Bill Text: CA AB2096 | 2021-2022 | Regular Session | Introduced

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

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Bill Title: Chemical dependency recovery hospitals.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2022-09-02 - Chaptered by Secretary of State - Chapter 233, Statutes of 2022. [AB2096 Detail]

Download: California-2021-AB2096-Introduced.html

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CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2096

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Introduced by Assembly Member Mullin

February 14, 2022

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An act to amend Section 1250.3 of the Health and Safety Code, relating to health facilities.

LEGISLATIVE COUNSEL'S DIGEST

AB 2096, as introduced, Mullin. Chemical dependency recovery hospitals.

Existing law provides for the licensure and regulation by the State Department of Public Health of certain health facilities, including chemical dependency recovery hospitals, which is defined to mean a health facility that provides 24-hour inpatient care for persons who have a dependency on alcohol or other drugs, or both alcohol and other drugs. Existing law authorizes chemical dependency recovery services to be provided as a supplemental service in existing general acute care beds and acute psychiatric beds in a distinct part of a general acute care hospital or acute psychiatric hospital or in existing beds in a distinct part of a freestanding facility, as specified.

This bill would authorize a chemical dependency recovery hospital to exist within a building that houses a distinct part acute psychiatric hospital, an acute psychiatric hospital, or a general acute care hospital, and wherein other services of the hospital are provided if the chemical dependency recovery hospital meets other applicable building standards and is separated by a wall, floor, or other permanent partition, but may share an elevator, stairs, or stairwell, and need not be freestanding.

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.

 Section 1250.3 of the Health and Safety Code is amended to read:

1250.3.

 (a) As defined in Section 1250, “health facility” includes the following type: “Chemical a “chemical dependency recovery hospital” hospital,” which means a health facility that provides 24-hour inpatient care for persons who have a dependency on alcohol or other drugs, or both alcohol and other drugs. This care shall include, but not be limited to, the following basic services: patient counseling, group therapy, physical conditioning, family therapy, outpatient services, and dietetic services. Each facility shall have a medical director who is a physician and surgeon licensed to practice in this state.

(b) The Legislature finds and declares that problems related to the inappropriate use of alcohol or other drugs, or both alcohol and other drugs, are widespread and adversely affect the general welfare of the people of the State of California. It is the intent of the Legislature that the chemical dependency recovery hospital will provide an innovative inpatient treatment program for persons who have a dependency on alcohol or drugs, or both alcohol and other drugs. The Legislature further finds and declares that significant cost reductions can be achieved by chemical dependency recovery hospitals when both of the following conditions exist:

(1) Architectural requirements established by the department encourage a flexible and open construction approach that significantly reduces capital construction costs. costs and allows for the use of nonfreestanding facilities.

(2) Programs are designed to provide comprehensive inpatient treatment while permitting substantial flexibility in the use of qualified personnel to meet the specific needs of the patients of the facility.

(c) Beds classified as chemical dependency recovery beds in a general acute care hospital or acute psychiatric hospital or a freestanding facility that is owned or leased by the general acute care hospital or the acute psychiatric hospital, that is located on the same premises or adjacent premises thereof, not to exceed a 15-mile radius within the same health facility planning area, as defined January 1, 1981, by the Office of Statewide Health Planning and Development, and that is under the administrative control of the general acute care hospital or the acute psychiatric hospital, shall be used exclusively for alcohol or other drug dependency treatment, or both alcohol and other drug dependency treatment. No general acute care hospital or acute psychiatric hospital or a freestanding facility, as defined in this subdivision, shall, without fulfilling the requirements of the licensing laws and health planning laws, convert beds classified as chemical dependency recovery beds to any other bed classification or provide new chemical dependency recovery beds by increasing bed capacity.

(d) (1) Chemical dependency recovery services may be provided as a supplemental service in existing general acute care beds and acute psychiatric beds in a general acute care hospital or in existing acute psychiatric beds in an acute psychiatric hospital or in existing beds in a freestanding facility, as defined in subdivision (c). When providing chemical dependency recovery services as a supplemental service, the general acute care hospital, acute psychiatric hospital, or freestanding facility, as defined in subdivision (c), shall provide the supplemental services in a distinct part of the hospital or freestanding facility, if the distinct part satisfies the criteria established by law and regulation for approval as a chemical dependency recovery supplemental service.

(2) For purposes of this subdivision, “distinct part” means an identifiable unit of a hospital or a freestanding facility, as defined in subdivision (c), accommodating beds, and related services, including, but not limited to, contiguous rooms, a wing, a floor, or a building that is approved by the department for a specific purpose. Notwithstanding any other provisions of this subdivision, an acute psychiatric hospital that provides all of the basic services specified in subdivision (b) of Section 1250 may, subject to the approval of the department, have all of its licensed acute psychiatric beds approved for chemical dependency recovery services. Chemical dependency recovery services provided pursuant to this subdivision shall not require a separate license or reclassification of beds under the health planning laws.

(e) If the chemical dependency recovery hospital is not a supplemental service of a general acute care hospital, it shall have agreements with one or more general acute care hospitals providing for 24-hour emergency service and pharmacy, laboratory, and any other services that the department may require.

(f) Notwithstanding any other law, a chemical dependency recovery hospital may exist within a building that houses a distinct part acute psychiatric hospital, an acute psychiatric hospital, or a general acute care hospital, and wherein other services of the hospital are provided if both of the following requirements are satisfied:

(1) The chemical dependency recovery hospital meets other applicable building standards.

(2) The chemical dependency recovery hospital is separated by a wall, floor, or other permanent partition, but may share an elevator, stairs, or stairwell, and need not be freestanding.

(f)

(g) Any reference in any statute to Section 1250 shall be deemed and construed to also be a reference to this section.