Bill Text: CA AB2341 | 2015-2016 | Regular Session | Amended

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Bill Title: Allocation of vacant judgeships.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB2341 Detail]

Download: California-2015-AB2341-Amended.html

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BILL NUMBER: AB 2341	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 18, 2016
	AMENDED IN ASSEMBLY  APRIL 4, 2016

INTRODUCED BY   Assembly Member  Lackey  
Obernolte 

                        FEBRUARY 18, 2016

   An act to  amend Section 1252 of the Health and Safety
Code, relating to health facilities.     add
Section 69614.5 to the Government Code, relating to judgeships. 
 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2341, as amended,  Lackey   Obernolte
 .  Health facilities: special services.  
Allocation of vacant judgeships.  
   Existing law specifies the number of judges for the superior court
of each county. Existing law allocates additional judgeships to the
various counties in accordance with uniform standards for factually
determining additional judicial need in each county, as updated and
approved by the Judicial Council, pursuant to the Update of Judicial
Needs Study, based on specified criteria, including, among others,
workload standards that represent the average amount of time of bench
and nonbench work required to resolve each case type.  
   This bill would require the allocation of up to 5 vacant
judgeships, as defined, from superior courts with more authorized
judgeships than their assessed judicial need to superior courts with
fewer authorized judgeships than their assessed judicial need. The
bill would require the allocation to be in accordance with a
methodology approved by the Judicial Council, as specified, and would
require the determination of a superior court's assessed judicial
need to be in accordance with the above uniform standards and be
based on the criteria described above. The bill would require the
Judicial Council, if a vacant judgeship is eligible for allocation to
another superior court, to promptly notify the applicable courts,
the Legislature, and the Governor that the judgeship shall be
allocated to another court.  
   This bill would also make a statement of legislative intent
regarding the authority of the Legislature, the Governor, and the
Chief Justice of California.  
   Existing law provides for the licensure and regulation of health
facilities by the State Department of Public Health and prohibits a
health facility from providing a special service without the approval
of the department. Under existing law, a violation of these
provisions is a crime. Existing law defines a "special service" to
mean a functional division, department, or unit of a health facility
that is organized, staffed, and equipped to provide a specific type
of patient care and that has been identified by regulations of the
department and for which the department has established special
standards for quality of care. Under existing law, "special services"
includes physical therapy services, occupational therapy services,
or speech pathology and audiology services provided by a nursing
facility to outpatients.  
   This bill would additionally define "special services" to mean
dialysis, peritoneal, and infusion services as may be approved by the
department for nursing facilities and skilled nursing facilities
that are not identified in regulations of the department, if the
licensee can demonstrate to the department that the special service
will operate in accordance with a minimum standard for quality of
care. The bill would require a licensee applying to the department
for approval of special services that are not identified by
regulations of the department to submit an application and other
information, as specified. By expanding the application of an
existing 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. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  yes   no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    It is the intent of the Legislature
that this act shall not be construed to limit any of the following:
 
   (a) The authority of the Legislature to create and fund new
judgeships pursuant to Section 4 of Article VI of the California
Constitution.  
   (b) The authority of the Governor to appoint a person to fill a
vacancy pursuant to subdivision (c) of Section 16 of Article VI of
the California Constitution.  
   (c) The authority of the Chief Justice of California to assign
judges pursuant to subdivision (e) of Section 6 of Article VI of the
California Constitution. 
   SEC. 2.    Section 69614.5 is added to the  
Government Code   , to read:  
   69614.5.  (a) To provide for a more equitable distribution of
judgeships and upon notice to the applicable courts, up to five
vacant judgeships shall be allocated from superior courts with more
authorized judgeships than their assessed judicial need to superior
courts with fewer authorized judgeships than their assessed judicial
need pursuant to the requirements of this section.
   (b) The allocation of vacant judgeships pursuant to subdivision
(a) shall be in accordance with a methodology approved by the
Judicial Council after solicitation of public comments. The
determination of a superior court's assessed judicial need shall be
in accordance with the uniform standards for factually determining
additional judicial need in each county, as updated and approved by
the Judicial Council, pursuant to the Update of Judicial Needs Study,
based on the criteria set forth in subdivision (b) of Section 69614.

