the original
hearing has been completed.
(c) If this chapter, or regulations adopted pursuant to this
chapter, are violated by a licensee that is a group, corporation, or
other association, the director may suspend the license of that
organization or may suspend the license as to any individual or
person within the organization who is responsible for the violation.
SEC. 6. 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.