BILL ANALYSIS Ó
SENATE COMMITTEE ON HEALTH
Senator Ed Hernandez, O.D., Chair
BILL NO: SB 816
AUTHOR: Committee on Health
INTRODUCED: March 11, 2013
HEARING DATE: April 17, 2013
CONSULTANT: Robinson-Taylor
SUBJECT : Hospice facilities: developmental disabilities:
intellectual disability.
SUMMARY : Makes technical, non-substantive changes to laws
affecting hospice facilities and developmental and intellectual
disabilities.
Existing law:
1.Provides for the licensure and regulation of health
facilities, including hospice facilities, by the California
Department of Public Health (DPH).
2.Requires a freestanding hospice facility to meet specified
requirements relating to the physical environment of the
facility until the Office Statewide Health Planning and
Development (OSHPD), in consultation with the Office of the
State Fire Marshall (SFM), develops and adopts building
standards for hospice facilities.
3.Establishes the Lanterman Developmental Disabilities Services
Act which requires the state Department of Developmental
Services to contract with regional centers to provide services
and supports to individuals with developmental disabilities.
4.Refers to "intellectual disability" or "a person with an
intellectual disability" in numerous state statutory
provisions, including provisions relating to psychiatric
technician regulation, the state's unfair competition statute,
educational and social services, commitment to state
facilities, and criminal punishment.
This bill:
1.Corrects incorrect code references to mental retardation and
instead replaces them with "intellectual disability."
2.Requires SFM, in consultation with OSHPD, to develop and adopt
building standards for hospice facilities.
Continued---
SB 816 | Page 2
3.Makes other technical, non-substantive changes.
FISCAL EFFECT : This bill has not been analyzed by a fiscal
committee.
COMMENTS :
1. Author's statement. The Legislature passed SB 1381
(Pavley), Chapter 457, Statutes of 2012, which provides an
important terminology change to the disabled community
throughout California by removing references to the term
"mental retardation" from state statutes. Unfortunately, with
the passage of SB 1381 the Welfare and Institutions Code
Section that defines "developmental disability" was
inadvertently not amended and thus still includes the term
"mental retardation." This bill corrects those references.
SB 135 (Hernandez), Chapter 673, Statutes of 2012, establishes
a new health facility licensing category of hospice facility,
and permits a licensed and certified hospice services
provider to provide inpatient hospice services. This bill
corrects drafting errors and correctly designates the SFM, in
consultation with OSHPD, to develop and adopt building
standards for hospice facilities.
2. Support. The Arc and the United Cerebral Palsy in
California write in support that, originally intended as a
term of respect, the term "mental retardation" has become a
term of hostility, often associated with bullying and hate
crimes. This bill corrects an oversight and replaces the term
with "intellectual disability."
The California Hospice and Palliative Care Association
(CHAPCA), writes in support that this bill contains an
erroneous cross-reference to federal regulations and would
impose incompatible requirements on the development of
hospice facilities. CHAPCA maintains that this bill will
enable hospice programs to move forward in developing hospice
care facilities in the state.
SUPPORT AND OPPOSITION :
Support:The Arc and United Cerebral Palsy in California
California Hospice & Palliative Care Association
Oppose: None on file.
SB ___ | Page
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