Bill Text: CA SB1354 | 2023-2024 | Regular Session | Amended
Bill Title: Long-term health care facilities: payment source and resident census.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Engrossed) 2024-06-26 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 16. Noes 0.) (June 25). Re-referred to Com. on APPR. [SB1354 Detail]
Download: California-2023-SB1354-Amended.html
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Amended
IN
Assembly
June 17, 2024 |
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Amended
IN
Senate
April 29, 2024 |
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Amended
IN
Senate
April 15, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 1354
| Introduced by Senator Wahab |
February 16, 2024 |
An act to amend Section 1599.78 of, and to add Section 1439.9 to, the Health and Safety Code, and to amend Sections 14005.19 and 14124.7 of the Welfare and Institutions Code, relating to health facilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 1354, as amended, Wahab.
Long-term health care facilities: payment source and resident census.
Existing law provides for the licensing and regulation of long-term health care facilities, including, among others, skilled nursing facilities and intermediate care facilities, by the State Department of Public Health. A violation of those provisions is generally a crime. Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions.
Existing law prohibits a long-term health care facility that participates as a provider under the Medi-Cal program from discriminating against a Medi-Cal patient on the basis of the source of payment for the facility’s services that are required to be provided to individuals entitled to
services under the Medi-Cal program. Existing law prohibits that facility from seeking to evict out of the facility, or transfer within the facility, any resident as a result of the resident changing their manner of purchasing the services from private payment or Medicare to Medi-Cal, except as specified.
This bill would require the facility to provide aid, care, service, or other benefits available under Medi-Cal to Medi-Cal beneficiaries in the same manner, by the same methods, and at the same scope, level, and quality as provided to the general public, regardless of payment source.
Existing federal regulations require certain nursing facilities to post their resident census and specified nurse staffing data on a daily basis.
This bill would require a long-term health care
skilled nursing facility that participates as a provider under the Medi-Cal program to make publicly available its current daily resident census,
census and nurse staffing data, as defined. The bill would require the facility to make the information available either by posting it on the facility’s internet website or by providing the information to a requester within 24 hours of a request, by telephone or email, as specified. The bill would exempt these requirements from the above-described and other related criminal penalties.
Existing law requires that a contract of admission to a long-term health care facility state that, except in an emergency, a resident may not be involuntarily transferred or discharged from the facility unless the resident and, if applicable, the resident’s representative, are given reasonable notice in writing and transfer or discharge planning as required by
law. Existing law requires that the written notice state the reason for the transfer or discharge.
This bill would require that the notice also include a specified statement relating to, among other things, restrictions on discharge from the facility or transfer within the facility solely as a result of changing the manner of purchasing services from private payment or Medicare to Medi-Cal payment, and certain resource information about facilities participating in Medi-Cal.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1439.9 is added to the Health and Safety Code, to read:1439.9.
(a) A(1) The facility posts on its internet website the facility’s current daily resident census.
census and nurse staffing data.
(2)Upon request, and within 24 hours of that request, the facility provides the facility’s current daily resident census to the requester by means of telephone or email, based on the requester’s preferred means.
(2) Upon request by telephone, the facility meets one or both of the following, based on the preference of the requester:
(A) Within 24 hours of
the request, the facility provides the facility’s current daily resident census and nurse staffing data to the requester verbally by means of telephone.
(B) Within two business days of the request, the facility provides the facility’s current daily resident census and nurse staffing data to the requester in writing by means of email. To comply with a request to provide current daily resident census and nurse staffing data by means of email, the facility may email a photograph of its posted current daily resident census and nurse staffing data.
(b) For purposes of this section, “current daily resident census” means the total number of patients residing at the long-term
health care facility on a given day. and “nurse staffing data” mean the data required to be posted by the facility pursuant to Section 483.35(g) of Title 42 of the Code of Federal Regulations corresponding to a given day in the case of paragraph (1) of subdivision (a), or corresponding to the day a request is made in the case of paragraph (2) of subdivision (a).
(c) This section shall not be construed as precluding the provision of any information by a long-term health care skilled nursing facility otherwise required by state or federal law, including, but not limited to, Section 483.35 of Title
42 of the Code of Federal Regulations.
(d) A violation of this section is exempt from Sections 1290 and 1431.
SEC. 2.
Section 1599.78 of the Health and Safety Code is amended to read:1599.78.
(a) A contract of admission shall state that, except in an emergency, a resident may not be involuntarily transferred or discharged from a long-term health care facility unless the resident and, if applicable, the resident’s representative, are given reasonable notice in writing and transfer or discharge planning as required by law. The written notice shall meet both of the following conditions:(1) The notice shall state the reason for the transfer or discharge.
(2) The notice shall include the following statement:
“At the time of admission,
this facility is an enrolled provider with the following: ____ Medi-Cal ____ Medicare.
If we participate in Medi-Cal, you will not be discharged from the facility or transferred within the facility, solely as a result of changing your manner of purchasing the services from private payment or Medicare to Medi-Cal. Medi-Cal, except for a potential transfer within the facility from a private room to a semiprivate room.
If we participate in Medi-Cal, you may be eligible for the Long-Term Care Medi-Cal program to help pay for your stay in the facility. For more information, refer to the attached notice DHCS 7077, Notice Regarding Standards for Medi-Cal Eligibility, from
the State Department of Health Care Services. Medi-Cal, Medicare, or a private payor may require that the resident pay a copayment, coinsurance, or a deductible, all of which the facility considers to be the resident’s share of cost.”
(b) The facility shall promptly notify the Office of the State Long-Term Care Ombudsman in every case of involuntary discharge as specified in Section 1439.7.
(c) The provisions of this section are intended to be consistent with federal law and regulations.
SEC. 3.
Section 14005.19 of the Welfare and Institutions Code is amended to read:14005.19.
The receipt of respite care, as defined in Section 1418.1 of the Health and Safety Code, shall not affect the eligibility of any individual with respect to benefits under this chapter, except as subject to the limitations of subdivision (c) of Section 14124.7.SEC. 4.
Section 14124.7 of the Welfare and Institutions Code is amended to read:14124.7.
(a) A long-term health care facility participating as a provider under the Medi-Cal program shall provide aid, care, service, or other benefits available under Medi-Cal to Medi-Cal beneficiaries in the same manner, by the same methods, and at the same scope, level, and quality as provided to the general public, regardless of payment source. This subdivision applies to, but is not limited to, admission practices, room selection and placements except as specified in subdivisions (b) and (d), and meal provision.(b) No long-term health care facility participating as a provider under the Medi-Cal program shall seek to evict out of the facility or,
effective January 1, 2002, transfer within the facility, any resident as a result of the resident changing their manner of purchasing the services from private payment or Medicare to Medi-Cal, except that a facility may transfer a resident from a private room to a semiprivate room if the resident changes to Medi-Cal payment status. This section also applies to residents who have made a timely and good faith application for Medi-Cal benefits and for whom an eligibility determination has not yet been made.
(c) This section does not apply to any resident of a skilled nursing facility or intermediate care facility, receiving respite care services, as defined in Section 1418.1 of the Health and Safety Code, unless it is already being provided through a Medicaid waiver program pursuant to Section 1396n of Title 42 of the United States Code,
or is already allowed as a covered service by the Medi-Cal program.
(d) Nothing in this section shall limit a facility’s ability to transfer a resident within a facility, as provided by law, because of a change in a resident’s health care needs or if the bed retention would result in there being no available Medicare-designated beds within a facility.
(e) This section shall be implemented only to the extent that it does not conflict with federal law.
