California 2017-2018 Regular Session

California Assembly Bill AB1953 Compare Versions

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1-Assembly Bill No. 1953 CHAPTER 383 An act to add Section 128734 to the Health and Safety Code, relating to health care facilities. [ Approved by Governor September 14, 2018. Filed with Secretary of State September 14, 2018. ] LEGISLATIVE COUNSEL'S DIGESTAB 1953, Wood. Skilled nursing facilities: disclosure of interests in business providing services.Existing law requires each applicant for a license to operate a skilled nursing facility or intermediate care facility to disclose to the State Department of Public Health, among other things, the names and addresses of any person or organization, or both, having an ownership or control interest of 5% or more in a management company that operates, or is proposed to operate, the facility.Existing law requires an organization that operates, conducts, owns, or maintains a health facility, and the officers of the health facility, to make and file with the Office of Statewide Health Planning and Development, at the times as the office requires, a report that includes certain accounting information, including, but not limited to, a balance sheet detailing assets, liabilities, and net worth of the health facility, a statement of income, expenses, and operating surplus or deficit, and a statement of cashflows. Existing law provides civil penalties for a violation of that provision.As part of that report, effective January 1, 2020, this bill would require an organization that operates, conducts, owns, or maintains a skilled nursing facility to additionally report to the office whether the licensee, or a general partner, director, or officer of the licensee, has an ownership or control interest of 5% or more in a related party, as defined, that provides any service to the skilled nursing facility. The bill would specifically require the licensee under those circumstances to disclose all services provided to the skilled nursing facility, the number of individuals who provide that service at the skilled nursing facility, and any other information requested by the office. If goods, fees, and services collectively worth $10,000 or more per year are to be delivered to the skilled nursing facility, the bill would require the disclosure to include the related partys profit and loss statement and the Payroll-Based Journal public use data of the previous quarter for the skilled nursing facilitys direct caregivers.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 128734 is added to the Health and Safety Code, to read:128734. (a) Each organization that operates, conducts, owns, or maintains a skilled nursing facility licensed pursuant to subdivision (c) of Section 1250 shall file with the office as part of the information required in subdivisions (a) to (e), inclusive, of Section 128735, whether the licensee, or a general partner, director, or officer of the licensee, has an ownership or control interest of 5 percent or more in a related party that provides any service to the skilled nursing facility. If the licensee, or the general partner, director, or officer of the licensee has such an interest, the licensee shall disclose all services provided to the skilled nursing facility, the number of individuals who provide that service at the skilled nursing facility, and any other information requested by the office. If goods, fees, and services collectively worth ten thousand dollars ($10,000) or more per year are delivered to the skilled nursing facility, the disclosure required pursuant to this subdivision shall include the related partys profit and loss statement, and the Payroll-Based Journal public use data of the previous quarter for the skilled nursing facilitys direct caregivers.(b) For purposes of this section, all of the following definitions shall apply:(1) Direct caregiver shall have the same meaning as that term is defined in Section 1276.65.(2) Profit and loss statement means the most recent annual statement on profits and losses finalized by a related party for the most recent year available.(3) Related party means an organization related to the licensee provider or that is under common ownership or control, as defined in Section 413.17(b) of Title 42 of the Code of Federal Regulations.(c) Current licensees shall provide the information required by this section to the office in a manner prescribed by the office.(d) The provisions of this section shall become effective on January 1, 2020.
