BILL ANALYSIS Ó AB 1147 Page 1 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 AB 1147 Page 2 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: AB 1147 Page 3 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. AB 1147 Page 4 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 AB 1147 Page 5 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. AB 1147 Page 6 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 AB 1147 Page 7 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, AB 1147 Page 8 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 AB 1147 Page 9 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 AB 1147 Page 10 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 AB 1147 Page 11 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 AB 1147 Page 12 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 AB 1147 Page 13