BILL NUMBER: SB 534 CHAPTERED
BILL TEXT
CHAPTER 722
FILED WITH SECRETARY OF STATE OCTOBER 10, 2013
APPROVED BY GOVERNOR OCTOBER 10, 2013
PASSED THE SENATE SEPTEMBER 12, 2013
PASSED THE ASSEMBLY SEPTEMBER 12, 2013
AMENDED IN ASSEMBLY SEPTEMBER 4, 2013
AMENDED IN ASSEMBLY JULY 3, 2013
AMENDED IN SENATE APRIL 9, 2013
INTRODUCED BY Senator Hernandez
(Principal coauthor: Assembly Member Cooley)
(Coauthor: Senator Steinberg)
FEBRUARY 21, 2013
An act to amend Section 1267.15 of, and to 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, 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 an intermediate care
facility/developmentally disabled-nursing and an 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.
Existing law provides for the licensure and regulation by the
State Department of Public Health of congregate living health
facilities. Under existing law, a congregate living health facility
is a residential home with a capacity of no more than 12 beds, except
as provided, that provides inpatient care to persons with prescribed
conditions, including persons who have a diagnosis of terminal
illness or who are catastrophically and severely disabled. Existing
law requires that a congregate living health facility be
freestanding, but specifies that this does not preclude its location
on the premises of a hospital.
This bill would authorize the establishment of multiple congregate
living health facilities in one multifloor building if certain
requirements are met, including, among others, that each facility is
separated by a wall, floor, or other permanent partition, and is
located on former McClellan Air Force Base, as specified.
This bill would make legislative findings and declarations as to
the necessity of a special statute for these congregate living
facilities.
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.
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 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 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 department, shall remain
in full force and effect until altered, amended, or repealed by the
director.
(d) Until the 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 federal
certification standards for an end stage renal disease 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 federal certification standards for an
ambulatory surgical clinic, as specified in Sections 416.1 to 416.52,
inclusive, of Title 42 of the Code of Federal Regulations.
(3) A rehabilitation clinic shall comply with federal
certification standards for a comprehensive outpatient rehabilitation
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. 3. Section 1267.15 of the Health and Safety Code is amended
to read:
1267.15. (a) Congregate living health facilities shall be
freestanding, but this does not preclude their location on the
premises of a hospital. Congregate living health facilities shall be
separately licensed.
(b) Notwithstanding subdivision (a), multiple congregate living
health facilities may exist in one multifloor building if all of the
following requirements are satisfied:
(1) Each facility meets other applicable building standards not
related to multiple floors.
(2) Each facility is separated by a wall, floor, or other
permanent partition but may share an elevator, stairs, or stairwell,
and need not be freestanding.
(3) Proposals to develop proximate congregate living health
facilities are supported by the county health department and the
board of supervisors in the county in which the facilities are to be
located.
(4) The congregate living health facilities are proposed for one
of the following locations:
(A) McClellan Air Force Base Building No. 522, located at 3201
James Way, McClellan, California.
(B) McClellan Air Force Base Building No. 523, located at 3207
James Way, McClellan, California.
(C) McClellan Air Force Base Building No. 524, located at 5621
Dudley Blvd., McClellan, California.
(D) McClellan Air Force Base Building No. 525, located at 5327
Dudley Blvd., McClellan, California.
SEC. 4. 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
federal certification standards for intermediate care facilities for
individuals with intellectual 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. 5. 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. 6. The Legislature finds and declares that, with respect to
Section 3 of this act, a special law is necessary and a general law
cannot be made applicable within the meaning of Section 16 of Article
IV of the California Constitution because of the unique
circumstances relating to the need for congregate living health
facilities in and around the County of Sacramento.
SEC. 7. 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.