1+Enrolled August 31, 2018 Passed IN Senate August 28, 2018 Passed IN Assembly August 29, 2018 Amended IN Senate August 21, 2018 Amended IN Senate August 06, 2018 Amended IN Senate June 25, 2018 Amended IN Senate June 04, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1953Introduced by Assembly Member WoodJanuary 29, 2018 An act to add Section 128734 to the Health and Safety Code, relating to health care facilities. LEGISLATIVE COUNSEL'S DIGESTAB 1953, Wood. Skilled nursing facilities: disclosure of interests in business providing services.Existing law requires each applicant for a license to operate a skilled nursing facility or intermediate care facility to disclose to the State Department of Public Health, among other things, the names and addresses of any person or organization, or both, having an ownership or control interest of 5% or more in a management company that operates, or is proposed to operate, the facility.Existing law requires an organization that operates, conducts, owns, or maintains a health facility, and the officers of the health facility, to make and file with the Office of Statewide Health Planning and Development, at the times as the office requires, a report that includes certain accounting information, including, but not limited to, a balance sheet detailing assets, liabilities, and net worth of the health facility, a statement of income, expenses, and operating surplus or deficit, and a statement of cashflows. Existing law provides civil penalties for a violation of that provision.As part of that report, effective January 1, 2020, this bill would require an organization that operates, conducts, owns, or maintains a skilled nursing facility to additionally report to the office whether the licensee, or a general partner, director, or officer of the licensee, has an ownership or control interest of 5% or more in a related party, as defined, that provides any service to the skilled nursing facility. The bill would specifically require the licensee under those circumstances to disclose all services provided to the skilled nursing facility, the number of individuals who provide that service at the skilled nursing facility, and any other information requested by the office. If goods, fees, and services collectively worth $10,000 or more per year are to be delivered to the skilled nursing facility, the bill would require the disclosure to include the related partys profit and loss statement and the Payroll-Based Journal public use data of the previous quarter for the skilled nursing facilitys direct caregivers.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 128734 is added to the Health and Safety Code, to read:128734. (a) Each organization that operates, conducts, owns, or maintains a skilled nursing facility licensed pursuant to subdivision (c) of Section 1250 shall file with the office as part of the information required in subdivisions (a) to (e), inclusive, of Section 128735, whether the licensee, or a general partner, director, or officer of the licensee, has an ownership or control interest of 5 percent or more in a related party that provides any service to the skilled nursing facility. If the licensee, or the general partner, director, or officer of the licensee has such an interest, the licensee shall disclose all services provided to the skilled nursing facility, the number of individuals who provide that service at the skilled nursing facility, and any other information requested by the office. If goods, fees, and services collectively worth ten thousand dollars ($10,000) or more per year are delivered to the skilled nursing facility, the disclosure required pursuant to this subdivision shall include the related partys profit and loss statement, and the Payroll-Based Journal public use data of the previous quarter for the skilled nursing facilitys direct caregivers.(b) For purposes of this section, all of the following definitions shall apply:(1) Direct caregiver shall have the same meaning as that term is defined in Section 1276.65.(2) Profit and loss statement means the most recent annual statement on profits and losses finalized by a related party for the most recent year available.(3) Related party means an organization related to the licensee provider or that is under common ownership or control, as defined in Section 413.17(b) of Title 42 of the Code of Federal Regulations.(c) Current licensees shall provide the information required by this section to the office in a manner prescribed by the office.(d) The provisions of this section shall become effective on January 1, 2020.
