Amended in Senate June 10, 2014

Amended in Assembly May 1, 2014

Amended in Assembly April 1, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1974


Introduced by Assembly Member Quirk

February 19, 2014


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

LEGISLATIVE COUNSEL’S DIGEST

AB 1974, as amended, Quirk. 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. 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.

The bill would specify that a “special service” does not include a functional division, department, or unit of a nursing facility that is certified to participate as a provider in the Medicare or Medi-Cal program and that is organized, staffed, and equipped to providebegin insert inpatientend insert physical therapy services, occupational therapy services, or speech pathology and audiology services to residents of the facility.begin insert The bill would state that these provisions do not limit the department’s ability to enforce or evaluate compliance with specified therapy requirements during investigations or inspections.end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 1252 of the Health and Safety Code is
2amended to read:

3

1252.  

begin insert(a)end insertbegin insertend insert“Special service” means a functional division,
4department, or unit of a health facility that is organized, staffed,
5and equipped to provide a specific type or types of patient care
6and that has been identified by regulations of the state department
7and for which the state department has established special standards
8for quality of care. “Special service” does not include a functional
9division, department, or unit of a nursing facility, as defined in
10subdivision (k) of Section 1250,begin insert that is Medicare or Medi-Cal
11certified andend insert
that is organized, staffed, and equipped to provide
12begin insert inpatientend insert physical therapy services, occupational therapy services,
13or speech pathology and audiology services to residents of the
14facility.

begin insert

15(b) This section does not limit the department’s ability to
16evaluate compliance with the therapy requirements for nursing
17facilities and skilled nursing facilities established in Title 22 of
18the California Code of Regulations during investigations or
19inspections, including, but not limited to, inspections conducted
20pursuant to Section 1422, or to limit the department’s ability to
21enforce the therapy requirements.

end insert


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