Bill Text: CA AB1612 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Clinics: licensure.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2024-01-25 - Consideration of Governor's veto stricken from file. [AB1612 Detail]
Download: California-2023-AB1612-Amended.html
Bill Title: Clinics: licensure.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2024-01-25 - Consideration of Governor's veto stricken from file. [AB1612 Detail]
Download: California-2023-AB1612-Amended.html
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Amended
IN
Senate
August 17, 2023 |
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Amended
IN
Assembly
March 23, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1612
| Introduced by Assembly Member Pacheco (Coauthor: Assembly Member Wood) |
February 17, 2023 |
An act to amend Sections 1204, 1226, and 129885 of the Health and Safety Code, relating to clinics.
LEGISLATIVE COUNSEL'S DIGEST
AB 1612, as amended, Pacheco.
Clinics: licensure.
Existing law requires the State Department of Public Health to license and regulate various types of clinics, including primary care clinics and speciality specialty clinics.
This bill would authorize a licensed primary care clinic with a license in good standing with the department for the preceding 5 years to construct a new outpatient clinic, acquire ownership or control of an outpatient setting, as defined, acquire or control certain offices or clinics exempt from licensure, as specified, or acquire ownership or control of a previously licensed
primary care clinic. The bill would authorize a facility constructed or acquired by a licensed primary care clinic under these provisions to be deemed compliant with the minimum construction standards of adequacy and safety required for the primary care clinic constructing or acquiring the facility, as specified. The bill would require the department to immediately approve a license for these facilities without the necessity of first conducting an initial onsite survey upon receipt of a written notice, as specified.
Existing law requires the Department of Health Care Access and Information, formerly 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 clinics, as specified, in the California Building Standards Code.
This bill would additionally require the department to consult the
California Building Standards Commission in prescribing these minimum construction standards. The bill would require these standards to be developed in consideration of the essential role of clinics in increasing access to care and health equity and the unique and distinct needs of clinics in contrast to health facilities, as defined.
Existing law imposes plan review and building inspection responsibilities on cities and counties for the construction or alteration of buildings where outpatient clinical services or limited inpatient services of a licensed health facility, as defined, are provided when those buildings are separated from a building in which hospital services are provided. Existing law prohibits building standards for the construction or alteration of these buildings from being more restrictive or comprehensive than comparable building standards established or applied to licensed clinics, as defined.
This bill
would remove the prohibition described above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1204 of the Health and Safety Code is amended to read:1204.
Clinics eligible for licensure pursuant to this chapter are primary care clinics and specialty clinics.(a) (1) Only the following defined classes of primary care clinics shall be eligible for licensure:
(A) A “community clinic” means a clinic operated by a tax-exempt nonprofit corporation that is supported and maintained in whole or in part by donations, bequests, gifts, grants, government funds funds, or
contributions, that may be in the form of money, goods, or services. In a community clinic, any charges to the patient shall be based on the patient’s ability to pay, utilizing a sliding fee scale. No corporation other than a nonprofit corporation, exempt from
federal income taxation under paragraph (3) of subsection (c) of Section 501 of the Internal Revenue Code of 1954 as amended, or a statutory successor thereof, shall operate a community clinic; provided, that the licensee of any community clinic so licensed on the effective date of this section shall not be required to obtain tax-exempt status under either federal or state law in order to be eligible for, or as a condition of, renewal of its license. No natural person or persons shall operate a community clinic.
(B) A “free clinic” means a clinic operated by a tax-exempt, nonprofit corporation supported in whole or in part by voluntary donations, bequests, gifts, grants, government funds
funds, or contributions, that may be in the form of money, goods, or services. In a free clinic there shall be no charges directly to the patient for services rendered or for drugs, medicines, appliances, or apparatuses furnished. No corporation other than a nonprofit corporation exempt from federal income taxation under paragraph (3) of subsection (c) of Section 501 of the Internal Revenue Code of 1954 as amended, or a statutory successor thereof, shall operate a free clinic; provided, that the licensee of any free clinic so licensed on the effective date of this section shall not be required to obtain tax-exempt status under either federal or state law in order to be eligible for, or as a condition of, renewal of its license. No natural person or persons shall operate a free clinic.
(2) Nothing in
this subdivision shall prohibit a community clinic or a free clinic from providing services to patients whose services are reimbursed by third-party payers, or from entering into managed care contracts for services provided to private or public health plan subscribers, as long as the clinic meets the requirements identified in subparagraphs (A) and (B). For purposes of this subdivision, any payments made to a community clinic by a third-party payer, including, but not limited to, a health care service plan, shall not constitute a charge to the patient. This paragraph is a clarification of existing law.
(3) A licensed primary care clinic with a license in good standing with the department for the preceding five years may construct a new outpatient clinic, acquire ownership or control of an outpatient setting, as defined in Section 1248,
acquire ownership or control a clinic or office exempt from licensure pursuant to subdivision (a) or (h) of Section 1206, or acquire ownership or control of a previously licensed primary care clinic.
