Bill Text: CA AB2612 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Medi-Cal.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2014-09-16 - Vetoed by Governor. [AB2612 Detail]

Download: California-2013-AB2612-Introduced.html

---

BILL NUMBER: AB 2612	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Dababneh

                        FEBRUARY 21, 2014

   An act to amend Section 1250.2 of the Health and Safety Code,
relating to health facility licensing.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2612, as introduced, Dababneh. Health facilities: licensing:
psychiatric health facility.
   Existing law provides for the licensure and regulation by the
State Department of Public Health of health facilities. Under
existing law, a health facility includes a psychiatric health
facility, as defined to mean a health facility, licensed by the State
Department of Health Care Services, that provides 24-hour inpatient
care for mentally disordered, incompetent, or other specified
persons.
   This bill would make technical, nonsubstantive changes to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 1250.2 of the Health and Safety Code is amended
to read:
   1250.2.  (a) (1) As defined in Section 1250, "health facility"
includes a "psychiatric health facility," defined to mean a health
facility, licensed by the State Department of Health Care Services,
that provides 24-hour inpatient care for mentally disordered,
incompetent, or other persons described in Division 5 (commencing
with Section 5000) or Division 6 (commencing with Section 6000) of
the Welfare and Institutions Code. This care shall include, but not
be limited to, the following basic services: psychiatry, clinical
psychology, psychiatric nursing, social work, rehabilitation, drug
administration, and appropriate food services for those persons whose
physical health needs can be met in an affiliated hospital or in
outpatient settings.
   (2) It is the intent of the Legislature that  the
  a  psychiatric health facility shall provide a
distinct type of service to psychiatric patients in a 24-hour acute
inpatient setting. The State Department of Health Care Services shall
require regular utilization reviews of admission and discharge
criteria and lengths of stay in order to  assure 
 ensure  that these patients are moved to less restrictive
levels of care as soon as appropriate.
   (b) (1) The State Department of Health Care Services may issue a
special permit to a psychiatric health facility for  it
  that facility  to provide structured outpatient
services (commonly referred to as SOPS) consisting of morning,
afternoon, or full daytime organized programs, not exceeding 10
hours, for acute daytime care for patients admitted to the facility.
This subdivision shall not be construed as requiring a psychiatric
health facility to apply for a special permit to provide these
alternative levels of care.
   (2) The Legislature recognizes that, with access to structured
outpatient services, as an alternative to 24-hour inpatient care,
certain patients would be provided with effective intervention and
less restrictive levels of care. The Legislature further recognizes
that, for certain patients, the less restrictive levels of care
eliminate the need for inpatient care, enable earlier discharge from
inpatient care by providing a continuum of care with effective
aftercare services, or reduce or prevent the need for a subsequent
readmission to inpatient care.
   (c)  Any reference   Reference  in any
statute to Section 1250 of the Health and Safety Code shall be deemed
and construed to also be a reference to this section.
   (d) Notwithstanding any other  provision of  law,
and to the extent consistent with federal law, a psychiatric health
facility shall be eligible to participate in the medicare program
under Title XVIII of the federal Social Security Act (42 U.S.C. Sec.
1395 et seq.), and the medicaid program under Title XIX of the
federal Social Security Act (42 U.S.C. Sec. 1396 et seq.), if all of
the following conditions are met:
   (1) The facility is a licensed facility.
   (2) The facility is in compliance with all related statutes and
regulations enforced by the State Department of Health Care Services,
including regulations contained in Chapter 9 (commencing with
Section 77001) of Division 5 of Title 22 of the California Code of
Regulations.
   (3) The facility meets the definitions and requirements contained
in subdivisions (e) and (f) of Section 1861 of the federal Social
Security Act (42 U.S.C. Sec. 1395x(e) and (f)), including the
approval process specified in Section 1861(e)(7)(B) of the federal
Social Security Act (42 U.S.C. Sec. 1395x(e)(7)(B)), which requires
that the state agency responsible for licensing hospitals has assured
that the facility meets licensing requirements.
   (4) The facility meets the conditions of participation for
hospitals pursuant to Part 482 of Title 42 of the Code of Federal
Regulations.