BILL ANALYSIS �
AB 1974
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Date of Hearing: May 14, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 1974 (Quirk) - As Amended: May 1, 2014
Policy Committee: HealthVote:19-0
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill, for purposes of health facility licensure and
certification, exempts units of nursing facilities organized to
provide physical therapy services, occupational therapy
services, or speech pathology and audiology services to
residents of the facility from the definition of "special
services" that require state approval.
FISCAL EFFECT
Minor and absorbable costs to the Department of Public Health to
apply this change to licensure practice, and minor commensurate
reduced workload.
COMMENTS
1)Purpose . AB 1974 would exempt certified nursing facilities
from being subject to a state application process to provide
the specified therapy services, when the facility only
provides the therapy services to their residents. Since these
services are mandated by the federal government in order to
maintain certification for payment through Medicare and
Medicaid with the federal Center for Medicaid and Medicare
Services (CMS), the state process is duplicative. This bill
would eliminate it.
2)Background . Current state licensing regulations detailed in
the California Code of Regulations (CCR) Title 22 specify the
required services a facility must provide in order to be
licensed as a skilled nursing facility, and also identify
special, optional services. Physical therapy, occupational
therapy, speech pathology and audiology services are special,
AB 1974
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optional services under state regulations and require an
application and state approval. Federal requirements in Title
42 of the Code of Federal Regulations (42 CFR) Section 483.45
require all certified nursing facilities to have access to
physical therapy, occupational therapy, and speech pathology
and audiology services. The facility can choose to provide
these services or obtain the required services from an outside
provider of specialized rehabilitative services.
In response to concerns state law was not being enforced, SB
1312 (Alquist), Chapter 895, Statutes of 2006 specified that
inspections and investigations of long-term health care
facilities shall determine compliance with both federal
standards and California statutes and regulations. The state
now enforces both state licensure law and federal
certification standards. Facilities held to the more
stringent or precise requirement when there is an overlap in
state and federal requirements.
Analysis Prepared by : Lisa Murawski / APPR. / (916) 319-2081