BILL NUMBER: SB 749 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Morrell
FEBRUARY 27, 2015
An act to amend Section 1596.65 of the Health and Safety
Code, relating to child care. Sections 1726, 1747, and
1748 of, and to repeal and add Section 1747.1 of, the Health and
Safety Code, relating to home health agencies.
LEGISLATIVE COUNSEL'S DIGEST
SB 749, as amended, Morrell. Child care: trustline
registry. Home health agencies: hospice care.
Existing law provides for the licensure and regulation of home
health agencies by the State Department of Public Health. Existing
law requires all private or public organizations that provide or
arrange for skilled nursing services to patients in the home to
obtain a home health agency license.
Existing law, the California Hospice Licensure Act of 1990 (the
act), provides for the licensure and regulation by the State
Department of Public Health of persons or agencies that provide
hospice services to persons, and the families of persons, who are
experiencing the last phases of life due to a terminal disease. The
act prohibits a person, political subdivision of the state, or other
governmental agency from establishing or operating a hospice without
first obtaining a license. Existing federal law also provides for the
certification of hospice care for purposes of Medicare
reimbursement. Existing law exempts a hospice program certified in
accordance with federal Medicare hospice conditions of participation
from the requirement to obtain a license pursuant to the act, but
provides that the program is subject to home health agency licensure
unless it elects to apply for hospice licensure.
This bill instead would exempt a licensed home health agency from
the requirement to obtain a license to provide hospice services if
the hospice program is certified in accordance with federal Medicare
hospice conditions of participation or is in the process of obtaining
that certification. The bill would also make conforming changes.
Existing law requires the State Department of Social Services to
establish a trustline registry for trustline providers who meet
prescribed requirements. Existing law defines a trustline provider as
a person 18 years of age or older who provides child care,
supervision, or in-home educational or counseling services, and who
is not required to be licensed as a child day care facility. Existing
law prohibits an employment agency from making a referral of a child
care provider unless the child care provider is a trustline
applicant or registered child care provider.
This bill would make a technical, nonsubstantive change to a
provision related to the trustline registry.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1726 of the Health
and Safety Code is amended to read:
1726. (a) No A private or public
organization, including, but not limited to, any partnership,
corporation, political subdivision of the state, or other
governmental agency within the state, shall not provide,
or arrange for the provision of, skilled nursing services in the home
in this state without first obtaining a home health agency license.
(b) No A private or
public organization, including, but not limited to, any partnership,
corporation, or political subdivision of the state, or other
governmental agency within the state, shall not do any of
the following unless it is licensed under this chapter:
(1) Represent itself to be a home health agency by its name or
advertisement, soliciting, or any other presentments to the public,
or in the context of services within the scope of this chapter imply
that it is licensed to provide those services or to make any
reference to employee bonding in relation to those services.
(2) Use the words "home health agency," "home health,"
"home-health," "homehealth," or "in-home health," or any combination
of those terms, within its name.
(3) Use the words "skilled" or "nursing," or any combination of
those terms within its name, to imply that it is licensed as a home
health agency to provide those services.
(c) In implementing the system of licensing for home health
agencies, the department shall distinguish between the functions of a
home health agency and the functions of an employment agency or a
licensed nurses' registry pursuant to Title 2.91 (commencing with
Section 1812.500) of Part 4 of Division 3 of the Civil Code. An
employment agency or a licensed nurses' registry performing its
functions as specified in Title 2.91 (commencing with Section
1812.500) of Part 4 of Division 3 of the Civil Code is not required
to secure a home health agency license under subdivision (a), unless
it is performing the functions of a home health agency, as defined in
this chapter. However, subdivision (b) shall apply to an employment
agency or a licensed nurses' registry that is not licensed under this
chapter.
(d) A hospice home health agency is
not required to secure a home health agency license under
subdivision (a). However, subdivision (b) shall apply to a hospice
that is not licensed under this chapter. hospice
license pursuant to Section 1747 in order to become certified to
provide hospice care.
SEC. 2. Section 1747 of the Health and
Safety Code is amended to read:
1747. (a) No A person, political
subdivision of the state, or other governmental agency, that
is not operating a hospice as of January 1, 1991,
agency shall not establish or operate a hospice
without first obtaining a license under this chapter.
chapter, unless it is a licensed home health agency
that is exempt pursuant to Section 1747.1.
