AB 911, as introduced, Brough. Hospitals: closures.
Existing law provides for the licensure and regulation of health facilities, including general acute care hospitals, by the State Department of Public Health. Existing law authorizes a general acute care hospital, as defined, to offer special services, including, but not limited to, emergency medical services. Existing law requires a hospital that provides emergency medical services to provide notice of the planned reduction or elimination of those services to certain entities and the public, as specified. Existing law requires a health facility that implements a downgrade or change in services to make a reasonable effort to inform the community that it serves of the downgrade or change, as specified. Existing law authorizes the department to exempt a hospital from those disclosure requirements upon specified circumstances.
This bill would require a general acute care hospital that provides emergency medical services that is scheduled for closure to conduct public hearings for public review and comment, as specified. The bill would also authorize Saddleback Memorial Medical Center, San Clemente, to continue, under its existing license, to provide emergency medical services to patients in the region if it otherwise transforms its delivery of services.
This bill would make legislative findings and declarations as to the necessity of a special statute for the communities of San Clemente, Dana Point, and San Juan Capistrano.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2⁄3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
It is the intent of the Legislature in enacting this
2act to do the following:
3(a) Authorize Saddleback Memorial Medical Center, San
4Clemente, to operate a stand-alone emergency room for purposes
5of stabilizing patients prior to transfer to any other hospital in the
6region.
7(b) Provide transparency with regard to hospital closures.
Section 1255.23 is added to the Health and Safety
9Code, immediately following Section 1255.2, to read:
(a) In addition to the requirements set forth in
11Sections 1255.1 and 1255.2, a general acute care hospital that
12provides emergency medical services pursuant to Section 1255,
13and that is scheduled for closure, shall conduct a public hearing
14for public review and comment during the 90-day period
15established pursuant to subdivision (a) of Section 1255.1.
16(b) A hospital that conducts a public hearing pursuant to
17subdivision (a) shall conduct the hearing pursuant to the procedural
18requirements that are established pursuant to the Ralph M. Brown
19Act (Chapter 9 (commencing with Section 54950) of Part 1 of
20Division 2 of Title 5 of the Government Code).
Notwithstanding any other law, Saddleback Memorial
22Medical Center, San Clemente, may continue, under its existing
23license, to provide emergency medical services to patients in the
24region if it otherwise transforms its delivery of services.
The Legislature finds and declares that a special law
26is necessary and that a general law cannot be made applicable
27within the meaning of Section 16 of Article IV of the California
28Constitution because of the unique circumstances regarding the
P3 1provision of emergency medical services to the communities of
2San Clemente, Dana Point, and San Juan Capistrano.
This act is an urgency statute necessary for the
4immediate preservation of the public peace, health, or safety within
5the meaning of Article IV of the Constitution and shall go into
6immediate effect. The facts constituting the necessity are:
7In order to ensure the provision of emergency medical services
8to the communities of San Clemente, Dana Point, and San Juan
9Capistrano at the earliest point in time, and to provide transparency
10with regard to hospital closures, it is necessary that this act take
11effect immediately.
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