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3- Assembly Bill No. 1953 CHAPTER 383 An act to add Section 128734 to the Health and Safety Code, relating to health care facilities. [ Approved by Governor September 14, 2018. Filed with Secretary of State September 14, 2018. ] LEGISLATIVE COUNSEL'S DIGESTAB 1953, Wood. Skilled nursing facilities: disclosure of interests in business providing services.Existing law requires each applicant for a license to operate a skilled nursing facility or intermediate care facility to disclose to the State Department of Public Health, among other things, the names and addresses of any person or organization, or both, having an ownership or control interest of 5% or more in a management company that operates, or is proposed to operate, the facility.Existing law requires an organization that operates, conducts, owns, or maintains a health facility, and the officers of the health facility, to make and file with the Office of Statewide Health Planning and Development, at the times as the office requires, a report that includes certain accounting information, including, but not limited to, a balance sheet detailing assets, liabilities, and net worth of the health facility, a statement of income, expenses, and operating surplus or deficit, and a statement of cashflows. Existing law provides civil penalties for a violation of that provision.As part of that report, effective January 1, 2020, this bill would require an organization that operates, conducts, owns, or maintains a skilled nursing facility to additionally report to the office whether the licensee, or a general partner, director, or officer of the licensee, has an ownership or control interest of 5% or more in a related party, as defined, that provides any service to the skilled nursing facility. The bill would specifically require the licensee under those circumstances to disclose all services provided to the skilled nursing facility, the number of individuals who provide that service at the skilled nursing facility, and any other information requested by the office. If goods, fees, and services collectively worth $10,000 or more per year are to be delivered to the skilled nursing facility, the bill would require the disclosure to include the related partys profit and loss statement and the Payroll-Based Journal public use data of the previous quarter for the skilled nursing facilitys direct caregivers.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
3+ Enrolled August 31, 2018 Passed IN Senate August 28, 2018 Passed IN Assembly August 29, 2018 Amended IN Senate August 21, 2018 Amended IN Senate August 06, 2018 Amended IN Senate June 25, 2018 Amended IN Senate June 04, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1953Introduced by Assembly Member WoodJanuary 29, 2018 An act to add Section 128734 to the Health and Safety Code, relating to health care facilities. LEGISLATIVE COUNSEL'S DIGESTAB 1953, Wood. Skilled nursing facilities: disclosure of interests in business providing services.Existing law requires each applicant for a license to operate a skilled nursing facility or intermediate care facility to disclose to the State Department of Public Health, among other things, the names and addresses of any person or organization, or both, having an ownership or control interest of 5% or more in a management company that operates, or is proposed to operate, the facility.Existing law requires an organization that operates, conducts, owns, or maintains a health facility, and the officers of the health facility, to make and file with the Office of Statewide Health Planning and Development, at the times as the office requires, a report that includes certain accounting information, including, but not limited to, a balance sheet detailing assets, liabilities, and net worth of the health facility, a statement of income, expenses, and operating surplus or deficit, and a statement of cashflows. Existing law provides civil penalties for a violation of that provision.As part of that report, effective January 1, 2020, this bill would require an organization that operates, conducts, owns, or maintains a skilled nursing facility to additionally report to the office whether the licensee, or a general partner, director, or officer of the licensee, has an ownership or control interest of 5% or more in a related party, as defined, that provides any service to the skilled nursing facility. The bill would specifically require the licensee under those circumstances to disclose all services provided to the skilled nursing facility, the number of individuals who provide that service at the skilled nursing facility, and any other information requested by the office. If goods, fees, and services collectively worth $10,000 or more per year are to be delivered to the skilled nursing facility, the bill would require the disclosure to include the related partys profit and loss statement and the Payroll-Based Journal public use data of the previous quarter for the skilled nursing facilitys direct caregivers.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
4+
5+ Enrolled August 31, 2018 Passed IN Senate August 28, 2018 Passed IN Assembly August 29, 2018 Amended IN Senate August 21, 2018 Amended IN Senate August 06, 2018 Amended IN Senate June 25, 2018 Amended IN Senate June 04, 2018
6+
7+Enrolled August 31, 2018
8+Passed IN Senate August 28, 2018
9+Passed IN Assembly August 29, 2018
10+Amended IN Senate August 21, 2018
11+Amended IN Senate August 06, 2018
12+Amended IN Senate June 25, 2018
13+Amended IN Senate June 04, 2018
14+
15+ CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
416
517 Assembly Bill No. 1953
6-CHAPTER 383
18+
19+Introduced by Assembly Member WoodJanuary 29, 2018
20+
21+Introduced by Assembly Member Wood
22+January 29, 2018
723
824 An act to add Section 128734 to the Health and Safety Code, relating to health care facilities.
9-
10- [ Approved by Governor September 14, 2018. Filed with Secretary of State September 14, 2018. ]
1125
1226 LEGISLATIVE COUNSEL'S DIGEST
1327
1428 ## LEGISLATIVE COUNSEL'S DIGEST
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1630 AB 1953, Wood. Skilled nursing facilities: disclosure of interests in business providing services.
