CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1054Introduced by Assembly Member ArambulaFebruary 18, 2021 An act to add Section 1337.18 to the Health and Safety Code, relating to health care facilities. LEGISLATIVE COUNSEL'S DIGESTAB 1054, as introduced, Arambula. Skilled nursing facilities: intermediate care facilities: feeding assistants.Existing law provides for the licensure and regulation of health facilities, including among others, skilled nursing facilities and intermediate care facilities, by the State Department of Public Health. Existing law makes it a misdemeanor for any person to willfully or repeatedly violate the provisions governing the licensure and regulation of health facilities.This bill would authorize a skilled nursing facility or intermediate care facility to adopt a feeding assistant training program and would require the department to approve a feeding assistant training program for facilities to adopt that meets specified requirements. The bill would require skilled nursing facilities and intermediate care facilities that utilize feeding assistants to comply with certain requirements, including that a feeding assistant only provide dining assistance for residents who have no complicated feeding problems. The bill would also specify that hours of care provided by a feeding assistant may be used in determining whether a facility satisfies direct care service hour, or nursing hour, per patient day requirements. By expanding the scope of a crime, 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1337.18 is added to the Health and Safety Code, immediately following Section 1337.16, to read:1337.18. (a) A skilled nursing facility or intermediate care facility may adopt a feeding assistant training program, approved pursuant to subdivision (b), to enable feeding assistants to provide feeding assistance to facility residents. (b) The department shall approve a feeding assistant training program for facilities to adopt pursuant to subdivision (a). The department shall only approve a training program that meets the requirements of Section 483.160 of Title 42 of the Code of Federal Regulations.(c) If a facility utilizes a feeding assistant, both of the following shall apply:(1) The facility shall comply with the requirements of Section 483.60(h) of Title 42 of the Code of Federal Regulations.(2) For purposes of Sections 1276.5 and 1276.65, a feeding assistant is a direct caregiver and direct care service hours, or nursing hours, provided by a feeding assistant shall be included in determining whether a facility has satisfied the direct care service hour, or nursing hour, per patient day requirements. Direct care service hours or nursing hours provided by a feeding assistant shall be included in any staffing audit.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1054Introduced by Assembly Member ArambulaFebruary 18, 2021 An act to add Section 1337.18 to the Health and Safety Code, relating to health care facilities. LEGISLATIVE COUNSEL'S DIGESTAB 1054, as introduced, Arambula. Skilled nursing facilities: intermediate care facilities: feeding assistants.Existing law provides for the licensure and regulation of health facilities, including among others, skilled nursing facilities and intermediate care facilities, by the State Department of Public Health. Existing law makes it a misdemeanor for any person to willfully or repeatedly violate the provisions governing the licensure and regulation of health facilities.This bill would authorize a skilled nursing facility or intermediate care facility to adopt a feeding assistant training program and would require the department to approve a feeding assistant training program for facilities to adopt that meets specified requirements. The bill would require skilled nursing facilities and intermediate care facilities that utilize feeding assistants to comply with certain requirements, including that a feeding assistant only provide dining assistance for residents who have no complicated feeding problems. The bill would also specify that hours of care provided by a feeding assistant may be used in determining whether a facility satisfies direct care service hour, or nursing hour, per patient day requirements. By expanding the scope of a crime, 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 1054
Introduced by Assembly Member ArambulaFebruary 18, 2021
Introduced by Assembly Member Arambula
February 18, 2021
An act to add Section 1337.18 to the Health and Safety Code, relating to health care facilities.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1054, as introduced, Arambula. Skilled nursing facilities: intermediate care facilities: feeding assistants.
Existing law provides for the licensure and regulation of health facilities, including among others, skilled nursing facilities and intermediate care facilities, by the State Department of Public Health. Existing law makes it a misdemeanor for any person to willfully or repeatedly violate the provisions governing the licensure and regulation of health facilities.This bill would authorize a skilled nursing facility or intermediate care facility to adopt a feeding assistant training program and would require the department to approve a feeding assistant training program for facilities to adopt that meets specified requirements. The bill would require skilled nursing facilities and intermediate care facilities that utilize feeding assistants to comply with certain requirements, including that a feeding assistant only provide dining assistance for residents who have no complicated feeding problems. The bill would also specify that hours of care provided by a feeding assistant may be used in determining whether a facility satisfies direct care service hour, or nursing hour, per patient day requirements. By expanding the scope of a crime, 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.
Existing law provides for the licensure and regulation of health facilities, including among others, skilled nursing facilities and intermediate care facilities, by the State Department of Public Health. Existing law makes it a misdemeanor for any person to willfully or repeatedly violate the provisions governing the licensure and regulation of health facilities.
