Bill Text: CA AB911 | 2015-2016 | Regular Session | Amended
Bill Title: Hospitals: closures.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB911 Detail]
Download: California-2015-AB911-Amended.html
BILL NUMBER: AB 911 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 14, 2015
INTRODUCED BY Assembly Member Brough
(Principal coauthor: Senator Bates)
FEBRUARY 26, 2015
An act to add Section 1255.23 to the Health and Safety Code,
relating to hospitals, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 911, as amended, Brough. Hospitals: closures.
Existing law provides for the licensure and regulation of health
facilities, including general acute care hospitals, by the State
Department of Public Health. Existing law authorizes a general acute
care hospital, as defined, to offer special services, including, but
not limited to, emergency medical services. Existing law requires a
hospital that provides emergency medical services to provide notice
of the planned reduction or elimination of those services to certain
entities and the public, as specified. Existing law requires
a health facility that implements a downgrade or change in services
to make a reasonable effort to inform the community that it serves of
the downgrade or change, as specified. Existing law authorizes the
department to exempt a hospital from those disclosure requirements
upon specified circumstances.
This bill would require a general acute care hospital that
provides emergency medical services that is scheduled for closure to
conduct public hearings for public review and comment, as specified.
The bill would also authorize Saddleback Memorial Medical Center, San
Clemente, to continue, under its existing license, to provide
emergency medical services to patients in the region if it otherwise
transforms its delivery of services.
This bill would authorize Saddleback Memorial Medical Center to
operate an emergency department at its San Clemente campus, subject
to specified requirements.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the communities of San
Clemente, Dana Point, and San Juan Capistrano.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature
in enacting this act to do the following:
(a) Authorize Saddleback Memorial Medical Center, San Clemente, to
operate a stand-alone emergency room for purposes of stabilizing
patients prior to transfer to any other hospital in the region.
(b) Provide transparency with regard to hospital closures.
SEC. 2. Section 1255.23 is added to the Health
and Safety Code, immediately following Section 1255.2, to read:
1255.23. (a) In addition to the requirements set forth in
Sections 1255.1 and 1255.2, a general acute care hospital that
provides emergency medical services pursuant to Section 1255, and
that is scheduled for closure, shall conduct a public hearing for
public review and comment during the 90-day period established
pursuant to subdivision (a) of Section 1255.1.
(b) A hospital that conducts a public hearing pursuant to
subdivision (a) shall conduct the hearing pursuant to the procedural
requirements that are established pursuant to the Ralph M. Brown Act
(Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of
Title 5 of the Government Code).
SEC. 3. Notwithstanding any other law,
Saddleback Memorial Medical Center, San Clemente, may continue, under
its existing license, to provide emergency medical services to
patients in the region if it otherwise transforms its delivery of
services.
SECTION 1. Section 1255.23 is added to the
Health and Safety Code , immediately following
Section 1255.2 , to read:
1255.23. (a) Notwithstanding any other law, Saddleback Memorial
Medical Center may operate an emergency department at its San
Clemente campus, subject to the following requirements:
(1) The emergency department shall operate under the consolidated
license of Saddleback Memorial Medical Center and meet all of the
requirements imposed under that license, including being within 15
miles of its parent hospital.
(2) The emergency department shall be a conversion from a
previously existing acute care campus and may not be a newly
developed freestanding emergency department.
(3) The emergency department shall be open 24 hours a day, 365
days a year.
(4) The emergency department shall be staffed by at least one
board-certified emergency physician at all times.
(5) The emergency department shall be staffed with properly
trained emergency room nurses and meet the minimum staffing
requirements for emergency departments in this state.
(6) The emergency department shall have a complete range of
laboratory and diagnostic radiology services, including a complete
array of laboratory test, basic X-ray, computerized tomography (CT)
scan, and ultrasound capabilities.
(7) The emergency department shall meet the specialty call
requirements, as defined by the Orange County Emergency Medical
Services Agency, under its consolidated license.
(8) The emergency department shall have transfer agreements with
specialty centers, such as trauma, burn, and pediatric centers, to
meet the needs of the injury or patient population served in the
community.
(9) The emergency department shall have the capabilities to
stabilize patients with emergency medical conditions and to transport
them to its parent hospital or other higher level of care facilities
in a safe and timely manner, consistent with the standards of care
in the local communities.
(10) The emergency department shall have a fully functioning
transport program with a proven track record of safely transporting
patients who require admission to its parent hospital or other higher
level of care and specialty services facilities, such as trauma,
burn, and pediatric facilities.
(11) All applicable federal and state regulatory requirements
shall be met under the consolidated license of Saddleback Memorial
Medical Center, including all applicable regulations of the Centers
for Medicare and Medicaid Services and Title 22 of the California
Code of Regulations.
(b) Nothing in this section shall be construed to require
Saddleback Memorial Medical Center to provide for concomitant acute
care services at the San Clemente campus or to seek additional
licensure for operation of the emergency department that is
authorized pursuant to this section.
SEC. 4. SEC. 2. The Legislature
finds and declares that a special law is necessary and that a general
law cannot be made applicable within the meaning of Section 16 of
Article IV of the California Constitution because of the unique
circumstances regarding the provision of emergency medical services
to the communities of San Clemente, Dana Point, and San Juan
Capistrano.
SEC. 5. 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 Constitution and shall go into immediate effect. The facts
constituting the necessity are:
In order to ensure the provision of emergency medical services to
the communities of San Clemente, Dana Point, and San Juan Capistrano
at the earliest point in time, and to provide transparency
with regard to hospital closures, it is necessary that this
act take effect immediately.
