BILL ANALYSIS                                                                                                                                                                                                    Ó



           SENATE COMMITTEE ON HEALTH
                          Senator Ed Hernandez, O.D., Chair

          BILL NO:                    AB 1130             
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          |AUTHOR:        |Gray                                           |
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          |VERSION:       |February 27, 2015                              |
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          |HEARING DATE:  |June 24, 2015  |               |               |
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          |CONSULTANT:    |Vince Marchand                                 |
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           SUBJECT :  Clinics:  licensing:  hours of operation

           SUMMARY  :  Expands the licensure exemption for intermittent clinics that  
          are operated by licensed clinics on separate premises by  
          permitting these intermittent clinics to be open for up to 30  
          hours per week, instead of only 20 hours per week.
          
          Existing law:
          1)Licenses and regulates clinics, including primary care clinics  
            and specialty clinics, by the Department of Public Health  
            (DPH)

          2)Defines a primary care clinic as either a "community clinic,"  
            which is required to be operated by a non-profit corporation  
            and to use a sliding fee scale to charge patients based on  
            their ability to pay, or a "free clinic," which is also  
            required to be operated by a non-profit but is not allowed to  
            directly charge patients for services rendered or for any  
            drugs, medicines, or apparatuses furnished.

          3)Exempts various types of clinics from licensure and regulation  
            by DPH, including clinics operated by the United States or by  
            a federally recognized Indian tribe on tribal land.

          4)Exempts from licensure by DPH an intermittent clinic that is  
            operated by a licensed primary care community clinic on  
            separate premises from the licensed clinic and is only open  
            for limited services of no more than 20 hours each week.  
            However, an intermittent clinic operated under this exemption  
            is still required to meet all other requirements of law,  
            including administrative regulations and requirements,  
            pertaining to fire and life safety.
          







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          This bill: Expands the licensure exemption for intermittent  
          clinics that are operated by licensed clinics on separate  
          premises by permitting these intermittent clinics to be open for  
          up to 30 hours per week, instead of only 20 hours per week.

           FISCAL  
          EFFECT  :  According to the Assembly Appropriations Committee,  
          this bill has negligible state fiscal effect.

           PRIOR  
          VOTES  :  
          
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          |Assembly Floor:                     |77 - 0                      |
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          |Assembly Appropriations Committee:  |17 - 0                      |
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          |Assembly Health Committee:          |16 - 0                      |
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          COMMENTS  :
          1)Author's statement.  According to the author, the existing  
            limit of hours of operation for intermittent clinics of a  
            maximum of 20 hours was placed in statute 37 years ago, and  
            based on a typical 40 hour work week. Today, full time  
            healthcare centers are open much longer hours, (in some cases  
            7 days a week) and continue to adapt in order to meet the  
            needs of every community. Given the increase in patient  
            population thanks to the Medi-Cal expansion and the Affordable  
            Care Act, this bill simply increases the hours an intermittent  
            clinic may operate so that they may keep up with the demand  
            for service in all areas of California, but particularly in  
            the most underserved regions. 

          2)Intermittent clinics. Under existing law, a licensed primary  
            care clinic is permitted to operate an off-site clinic, for up  
            to 20 hours per week, without obtaining a separate license for  
            these off-site locations. While there are a little more than  
            1,000 licensed primary care clinics, because no license is  
            required for these off-site locations, DPH does not track the  
            number of intermittent clinics. The sponsors of this bill  
            estimate there are approximately 200 intermittent clinics  
            across the state, ranging from a small one-provider clinic  
            inside a homeless shelter that is open 4 hours per week, to  








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            the larger school-based health centers that may operate up to  
            20 hours per week. There are no regulations specific to  
            intermittent clinics, and under California statute, these  
            clinics are only required to meet fire and life safety  
            requirements of law, which are established by the State Fire  
            Marshall. As stated by the many supporting organizations,  
            primary care clinics use these satellite locations to offer  
            services in communities that might not otherwise support a  
            full-time licensed clinic, such as school-based health  
            centers, or in rural or underserved communities.
          
