BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 21, 2015


                            ASSEMBLY COMMITTEE ON HEALTH


                                  Rob Bonta, Chair


          AB 1147  
          (Maienschein) - As Introduced February 27, 2015


          SUBJECT:  Health facilities:  pediatric day health and respite  
          care facilities.


          SUMMARY:  Creates a licensing category for pediatric day health  
          and respite care facilities (PDHRCFs),  codifies all the  
          requirements and standards that such facilities must adhere to,  
          and allows an individual who is 22 years of age or older to  
          continue to receive care in a PDHRCF  if the facility receives  
          approval from the California Department of Public Health (DPH).   
          Specifically, this bill:  


          1) Exempts PDHRCFs from specific skilled nursing facility (SNF)  
            regulatory requirements, including requirements for multiple  
            facility committees and instead requires PDHRCFs to have a  
            patient care committee to address quality of care provided in  
            the facility, including, but not limited to, patient care  
            policies, pharmacy services, and infection control.


          2)Specifies that the patient care committee membership includes  
            the medical director, dietician, pharmacist, nursing staff,  
            nurse supervisor, center administrator or director, and other  
            staff as may be required by facility policies and procedures.   
            Specifies the committee is responsible for all of the  








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            following:


             a)   Reviewing and approving all policies relating to patient  
               care, and based on reports from the facility's  
               administrator, that the committee will review the  
               effectiveness of policy implementation and make  
               recommendations to the administrator for the improvement of  
               patient care.  Requires the committee to review patient  
               care policies annually, and revise the policies as  
               necessary.
             b)   Establishing, reviewing, monitoring, and approving  
               policies and procedures for investigating, controlling, and  
               preventing infections in the facility, and maintaining,  
               reviewing, and reporting statistics of thenumber, types,  
               sources, and location of infectionswithin the PDHRCRF.


             c)   Establishing, reviewing, and monitoring the storage and  
               administration of drugs and biologicals (insulin),  
               reviewing and taking appropriate action based on any  
               findings from a pharmacist hired to consult with the  
               committee and internal quality assurance reviews, and  
               recommending improvements of services to the administrator  
               of the facility.


          3) Requires PDHRCFs to comply with licensing requirements,  
            allows PDHRCFs to apply to DPH for program flexibility  
            waivers, and requires DPH, when approving waivers to provide  
            for the terms and conditions under which a waiver is granted.   
            Requires DPH, when reviewing requests for program flexibility,  
            to consider the unique nature of services provided to  
            individuals served by the PDHRCF when compared to the  
            requirements for DLHFs for individuals requiring inpatient  
            care.
          4)Establishes specific requirements for PDHRCFs provision of  
            pharmacy services, that satisfy all of the following:









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             a)    Requiring all medications to be provided by the child's  
               parent, foster parent, or legal guardian in the original  
               container that specifies administration instructions;
             b)   That medications be administered only upon written and  
               signed orders of the child's physician;


             c)   The PDHRCF shall not order medications from a pharmacy  
               or take delivery of medications from a pharmacy; and,


             d)   That a PDHRCF shall not accept a child into the facility  
               if the child's medications have expired or are scheduled to  
               expire during the child's stay at the facility.


          5)Requires physician orders to be current and maintained in the  
            child's medical record, and allows verbal orders from the  
            physician for services to be rendered at the facility to be  
            received and recorded by licensed nursing personnel, and be  
            signed by the attending physician within 30 days.
          6)Prohibits medications from being administered to a child  
            unless the facility first verifies that the medication was  
            ordered by a physician, and requires PDHRCFs to maintain  
            records of medication administered for at least one year as  
            part of the child's plan of care.


          7)Allows a PDHRCF to treat changes in a child's condition, such  
            as new onset pain, nausea, diarrhea, infections, or other  
            similar changes in accordance with the child's plan of care if  
            the child has been prescribed medications to treat these  
            anticipated symptoms and does not present a risk to the health  
            and safety of themselves, other children, staff, or other  
            individuals with whom the child may come into contact.










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          8)Allows a PDHRCF to implement policies and procedures that  
            prohibit smoking by clients, parents, staff, visitors, or  
            consultants within the facility or on the premises.


          9)Specifies that in order to establish, conduct, or maintain a  
            PDHRCF, a person or entity must file an application with DPH  
            on a form prescribed, prepared and furnished by DPH,  
            containing information as required for the proper  
            administration and enforcement of these provisions.  Requires  
            DPH to initiate an initial licensing inspection within 60 days  
            of receipt of a completed application.


          10)Allows a previously unlicensed PDHRCF to receive a  
            provisional license to operate a facility .  Specifies a  
            provisional license will terminate six months from the date of  
            issuance, or the date DPH is able to conduct a full and  
            complete inspection, whichever is later.


          11)Requires, 30 days prior to the termination of a provisional  
            license, DPH to give the facility a full and complete  
            inspection, and if the facility meets all requirement for  
            licensure, a regular license to be issued, or, if the facility  
            does not meet the requirments but has made substantial  
            progress toward meeting the requirements, the provisional  
            license to be renewed for six months.


