BILL NUMBER: AB 2341	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Lackey

                        FEBRUARY 18, 2016

   An act to amend Section 1252 of the Health and Safety Code,
relating to health facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 1252 of the Health and Safety Code is amended
to read:
   1252.  (a)  "Special   Except as specified in
subdivision (b), "special  service" means a functional
division, department, or unit of a health facility that is organized,
staffed, and equipped to provide a specific type or types of patient
care and that has been identified by regulations of the state
department and for which the state department has established special
standards for quality of care. "Special service" does not include a
functional division, department, or unit of a nursing facility, as
defined in subdivision (k) of Section 1250, that is organized,
staffed, and equipped to provide inpatient physical therapy services,
occupational therapy services, or speech pathology and audiology
services to residents of the facility if these services are provided
solely to meet the federal Centers for Medicare and Medicaid Services
certification requirements. "Special service" includes physical
therapy services, occupational therapy services, or speech pathology
and audiology services provided by a nursing facility, as defined in
subdivision (k) of Section 1250, to outpatients. 
   (b) Notwithstanding subdivision (a), "special service" also means
special services as may be approved by the department for nursing
facilities and skilled nursing facilities that are not identified by
regulations of the department, if the licensee can demonstrate to the
satisfaction of the department that the special service will operate
in accordance with a minimum standard of quality of care. Approved
special services shall be listed on the facility license. Failure to
maintain the agreed upon minimum standard of quality of care shall
result in approval for the special service being terminated. A
licensee applying to the department for approval of special services
that are not identified by regulations of the department pursuant to
this subdivision shall submit all the following information for the
department's consideration:  
   (1) A completed application on forms prescribed by the department,
with additional documentation or data, as required by the
department, that clearly identifies the scope of the special service
proposed to be provided.  
   (2) The hours of operation for the special service.  
   (3) Whether the service is to be provided solely to the residents
of the facility or also on an outpatient basis. If the service is to
be provided on an outpatient basis, the licensee shall specify the
population to be served.  
   (4) A copy of the special service policies and procedures for
review and approval.  
   (5) The minimum staffing levels and qualifications for the
proposed special service, sufficient to meet the needs of the
residents and patients.  
   (6) Identification of the equipment and supplies necessary to meet
the needs of residents and patients receiving care in the special
service.  
   (7) Identification of an appropriate space within the facility to
be used to provide the special service. A special service that is
provided on an outpatient basis shall not be provided in a space that
would require outpatients to transverse areas where resident
sleeping rooms are located.  
   (8) Confirmation that the applicable building, zoning, and fire
safety standards for the proposed use of the special service space
are met.  
   (b) 
    (c)  This section does not limit the department's
ability to evaluate compliance with the therapy requirements for
nursing facilities and skilled nursing facilities established in
Title 22 of the California Code of Regulations during investigations
or inspections, including, but not limited to, inspections conducted
pursuant to Section 1422, or to limit the department's ability to
enforce the therapy requirements.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.