Bill Text: CA SB787 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Hospitals: closures.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 62(a). [SB787 Detail]

Download: California-2015-SB787-Introduced.html

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BILL NUMBER: SB 787	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Bates
   (Principal coauthor: Assembly Member Brough)

                        FEBRUARY 27, 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


   SB 787, as introduced, Bates. 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 and 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 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.
  SEC. 4.  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.  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.