          12)Specifies that if DPH determines there has not been  
            substantial progress toward meeting licensure requirements at  
            the time of the first full inpection, or if upon its inpection  
            within 30 days of the termination of a renewed provisional  
            license, that there is a lack of full compliance, DPH will not  
            issue a further license.


          13)Clarifies that an applicant denied a provisional license can  








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            contest the denial by filing a request for a hearing.


          14)Specifies that a PDHRCF licensee must pay an annual fee, not  
            to exceed the reasonable regulatiory cost to DPH, that a  
            license expires 12 months from the date of issuance, that a  
            license shall be deemed renewed upon payment of the necessary  
            fee, and that at least 45 days prior to the expiration of a  
            license DPH will mail a notice for renewal to the licensee.


          15)Requires periodic inspections of PDHRCF by DPH for the  
            purpose of ensuring that the facility is complying with these  
            provisions and applicable rules and regulations.


          16)Allows DPH to deny an application, or suspend or revoke a  
            license  upon any of the following grounds:


             a)   A serious violation by the licensee of any of the  
               provision of this chapter, or of the rules and regulations  
               promulgated under this chapter that jeopardizes the health  
               and safety of clients;
             b)   Aiding, abetting, or permitting the commission of any  
               illegal act; or, 


             c)   Willful omission or falsification of a material fact in  
               the application for a license.


          17)Specifies the proceeding for a denial, suspension, or  
            revocations of a license, or denial or withdrawal of approval,  
            and clarifies that  the suspension, cancellation, or surrender  
            of a license without the written consent of DPH does not  
            deprive the department of its authority to institute or  
            continue a disciplinary proceeding against the licensee upon  
            any ground provided by law.








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          18)Grants DPH the authority to make reasonable accommodation for  
            exceptions to the standards of these  provisions if the  
            health, safety, and quality of patient care is not  
            compromised.  Requires written approval regarding the terms  
            and conditions of the exception, and that an applicant request  
            an exception in writing.


          19)Provides for the ability of PDHRCFs to organize a  
            Transitional Heatlh care Needs Optioanl Service Unit, or  
            optional service unit, that is organized, staffed, and  
            equipped to provide care to individulas who are 22 years of  
            age or older, and specifies that PDHRCFs are not required to  
            operate an optional service unit.


          20)Specifies that in order to continue receiving care in the  
            PDHRCF, participants who are 22 years of age or older must  
            have a developmental age of 18 years or younger as evidenced  
            by their Individual Education Plan, Regional center  
            Assessment, physician's assessment, or other nationally  
            recognized assessment tool.


          21)Requires an optional serice unti to be approved by DPH, and  
            that care for clients who are 22 years of age or older be  
            provided in a distinct part of the PDHRCF, separate from the  
            area where care is provided to younger clients.  


          22)Requires the facility to establish policies and procedure for  
            determining the age ranges of clients who are cared for in the  
            optional service unit, and for those policies to include, but  
            not be limited to, consideration of the client's chronological  
            age, developmental age, and size.


          23)Requires the PDHRCF to ensure its staffing and equipment are  
            sufficient to provide services to clients who are 22 years of  








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            age or older and to have written policies and procedures for  
            the management of the services as established an implemented  
            by the patient care policy committee.


          EXISTING LAW:  


          1)Defines a PDHRCF as a facility which provides an organized  
            program of therapeutic social and day health activities and  
            services, and limited 24-hour inpatient respite care, to  
            medically fragile children 21 years of age or younger,  
            including terminally ill and technology dependent children.


          2)Requires DPH to adopt regulations and license PDHRCFs and to  
            set minimum standards for the adequacy, safety, and sanitation  
            of the physical plant and equipment, staffing requirements,  
            staff training, and the services offered.


          3)Requires DPH to establish an advisory committee of experts to  
            assist in the development of the regulations. 


          4)Allows, pending adoption of the regulations, for an entity to  
            be licensed as a PDHRCF if it meets interim regulations for  
            congregate living health facilities (CLHF).


          5)Requires the services offered to include medical, nursing,  
            pharmacy, nutrition, socialization, and developmentally  
            appropriate activities.


          6)Specifies services which may be provided, but are not limited  
            to, include physical therapy, developmental services,  
            occupational and speech therapy, educational and psychological  
            services, respite care, instruction for parents or guardians,  








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            and comprehensive case management, if not otherwise available  
            for the client.


          7)Allows a PDHRF to establish admission criteria based on the  
            compatibility of the developmental needs of the persons  
            served, and the facility's ability to meet those needs.   
            Requires admission criteria to be approved by DPH.


          8)Requires a child accepted for care in a PDHRCF to meet the  
            following requirements:


             a)    Be medically stable as determined by their attending  
               physician;


             b)    Be under the care of a physician who approves the  
               PDHRCF's plan of care; and,


             c)   Have current immunization records unless medically  
               contraindicated as stated by their physician at the time of  
               admission and to pose no significant risk of infection to  
               others in the facility.


          9)Requires DPH to adopt regulations for the licensure of CLHFs  
            no later than January 1, 1991, and for PDHRCFs on July 1,  
            1993.


