California Senate Bill SB554 Introduced / Bill

 BILL NUMBER: SB 554INTRODUCED BILL TEXT INTRODUCED BY Senator Yee FEBRUARY 17, 2011 An act to amend Section 1279 of, and to add Section 1280.7 to, the Health and Safety Code, relating to health facilities. LEGISLATIVE COUNSEL'S DIGEST SB 554, as introduced, Yee. Health facilities: nurse-to-patient ratios. Existing law provides for the regulation and inspection of health facilities by the State Department of Public Health. Existing law requires the department, with regard to general acute care hospitals, acute psychiatric hospitals, and special hospitals, to adopt regulations that establish certain minimum nurse-to-patient ratios, and requires these health facilities to adopt written policies and procedures for training and orientation of nursing staff. Violation of these provisions is a misdemeanor. This bill would specifically include an inspection for compliance with the nurse-to-patient ratio requirements within an inspection for compliance with existing regulations. The bill would require an inspection for compliance with a filed plan of correction for a hospital notified of a deficiency in compliance with the nurse-to-patient ratio requirements and would require the imposition of administrative penalties, as specified. It would require the notice of deficiency regarding the nurse-to-patient ratio requirements, as well as an approved plan of correction, to be posted in the nurses' station or designated nurses' area of the unit of the health facility where the deficiency occurred. By creating new crimes, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1279 of the Health and Safety Code is amended to read: 1279. (a) Every health facility for which a license or special permit has been issued shall be periodically inspected by the department, or by another governmental entity under contract with the department. The frequency of inspections shall vary, depending upon the type and complexity of the health facility or special service to be inspected, unless otherwise specified by state or federal law or regulation. The inspection shall include participation by the California Medical Association consistent with the manner in which it participated in inspections, as provided in Section 1282 prior to September 15, 1992. (b) Except as provided in subdivision (c), inspections shall be conducted no less than once every two years and as often as necessary to ensure the quality of care being provided. (c) For a health facility specified in subdivision (a), (b), or (f) of Section 1250, inspections shall be conducted no less than once every three years, and as often as necessary to ensure the quality of care being provided. (d) During the inspection, the representative or representatives shall offer such advice and assistance to the health facility as they deem appropriate. (e) For acute care hospitals of 100 beds or more, the inspection team shall include at least a physician, registered nurse, and persons experienced in hospital administration and sanitary inspections. During the inspection, the team shall offer advice and assistance to the hospital as it deems appropriate. (f) The department shall ensure that a periodic inspection conducted pursuant to this section is not announced in advance of the date of inspection. An inspection may be conducted jointly with inspections by entities specified in Section 1282. However, if the department conducts an inspection jointly with an entity specified in Section 1282 that provides notice in advance of the periodic inspection, the department shall conduct an additional periodic inspection that is not announced or noticed to the health facility. (g) Notwithstanding any other  provision of  law, the department shall inspect for compliance with  provisions of  state law  , including, but not limited to   ,   Section 1276.4,  and regulations during a state periodic inspection or at the same time as a federal periodic inspection, including, but not limited to, an inspection required under this section.  If a health facility has been notified of a deficiency in its compliance with Section 1276.4 and the health facility files a plan of correction   ,   the department shall also inspect for compliance with this plan of correction.  If the department inspects for compliance with state law and regulations at the same time as a federal periodic inspection, the inspection shall be done consistent with the guidance of the federal Centers for Medicare and Medicaid Services for the federal portion of the inspection. (h) The department shall emphasize consistency across the state and its district offices when conducting licensing and certification surveys and complaint investigations, including the selection of state or federal enforcement remedies in accordance with Section 1423. The department may issue federal deficiencies and recommend federal enforcement actions in those circumstances where they provide more rigorous enforcement action. SEC. 2. Section 1280.7 is added to the Health and Safety Code, to read: 1280.7. (a) If a health facility has been notified of a deficiency in its compliance with Section 1276.4, the notice of deficiency, along with an approved plan of correction, shall be posted in the nurses' station or designated nurses' area of the unit of the health facility where the deficiency occurred until the department determines that the health facility has complied with the approved plan of correction. (b) (1) Notwithstanding Section 1280.3, the department shall assess an administrative penalty in the amount of ten thousand dollars ($10,000) for the fourth and for each subsequent violation of Section 1276.4 within a continuous six-month period. (2) Notwithstanding Section 1280.3, and in addition to an administrative penalty assessed pursuant to paragraph (1), the department shall also assess an administrative penalty in the amount of ten thousand dollars ($10,000) for the failure of a health facility to comply with an approved plan of correction filed with the department in response to a deficiency in compliance with Section 1276.4. (c) Moneys collected by the department as a result of administrative penalties imposed under this section shall be deposited in the Licensing and Certification Program Fund established pursuant to Section 1266.9. These moneys shall be tracked and available for expenditure, upon appropriation by the Legislature, to support internal departmental quality improvement activities. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.