This bill would authorize a skilled nursing facility or intermediate care facility to adopt a feeding assistant training program and would require the department to approve a feeding assistant training program for facilities to adopt that meets specified requirements. The bill would require skilled nursing facilities and intermediate care facilities that utilize feeding assistants to comply with certain requirements, including that a feeding assistant only provide dining assistance for residents who have no complicated feeding problems. The bill would also specify that hours of care provided by a feeding assistant may be used in determining whether a facility satisfies direct care service hour, or nursing hour, per patient day requirements. By expanding the scope of a crime, 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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1337.18 is added to the Health and Safety Code, immediately following Section 1337.16, to read:1337.18. (a) A skilled nursing facility or intermediate care facility may adopt a feeding assistant training program, approved pursuant to subdivision (b), to enable feeding assistants to provide feeding assistance to facility residents. (b) The department shall approve a feeding assistant training program for facilities to adopt pursuant to subdivision (a). The department shall only approve a training program that meets the requirements of Section 483.160 of Title 42 of the Code of Federal Regulations.(c) If a facility utilizes a feeding assistant, both of the following shall apply:(1) The facility shall comply with the requirements of Section 483.60(h) of Title 42 of the Code of Federal Regulations.(2) For purposes of Sections 1276.5 and 1276.65, a feeding assistant is a direct caregiver and direct care service hours, or nursing hours, provided by a feeding assistant shall be included in determining whether a facility has satisfied the direct care service hour, or nursing hour, per patient day requirements. Direct care service hours or nursing hours provided by a feeding assistant shall be included in any staffing audit.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 1337.18 is added to the Health and Safety Code, immediately following Section 1337.16, to read:1337.18. (a) A skilled nursing facility or intermediate care facility may adopt a feeding assistant training program, approved pursuant to subdivision (b), to enable feeding assistants to provide feeding assistance to facility residents. (b) The department shall approve a feeding assistant training program for facilities to adopt pursuant to subdivision (a). The department shall only approve a training program that meets the requirements of Section 483.160 of Title 42 of the Code of Federal Regulations.(c) If a facility utilizes a feeding assistant, both of the following shall apply:(1) The facility shall comply with the requirements of Section 483.60(h) of Title 42 of the Code of Federal Regulations.(2) For purposes of Sections 1276.5 and 1276.65, a feeding assistant is a direct caregiver and direct care service hours, or nursing hours, provided by a feeding assistant shall be included in determining whether a facility has satisfied the direct care service hour, or nursing hour, per patient day requirements. Direct care service hours or nursing hours provided by a feeding assistant shall be included in any staffing audit.
SECTION 1. Section 1337.18 is added to the Health and Safety Code, immediately following Section 1337.16, to read:
### SECTION 1.
1337.18. (a) A skilled nursing facility or intermediate care facility may adopt a feeding assistant training program, approved pursuant to subdivision (b), to enable feeding assistants to provide feeding assistance to facility residents. (b) The department shall approve a feeding assistant training program for facilities to adopt pursuant to subdivision (a). The department shall only approve a training program that meets the requirements of Section 483.160 of Title 42 of the Code of Federal Regulations.(c) If a facility utilizes a feeding assistant, both of the following shall apply:(1) The facility shall comply with the requirements of Section 483.60(h) of Title 42 of the Code of Federal Regulations.(2) For purposes of Sections 1276.5 and 1276.65, a feeding assistant is a direct caregiver and direct care service hours, or nursing hours, provided by a feeding assistant shall be included in determining whether a facility has satisfied the direct care service hour, or nursing hour, per patient day requirements. Direct care service hours or nursing hours provided by a feeding assistant shall be included in any staffing audit.
1337.18. (a) A skilled nursing facility or intermediate care facility may adopt a feeding assistant training program, approved pursuant to subdivision (b), to enable feeding assistants to provide feeding assistance to facility residents. (b) The department shall approve a feeding assistant training program for facilities to adopt pursuant to subdivision (a). The department shall only approve a training program that meets the requirements of Section 483.160 of Title 42 of the Code of Federal Regulations.(c) If a facility utilizes a feeding assistant, both of the following shall apply:(1) The facility shall comply with the requirements of Section 483.60(h) of Title 42 of the Code of Federal Regulations.(2) For purposes of Sections 1276.5 and 1276.65, a feeding assistant is a direct caregiver and direct care service hours, or nursing hours, provided by a feeding assistant shall be included in determining whether a facility has satisfied the direct care service hour, or nursing hour, per patient day requirements. Direct care service hours or nursing hours provided by a feeding assistant shall be included in any staffing audit.
1337.18. (a) A skilled nursing facility or intermediate care facility may adopt a feeding assistant training program, approved pursuant to subdivision (b), to enable feeding assistants to provide feeding assistance to facility residents. (b) The department shall approve a feeding assistant training program for facilities to adopt pursuant to subdivision (a). The department shall only approve a training program that meets the requirements of Section 483.160 of Title 42 of the Code of Federal Regulations.(c) If a facility utilizes a feeding assistant, both of the following shall apply:(1) The facility shall comply with the requirements of Section 483.60(h) of Title 42 of the Code of Federal Regulations.(2) For purposes of Sections 1276.5 and 1276.65, a feeding assistant is a direct caregiver and direct care service hours, or nursing hours, provided by a feeding assistant shall be included in determining whether a facility has satisfied the direct care service hour, or nursing hour, per patient day requirements. Direct care service hours or nursing hours provided by a feeding assistant shall be included in any staffing audit.
1337.18. (a) A skilled nursing facility or intermediate care facility may adopt a feeding assistant training program, approved pursuant to subdivision (b), to enable feeding assistants to provide feeding assistance to facility residents.
(b) The department shall approve a feeding assistant training program for facilities to adopt pursuant to subdivision (a). The department shall only approve a training program that meets the requirements of Section 483.160 of Title 42 of the Code of Federal Regulations.
(c) If a facility utilizes a feeding assistant, both of the following shall apply:
(1) The facility shall comply with the requirements of Section 483.60(h) of Title 42 of the Code of Federal Regulations.
(2) For purposes of Sections 1276.5 and 1276.65, a feeding assistant is a direct caregiver and direct care service hours, or nursing hours, provided by a feeding assistant shall be included in determining whether a facility has satisfied the direct care service hour, or nursing hour, per patient day requirements. Direct care service hours or nursing hours provided by a feeding assistant shall be included in any staffing audit.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
### SEC. 2.