Bill Text: CA AB2673 | 2021-2022 | Regular Session | Amended
Bill Title: Hospice agency licensure: moratorium on new licenses.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2022-09-29 - Chaptered by Secretary of State - Chapter 797, Statutes of 2022. [AB2673 Detail]
Download: California-2021-AB2673-Amended.html
Amended
IN
Senate
August 22, 2022 |
Amended
IN
Senate
June 20, 2022 |
Amended
IN
Assembly
April 28, 2022 |
Amended
IN
Assembly
March 31, 2022 |
Amended
IN
Assembly
March 17, 2022 |
Introduced by Assembly Member Irwin (Principal coauthor: Senator Allen) (Coauthor: Assembly Member Friedman) |
February 18, 2022 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1748 of the Health and Safety Code is amended to read:1748.
(a) Except as otherwise provided in subdivision (b) or (d) of Section 1747, no person, political subdivision of the state, or other governmental agency shall establish, conduct, maintain, or represent itself as a hospice agency unless a license has been issued under this chapter. Multiple locations need not obtain a separate license. Multiple locations shall be listed on the license of the parent agency and each shall pay a licensing fee in the amount prescribed by subdivision (a) of Section 1750.(d)A person, political subdivision of the state, or other governmental agency issued a license to establish a hospice, shall not transfer a license to another person, political
subdivision of the state, or other governmental agency within five years of issuance. Only the person, political subdivision of the state, or other governmental agency initially issued a license for the purposes of establishing a hospice, may use that license during the five-year period. The department may establish an exception to this moratorium for extenuating circumstances upon a finding that a transfer is necessary to ensure continuity of care for existing patients.
SEC. 2.
Section 1749 of the Health and Safety Code is amended to read:1749.
(a) To qualify for a license under this chapter, an applicant shall satisfy all of the following:(b)
(c)
(d)If the applicant has not previously qualified for a hospice license, the applicant shall demonstrate and provide evidence of an unmet need of hospice services in the geographic
region a hospice would serve. If the applicant has previously qualified for a hospice license, the state department shall review the applicant for their history of compliance and any complaints.
(e)
(f)The state department shall ensure that any transfer of a license to a person, political subdivision of the state, or other governmental
agency meets the requirements of this section.
(g)
SEC. 3.
Section 1751.5 of the Health and Safety Code is amended to read:1751.5.
(a) Notwithstanding any other provision of this chapter, the department shall issue a license to a hospice agency that applies to the department for a hospice agency license and meets all of the following requirements:(3)
By January 1, 2024, the department shall adopt emergency regulations to implement the recommendations in California State Auditor Report 2021-123 on the California Hospice Licensure and Oversight (March 29, 2022). The department shall maintain the general moratorium on new hospice licenses until the department adopts the regulations, but in no event later than March 29, 2024. The emergency regulations shall do all of the following:
(a)Establish time and distance standards that define the maximum time and distance hospice agency staff may travel to reach patients, taking into consideration typical traffic conditions and whether the hospice agency is serving patients in rural or urban
areas.
(b)Establish guidelines for assessing the appropriateness of a hospice agency’s ratio of patients to nurses.
(c) Establish a limit for the number of hospice agencies that hospice management personnel can be involved with concurrently.
(d)Require hospice management personnel to have hospice-specific training or experience.
(e)Require the department, as part of its review of the initial application, to verify that the hospice management personnel listed on the licensing application are, in fact, associated with the hospice agency, such as by contacting them by telephone, and verify the work history of hospice management personnel by speaking with these
individuals’ previous employers by telephone.
(f)Require the department to verify the status of the professional licenses for all hospice medical personnel, including contracted medical directors, as part of the initial license application. The regulations shall also establish guidelines for when the department is required to deny the application of a hospice agency that is proposing to use medical personnel whose professional license records indicate the imposition of a disciplinary action. For example, probation for gross negligence or fraudulent billing shall be a cause to deny a hospice agency’s application, even if the medical director’s license is currently active.
(g)Establish requirements for initial licensing site
visits, and after a transfer of license, that include verifying the identities of all hospice personnel and ensuring that the hospice agency is set up to provide adequate care. The department shall develop specific requirements for hospice office space, and verify compliance with those requirements during the initial site visit.
(h)Establish requirements for followup inspections to the initial site visits within one year of initial licensing, to verify that hospice agencies are complying with those hospice standards that cannot be assessed before the agencies begin providing care to patients. These inspections shall be unannounced and take place after the hospice agency has begun caring for patients. During these inspections, the department shall do all of the following:
(1)Visit patients.
(2)Ensure that the certifications of terminal illness are accurate.
(3)Confirm that the hospice agency is providing adequate care.
(4)Check hospice personnel identities and medical licenses.
(5)Ensure that the hospice agency has reported any management personnel changes.
SEC. 5.SEC. 4.
Section 1751.70 of the Health and Safety Code is amended to read:1751.70.
(a) Notwithstanding any other law and except as provided in Section 1751.75, on and after January 1, 2022, and until the earlier of two years from the date that the California State Auditor publishes a report on hospice licensure, or the date emergency regulations are adopted pursuant to SectionSEC. 6.SEC. 5.
Section 1752.1 is added to the Health and Safety Code, to read:1752.1.
(a) Any person may request an investigation ofSEC. 6.
Section 1753 of the Health and Safety Code is amended to read:1753.
(a) TheSEC. 7.
Section 1753.1 is added to the Health and Safety Code, to read:1753.1.
On or before January 1, 2024, the Department shall adopt emergency regulations to implement the recommendations in California State Auditor Report 2021-123 on the California Hospice Licensure and Oversight (March 29, 2022). The department shall maintain the general moratorium on new hospice agency licenses until the department adopts the regulations, but in no event later than March 29, 2024. The emergency regulations shall do all of the following:SEC. 7.SEC. 8.
Section 1755 of the Health and Safety Code is amended to read:1755.
(a) The(2)
(3)
(4)
(5)
(6)