BILL NUMBER: SB 1248	CHAPTERED  07/13/99

	CHAPTER   114
	FILED WITH SECRETARY OF STATE   JULY 13, 1999
	APPROVED BY GOVERNOR   JULY 13, 1999
	PASSED THE SENATE   JULY 1, 1999
	PASSED THE ASSEMBLY   JUNE 30, 1999
	AMENDED IN ASSEMBLY   JUNE 28, 1999

INTRODUCED BY   Senator Johannessen
   (Coauthors:  Senators Knight and Rainey)
   (Coauthors:  Assembly Members Alquist, Kuehl, Longville, Margett,
Robert Pacheco, and Runner)

                        FEBRUARY 26, 1999

   An act to amend Section 1569.73 of the Health and Safety Code,
relating to community care facilities, and declaring the urgency
thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1248, Johannessen.  Residential care facilities for the
elderly:  terminally ill residents:  waiver.
   Existing law provides for the licensure and regulation of
residential care facilities for the elderly by the State Department
of Social Services.
   Existing law prohibits any person who requires 24-hour skilled
nursing or intermediate care, or who is bedridden, other than for a
temporary illness or for recovery from surgery, from being a resident
at a residential care facility for the elderly.
   Existing law authorizes the waiver of this prohibition to allow a
resident who has been diagnosed as terminally ill to remain in the
facility when certain requirements are met, including that the
resident has resided in the facility for a period of at least 6
months prior to a physician's authorization for hospice services.
   This bill would delete the requirement that the resident has
resided in the facility for a period of at least 6 months prior to a
physician's authorization for hospice services.
   This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1569.73 of the Health and Safety Code is
amended to read:
   1569.73.  (a) Notwithstanding Section 1569.72 or any other
provision of law, a residential care facility for the elderly may
obtain a waiver from the department for the purpose of allowing a
resident who has been diagnosed as terminally ill by his or her
physician or surgeon to remain in the facility when all the following
conditions are met:
   (1) The facility agrees to retain the terminally ill resident and
to seek a waiver on behalf of the individual, provided the individual
has requested the waiver and is capable of deciding to obtain
hospice services.
   (2) The terminally ill resident has obtained the services of a
hospice certified in accordance with federal medicare conditions of
participation and licensed pursuant to Chapter 8 (commencing with
Section 1725) or Chapter 8.5 (commencing with Section 1745).
   (3) The facility, in the judgment of the department, has the
ability to provide care and supervision appropriate to meet the needs
of the terminally ill resident, and is in substantial compliance
with regulations governing the operation of residential care
facilities for the elderly.
   (4) The hospice has agreed to design and provide for care,
services, and necessary medical intervention related to the terminal
illness as necessary to supplement the care and supervision provided
by the facility.
   (5) An agreement has been executed between the facility and the
hospice regarding the care plan for the resident.  The care plan
shall designate the primary caregiver, identify other caregivers, and
outline the tasks the facility is responsible for performing and the
approximate frequency with which they shall be performed.  The care
plan shall specifically limit the facility's role for care and
supervision to those tasks allowed under this chapter.
   (6) The facility has obtained the agreement of those residents who
share the same room with the terminally ill resident to allow the
hospice caregivers into their residence.
   (b) At any time that the licensed hospice, the facility, or the
terminally ill resident determines that the resident's condition has
changed so that continued residence in the facility will pose a
threat to the health and safety to the terminally ill resident or any
other resident, the facility may initiate procedures for a transfer.

   (c) Nothing in this section is intended to expand the scope of
care and supervision for a residential care facility for the elderly
as defined in this act, nor shall a facility be required to alter or
extend its license in order to retain a terminally ill resident as
authorized by this section.
   (d) Nothing in this section shall require any care or supervision
to be provided by the residential care facility for the elderly
beyond that which is permitted in this chapter.
   (e) Nothing in this section is intended to expand the scope of
life care contracts or the contractual obligation of continuing care
retirement communities as defined in Section 1771.
   (f) The department shall not be responsible for the evaluation of
medical services provided to the resident by the hospice and shall
have no liability for the independent acts of the hospice.
   (g) Nothing in this section shall be construed to relieve a
licensed residential care facility for the elderly of its
responsibility to notify the appropriate fire authority of the
presence of a bedridden resident in the facility as required under
subdivision (e) of Section 1569.72, and to obtain and maintain a fire
clearance as required under Section 1569.149.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to permit as soon as possible certain residents diagnosed
as terminally ill to remain in residential care facilities for the
elderly, it is necessary that this act take effect immediately.