1731
1832 Existing law requires each applicant for a license to operate a skilled nursing facility or intermediate care facility to disclose to the State Department of Public Health, among other things, the names and addresses of any person or organization, or both, having an ownership or control interest of 5% or more in a management company that operates, or is proposed to operate, the facility.Existing law requires an organization that operates, conducts, owns, or maintains a health facility, and the officers of the health facility, to make and file with the Office of Statewide Health Planning and Development, at the times as the office requires, a report that includes certain accounting information, including, but not limited to, a balance sheet detailing assets, liabilities, and net worth of the health facility, a statement of income, expenses, and operating surplus or deficit, and a statement of cashflows. Existing law provides civil penalties for a violation of that provision.As part of that report, effective January 1, 2020, this bill would require an organization that operates, conducts, owns, or maintains a skilled nursing facility to additionally report to the office whether the licensee, or a general partner, director, or officer of the licensee, has an ownership or control interest of 5% or more in a related party, as defined, that provides any service to the skilled nursing facility. The bill would specifically require the licensee under those circumstances to disclose all services provided to the skilled nursing facility, the number of individuals who provide that service at the skilled nursing facility, and any other information requested by the office. If goods, fees, and services collectively worth $10,000 or more per year are to be delivered to the skilled nursing facility, the bill would require the disclosure to include the related partys profit and loss statement and the Payroll-Based Journal public use data of the previous quarter for the skilled nursing facilitys direct caregivers.
1933
2034 Existing law requires each applicant for a license to operate a skilled nursing facility or intermediate care facility to disclose to the State Department of Public Health, among other things, the names and addresses of any person or organization, or both, having an ownership or control interest of 5% or more in a management company that operates, or is proposed to operate, the facility.
2135
2236 Existing law requires an organization that operates, conducts, owns, or maintains a health facility, and the officers of the health facility, to make and file with the Office of Statewide Health Planning and Development, at the times as the office requires, a report that includes certain accounting information, including, but not limited to, a balance sheet detailing assets, liabilities, and net worth of the health facility, a statement of income, expenses, and operating surplus or deficit, and a statement of cashflows. Existing law provides civil penalties for a violation of that provision.
2337
2438 As part of that report, effective January 1, 2020, this bill would require an organization that operates, conducts, owns, or maintains a skilled nursing facility to additionally report to the office whether the licensee, or a general partner, director, or officer of the licensee, has an ownership or control interest of 5% or more in a related party, as defined, that provides any service to the skilled nursing facility. The bill would specifically require the licensee under those circumstances to disclose all services provided to the skilled nursing facility, the number of individuals who provide that service at the skilled nursing facility, and any other information requested by the office. If goods, fees, and services collectively worth $10,000 or more per year are to be delivered to the skilled nursing facility, the bill would require the disclosure to include the related partys profit and loss statement and the Payroll-Based Journal public use data of the previous quarter for the skilled nursing facilitys direct caregivers.
2539
2640 ## Digest Key
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2842 ## Bill Text
2943
3044 The people of the State of California do enact as follows:SECTION 1. Section 128734 is added to the Health and Safety Code, to read:128734. (a) Each organization that operates, conducts, owns, or maintains a skilled nursing facility licensed pursuant to subdivision (c) of Section 1250 shall file with the office as part of the information required in subdivisions (a) to (e), inclusive, of Section 128735, whether the licensee, or a general partner, director, or officer of the licensee, has an ownership or control interest of 5 percent or more in a related party that provides any service to the skilled nursing facility. If the licensee, or the general partner, director, or officer of the licensee has such an interest, the licensee shall disclose all services provided to the skilled nursing facility, the number of individuals who provide that service at the skilled nursing facility, and any other information requested by the office. If goods, fees, and services collectively worth ten thousand dollars ($10,000) or more per year are delivered to the skilled nursing facility, the disclosure required pursuant to this subdivision shall include the related partys profit and loss statement, and the Payroll-Based Journal public use data of the previous quarter for the skilled nursing facilitys direct caregivers.(b) For purposes of this section, all of the following definitions shall apply:(1) Direct caregiver shall have the same meaning as that term is defined in Section 1276.65.(2) Profit and loss statement means the most recent annual statement on profits and losses finalized by a related party for the most recent year available.(3) Related party means an organization related to the licensee provider or that is under common ownership or control, as defined in Section 413.17(b) of Title 42 of the Code of Federal Regulations.(c) Current licensees shall provide the information required by this section to the office in a manner prescribed by the office.(d) The provisions of this section shall become effective on January 1, 2020.
