California Senate Bill SB534 Amended / Bill

 BILL NUMBER: SB 534AMENDED BILL TEXT AMENDED IN SENATE APRIL 9, 2013 INTRODUCED BY Senator Hernandez FEBRUARY 21, 2013 An act to amend Sections 1225  , 1242,  and 1275.3 of  , and to add   Sections 1735.1 and 1755.1 to,  the Health and Safety Code, relating to health and care facilities. LEGISLATIVE COUNSEL'S DIGEST SB 534, as amended, Hernandez. Health and care facilities. Existing law establishes the State Department of Public Health and sets forth  is   its  powers and duties, including, but not limited to, the licensure and regulation of primary care clinics  ,   and  specialty clinics  , home health agencies, and hospice providers  . Violation of these provisions is a crime. This bill would, until the department adopts regulations relating to the provision of services by a chronic dialysis clinic, a surgical clinic, or a rehabilitation clinic, require those clinics to comply with prescribed federal certification standards in effect immediately preceding January 1, 2013. Because a violation of that requirement would be a crime, the bill would impose a state-mandated local program. Existing law requires the State Department of Public Health and the State Department of Developmental Services to jointly develop and implement licensing regulations appropriate for intermediate care  facilities/developmentally   facility/developmentally  disabled-nursing and intermediate care facility/developmentally disabled-continuous nursing. This bill would, until the departments adopt those regulations, require that the facilities comply with applicable federal certification standards for intermediate care facilities for individuals with intellectual disabilities in effect immediately preceding January 1, 2013.  Existing law authorizes the State Department of Public Health to temporarily suspend the license or special permit of a specialty clinic prior to a hearing if the action is necessary to protect the public health.   This bill would establish similar authority for temporary suspension of a license for a primary care clinic, home health agency and for a provider of hospice services, and would make technical and conforming changes.  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 1225 of the Health and Safety Code is amended to read: 1225. (a) The state department shall adopt, and may from time to time amend or repeal, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, reasonable rules and regulations as may be necessary or proper to carry out the purposes and intent of this chapter and to enable the state department to exercise the powers and perform the duties conferred upon it by this chapter, not inconsistent with any of the provisions of any statute of this state. (b) The rules and regulations for primary care clinics shall be separate and distinct from the rules and regulations for specialty clinics. (c) All regulations relating to licensed clinics in effect on December 31, 1977,  which   that  were adopted by the state department, shall remain in full force and effect until altered, amended, or repealed by the director. (d) Until the state department adopts regulations relating to the provision of services by a chronic dialysis clinic, a surgical clinic, or a rehabilitation clinic, the following clinics licensed or seeking licensure shall comply with the following federal certification standards in effect immediately preceding January 1, 2013: (1) A chronic dialysis clinic shall comply with applicable federal certification standards for an end stage renal disease clinic. (2) A surgical clinic  , as defined in subdivision (b) of Section 1204,  shall comply with applicable federal certification standards for an ambulatory surgical clinic. (3) A rehabilitation clinic shall comply with applicable federal certification standards for a comprehensive outpatient rehabilitation facility.  SEC. 2.   Section 1242 of the Health and Safety Code is amended to read: 1242. (a) The director may temporarily suspend any license issued to a clinic, defined in Section 1204, or special permit prior to any hearing, when in his or her opinion the action is necessary to protect the public welfare. The director shall notify the licensee or holder of a special permit of the temporary suspension and the effective date thereof, and at the same time shall serve the licensee or holder of a special permit with an accusation. (b) Upon receipt of a notice of defense by the licensee or holder of a special permit, the director shall request that the matter be set for hearing within 30 days after receipt of the notice. The temporary suspension shall remain in effect until the hearing is completed and the director has made a final determination on the merits; provided, however, that the temporary suspension shall be deemed vacated if the director fails to make a final determination on the merits within 60 days after the original hearing has been completed. (c) If this chapter or the rules or regulations promulgated by the director are violated by a licensed clinic or holder of a special permit which is a group, corporation, or other association, the director may suspend the license or special permit of that organization or may suspend the license or special permit as to any individual person within the organization who is responsible for the violation.   