Bill Text: CA AB2798 | 2017-2018 | Regular Session | Amended

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

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Bill Title: Hospitals: licensing.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2018-09-29 - Chaptered by Secretary of State - Chapter 922, Statutes of 2018. [AB2798 Detail]

Download: California-2017-AB2798-Amended.html

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Amended  IN  Assembly  April 19, 2018

Amended  IN  Assembly  March 23, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 2798

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Introduced by Assembly Member Maienschein
(Principal coauthor: Assembly Member Aguiar-Curry)

February 16, 2018

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An act to add Section 1272 to the Health and Safety Code, relating to health facilities.

LEGISLATIVE COUNSEL'S DIGEST

AB 2798, as amended, Maienschein. Hospitals: licensing.

Existing law establishes the State Department of Public Health and sets forth its powers and duties, including, but not limited to, duties relating to the licensing and regulation of health facilities, as defined.

This bill would prescribe timelines for the department to approve a written application submitted by a general acute care hospital or an acute psychiatric hospital to modify, add, or expand a service or program. The bill would require the department to approve or deny a completed application to modify or add a service or program within 45 business days of receipt of the completed application. The bill would require the department to approve a written application to expand a service that is currently being provided within 30 business days of receipt of the completed application, unless the hospital is out of compliance with existing laws governing the service to be expanded. Under the bill, an approved expanded service would remain licensed for not more than 18 months, unless the department approves the license for a longer period. The bill would set forth requirements for a completed application and require the department to develop a centralized applications unit advice program to assist hospitals in identifying and completing the correct paperwork and other requirements necessary to modify, add, or expand a service or program. The bill would require the department, on or before December 31, 2019, to develop an automated application system to process applications to modify, add, or expand a service or program and would require the department to publicly report metrics on the workload and timelines of the application process, as specified, and to post the data quarterly on the department’s Internet Web site. Under the bill, the resources necessary to implement the application process would be made available, upon appropriation, from the Internal Departmental Quality Improvement Account.

Digest Key

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

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Bill Text

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

SECTION 1.

 It is the intent of the Legislature to provide the State Department of Public Health with the resources, staffing, training, and external consultants necessary to meet the requirements of this act.

SEC. 2.

 Section 1272 is added to the Health and Safety Code, to read:

1272.

 (a) If a general acute care hospital or an acute psychiatric hospital submits a written application to the department to modify or add a service or program, the following timelines shall apply:

(1) The department shall evaluate the written application for completeness and, if necessary, request additional information from the hospital within 15 business days of receipt of the application.

(2) The department shall approve or deny a completed written application within 45 business days of receipt of the completed application. If the application is not approved or denied within the 45 business day period, the written application shall be deemed approved on the 46th business day.

(3) Once the written application is approved, the district office of the department shall, within 30 business days from the date of approval, complete any additional review, including an on-site onsite visit, if applicable, and submit its findings to the department. If the hospital’s modified or additional service or program is approved, the department shall add it to the hospital’s license and issue a new license on the 31st business day following approval of the written application. If the district office does not complete its review within the required 30 business days, the modified or additional service or program shall be deemed approved and the department shall add it to the hospital’s license and issue a new license on the 31st business day following approval of the written application.

(b) If When a general acute care hospital or an acute psychiatric hospital submits a written application to expand a service that it currently provides and that is currently approved by the department, the department shall, within 30 business days of receipt of the completed application, approve the expansion, add it to the hospital license, and issue a new license, unless the hospital is out of compliance with existing laws governing the service to be expanded. A service approved pursuant to this subdivision shall remain licensed for not more than 18 months, unless the department approves the license for a longer period. The department shall not be required to conduct an onsite inspection of the service to approve the expansion. This subdivision does not preclude the department from conducting an onsite inspection of a hospital at any time or denying an application in accordance with this subdivision.

(c) A completed application for purposes of this section shall include all of the following:

(1) The appropriate forms, fees, and documentation, as determined by the department.

(2) A description of the type of service or program to be provided.

(3) Written policies and procedures for the service or program.

(4) Evidence of the hospital’s compliance with applicable building standards and possession of a fire clearance for the service or program space.

(d) A general acute care hospital or an acute psychiatric hospital that receives a license to modify, add, or expand a service or program pursuant to this section shall comply with all laws related to that service or program.

(e) The department shall develop a centralized applications unit advice program to assist hospitals in identifying and completing the correct paperwork and other requirements necessary to modify, add, or expand a service or program.

(f) On or before December 31, 2019, the department shall develop an automated application system to process applications submitted pursuant to this section.

(g) The department shall publicly report metrics on the workload and timelines of the application process, including the workload of the centralized application unit advice program and local district offices, for all facility types and all application types. This data shall be posted quarterly on the department’s Internet Web site.

(h) The resources necessary to implement this section shall, upon appropriation by the Legislature, be made available from the Internal Departmental Quality Improvement Account, established pursuant to subdivision (f) of Section 1280.15.