Amended  IN  Assembly  May 20, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2644

Introduced by Assembly Member Wood

February 20, 2020

An act to amend Section 1226 of the Health and Safety Code, relating to clinics. add Section 102777 to the Health and Safety Code, relating to skilled nursing facilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 2644, as amended, Wood. Clinics: physical plant standards. Skilled nursing facilities: deaths: reporting.
Existing law creates the State Department of Public Health and directs the State Public Health Officer to act as the State Registrar of Vital Statistics (State Registrar). Existing law requires the State Registrar to establish registration districts within the state for the purpose of registering births and deaths, and requires the department to enforce these provisions. Existing law requires every death to be registered with the local registrar of births and deaths in the district in which the death was officially pronounced or the body was found, within 8 calendar days after death and prior to any disposition of the human remains. A failure to furnish information or file a certificate under these provisions is a crime.
Existing law requires the county coroner to investigate, among others, all deaths known or suspected as due to contagious disease and constituting a public hazard. Existing law requires a funeral director, physician, or other person who has charge of a deceased person’s body, when death occurred as a result of those circumstances, to immediately notify the county coroner. A violation of those provisions is a crime.
In the event of a declared emergency related to a communicable disease, this bill would require a skilled nursing facility to report each suspected disease-related death to the county coroner within 24 hours of that death, and the county coroner to report that death to the State Registrar within 24 hours of receipt of that notification. The bill would require the State Department of Public Health to report certain information related to those deaths on its internet website on a weekly basis.
Because a failure to comply with certain of these provisions would be a crime, and by adding to the duties of the county coroner, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law provides for the licensure and regulation of clinics by the State Department of Public Health, including primary care clinics, as defined. Existing law authorizes a primary care clinic that meets identified requirements, including specified minimum construction standards of adequacy and safety for clinics, to add a physical plant under a consolidated license or an affiliate clinic license. Existing law requires the Office of Statewide Health Planning and Development, in consultation with the Community Clinics Advisory Committee, to prescribe minimum construction standards of adequacy and safety for the physical plant of clinics.

This bill would require those standards to be based on the type of facility, the needs of the patients served, and the types and levels of services provided. The bill would require those standards to be updated by July 1, 2021.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 102777 is added to the Health and Safety Code, to read:

102777.
 (a) In the event of a declared emergency related to a communicable disease, a skilled nursing facility, as defined in subdivision (c) of Section 1250, shall report each suspected disease-related death to the county coroner within 24 hours. The county coroner shall report the suspected disease-related death to the State Registrar, within 24 hours of being notified of the suspected disease-related death.
(b) The State Department of Public Health shall make the total number of suspected disease-related deaths reported pursuant to this section, and the location at which they occurred, available on its internet website on a weekly basis.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 1226 of the Health and Safety Code is amended to read:
1226.

(a)The regulations shall prescribe the kinds of services which may be provided by clinics in each category of licensure and shall prescribe minimum standards of adequacy, safety, and sanitation of the physical plant and equipment, minimum standards for staffing with duly qualified personnel, and minimum standards for providing the services offered. These minimum standards shall be based on the type of facility, the needs of the patients served, and the types and levels of services provided.

(b)The Office of Statewide Health Planning and Development, in consultation with the Community Clinics Advisory Committee, shall prescribe minimum construction standards of adequacy and safety for the physical plant of clinics as found in the California Building Standards Code. These minimum standards shall be based on the type of facility, the needs of the patients served, and the types and levels of services provided. These minimum standards shall be updated by July 1, 2021.

(c)A city or county, as applicable, shall have plan review and building inspection responsibilities for the construction or alteration of buildings described in paragraph (1) and paragraph (2) of subdivision (b) of Section 1204 and shall apply the provisions of the latest edition of the California Building Standards Code in conducting these plan review responsibilities. For these buildings, construction and alteration shall include conversion of a building to a purpose specified in paragraphs (1) and (2) of subdivision (b) of Section 1204.

Upon the initial submittal to a city or county by the governing authority or owner of these clinics for plan review and building inspection services, the city or county shall reply in writing to the clinic whether or not the plan review by the city or county will include a certification as to whether or not the clinic project submitted for plan review meets the standards as propounded by the office in the California Building Standards Code.

If the city or county indicates that its review will include this certification it shall do all of the following:

(1)Apply the applicable clinic provisions of the latest edition of the California Building Standards Code.

(2)Certify in writing, to the applicant within 30 days of completion of construction whether or not these standards have been met.

(d)If upon initial submittal, the city or county indicates that its plan review will not include this certification, the governing authority or owner of the clinic shall submit the plans to the Office of Statewide Health Planning and Development who shall review the plans for certification whether or not the clinic project meets the standards, as propounded by the office in California Building Standards Code.

(e)When the office performs review for certification, the office shall charge a fee in an amount that does not exceed its actual costs.

(f)The office of the State Fire Marshal shall prescribe minimum safety standards for fire and life safety in surgical clinics.

(g)Notwithstanding subdivision (c), the governing authority or owner of a clinic may request the office to perform plan review services for buildings described in subdivision (c). If the office agrees to perform these services, after consultation with the local building official, the office shall charge an amount not to exceed its actual costs. The construction or alteration of these buildings shall conform to the applicable provisions of the latest edition of the California Building Standards Code for purposes of the plan review by the office pursuant to this subdivision.

(h)Regulations adopted pursuant to this chapter establishing standards for laboratory services shall not be applicable to any clinic that operates a clinical laboratory licensed pursuant to Section 1265 of the Business and Professions Code.