SEC. 3.  SEC. 2.  Section 1275.3 of the Health and Safety Code is amended to read: 1275.3. (a) The State Department of Public Health and the State Department of Developmental Services shall jointly develop and implement licensing regulations appropriate for intermediate care  facilities/developmentally   facility/developmentally  disabled-nursing and intermediate care facility/developmentally disabled-continuous nursing. (b) The regulations adopted pursuant to subdivision (a) shall ensure that residents of intermediate care  facilities/developmentally   facility/developmentally  disabled-nursing and intermediate care facility/developmentally disabled-continuous nursing receive appropriate medical and nursing services, and developmental program services in a normalized, least restrictive physical and programmatic environment appropriate to individual resident need. In addition, the regulations shall do all of the following: (1) Include provisions for the completion of a clinical and developmental assessment of placement needs, including medical and other needs, and the degree to which they are being met, of clients placed in an intermediate care facility/developmentally disabled-nursing and intermediate care facility/developmentally disabled-continuous nursing and for the monitoring of these needs at regular intervals. (2) Provide for maximum utilization of generic community resources by clients residing in a facility. (3) Require the State Department of Developmental Services to review and approve an applicant's facility program plan as a prerequisite to the licensing and certification process. (4) Require that the physician providing the certification that placement in the intermediate care facility/developmentally disabled-nursing or intermediate care facility/developmentally disabled-continuous nursing is needed, consult with the physician who was the physician of record at the time the person's proposed placement is being considered by the interdisciplinary team. (c) Until the departments adopt regulations pursuant to this section, relating to services by intermediate care facilities/developmentally disabled-nursing, licensed intermediate care facilities/developmentally disabled-nursing shall comply with applicable federal certification standards for intermediate care facilities for individuals with intellectual disabilities in effect immediately preceding January 1, 2013. (d) Nothing in this section supersedes the authority of the State Fire Marshal pursuant to Sections 13113, 13113.5, 13143, and 13143.6 to the extent that these sections are applicable to community care facilities.  SEC. 4.   Section 1735.1 is added to the Health and Safety Code, to read: 1735.1. (a) The director may temporarily suspend any license prior to any hearing when, in his or her opinion, the action is necessary to protect the public welfare. The director shall notify the licensee of the temporary suspension and the effective date thereof and, at the same time, shall serve the licensee with an accusation. (b) Upon receipt of a notice of defense by the licensee the director shall, within 15 days, request that the matter be set for hearing, which shall be held as soon as possible but not later than 30 days after receipt of the notice. The temporary suspension shall remain in effect until the hearing is completed and the director has made a final determination on the merits. However, the temporary suspension shall be deemed vacated if the director fails to make a final determination on the merits within 60 days after the original hearing has been completed. (c) If this chapter, or regulations adopted pursuant to this chapter, are violated by a licensee that is a group, corporation, or other association, the director may suspend the license of that organization or may suspend the license as to any individual or person within the organization who is responsible for the violation.   SEC. 5.   Section 1755.1 is added to the Health and Safety Code, to read: 1755.1. (a) The director may temporarily suspend any license prior to any hearing when, in his or her opinion, the action is necessary to protect the public welfare. The director shall notify the licensee of the temporary suspension and the effective date thereof and, at the same time, shall serve the licensee with an accusation. (b) Upon receipt of a notice of defense by the licensee the director shall, within 15 days, request that the matter be set for hearing, which shall be held as soon as possible but not later than 30 days after receipt of the notice. The temporary suspension shall remain in effect until the hearing is completed and the director has made a final determination on the merits. However, the temporary suspension shall be deemed vacated if the director fails to make a final determination on the merits within 60 days after the original hearing has been completed. (c) If this chapter, or regulations adopted pursuant to this chapter, are violated by a licensee that is a group, corporation, or other association, the director may suspend the license of that organization or may suspend the license as to any individual or person within the organization who is responsible for the violation.   SEC. 6.   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.