Bill Text: CA SB732 | 2009-2010 | Regular Session | Amended
Bill Title: Medi-Cal: skilled nursing facilities: quality assurance
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-06-29 - Set, first hearing. Hearing canceled at the request of author. [SB732 Detail]
Download: California-2009-SB732-Amended.html
BILL NUMBER: SB 732 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 8, 2010
AMENDED IN SENATE JANUARY 20, 2010
AMENDED IN SENATE JANUARY 5, 2010
AMENDED IN SENATE DECEMBER 17, 2009
AMENDED IN SENATE MARCH 31, 2009
INTRODUCED BY Senator Alquist
FEBRUARY 27, 2009
An act to amend Section 1324.23 of the Health and Safety Code,
relating to Medi-Cal, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 732, as amended, Alquist. Medi-Cal: skilled nursing facilities:
quality assurance fees.
Existing law provides for the licensure and regulation by the
State Department of Public Health of long-term health care
facilities, including skilled nursing facilities. Existing law
requires the department to impose a uniform quality assurance fee on
each skilled nursing facility, with certain exceptions, in accordance
with a prescribed formula. The formula is based on the determination
of the projected net revenues of skilled nursing facilities. The fee
will cease to be assessed and collected on and after July 31, 2011.
Existing law provides for the Medi-Cal program, administered by
the State Department of Health Care Services, under which health care
services, including nursing facility services, are provided to
qualified low-income persons.
Existing law authorizes the director to adopt regulations as are
necessary to implement the above-described quality assurance fee.
Existing law authorizes the director, as an alternative to adopting
regulations, to implement the above-described provisions, in whole or
in part, by means of a provider bulletin, or other similar
instructions, without taking regulatory action, provided that neither
the bulletin nor the other similar instructions remain in effect
after July 31, 2010.
This bill would permit provider bulletins or similar instructions
related to exemptions from the quality assurance fee for
continuing care retirement communities or multilevel retirement
facilities providers of a continuum of services,
including independent living services, assisted living services, and
skilled nursing care on a single campus that have not received a
Letter of Exemption from the State Department of Social Services,
as specified , issued prior to July 31, 2010, to
remain in effect after July 31, 2010. It would also authorize the
director to issue new provider bulletins or similar instructions,
after July 31, 2010, related to exemptions from the quality assurance
fee for continuing care retirement communities or
multilevel retirement facilities providers of a
continuum of services, including independent living services,
assisted living services, and skilled nursing care on a single campus
that have not received a Letter of Exemption from the State
Department of Social Services, as specified .
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. Section 1324.23 of the Health and Safety Code is
amended to read:
1324.23. (a) The Director of Health Care Services, or his or her
designee, shall administer this article.
(b) The director may adopt regulations as are necessary to
implement this article. These regulations may be adopted as emergency
regulations in accordance with the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
For purposes of this article, the adoption of regulations shall be
deemed an emergency and necessary for the immediate preservation of
the public peace, health and safety, or general welfare. The
regulations shall include, but need not be limited to, any
regulations necessary for any of the following purposes:
(1) The administration of this article, including the proper
imposition and collection of the quality assurance fee not to exceed
amounts reasonably necessary for purposes of this article.
(2) The development of any forms necessary to obtain required
information from facilities subject to the quality assurance fee.
(3) To provide details, definitions, formulas, and other
requirements.
(c) (1) As an alternative to subdivision (b), and notwithstanding
the rulemaking provisions of Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code, the
director may implement this article, in whole or in part, by means
of a provider bulletin, or other similar instructions, without taking
regulatory action, provided that no such bulletin or other similar
instructions shall remain in effect after July 31, 2010, except as
provided in paragraph (2).
(2) As an alternative to the adoption of regulations pursuant to
subdivision (b), and notwithstanding the rulemaking provisions of
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code:
(A) Provider bulletins or similar instructions related to
exemptions from the quality assurance fee for continuing
care retirement communities or multilevel retirement facilities,
providers of a continuum of services, including
independent living services, assisted living services, and skilled
nursing care on a single campus that have not received a
Letter of Exemption pursuant to subdivision (b) of Section 1771.3
issued prior to July 31, 2010, may remain in effect after July
31, 2010.
(B) The director may, after July 31, 2010, issue new provider
bulletins or similar instructions related to exemptions from the
quality assurance fee for continuing care retirement
communities or multilevel retirement facilities
providers of a continuum of services, including independent living
services, assisted living services, and skilled nursing care on a
single campus that have not received a Letter of Exemption pursuant
to subdivision (b) of Section 1771.3 .
(3) It is the intent of the Legislature that the regulations
adopted pursuant to subdivision (b) shall be adopted on or before
July 31, 2010.
SEC. 2. 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 make the necessary statutory changes to authorize the
continued and uninterrupted use of provider bulletins or similar
instructions by the State Department of Health Care Services related
to exemptions from the quality assurance fee, it is necessary that
this act take effect immediately.
