AB 2341, as introduced, Lackey. Health facilities: special services.
Existing law provides for the licensure and regulation of health facilities by the State Department of Public Health and prohibits a health facility from providing a special service without the approval of the department. Under existing law, a violation of these provisions is a crime. Existing law defines a “special service” to mean a functional division, department, or unit of a health facility that is organized, staffed, and equipped to provide a specific type of patient care and that has been identified by regulations of the department and for which the department has established special standards for quality of care. Under existing law, “special services” includes physical therapy services, occupational therapy services, or speech pathology and audiology services provided by a nursing facility to outpatients.
This bill would additionally define “special services” to mean special services as may be approved by the department for nursing facilities and skilled nursing facilities that are not identified in regulations of the department, if the licensee can demonstrate to the department that the special service will operate in accordance with a minimum standard of care. The bill would require a licensee applying to the department for approval of special services that are not identified by regulations of the department to submit an application and other information, as specified. By expanding the application of an existing crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 1252 of the Health and Safety Code is
2amended to read:
(a) begin delete“Special end deletebegin insertExcept as specified in subdivision (b),
4“special end insertservice” means a functional division, department, or unit
5of a health facility that is organized, staffed, and equipped to
6provide a specific type or types of patient care and that has been
7identified by regulations of the state department and for which the
8state department has established special standards for quality of
9care. “Special service” does not include a functional division,
10department, or unit of a nursing facility, as defined in subdivision
11(k) of Section 1250, that is organized, staffed, and equipped to
12provide inpatient physical therapy services, occupational therapy
13
services, or speech pathology and audiology services to residents
14of the facility if these services are provided solely to meet the
15federal Centers for Medicare and Medicaid Services certification
16requirements. “Special service” includes physical therapy services,
17occupational therapy services, or speech pathology and audiology
18services provided by a nursing facility, as defined in subdivision
19(k) of Section 1250, to outpatients.
20(b) Notwithstanding subdivision (a), “special service” also
21means special services as may be approved by the department for
22nursing facilities and skilled nursing facilities that are not
23identified by regulations of the department, if the licensee can
24demonstrate to the satisfaction of the department that the special
25service will operate in accordance with a minimum standard of
26quality of care. Approved special services shall be listed
on the
27facility license. Failure to maintain the agreed upon minimum
28standard of quality of care shall result in approval for the special
P3 1service being terminated. A licensee applying to the department
2for approval of special services that are not identified by
3regulations of the department pursuant to this subdivision shall
4submit all the following information for the department’s
5consideration:
6(1) A completed application on forms prescribed by the
7department, with additional documentation or data, as required
8by the department, that clearly identifies the scope of the special
9service proposed to be provided.
10(2) The hours of operation for the special service.
end insertbegin insert
11(3) Whether the service is to be provided solely to the residents
12of the facility or also on an outpatient basis. If the service is to be
13provided on an outpatient basis, the licensee shall specify the
14population to be served.
15(4) A copy of the special service policies and procedures for
16review and approval.
17(5) The minimum staffing levels and qualifications for the
18proposed special service, sufficient to meet the needs of the
19residents and patients.
20(6) Identification of the equipment and supplies necessary to
21meet the needs of residents and patients receiving care in the
22special service.
23(7) Identification of an appropriate space within the facility to
24be used to provide the special service. A special service that is
25provided on an outpatient basis shall not be provided in a space
26that would require outpatients to transverse areas where resident
27sleeping rooms are located.
28(8) Confirmation that the applicable building, zoning, and fire
29safety standards for the proposed use of the special service space
30are met.
31(b)
end delete
32begin insert(c)end insert This section does not limit the department’s ability to
33evaluate compliance with the therapy requirements for nursing
34facilities and skilled nursing facilities established in Title 22 of
35the California Code of Regulations during investigations or
36inspections, including, but not limited to, inspections conducted
37pursuant to Section 1422, or to limit the department’s ability to
38enforce the therapy requirements.
No reimbursement is required by this act pursuant to
40Section 6 of Article XIII B of the California Constitution because
P4 1the only costs that may be incurred by a local agency or school
2district will be incurred because this act creates a new crime or
3infraction, eliminates a crime or infraction, or changes the penalty
4for a crime or infraction, within the meaning of Section 17556 of
5the Government Code, or changes the definition of a crime within
6the meaning of Section 6 of Article XIII B of the California
7Constitution.
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