(b) Any person, political subdivision of the state, or other
governmental agency, that is operating a hospice as of January 1,
1991, may continue to operate the hospice only under the following
conditions:
(1) The person, political subdivision of the state, or other
governmental agency shall apply to the state department for a license
under this chapter within 60 days after forms for the application of
licensure under this chapter are available from the state
department.
(2) The person, political subdivision of the state, or other
governmental agency shall cease calling or referring to itself as a
hospice upon the final decision of the director upholding the state
department's denial of an application for licensure under this
chapter.
(c) Nothing in this chapter shall preclude the ongoing use of the
title "volunteer hospice" by those organizations that satisfy all of
the following:
(1) They do not provide skilled nursing services.
(2) They do not charge patients or families for hospice services,
and they do not receive third-party insurance payments for services
rendered.
(3) They satisfy the disclosure requirements specified in
subdivision (c) of Section 1748.
(d) A small and rural hospice is exempt from the licensing
provisions of this chapter and the disclosure requirements of
subdivision (c) of Section 1748. A small and rural hospice may
provide skilled nursing services and may use the title "volunteer
hospice." For
(e) For purposes of this chapter,
a "small and rural hospice" means a hospice that provides services
to less than 50 patients per year, does not charge for services, does
not receive third-party payment for services rendered, and is not
located in a standard metropolitan statistical area.
SEC. 3. Section 1747.1 of the Health
and Safety Code is repealed.
1747.1. A hospice program certified in accordance with federal
Medicare hospice conditions of participation shall be exempt from
subdivision (a) of Section 1747, but shall be subject to Section 1726
unless it elects to apply for hospice licensure. A hospice program
that elects to apply for hospice licensure shall thereafter be
subject to all the hospice licensure requirements set forth in this
chapter.
SEC. 4. Section 1747.1 is added to the
Health and Safety Code , to read:
1747.1. A home health agency licensed pursuant to Section 1726 is
exempt from the requirement to obtain a license pursuant to Section
1747 if the hospice program is certified in accordance with federal
Medicare hospice conditions of participation. A home health agency
may provide hospice care if the agency is in the process of obtaining
that certification. The hospice certification process shall commence
no later than the commencement of the process for recertification as
a home health agency, unless the home health agency is otherwise
exempt from the hospice certification process.
SEC. 5. Section 1748 of the Health and
Safety Code is amended to read:
1748. (a) Except as otherwise provided in subdivision
(b) (a), (b), or (d) of Section 1747,
no a person, political subdivision of the state,
or other governmental agency shall not establish,
conduct, maintain, or represent itself as a hospice unless a license
has been issued under this chapter. Multiple locations need not
obtain a separate license. Multiple locations shall be listed on the
license of the parent agency and each shall pay a licensing fee in
the amount prescribed by subdivision (a) of Section 1750.
(b) Any person, political subdivision of the state, or other
governmental agency desiring a license to establish a hospice shall
file with the state department a verified application on a form
prescribed and furnished by the state department which contains any
information as may be required by the state department for the proper
administration and enforcement of this chapter.
(c) Any hospice that is not required to obtain a license under
this chapter shall disclose in all advertisements and information
provided to the public all of the following information:
(1) It is not required to be licensed and is not regulated by the
state department.
(2) Any complaint against the hospice should be directed to the
local district attorney and the state department.
(3) Any complaint against personnel licensed by a board or
committee within the Department of Consumer Affairs and employed by
the hospice should be directed to the respective board or committee.
Any complaint against a certified home health aide or certified nurse
assistant shall be directed to the state department.
The address and phone number of any state agency, board, or
committee which is responsible for addressing complaints shall be
provided by the hospice, upon request, to any patient of the hospice.
SECTION 1. Section 1596.65 of the Health and
Safety Code is amended to read:
1596.65. (a) An employment agency, as defined in Section
1812.501 of the Civil Code, that refers a child care provider to
parents or guardians who are not required to be a licensed child day
care facility shall not make a placement of a child care provider who
is not a trustline applicant or a registered child care provider.
(b) A violation of this section is a misdemeanor and shall be
punishable by a fine of one hundred dollars ($100).