Bill Text: CA AB1457 | 2009-2010 | Regular Session | Chaptered

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Bill Title: Long-term health care facilities: admission contracts.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 532, Statutes of 2009. [AB1457 Detail]

Download: California-2009-AB1457-Chaptered.html

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BILL NUMBER: AB 1457	CHAPTERED
	BILL TEXT

	CHAPTER  532
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2009
	APPROVED BY GOVERNOR  OCTOBER 11, 2009
	PASSED THE SENATE  AUGUST 17, 2009
	PASSED THE ASSEMBLY  AUGUST 20, 2009
	AMENDED IN SENATE  JULY 1, 2009
	AMENDED IN ASSEMBLY  MAY 13, 2009

INTRODUCED BY   Assembly Member Davis
   (Principal coauthor: Senator Alquist)

                        FEBRUARY 27, 2009

   An act to amend Section 1599.64 of, and to add Section 1599.645
to, the Health and Safety Code, relating to long-term health care
facilities.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1457, Davis. Long-term health care facilities: admission
contracts.
   Existing law requires specified information to be included on the
admission contract or abbreviated contract of admission when a
patient is admitted to a long-term health care facility.
   This bill would add the requirement that the abbreviated contracts
of admission and contracts of admission for a skilled nursing
facility have an attachment that discloses the name of the owner and
licensee and the name and contact information of a single entity that
is responsible for all aspects of patient care and operation at the
facility.
   This bill would require a skilled nursing facility to provide the
department with prescribed notice within 30 days of approval of a
change of ownership.


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

  SECTION 1.  Section 1599.64 of the Health and Safety Code is
amended to read:
   1599.64.  (a) All abbreviated contracts of admission and contracts
of admission shall be printed in black type of not less than
10-point type size, on plain white paper. The print shall appear on
one side of the paper only.
   (b) The contract shall be written in clear, coherent, and
unambiguous language, using words with common and everyday meanings.
It shall be appropriately divided, and each section captioned.
   (c) The contract for a skilled nursing facility shall have an
attachment that is placed before any other attachment and that shall
disclose the name of the owner and licensee of the skilled nursing
facility and the name and contact information of a single entity that
is responsible for all aspects of patient care and the operation of
the facility.
   (d) An abbreviated contract of admission shall include a statement
indicating that respite care services, as defined in Section 1418.1,
provided by the skilled nursing facility or intermediate care
facility is not a Medi-Cal covered service and can only be provided
by the facility on a private-pay or third-party payor basis, unless
the person is participating in a Medicaid waiver program pursuant to
Section 1396n of Title 42 of the United States Code, or other respite
care service already covered by the Medi-Cal program.
   (e) An abbreviated contract of admission shall specify the
discharge date agreed to upon admission by the skilled nursing
facility or intermediate care facility and the person being admitted
or his or her representative. This discharge date shall be binding as
a ground for discharge in addition to any other ground for discharge
pursuant to federal or state law and regulations.
   (f) An abbreviated contract of admission shall include a statement
informing the person being admitted for respite care services that
the contract is designed specifically for the provision of respite
care services and cannot be used for any other type of admission to
the facility.
  SEC. 2.  Section 1599.645 is added to the Health and Safety Code,
immediately following Section 1599.64, to read:
   1599.645.  (a) Within 30 days of approval of a change of ownership
by the California Department of Public Health, the skilled nursing
facility shall send written notification to all current residents and
patients and to the primary contacts listed in the admission
agreement of each resident and patient. The notice shall disclose the
name of the owner and licensee of the skilled nursing facility and
the name and contact information of a single entity that is
responsible for all aspects of patient care and the operation of the
facility.
   (b) The Department shall accept a copy of the written notice and a
copy of the list of individuals and mailing addresses to whom the
facility sent the notification as satisfactory evidence that the
facility provided the required written notification.