Bill Text: CA AB369 | 2009-2010 | Regular Session | Enrolled
Bill Title: Adult day health care centers.
Spectrum: Bipartisan Bill
Status: (Vetoed) 2010-01-14 - Consideration of Governor's veto stricken from file. [AB369 Detail]
Download: California-2009-AB369-Enrolled.html
BILL NUMBER: AB 369 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 2, 2009
PASSED THE ASSEMBLY SEPTEMBER 8, 2009
AMENDED IN SENATE AUGUST 24, 2009
AMENDED IN SENATE JUNE 22, 2009
AMENDED IN ASSEMBLY JUNE 1, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Yamada
(Coauthors: Assembly Members Jones and Knight)
(Coauthor: Senator Denham)
FEBRUARY 23, 2009
An act to amend Section 14043.46 of the Welfare and Institutions
Code, relating to adult day health care centers.
LEGISLATIVE COUNSEL'S DIGEST
AB 369, Yamada. Adult day health care centers.
The California Adult Day Health Care Act provides for the
licensure and regulation of adult day health care centers, with
administrative responsibility for the adult day health care program
shared among the State Department of Public Health, the State
Department of Health Care Services, and the California Department of
Aging pursuant to an interagency agreement.
The Adult Day Health Medi-Cal Law establishes adult day health
care services as a Medi-Cal benefit for Medi-Cal beneficiaries who
meet certain criteria. Under existing law, participation in an adult
day health care program requires prior authorization by the State
Department of Health Care Services.
Existing law authorizes the State Department of Health Care
Services to implement a moratorium on the certification and
enrollment into the Medi-Cal program of new adult day health care
centers on a statewide basis or within a geographic area, subject to
certain limitations. Existing law provides that the moratorium shall
not apply to certain applicants.
This bill would add 2 specified veterans homes of California, to
the list of applicants that are not subject to the moratorium.
This bill would also make technical, nonsubstantive changes to
these provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14043.46 of the Welfare and Institutions Code
is amended to read:
14043.46. (a) Notwithstanding any other provision of law, on the
effective date of the act adding this section, the department may
implement a one-year moratorium on the certification and enrollment
into the Medi-Cal program of new adult day health care centers on a
statewide basis or within a geographic area.
(b) The moratorium shall not apply to the following:
(1) Programs of All-Inclusive Care for the Elderly (PACE)
established pursuant to Chapter 8.75 (commencing with Section 14590).
(2) An organization that currently holds a designation as a
federally qualified health center as defined in Section 1396d(l)(2)
of Title 42 of the United States Code.
(3) An organization that currently holds a designation as a
federally qualified rural health clinic as defined in Section 1396d
(l)(1) of Title 42 of the United States Code.
(4) An applicant with the physical location of the center in an
unserved area, which is defined as a county having no licensed and
certified adult day health care center within its geographic
boundary.
(5) Commencing May 1, 2006, an applicant for certification that
meets all of the following:
(A) Is serving persons discharged into community housing from a
nursing facility operated by the City and County of San Francisco.
(B) Has submitted, after December 31, 2005, but prior to February
1, 2006, an application for certification that has not been denied.
(C) Meets all criteria for certification imposed under this
article and is licensed as an adult day health care center pursuant
to Chapter 3.3 (commencing with Section 1570) of Division 2 of the
Health and Safety Code.
(6) An applicant that is requesting expansion or relocation, or
both, that has been Medi-Cal certified as an adult day health care
center for at least four years, is expanding or relocating within the
same county, and that meets one of the following population-based
criteria as reported in the California Long Term Care County Data
Book, 2002:
(A) The county is ranked number one or two for having the highest
ratio of persons over 65 years of age receiving Medi-Cal benefits.
(B) The county is ranked number one or two for having the highest
ratio of persons over 85 years of age residing in the county.
(C) The county is ranked number one or two for having the greatest
ratio of persons over 65 years of age living in poverty.
(7) An applicant for certification that is currently licensed and
located in a county with a population that exceeds 9,000,000 and
meets the following criteria:
(A) The applicant has identified a special population of regional
center consumers whose individual program plan calls for the
specialized health and social services that are uniquely provided
within the adult day health care center, in order to prevent
deterioration of the special population's health status.
(B) The referring regional center submits a letter to the Director
of Health Care Services supporting the applicant for certification
as an adult day health care provider for this special population.
(C) The applicant is currently providing services to the special
population as a vendor of the referring regional center.
(D) The participants in the center are clients of the referring
regional center and are not residing in a health facility licensed
pursuant to subdivision (c), (d), (g), (h), or (k) of Section 1250 of
the Health and Safety Code.
(8) The William J. "Pete" Knight Veterans Home of California,
Lancaster; and the Veterans Home of California, Ventura.
(c) The moratorium shall not prohibit the department from
approving a change of ownership, relocation, or increase in capacity
for an adult day health care center if the following conditions are
met:
(1) For an application to change ownership, the adult day health
care center meets all of the following conditions:
(A) Has been licensed and certified prior to the effective date of
this section.
(B) Has a license in good standing.
(C) Has a record of substantial compliance with certification laws
and regulations.
(D) Has met all requirements for the change of ownership
application.
(2) For an application to relocate an existing facility, the
relocation center shall meet all of the conditions of paragraph (1)
and both of the following conditions:
(A) Be located in the same county as the existing licensed center.
(B) Be licensed for the same capacity as the existing licensed
center, unless the relocation center is located in an underserved
area, which is defined as a county having 2 percent or fewer Medi-Cal
beneficiaries over the age of 65 years using adult day health care
services, based on 2002 calendar year Medi-Cal utilization data.
(3) For an application to increase the capacity of an existing
facility, the center shall meet all of the conditions of paragraph
(1) and shall be located in an underserved area, which is defined as
a county having 2 percent or fewer Medi-Cal beneficiaries over the
age of 65 years using adult day health care services, based on 2002
calendar year Medi-Cal utilization data.
(d) Following the first 180 days of the moratorium period, the
department may make exceptions to the moratorium for new adult day
health care centers that are located in underserved areas if the
center's application was on file with the department on or before the
effective date of the act adding this section. In order to apply for
this exemption, an applicant or licensee shall meet all of the
following criteria:
(1) The applicant has control of a facility, either by ownership
or lease agreement, that will house the adult day health care center,
has provided to the department all necessary documents and fees, and
has completed and submitted all required fingerprinting forms to the
department.
(2) The physical location of the applicant's or licensee's adult
day health care center is in an underserved area, which is defined as
a county having 2 percent or fewer Medi-Cal beneficiaries over the
age of 65 years using adult day health care services, based on 2002
calendar year Medi-Cal utilization data.
(e) During the period of the moratorium, a licensee or applicant
that meets the criteria for an exemption as defined in subdivision
(d) may submit a written request for an exemption to the director.
(f) If the director determines that a new adult day health care
licensee or applicant meets the exemption criteria, the director may
certify the licensee or applicant, once licensed, for participation
in the Medi-Cal program.
(g) The director may extend this moratorium, if necessary, to
coincide with the implementation date of the adult day health care
waiver.
(h) The authority granted in this section shall not be interpreted
as a limitation on the authority granted to the department in any
other section.