   (c) If a judgeship in a superior court becomes vacant, the
Judicial Council shall determine whether the judgeship is eligible
for allocation to another superior court under the methodology,
standards, and criteria described in subdivision (b). If the
judgeship is eligible for allocation to another superior court, the
Judicial Council shall promptly notify the applicable courts, the
Legislature, and the Governor that the judgeship vacated in one court
shall be allocated to another court.
   (d) (1) For purposes of this section only, a judgeship shall
become "vacant" when an incumbent judge relinquishes the office
through resignation, retirement, death, removal, or confirmation to
an appellate court judgeship during either of the following:
   (A) At any time before the deadline to file a declaration of
intention to become a candidate for a judicial office pursuant to
Section 8023 of the Elections Code.
   (B) After the deadline to file a declaration of intention to
become a candidate for a judicial office pursuant to Section 8023 of
the Elections Code if no candidate submits qualifying nomination
papers by the deadline pursuant to Section 8020 of the Elections
Code.
   (2) For purposes of this section, a judgeship shall not become
"vacant" when an incumbent judge relinquishes the office as a result
of being defeated in an election for that office.  
  SECTION 1.    Section 1252 of the Health and
Safety Code is amended to read:
   1252.  (a) Except as specified in subdivision (b), "special
service" means a functional division, department, or unit of a health
facility that is organized, staffed, and equipped to provide a
specific type or types of patient care and that has been identified
by regulations of the state department and for which the state
department has established special standards for quality of care.
"Special service" does not include a functional division, department,
or unit of a nursing facility, as defined in subdivision (k) of
Section 1250, that is organized, staffed, and equipped to provide
inpatient physical therapy services, occupational therapy services,
or speech pathology and audiology services to residents of the
facility if these services are provided solely to meet the federal
Centers for Medicare and Medicaid Services certification
requirements. "Special service" includes physical therapy services,
occupational therapy services, or speech pathology and audiology
services provided by a nursing facility, as defined in subdivision
(k) of Section 1250, to outpatients.
   (b) Notwithstanding subdivision (a), "special service" also means
dialysis, peritoneal, and infusion services as may be approved by the
department for nursing facilities and skilled nursing facilities
that are not identified by regulations of the department, if the
licensee can demonstrate to the satisfaction of the department that
the special service will operate in accordance with a minimum
standard for quality of care. The minimum standard for quality of
care for the special service under this subdivision shall be
equivalent to, or greater than, that of current community standards
for quality of care for that type of service. Approved special
services shall be listed on the facility license. Failure to maintain
the agreed upon minimum standard for quality of care shall result in
approval for the special service being terminated. A licensee
applying to the department for approval of special services that are
not identified by regulations of the department pursuant to this
subdivision shall submit all the following information for the
department's consideration:
   (1) A completed application on forms prescribed by the department,
with additional documentation or data, as required by the
department, that clearly identifies the scope of the special service
proposed to be provided.
   (2) The hours of operation for the special service.
   (3) Whether the service is to be provided solely to the residents
of the facility or also on an outpatient basis. If the service is to
be provided on an outpatient basis, the licensee shall specify the
population to be served.
   (4) A copy of the special service policies and procedures for
review and approval.
   (5) The minimum staffing levels and qualifications for the
proposed special service, sufficient to meet the needs of the
residents and patients.
   (6) Identification of the equipment and supplies necessary to meet
the needs of residents and patients receiving care in the special
service.
   (7) Identification of an appropriate space within the facility to
be used to provide the special service. A special service that is
provided on an outpatient basis shall not be provided in a space that
would require outpatients to traverse areas where resident sleeping
rooms are located.
   (8) Confirmation that the applicable building, zoning, and fire
safety standards for the proposed use of the special service space
are met.
   (9) Any other relevant information requested by the department.
   (c) This section does not limit the department's ability to
evaluate compliance with the therapy requirements for nursing
facilities and skilled nursing facilities established in Title 22 of
the California Code of Regulations during investigations or
inspections, including, but not limited to, inspections conducted
pursuant to Section 1422, or to limit the department's ability to
enforce the therapy requirements.  
  SEC. 2.    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.