Bill Text: CA AB279 | 2021-2022 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Intermediate care facilities and skilled nursing facilities: COVID-19.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2022-02-03 - Consideration of Governor's veto stricken from file. [AB279 Detail]
Download: California-2021-AB279-Amended.html
1287.
Bill Title: Intermediate care facilities and skilled nursing facilities: COVID-19.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2022-02-03 - Consideration of Governor's veto stricken from file. [AB279 Detail]
Download: California-2021-AB279-Amended.html
|
Amended
IN
Assembly
March 25, 2021 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 279
| Introduced by Assembly Members Muratsuchi and Santiago |
January 21, 2021 |
An act to add and repeal Section 1287 of the Health and Safety Code, relating to care facilities, and declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 279, as amended, Muratsuchi.
Intermediate care facilities and skilled nursing facilities. facilities: COVID-19.
(1) Existing law requires the State Department of Public Health to license, inspect, and regulate intermediate care facilities (ICF) and skilled nursing facilities (SNF). Existing law generally requires an ICF or SNF to comply with certain procedures and disclosures when transferring ownership or management of the facility, as specified. Existing law imposes criminal penalties on a person who violates the requirements imposed on these facilities.
This bill would prohibit the owner of an ICF or SNF from ceasing to deliver or making significant changes to the nature of residential an ICF or SNF, as defined, from
terminating or making significant changes to its skilled nursing or supportive care services, or from transferring a resident to another facility, during any declared state of emergency relating to the coronavirus disease 2019 (COVID-19), except if the owner files for bankruptcy. The a bankruptcy petition. The bill would authorize a resident transfer only if the transfer is deemed medically necessary by a government agency, or the impacted resident or their representative provides written consent, as specified.
The
bill would require, upon for one year after termination of the same type of state of emergency, the owner of an ICF or SNF to issue a 6-month advance notice of any proposed sale or termination of the licensed operation of the facility to each resident and their representatives before the sale or termination goes into effect. The bill would also prohibit prohibit, during the same type of state of emergency, any changes in all conditions for the sale of assets imposed by the Attorney General, except if the owner of an
ICF or SNF files for bankruptcy. By a bankruptcy petition.
During the same type of state of emergency, if a resident of an ICF or SNF, or an individual temporarily transferred to an ICF or SNF, has tested positive for COVID-19 within the previous 14 calendar days, the bill would require the ICF or SNF to notify all residents and their representatives about the existence of a new case of COVID-19, as specified, subject to state and federal privacy laws.
By
expanding the requirements and prohibitions imposed on a licensee of ICF or SNF, the failure to comply with would be
an ICF or SNF, and thereby expanding the scope of a crime, this bill would impose a state-mandated local program. The
The bill would repeal these provisions on January 1, 2026.
(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(3) This bill would declare that it is to take effect immediately as an urgency statute.
Digest Key
Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1287 is added to the Health and Safety Code, to read:(a)Unless the owner of a facility declares bankruptcy, a facility shall not do either of the following during any state of emergency declared pursuant to Section 8629 of the Government Code relating to the coronavirus disease 2019 (COVID-19), unless medically necessary or the impacted resident or patient consents:
(1)Cease delivering, or make significant changes to, the nature of residential care services.
(2)Transfer a resident or patient to another facility.
1287.
(a) Unless the owner of the facility files a bankruptcy petition under Title 11 of the United States Code or any other laws of the United States, a facility shall not terminate or make significant changes to its skilled nursing or supportive care services or transfer a resident to another facility during any state of emergency declared pursuant to Section 8625 of the Government Code relating to the coronavirus disease 2019 (COVID-19). A resident transfer may occur only if either of the following is met:(1) The transfer is deemed medically necessary by a government agency.(2) The impacted resident or their legally authorized representative, if applicable, provides written consent after being informed of their right to refuse the transfer in writing and in a language and manner that they understand.
(b) Upon For one year after termination of every
any state of emergency declared pursuant to Section 8629
8625 of the Government Code relating to COVID-19: COVID-19, the owner of a facility shall issue a six-month advance notice of any proposed sale or termination of the licensed operation of the facility to each resident or patient and their representatives before the sale or termination goes into effect.
(c) Unless the owner of a facility declares bankruptcy, all
files a bankruptcy petition under Title 11 of the United States Code or any other laws of the United States, both of the following apply during any state of emergency declared pursuant to Section 8629 8625 of the Government Code relating to the coronavirus disease 2019 (COVID-19): COVID-19:
(1) All conditions of operation imposed by the Attorney General as conditions for the sale of assets from a nonprofit entity to a for-profit entity shall remain in effect and
unchanged.
(2) All conditions for the sale of assets of imposed by the Attorney General that are in effect at the beginning of the state of emergency shall remain in effect.
(d) During any state of emergency declared pursuant to Section 8625 of the Government Code relating to COVID-19, if a resident of a facility, or an individual temporarily transferred to a facility from another facility or any other type of health facility, has tested positive for COVID-19 within the previous 14 calendar days, the facility of that resident or where that individual is transferred shall do both of the following, subject to state and federal privacy laws, as instructed by the department:
(1) Notify all other residents of the facility and their representatives about the existence of a new case of COVID-19, without disclosing the identity of the resident or other individual who has tested positive.
(2) In the case of a resident who has tested positive for COVID-19, notify the representatives of that resident about their COVID-19 case. In the case of an individual temporarily transferred to the facility and who has tested positive for COVID-19, if the individual becomes a resident of the facility, notify the representatives of that individual about their COVID-19 case.
(e) The protections provided under this section are in addition to, and not exclusive of, any other protections for facility
residents regarding transfer and discharge.
(d)
(f) For purposes of this section, “facility” shall mean the following definitions apply:
(1) Except as described in paragraph (2), “facility” means an intermediate
care facility, as defined in subdivision (d), (e), (g), or (h) (d) of Section 1250, and or a skilled nursing facility, as defined in subdivision (c) of Section 1250. 1250, but does not include either of the following:
(A) Licensed beds in any facility specified in Section 4100
of the Welfare and Institutions Code or any other facility operated by the State Department of State Hospitals.
(B) Any facility operated by the State Department of Developmental Services, including, but not limited to, any Stabilization, Training, Assistance and Reintegration (STAR) home, developmental center, or community facility.
(2) “Health facility” has the same meaning as defined in Section 1250.
(e)
(g) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.SEC. 3.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:To protect the residents and patients of immediate of intermediate care facilities or skilled nursing facilities maintain living
facilities and their continued residence in their supportive environment and to prevent foreseeable homeless homelessness of this vulnerable population during the crisis of the coronavirus disease 2019 (COVID-19) state of emergency, it is necessary for this act to take effect immediately.
