Amended in Assembly April 4, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2341

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 amended, 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 begin delete special end delete begin insert dialysis, peritoneal, and infusion end insert 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 begin delete of care. end delete begin insert for quality of care. end insert 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) 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 begin delete special end delete begin insert dialysis, peritoneal, and infusion end insert 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 begin delete of end delete begin insert for end insert quality of care. begin insert The minimum
standard for quality of care for the special service under this
subdivision shall be equivalent to, or greater than, that of current
community standards for quality of care for that type of service. end insert
Approved special services shall be listed on the facility license.
Failure to maintain the agreed upon minimum standard begin delete of end delete begin insert for end insert
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 begin delete transverse end delete begin insert traverse end insert 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.

begin insert

(9) Any other relevant information requested by the department.

end insert

(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.