          3)Related legislation. AB 941 (Wood) expands a licensure  
            exemption for tribal clinics, which are currently exempted if  
            they are located on tribal land, by exempting tribal clinics  
            regardless of the location of the clinic, if the clinic is  
            operated under a contract with the United States pursuant to  
            the Indian Self-Determination and Education Assistance Act. AB  
            941 is currently pending in this committee.
          
          4)Prior legislation. AB 2787 (Arambula, 2008), was identical to  
            this bill. AB 2787 was held on the Assembly Appropriations  
            Committee suspense file.
          
          5)Support.  This bill is co-sponsored by the California Primary  
            Care Association (CPCA) and the Central Valley Health Network  
            (CVHN). According to CPCA and CVHN, by increasing the number  
            of operating hours for intermittent clinics, community health  
            centers can meet the growing need for care, especially among  
            special populations that may not have the ability to access  
            care in traditional full time health centers. According to  
            CPCA and CVHN, many intermittent clinics are operated on  
            school campuses and address the unique needs of school age  
            children and their families. Others are operated in short and  
            long-term shelters designed to help people experiencing  
            homelessness, or are embedded in affordable housing  
            communities. The California School-Based Health Alliance  
            states in support that since the introduction of this bill,  
            many school-based health centers have shared that increasing  
            the hours they can provide health care services means greater  
            access to care and increased support for children and their  
            families. Camarena Health states in support that it is  
            currently partnering with the largest school district in  
            Madera County to begin the development of two new school based  
            health center sites that will deliver medical, dental,  
            behavioral health and health education services, and is also  








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            partnering with a local grower to establish an on-site clinic  
            that would provide primary care services to agricultural  
            employees during their work day. WellSpace Health states in  
            support that just blocks away from the Capitol there is an  
            intermittent clinic operated in the Salvation Army shelter,  
            and another embedded in an affordable housing community, and  
            that increasing the maximum operating hours will improve a  
            clinic's ability to get services and resources in the most  
            underserved areas quickly. 

          6)Suggested amendment on reporting intermittent clinics.  
            According to the sponsors, based on a survey of their licensed  
            clinic members, there are approximately 200 intermittent  
            clinics. However, according to DPH, while some licensed  
            clinics do report when they open an intermittent clinic, it is  
            inconsistent, and they do not keep track of this information.  
            Committee staff has worked with the author's office and  
            sponsors on an amendment to require licensed clinics, as part  
            of their biennial license renewal, to report to DPH as to  
            whether they are currently operating any intermittent clinics,  
            the location of these clinics, and the estimated hours of  
            operation.
          
           SUPPORT AND OPPOSITION  :
          Support:  California Primary Care Association (co-sponsor)
          Central Valley Health Network (co-sponsor)
          Alameda Health Consortium
          California Family Health Council
                    California School-Based Health Alliance
                    Camarena Health
                    Chinatown Service Center
                    Clinica Sierra Vista
                    Clinicas de Salud del Pueblo, Inc.
                    Coastal Health Alliance
                    Community Clinic Association of Los Angeles County
                    Council of Community Clinics
                    Dos Palos Memorial Hospital Skilled Nursing Facility
                    El Dorado Community Health Centers
                    Family HealthCare Network
                    Family Purpose
                    Golden Valley Health Centers
                    Harmony Health Medical Clinic and Family Resource  
                    Center
                    Hill Country Community Clinic
                    Inland Behavioral and Health Services, Inc.








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                    James Morehouse Project
                    La Maestra Community Health Centers
                    Livingston Community Health
                    Los Angeles Trust for Children's Health
                    People Assisting the Homeless (PATH)
                    Planned Parenthood Affiliates of California
                    Santa Rosa Community Health Centers
                    The Children's Partnership
                    United Health Centers of the San Joaquin Valley
                    Venice Family Clinic
                    Wellspace Health
                    West County Health Centers
          
          Oppose:   None received
          
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