BILL NUMBER: AB 1974 CHAPTERED
BILL TEXT
CHAPTER 288
FILED WITH SECRETARY OF STATE AUGUST 25, 2014
APPROVED BY GOVERNOR AUGUST 25, 2014
PASSED THE SENATE AUGUST 7, 2014
PASSED THE ASSEMBLY AUGUST 11, 2014
AMENDED IN SENATE AUGUST 5, 2014
AMENDED IN SENATE JUNE 10, 2014
AMENDED IN ASSEMBLY MAY 1, 2014
AMENDED IN ASSEMBLY APRIL 1, 2014
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, 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, as
defined, 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 those services are provided solely to meet the federal
Centers for Medicare and Medicaid Services certification
requirements. The bill would specify that a "special service"
includes physical therapy services, occupational therapy services, or
speech pathology and audiology services provided by a nursing
facility to outpatients and 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.
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 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) 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.