Bill Text: CA SB117 | 2009-2010 | Regular Session | Introduced

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

---

Bill Title: Adult day health care services: eligibility criteria:

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State. Chapter 165, Statutes of 2009. [SB117 Detail]

Download: California-2009-SB117-Introduced.html

---

BILL NUMBER: SB 117	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Corbett
   (Principal coauthor: Assembly Member Chesbro)

                        FEBRUARY 2, 2009

   An act to amend Section 1570.7 of the Health and Safety Code,
relating to adult day health care.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 117, as introduced, Corbett. Adult day health care services.
   The California Adult Day Health Care Act provides for the
licensure and regulation of adult day health centers, with
administrative responsibility for the program shared between the
State Department of Public Health, the State Department of Health
Care Services, and the California Department of Aging pursuant to an
interagency agreement.
   The act defines core staff for purposes of the act to include,
among others, a social worker, as defined.
   This bill would replace the term social worker with social
services director.
   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 1570.7 of the Health and Safety Code is amended
to read:
   1570.7.  As used in this chapter and in any regulations
promulgated thereunder:
   (a) "Adult day health care" means an organized day program of
therapeutic, social, and skilled nursing health activities and
services provided pursuant to this chapter to elderly persons or
adults with disabilities with functional impairments, either physical
or mental, for the purpose of restoring or maintaining optimal
capacity for self-care. Provided on a short-term basis, adult day
health care serves as a transition from a health facility or home
health program to personal independence. Provided on a long-term
basis, it serves as an alternative to institutionalization in a
long-term health care facility when 24-hour skilled nursing care is
not medically necessary or viewed as desirable by the recipient or
his or her family.
   (b) "Adult day health center" or "adult day health care center"
means a licensed and certified facility that provides adult day
health care.
   (c) "Core staff" includes the positions of program director,
registered nurse, social  worker   services
director  , activity director, and program aide.
   (d) "Department" or "state department" means the State Department
of Public Health.
   (e) "Director" means the State Public Health Officer.
   (f) "Elderly" or "older person" means a person 55 years of age or
older, but also includes other adults who are chronically ill or
impaired and who would benefit from adult day health care.
   (g) "Extended hours" means those hours of operation prior to or
following the adult day health care program hours of service, as
designated by the adult day health care center in its plan of
operation, during which the adult day health care center may operate
an adult day program, or an Alzheimer's day care resource center, or
both.
   (h) "Hours of service" means the program hours defined and posted
by the adult day health care center for the provision of adult day
health care services, pursuant to Section 14550 of the Welfare and
Institutions Code, which shall be no less than four hours, excluding
transportation.
   (i) "Individual plan of care" means a plan designed to provide
recipients of adult day health care with appropriate treatment in
accordance with the assessed needs of each individual.
   (j) "License" means a basic permit to operate an adult day health
care center. With respect to a health facility licensed pursuant to
Chapter 2 (commencing with Section 1250), "license" means a special
permit, as defined by Section 1251.5, empowering the health facility
to provide adult day health care services.
   (k) "Long-term absence" or "long-term vacancy" means an absence or
vacancy lasting, or likely to last, more than one month. An adult
day health care center's policies and procedures shall be specific
regarding coverage in the situation for long-term absences or
vacancies.
   (l) "Maintenance program" means procedures and exercises that are
provided to a participant, pursuant to Section 1580, in order to
generally maintain existing function. These procedures and exercises
are planned by a licensed or certified therapist and are provided by
a person who has been trained by a licensed or certified therapist
and who is directly supervised by a nurse or by a licensed or
certified therapist.
   (m) "Program director" shall be a person with both of the
following:
   (1) One of the following backgrounds:
   (A) A person with a bachelor's degree and a minimum of two years
of experience in a management, supervisory, or administrative
position.
   (B) A person with a master's degree and a minimum of one year of
experience in a management, supervisory, or administrative position.
   (C) A registered nurse with a minimum of two years experience in a
management, supervisory, or administrative position.
   (2) Appropriate skills, knowledge, and abilities related to the
health, and mental, cognitive, and social needs of the participant
group being served by the adult day health center.
   (n) "Restorative therapy" means physical, occupational, and speech
therapy, and psychiatric and psychological services that are planned
and provided by a licensed or certified therapist. The therapy and
services may also be provided by an assistant or aide under the
appropriate supervision of a licensed therapist, as determined by the
licensed therapist. The therapy and services are provided to restore
function, when there is an expectation that the condition will
improve significantly in a reasonable period of time, as determined
by the multidisciplinary assessment team.
   (o) "Short-term absence" or "short-term vacancy" means an absence
or vacancy lasting one month or less, and includes sick leave and
vacations. An adult day health care center shall ensure that
appropriate staff is designated to serve in these positions during
the short-term absence or vacancy and that the center's policies and
procedures are specific regarding coverage of short-term absences or
vacancies.
   (p) "Social  worker"   services director"
 shall be a person who meets one of the following:
   (1) The person holds a master's degree in social work from an
accredited school of social work.
   (2) The person holds a master's degree in psychology, gerontology,
or counseling from an accredited school and has one year of
experience providing social services in one or more of the fields of
aging, health, or long-term care services.
   (3) The person is licensed by the California Board of Behavioral
sciences.
   (4) The person holds a bachelor's degree in social work from an
accredited school with two years of experience providing social
services in one or more of the fields of aging, health, or long-term
care services.