(A) A facility constructed or acquired pursuant to this paragraph shall be deemed compliant with the minimum construction standards of adequacy and safety required for the primary care clinic constructing or acquiring the facility. This subparagraph shall only apply to an acquired facility if the acquired facility was actively seeing patients within the 18 months immediately preceding acquisition by a licensed primary care clinic.
(B) The department, immediately following receipt of written notice by the primary care clinic constructing or acquiring the facility,
shall approve a license for the constructed or acquired facility, without the necessity of first conducting an initial onsite survey. No particular form of written notice shall be required by the department. Written notice that satisfies the requirements under subdivision (b) of Section 1218.1, except for paragraph (8), shall be deemed sufficient by the department for purposes of this section.
(b) The following types of specialty clinics shall be eligible for licensure as specialty clinics pursuant to this chapter:
(1) A “surgical clinic” means a clinic that is not part of a hospital and that provides ambulatory surgical care for patients who remain less than 24 hours. A surgical clinic does not include any place or establishment owned or leased and operated as a clinic or office by
one or more physicians or dentists in individual or group practice, regardless of the name used publicly to identify the place or establishment, provided, however, that physicians or dentists may, at their option, apply for licensure.
(2) A “chronic dialysis clinic” means a clinic that provides less than 24-hour care for the treatment of patients with end-stage renal disease, including renal dialysis services.
(3) A “rehabilitation clinic” means a clinic that, in addition to providing medical services directly, also provides physical rehabilitation services for patients who remain less than 24 hours. Rehabilitation clinics shall provide at least two of the following rehabilitation services: physical therapy, occupational therapy, social, speech pathology, and audiology services.
A rehabilitation clinic does not include the offices of a private physician in individual or group practice.
(4) An “alternative birth center” means a clinic that is not part of a hospital and that provides comprehensive perinatal services and delivery care to pregnant women who remain less than 24 hours at the facility.
SEC. 2.
Section 1226 of the Health and Safety Code is amended to read:1226.
(a) The regulations shall prescribe the kinds of services that 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
Department of Health Care Access and Information, in consultation with the Community Clinics Advisory Committee and the California Building Standards Commission, shall prescribe minimum construction standards of adequacy and safety for the physical plant of clinics as found in the California Building Standards Code. The minimum construction standards shall be developed in consideration of the essential role of clinics in increasing access to care and health equity and the unique and distinct needs of clinics in contrast to health facilities, as defined in Section 1250. Consistent with paragraph (3) of subdivision (a) of Section 1206, a facility constructed or acquired by a licensed primary care clinic shall be deemed compliant with the minimum construction standards of adequacy and safety required for the primary care clinic constructing or acquiring the facility.
(c) A city or county, as applicable, shall have plan review and building inspection responsibilities for the construction or alteration of buildings described in paragraphs (1) and (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 submission 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 construction, whether or not these standards have been met.
(d) If upon initial submission, 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 Department of Health Care Access and Information, which shall review the plans for certification whether or not the clinic project meets the standards, as propounded by the office in the 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.
SEC. 3.
Section 129885 of the Health and Safety Code is amended to read:129885.
(a) 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) of subdivision (b) of Section 129725. For chronic dialysis and surgical services buildings, construction or alteration shall include conversion of a building to a purpose specified in paragraph (1) of subdivision (b) of Section 129725.(b) Upon the initial submission to a city or county by the governing authority or owner of a hospital for plan review and building inspection services for buildings described in paragraph (1) of subdivision (b) of Section 129725 for chronic dialysis and surgical services,
the city or county shall reply in writing to the hospital as to 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 clinic standards propounded by the department 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 the standards have been met.
(c) If, upon initial
submission, the city or county indicates that its plan review will not include this certification, the governing authority or owner shall submit the plans to the Department of Health Care Access and Information and the department shall review the plans for certification to determine whether or not the clinic project meets the standards propounded by the department in the California Building Standards Code.
(d) When the department performs the certification review, the department shall charge a fee in an amount not to exceed its actual cost.
(e) Notwithstanding subdivision (a), the governing authority of a hospital may request the Department of Health Care Access and Information to perform plan review and building inspection services for buildings described in paragraph (1) of
subdivision (b) of Section 129725 and Section 129730. The department shall perform these services upon request and shall charge an amount equal to its standard fee for the construction and alteration of hospital buildings. 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 and building inspection of the department pursuant to this subdivision. The department shall issue the building permit and certificate of occupancy for these facilities.
(f) A building described in paragraph (1) of subdivision (b) of Section 129725 that is subject to the plan review and building inspection of the department pursuant to subdivision (e), may be designated by the governing authority or owner of the hospital as a
“hospital building” as long as the building remains under the jurisdiction of the department. This hospital building shall be reviewed and inspected according to the standards and requirements of the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 (Chapter 1 (commencing with Section 129675)).
(g) When a building is accepted for review by the department pursuant to subdivision (e), the governing authority of the hospital shall not request the city or county, as applicable, to conduct plan review and building inspection for any subsequent alteration of the same building, unless written notification is submitted to the department by the governing authority or owner of the hospital.
