California Legislature—2013–14 Regular Session

Assembly Bill No. 2612

Introduced by Assembly Member Dababneh

February 21, 2014

An act to amend Section 1250.2 of the Health and Safety Code, relating to health facility licensing.

LEGISLATIVE COUNSEL’S DIGEST

AB 2612, as introduced, Dababneh. Health facilities: licensing: psychiatric health facility.

Existing law provides for the licensure and regulation by the State Department of Public Health of health facilities. Under existing law, a health facility includes a psychiatric health facility, as defined to mean a health facility, licensed by the State Department of Health Care Services, that provides 24-hour inpatient care for mentally disordered, incompetent, or other specified persons.

This bill would make technical, nonsubstantive changes to these provisions.

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

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

SECTION 1.  

Section 1250.2 of the Health and Safety Code is
amended to read:

1250.2.  

(a) (1) As defined in Section 1250, “health facility”
includes a “psychiatric health facility,” defined to mean a health
facility, licensed by the State Department of Health Care Services,
that provides 24-hour inpatient care for mentally disordered,
incompetent, or other persons described in Division 5 (commencing
with Section 5000) or Division 6 (commencing with Section 6000)
of the Welfare and Institutions Code. This care shall include, but
not be limited to, the following basic services: psychiatry, clinical
psychology, psychiatric nursing, social work, rehabilitation, drug
administration, and appropriate food services for those persons
whose physical health needs can be met in an affiliated hospital
or in outpatient settings.

(2) It is the intent of the Legislature that begin delete the end delete begin insert a end insert psychiatric health
facility shall provide a distinct type of service to psychiatric
patients in a 24-hour acute inpatient setting. The State Department
of Health Care Services shall require regular utilization reviews
of admission and discharge criteria and lengths of stay in order to
begin delete assure end delete begin insert ensure end insert that these patients are moved to less restrictive levels
of care as soon as appropriate.

(b) (1) The State Department of Health Care Services may issue
a special permit to a psychiatric health facility for begin delete it end delete begin insert that facility end insert
to provide structured outpatient services (commonly referred to
as SOPS) consisting of morning, afternoon, or full daytime
organized programs, not exceeding 10 hours, for acute daytime
care for patients admitted to the facility. This subdivision shall not
be construed as requiring a psychiatric health facility to apply for
a special permit to provide these alternative levels of care.

(2) The Legislature recognizes that, with access to structured
outpatient services, as an alternative to 24-hour inpatient care,
certain patients would be provided with effective intervention and
less restrictive levels of care. The Legislature further recognizes
that, for certain patients, the less restrictive levels of care eliminate
the need for inpatient care, enable earlier discharge from inpatient
care by providing a continuum of care with effective aftercare
services, or reduce or prevent the need for a subsequent readmission
to inpatient care.

(c)  begin delete Any reference end delete begin insert Reference end insert in any statute to Section 1250 of
the Health and Safety Code shall be deemed and construed to also
be a reference to this section.

(d) Notwithstanding any other begin delete provision of end delete law, and to the extent
consistent with federal law, a psychiatric health facility shall be
eligible to participate in the medicare program under Title XVIII
of the federal Social Security Act (42 U.S.C. Sec. 1395 et seq.),
and the medicaid program under Title XIX of the federal Social
Security Act (42 U.S.C. Sec. 1396 et seq.), if all of the following
conditions are met:

(1) The facility is a licensed facility.

(2) The facility is in compliance with all related statutes and
regulations enforced by the State Department of Health Care
Services, including regulations contained in Chapter 9
(commencing with Section 77001) of Division 5 of Title 22 of the
California Code of Regulations.

(3) The facility meets the definitions and requirements contained
in subdivisions (e) and (f) of Section 1861 of the federal Social
Security Act (42 U.S.C. Sec. 1395x(e) and (f)), including the
approval process specified in Section 1861(e)(7)(B) of the federal
Social Security Act (42 U.S.C. Sec. 1395x(e)(7)(B)), which
requires that the state agency responsible for licensing hospitals
has assured that the facility meets licensing requirements.

(4) The facility meets the conditions of participation for hospitals
pursuant to Part 482 of Title 42 of the Code of Federal Regulations.