BILL NUMBER: SB 534 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 3, 2013
AMENDED IN SENATE APRIL 9, 2013
INTRODUCED BY Senator Hernandez
FEBRUARY 21, 2013
An act to amend amend, repeal, and add
Sections 1225 and 1275.3 of 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 its powers and duties, including, but not limited to, the
licensure and regulation of primary care clinics and specialty
clinics. 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. The bill would require the department, by July 1, 2017,
to conduct a public hearing and submit a prescribed
report to the appropriate legislative committees. These provisions
would become inoperative on January 1, 2018.
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
facility/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. These provisions would become
inoperative on January 1, 2018.
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, that 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 clinic, as specified in
Sections 494.1 to 494.180, inclusive, of Title 42 of the Code of
Federal Regulations .
(2) A surgical clinic, as defined in subdivision (b) of Section
1204, shall comply with applicable federal
certification standards for an ambulatory surgical clinic
clinic, as specified in Secti ons 416.1 to
416.52, inclusive, of Title 42 of the Code of Federal Regulations
.
(3) A rehabilitation clinic shall comply with applicable
federal certification standards for a comprehensive
outpatient rehabilitation facility facility,
as specified in Sections 485.50 to 485.74, inclusive, of Title 42 of
the Code of Federal Regulations .
(e) The department shall, by July 1, 2017, conduct at least one
public hearing and submit a report to the appropriate legislative
committees that describes the extent to which the federal
certification standards are or are not sufficient as a basis for
state licensing standards. The report shall make recommendations for
any California-specific standards that may be necessary.
(f) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 2. Section 1225 is added to the
Health and Safety Code , to read:
1225. (a) The 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, 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 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 rules and regulations
for primary care clinics shall be separate and distinct from the
rules and regulations for specialty clinics.
(b) All regulations relating to licensed clinics in effect on
December 31, 1977, which were adopted by the department, shall remain
in full force and effect until altered, amended, or repealed by the
director.
(c) This section shall become operative on January 1, 2018.
SEC. 2. 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
facility/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 facility/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 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 disabilities, as specified in
Sections 483.400 to 483.480, inclusive, of Title 42 of the Code of
Federal Regulations, 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.
(e) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 4. Section 1275.3 is added to the
Health and Safety Code , 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
facility/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 facility/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 program plan as part of 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.
(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.
(e) This section shall become operative on January 1, 2018.
SEC. 3. SEC. 5. 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.