BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 816|
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CONSENT
Bill No: SB 816
Author: Senate Health Committee
Amended: As introduced
Vote: 21
SENATE HEALTH COMMITTEE : 8-0, 4/17/13
AYES: Hernandez, Anderson, Beall, De León, DeSaulnier, Monning,
Nielsen, Wolk
NO VOTE RECORDED: Pavley
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Hospice facilities: developmental disabilities:
intellectual disability
SOURCE : Author
DIGEST : This bill makes technical, non-substantive changes to
laws affecting hospice facilities and developmental and
intellectual disabilities.
ANALYSIS :
Existing law:
1.Provides for the licensure and regulation of health
facilities, including hospice facilities, by the California
Department of Public Health.
2.Requires a freestanding hospice facility to meet specified
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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.
3.Makes other technical, non-substantive changes.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 4/26/13)
California Hospice & Palliative Care Association
The Arc and United Cerebral Palsy in California
ARGUMENTS IN SUPPORT : According to the author's office, 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
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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.
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 the Health and Safety Code 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.
JL:ej 5/1/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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