3145
3246 The people of the State of California do enact as follows:
3347
3448 ## The people of the State of California do enact as follows:
3549
3650 SECTION 1. Section 128734 is added to the Health and Safety Code, to read:128734. (a) Each organization that operates, conducts, owns, or maintains a skilled nursing facility licensed pursuant to subdivision (c) of Section 1250 shall file with the office as part of the information required in subdivisions (a) to (e), inclusive, of Section 128735, whether the licensee, or a general partner, director, or officer of the licensee, has an ownership or control interest of 5 percent or more in a related party that provides any service to the skilled nursing facility. If the licensee, or the general partner, director, or officer of the licensee has such an interest, the licensee shall disclose all services provided to the skilled nursing facility, the number of individuals who provide that service at the skilled nursing facility, and any other information requested by the office. If goods, fees, and services collectively worth ten thousand dollars ($10,000) or more per year are delivered to the skilled nursing facility, the disclosure required pursuant to this subdivision shall include the related partys profit and loss statement, and the Payroll-Based Journal public use data of the previous quarter for the skilled nursing facilitys direct caregivers.(b) For purposes of this section, all of the following definitions shall apply:(1) Direct caregiver shall have the same meaning as that term is defined in Section 1276.65.(2) Profit and loss statement means the most recent annual statement on profits and losses finalized by a related party for the most recent year available.(3) Related party means an organization related to the licensee provider or that is under common ownership or control, as defined in Section 413.17(b) of Title 42 of the Code of Federal Regulations.(c) Current licensees shall provide the information required by this section to the office in a manner prescribed by the office.(d) The provisions of this section shall become effective on January 1, 2020.
3751
3852 SECTION 1. Section 128734 is added to the Health and Safety Code, to read:
3953
4054 ### SECTION 1.
4155
4256 128734. (a) Each organization that operates, conducts, owns, or maintains a skilled nursing facility licensed pursuant to subdivision (c) of Section 1250 shall file with the office as part of the information required in subdivisions (a) to (e), inclusive, of Section 128735, whether the licensee, or a general partner, director, or officer of the licensee, has an ownership or control interest of 5 percent or more in a related party that provides any service to the skilled nursing facility. If the licensee, or the general partner, director, or officer of the licensee has such an interest, the licensee shall disclose all services provided to the skilled nursing facility, the number of individuals who provide that service at the skilled nursing facility, and any other information requested by the office. If goods, fees, and services collectively worth ten thousand dollars ($10,000) or more per year are delivered to the skilled nursing facility, the disclosure required pursuant to this subdivision shall include the related partys profit and loss statement, and the Payroll-Based Journal public use data of the previous quarter for the skilled nursing facilitys direct caregivers.(b) For purposes of this section, all of the following definitions shall apply:(1) Direct caregiver shall have the same meaning as that term is defined in Section 1276.65.(2) Profit and loss statement means the most recent annual statement on profits and losses finalized by a related party for the most recent year available.(3) Related party means an organization related to the licensee provider or that is under common ownership or control, as defined in Section 413.17(b) of Title 42 of the Code of Federal Regulations.(c) Current licensees shall provide the information required by this section to the office in a manner prescribed by the office.(d) The provisions of this section shall become effective on January 1, 2020.
