Amended in Senate April 9, 2013

Senate Bill No. 534

Introduced by Senator Hernandez

February 21, 2013

An act to amend Sections 1225 begin delete , 1242, end delete and 1275.3 of begin delete , and to add end delete begin delete Sections 1735.1 and 1755.1 to, end delete the Health and Safety Code, relating to health and care facilities.

LEGISLATIVE COUNSEL’S DIGEST

SB 534, as amended, Hernandez. Health and care facilities.

Existing law establishes the State Department of Public Health and sets forth begin delete is end delete begin insert its end insert powers and duties, including, but not limited to, the licensure and regulation of primary care clinics begin delete , end delete begin insert and end insert specialty clinics begin delete , home health agencies, and hospice providers end delete . 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 begin delete facilities/developmentally end delete begin insert facility/developmentally end insert 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.

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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.

end delete begin delete

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.

end delete

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 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code, 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.

(b) The rules and regulations for primary care clinics shall be
separate and distinct from the rules and regulations for specialty
clinics.

(c) All regulations relating to licensed clinics in effect on
December 31, 1977, begin delete which end delete begin insert that end insert 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 begin insert , as defined in subdivision (b) of Section
1204, end insert 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.

begin delete

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 clinic, defined in Section 1204, or special permit 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
or holder of a special permit of the temporary suspension and the
effective date thereof, and at the same time shall serve the licensee
or holder of a special permit with an accusation.

(b) Upon receipt of a notice of defense by the licensee or holder
of a special permit, the director shall request that the matter be set
for hearing within 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;
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.

(c) If this chapter or the rules or regulations promulgated by the
director are violated by a licensed 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 that
organization or may suspend the license or special permit as to
any individual person within the organization who is responsible
for the violation.

end delete

begin delete SEC. 3. end delete
begin insert SEC. 2. end insert   

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 begin delete facilities/developmentally end delete begin insert facility/developmentally end insert
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 begin delete facilities/developmentally end delete
begin insert facility/developmentally end insert 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 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) 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.

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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.

end delete

begin delete SEC. 6. end delete
begin insert SEC. 3. end insert   

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.