BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 534|
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THIRD READING
Bill No: SB 534
Author: Hernandez (D)
Amended: 4/9/13
Vote: 21
SENATE HEALTH COMMITTEE : 8-0, 4/17/13
AYES: Hernandez, Anderson, Beall, De Le�n, DeSaulnier, Monning,
Nielsen, Wolk
NO VOTE RECORDED: Pavley
SENATE HUMAN SERVICES COMMITTEE : 6-0, 4/23/13
AYES: Yee, Berryhill, Emmerson, Evans, Liu, Wright
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Health and care facilities
SOURCE : Department of Public Health
DIGEST : This bill requires the Department of Public Health
(DPH) and the Department of Developmental Services (DDS) to
adopt regulations for Intermediate Care Facilities for the
Developmentally Disabled (ICF/DD) to comply with applicable
federal certification standards; and requires chronic dialysis
clinics, surgical clinics, and rehabilitation clinics to comply
with federal standards until DPH adopts regulations for those
facilities.
ANALYSIS : Existing law:
CONTINUED
SB 534
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1.Requires DPH to license and regulate various types of clinics
and facilities, including intermediate care
facilities/developmentally disabled-nursing (ICF/DD-N).
2.Requires DPH to adopt reasonable rules and regulations to
carry out the purposes of provisions of law governing the
various types of clinics licensed by DPH.
3.Requires DPH to propose licensing fees for all of its clinics
and facilities at a level that will not require General Funds
to support its activities unless otherwise specified in
statute.
4.Requires DPH and DDS to jointly develop and implement
licensing regulations appropriate for ICF/DD-N and
intermediate care facility for the developmentally
disabled-continuous nursing (ICF/DD-CN).
This bill:
1.Requires that ICF/DD-N to comply with applicable federal
certification standards for intermediate care facilities for
individuals with intellectual disabilities in effect
immediately preceding January 1, 2013, until DPH and DDS
jointly develop licensing regulations.
2.Deletes a requirement that regulations developed by DPH and
DDS pertaining to ICF/DD-Ns and ICF/DD-CNs include licensing
fee schedules appropriate to facilities which will encourage
their development.
3.Requires DDS to review and approve an applicant's facility
program plan as a prerequisite to the licensing and
certification process, rather than as a part of the process.
4.Requires, until DPH adopts regulations relating to the
provision of services by a chronic dialysis clinic, surgical
clinic or a rehabilitation clinic, for those clinics to comply
with federal certification standards, as defined, in effect
immediately preceding January 1, 2013:
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SB 534
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SUPPORT : (Verified 5/7/13)
Department of Public Health (source)
ARGUMENTS IN SUPPORT : DPH, the bill's sponsor, states that
this language is necessary to enable it to adopt existing
federal regulatory standards as the state licensing standards
for chronic dialysis clinics, rehabilitation clinics, surgical
clinics, and ICF/DD-Ns. DPH states that it functions as the
regulatory agency for approximately 30 different types of health
care facilities and clinics. While federal standards for these
facilities exist, DPH lacks the statutory authority to enforce
them. In the absence of such authority, DPH states that it may
only recommend action by the federal Centers for Medicare and
Medicaid Services to stop Medicare/Medicaid program funding if
the health care facility is out of compliance.
JL:nl 5/8/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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