BILL ANALYSIS Ó
SB 816
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Date of Hearing: June 26, 2013
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Isadore Hall, Chair
SB 816 (Committee on Health) - As Introduced: March 11, 2013
SENATE VOTE : 35-0
SUBJECT : Hospice facilities: developmental disabilities:
intellectual disability
SUMMARY : Makes the State Fire Marshal (SFM), rather than the
Office of Statewide Health Planning and Development (OSHPD),
responsible for the development of building standards for
hospice facilities, and makes other minor and technical
corrections to law related to hospice facilities and
intellectual disabilities. Specifically, this bill :
1)Requires the SFM, in consultation with OSHPD, to develop and
adopt building standards for hospice facilities.
2)Corrects two references to federal regulations that establish
standards for hospice facilities.
3)Replaces the term "mental retardation" with "intellectual
disability" in the definition of "developmental disability" in
the Lanterman Developmental Disabilities Services Act
(Lanterman Act) and makes other minor, technical corrections
in that definition.
EXISTING LAW
1)Requires hospices to obtain a license from the Department of
Public Health (DPH) and to provide, or make provision for,
skilled nursing services, social services and/or counseling
services, medical direction, bereavement services, volunteer
services, inpatient care arrangements, and home health aide
services.
2)Allows hospice facilities to operate as freestanding health
facilities with a capacity of no more than 24 beds that
provide routine care, continuous care, inpatient respite care,
and inpatient hospice care.
3)Requires building standards for hospice facilities to apply
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uniformly throughout the state.
4)Until OSHPD, in consultation with the SFM, develops and adopts
building standards for hospice facilities, requires hospice
facilities to meet building standards and physical environment
requirements from federal Medicare Conditions of Participation
for a hospice that provides inpatient care directly in its own
facility.
5)Requires the building standards developed by OSHPD to, at a
minimum, maintain the requirements specified in federal
Medicare Conditions of Participation for a hospice that
provides inpatient care directly in its own facility.
6)Requires congregate living health facilities (CLHFs) serving
individuals who are terminally ill, catastrophically and
severely disabled, mentally alert but physically disabled, or
any combination of these individuals, to obtain and maintain a
valid fire clearance from the appropriate authority having
jurisdiction over the facility, based on compliance with state
regulations concerning fire and life safety, as adopted by the
SFM.
7)Requires the SFM, with the advice of the State Board of Fire
Services, to adopt regulations establishing minimum
requirements for the protection of life and property for CLHFs
that recognize the residential and non-institutional setting
of CLHFs.
8)Establishes the Lanterman Act, which gives individuals with
disabilities the right to treatment and habilitation services
and supports in the least restrictive environment.
9)For purposes of the Lanterman Act, requires the term
"developmental disability" to include mental retardation,
cerebral palsy, epilepsy, and autism.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of the bill : According to the author, while originally
intended as a term of respect, the term "mental retardation" has
become a term of hostility, often associated with bullying and
hate crimes. The term "mental retardation" has been replaced in
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California Codes with the term "intellectual disability."
However, existing Welfare and Institutions Code Section 4512
still contains the term "mental retardation." This bill would
correct this oversight.
The author further states that existing Health and Safety Code
contains an erroneous cross-reference of the Federal Code of
Regulations which imposes incompatible requirements on the
development of hospice facilities. This bill remedies this
incorrect citation with the correct citation of the Federal Code
of Regulations.
Background : In 2012, SB 135 (Hernández) was signed into law.
Among its many provisions, SB 135 makes OSHPD primarily
responsible for the development of building standards for
free-standing hospice facilities. Until OSHPD's regulations are
developed and adopted, SB 135 requires facilities to meet
building standards set out in federal regulations for hospices
that provide inpatient care in their own facilities. According
to the author, the intent of SB 135 was to require a hospice
facility to meet the same building standards as a CLHF, which
are not built under OSHPD authority as they have fewer beds, are
more residential in nature, and have different zoning
classifications (unlike OSHPD facilities, CLHFs are allowed in
local neighborhoods. This bill corrects this incongruity by
shifting primary responsibility for hospice facility building
standards to the SFM.
Arguments in Support : According to the California Hospice
Palliative Care Association, existing Health and Safety Code
contains an erroneous cross-reference of the Federal Code of
Regulations and would impose incompatible requirements on the
development of hospice facilities. SB 816 remedies this
incorrect citation with the correct citation of the Federal Code
of Regulations.
The Arc California and United Cerebral Palsy in California argue
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."
Double-referral : This bill was previously heard in the Assembly
Committee on Health on June 11, 2013. The bill passed with a
vote of 18-0.
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Previous Legislation : SB 135 (Hernández), Chapter 673, Statutes
of 2012. Established a new health facility licensing category
of hospice facility and permits a licensed and certified hospice
services provider to provide inpatient hospice services through
the operation of a hospice facility, either as a free standing
health facility, or adjacent to, physically connected to, or on
the building grounds of another health facility or a residential
care facility.
SB 1381 (Pavley), Chapter 457, Statutes of 2012. Deleted in
state law references to "mental retardation" or a "mentally
retarded person" and instead replaces them with "intellectual
disability" or a "person with an intellectual disability."
REGISTERED SUPPORT / OPPOSITION :
Support
The Arc and United Cerebral Palsy in California
California Hospice and Palliative Care Association
Opposition
None on file
Analysis Prepared by : Felipe Lopez / G. O. / (916) 319-2531