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4458 128734. (a) Each organization that operates, conducts, owns, or maintains a skilled nursing facility licensed pursuant to subdivision (c) of Section 1250 shall file with the office as part of the information required in subdivisions (a) to (e), inclusive, of Section 128735, whether the licensee, or a general partner, director, or officer of the licensee, has an ownership or control interest of 5 percent or more in a related party that provides any service to the skilled nursing facility. If the licensee, or the general partner, director, or officer of the licensee has such an interest, the licensee shall disclose all services provided to the skilled nursing facility, the number of individuals who provide that service at the skilled nursing facility, and any other information requested by the office. If goods, fees, and services collectively worth ten thousand dollars ($10,000) or more per year are delivered to the skilled nursing facility, the disclosure required pursuant to this subdivision shall include the related partys profit and loss statement, and the Payroll-Based Journal public use data of the previous quarter for the skilled nursing facilitys direct caregivers.(b) For purposes of this section, all of the following definitions shall apply:(1) Direct caregiver shall have the same meaning as that term is defined in Section 1276.65.(2) Profit and loss statement means the most recent annual statement on profits and losses finalized by a related party for the most recent year available.(3) Related party means an organization related to the licensee provider or that is under common ownership or control, as defined in Section 413.17(b) of Title 42 of the Code of Federal Regulations.(c) Current licensees shall provide the information required by this section to the office in a manner prescribed by the office.(d) The provisions of this section shall become effective on January 1, 2020.
4559
4660 128734. (a) Each organization that operates, conducts, owns, or maintains a skilled nursing facility licensed pursuant to subdivision (c) of Section 1250 shall file with the office as part of the information required in subdivisions (a) to (e), inclusive, of Section 128735, whether the licensee, or a general partner, director, or officer of the licensee, has an ownership or control interest of 5 percent or more in a related party that provides any service to the skilled nursing facility. If the licensee, or the general partner, director, or officer of the licensee has such an interest, the licensee shall disclose all services provided to the skilled nursing facility, the number of individuals who provide that service at the skilled nursing facility, and any other information requested by the office. If goods, fees, and services collectively worth ten thousand dollars ($10,000) or more per year are delivered to the skilled nursing facility, the disclosure required pursuant to this subdivision shall include the related partys profit and loss statement, and the Payroll-Based Journal public use data of the previous quarter for the skilled nursing facilitys direct caregivers.(b) For purposes of this section, all of the following definitions shall apply:(1) Direct caregiver shall have the same meaning as that term is defined in Section 1276.65.(2) Profit and loss statement means the most recent annual statement on profits and losses finalized by a related party for the most recent year available.(3) Related party means an organization related to the licensee provider or that is under common ownership or control, as defined in Section 413.17(b) of Title 42 of the Code of Federal Regulations.(c) Current licensees shall provide the information required by this section to the office in a manner prescribed by the office.(d) The provisions of this section shall become effective on January 1, 2020.
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4963
5064 128734. (a) Each organization that operates, conducts, owns, or maintains a skilled nursing facility licensed pursuant to subdivision (c) of Section 1250 shall file with the office as part of the information required in subdivisions (a) to (e), inclusive, of Section 128735, whether the licensee, or a general partner, director, or officer of the licensee, has an ownership or control interest of 5 percent or more in a related party that provides any service to the skilled nursing facility. If the licensee, or the general partner, director, or officer of the licensee has such an interest, the licensee shall disclose all services provided to the skilled nursing facility, the number of individuals who provide that service at the skilled nursing facility, and any other information requested by the office. If goods, fees, and services collectively worth ten thousand dollars ($10,000) or more per year are delivered to the skilled nursing facility, the disclosure required pursuant to this subdivision shall include the related partys profit and loss statement, and the Payroll-Based Journal public use data of the previous quarter for the skilled nursing facilitys direct caregivers.
5165
5266 (b) For purposes of this section, all of the following definitions shall apply:
5367
5468 (1) Direct caregiver shall have the same meaning as that term is defined in Section 1276.65.
5569
5670 (2) Profit and loss statement means the most recent annual statement on profits and losses finalized by a related party for the most recent year available.
5771
5872 (3) Related party means an organization related to the licensee provider or that is under common ownership or control, as defined in Section 413.17(b) of Title 42 of the Code of Federal Regulations.
5973
6074 (c) Current licensees shall provide the information required by this section to the office in a manner prescribed by the office.
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6276 (d) The provisions of this section shall become effective on January 1, 2020.