          FISCAL EFFECT:  This bill has not been analyzed by a fiscal  
          committee


          









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          COMMENTS:  


          1)PURPOSE OF THIS BILL.  According to the author, medically  
            fragile children, as they begin to approach the age of 22,  
            have been faced with untenable choices of how to cobble  
            together the types of services that could provide the same  
            type of care and support received at PDHRCFs.  Unfortunately,  
            these services simply do not exist; and families are again  
            facing similar unacceptable choices as they faced before  
            PDHRFs were established.  The author states this bill will  
            guarantee the continuity of care this population desperately  
            needs by allowing medically fragile children and young adults  
            to continue to receive the quality services from PDHRCFs as  
            they grow older than the age of 22.  
          2)BACKGROUND.  AB 3413 (Polanco), Chapter, 1227, Statutes of  
            1990, added a new category of health facility:  Pediatric Day  
            Health and Respite Care Facility.  Prior to that date,  
            families with medically-fragile children had very few choices  
            to find day health and respite care that would allow the child  
            to remain at home, keep the family intact, and keep parents  
            working.  When this category of facility was first  
            established, most of the medically-fragile children were not  
            expected to survive to become adults; this model did not  
            envision a system of care that would provide a seamless  
            transition for these children as they age out of the PDHRCF  
            programs.  





            When enacted, AB 3413 required the Department of Health  
            Services, now DPH, to adopt regulations by July 1, 1993, and  
            allowed PDHRCFs to operate under a provisional license until  
            the regulations were adopted by complying with the regulations  
            for CLHFs.  At that time regulations for CLHFs were to be  
            final by January 1, 1991, and CLHFs were operating under SNF  








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            regulations with some exceptions to those regulations allowed  
            through program flexibility waivers.





            Neither the CLHF, nor the PDHRCF regulations were ever adopted  
            and both types of facilities have had to be licensed and  
            operate under SNF requirements and regulations, with some  
            exemptions as granted by DPH.  The failure of DPH to adopt  
            regulations specific to each type of facility, and to use  
            portions of the SNF regulations, constitutes the promulgation  
            of underground regulations, which is a violation of the  
            Administrative Procedures Act.  





            PDHRCFs are very different than SNFs.  SNFs are long term care  
            facilities whose adult residents are receiving 24-hour  
            inpatient care.  PDHRCFs are daycare centers that offer  
            occasional over-night respite care to clients' and their  
            families.  PDHRCFs have found it challenging over the years to  
            meet the requirements of SNF licensure.  For example, a SNF  
            will have a Pharmacist on staff who orders medications for the  
            residents.  A PDHRCF may administer medication to a client,  
            but does not have a Pharmacist, and is simply checking the  
            medications each day as they are brought to the facility by  
            the parent or guardian.  Yet under current licensure  
            requirements, both facilities must have a pharmaceutical  
            service committee with a pharmacist member.   





          3)SUPPORT.  Together We Grow, a PDHRCF in San Diego is the  








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            sponsor of this bill and states, unlike the care provided by  
            PDHRCFs, long-term care for medically-fragile young adults is  
            fragmented and does not provide the same essential choices to  
            medically-fragile adults and their families.  The sponsors  
            note that current state licensing law  permits children to  
            receive care up until the child turns 22 years of age, and  
            then they and their families are faced with the possibility of  
            institutionalization (leaving their families), attending an  
            adult day health care center that does not have the level of  
            expertise, programming, or activities necessary to engage and  
            provide safe care for this population, foregoing any family  
            respite support, or forcing family members to quit their jobs  
            to provide care to their loved ones.  Together We Grow  
            concludes that this bill will permit medically fragile young  
            adults to remain at the PDHRCF in a separate transitional care  
            unit, and that the costs of these services are less than the  
            state would pay for institutional care.


            The California Children's Hospital Association (CCHA) supports  
            this bill pointing out that as a result of the advances made  
            in medicine over the past 25 years, more medically fragile  
            children are living into adulthood and aging out of PDHRCF  
            service.  CCHA notes that this can be disastrous for patients  
            and families, both financially and emotionally, as they enter  
            a fragmented adult system that does not have the same level of  
            services.  CCHA concludes that this bill will protect their  
            access to the facilities they have essentially grown up in,  
            while ensuring they are being cared for in a transitional unit  
            appropriate to their age.


            Easter Seals supports this bill because it provides for a  
            smooth transition into adulthood by allowing individuals to be  
            supported in a transitional care unit after they turn 22 years  
            of age.  


          4)TECHNICAL AMENDMENTS.  Amendments to this bill are technical  








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            and clarifying, and add an Urgency clause.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Together We Grow (sponsor) 


          California Children's Hospital Association
          Easter Seals
          Exceptional Family Resource Center
          Home Start
          Kaplan College, San Diego
          Loretta's Little Miracles


          San Diego Brain Injury Foundation
          San Diego Regional Center
          University of California, San Diego
          Numerous individuals


          Opposition


          None on file




          Analysis Prepared by:Lara Flynn / HEALTH / (916) 319-2097










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