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AB-211 Health and care facilities.(2017-2018)

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Date Published: 08/21/2017 02:00 PM
AB211:v95#DOCUMENT

Amended  IN  Senate  August 21, 2017
Amended  IN  Senate  July 19, 2017
Amended  IN  Senate  June 14, 2017
Amended  IN  Assembly  March 14, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 211


Introduced by Assembly Member Bigelow Waldron
(Principal coauthors: Senators Berryhill and Morrell)(Coauthors: Assembly Members Obernolte, Patterson, and Wood)(Coauthors: Senators Gaines and Wilk)

January 23, 2017


An act to amend Section 4214 of the Public Resources Code, relating to fire prevention. An act to amend Sections 1225 and 1275.3 of the Health and Safety Code, relating to health and care facilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 211, as amended, Bigelow Waldron. State responsibility area fire prevention fees: reporting requirement. Health and care facilities.
Existing law establishes the State Department of Public Health and sets forth its powers and duties, including, but not limited to, the licensure and regulation of primary care clinics and specialty clinics. A violation of these provisions is a crime.
Existing law, until the department adopts regulations relating to the provision of services by a chronic dialysis clinic, a surgical clinic, or a rehabilitation clinic, requires those clinics to comply with prescribed federal certification standards in effect immediately preceding January 1, 2013. These provisions become inoperative and would be repealed on January 1, 2018.
This bill would instead make those provisions inoperative and repealed on January 1, 2019. By extending the duration of a crime, the bill would impose a state-mandated local program. The bill would also delete obsolete provisions and make conforming changes.
Existing law requires the State Department of Public Health and the State Department of Developmental Services to jointly develop and implement licensing regulations appropriate for an intermediate care facility/developmentally disabled-nursing and an intermediate care facility/developmentally disabled-continuous nursing. Existing law, until the departments adopt those regulations, requires that the facilities comply with applicable federal certification standards for intermediate care facilities for individuals with intellectual disabilities in effect immediately preceding January 1, 2013. These provisions would become inoperative and would be repealed on January 1, 2018.
This bill would instead make those provisions inoperative and repealed on January 1, 2020. By extending the duration of a crime, this bill would impose a state-mandated local crime. The bill would also make conforming changes.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law requires the State Board of Forestry and Fire Protection to establish a fire prevention fee in an amount not to exceed $150 to be charged on each habitable structure on a parcel that is within a state responsibility area. Existing law requires the fee moneys to be expended, upon appropriation, in specified ways, including to reimburse the State Board of Equalization’s expenses incurred in the collection of the fee and to the State Board of Forestry and Fire Protection and to the Department of Forestry and Fire Protection for administrative purposes, with excess moneys being expended only for specified fire prevention activities, as provided. Existing law requires the fund to cover startup costs of the fire prevention fee program over a period not to exceed 2 years. Existing law, until January 31, 2017, requires the board to submit an annual written report to the Legislature on the status of the uses of the fee moneys.

This bill would require, by January 31, 2018, the department to submit the report to the Legislature and the board. The bill would require the report to include an itemized accounting of all expenditures from the fund, including a specific itemized accounting relating to equipment expenditures, and a description of any positions that are associated with each expenditure, among other things. The bill would require the reporting to occur annually for an indefinite period of time. The bill would delete the provision regarding the startup costs of the fire prevention fee program.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1225 of the Health and Safety Code, as amended by Section 1 of Chapter 722 of the Statutes of 2013, is amended to read:

1225.
 (a) The department shall adopt, and may from time to time amend or repeal, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, reasonable rules and regulations as may be necessary or proper to carry out the purposes and intent of this chapter and to enable the department to exercise the powers and perform the duties conferred upon it by this chapter, not inconsistent with any of the provisions of any statute of this state.
(b) The rules and regulations for primary care clinics shall be separate and distinct from the rules and regulations for specialty clinics.
(c) All regulations relating to licensed clinics in effect on December 31, 1977, that were adopted by the department, shall remain in full force and effect until altered, amended, or repealed by the director.
(d) Until the department adopts regulations relating to the provision of services by a chronic dialysis clinic, a surgical clinic, or a rehabilitation clinic, the following clinics licensed or seeking licensure shall comply with the following federal certification standards in effect immediately preceding January 1, 2013:
(1) A chronic dialysis clinic shall comply with federal certification standards for an end stage renal disease clinic, as specified in Sections 494.1 to 494.180, inclusive, of Title 42 of the Code of Federal Regulations.
(2) A surgical clinic, as defined in subdivision (b) of Section 1204, shall comply with federal certification standards for an ambulatory surgical clinic, as specified in Sections 416.1 to 416.52, inclusive, of Title 42 of the Code of Federal Regulations.
(3) A rehabilitation clinic shall comply with federal certification standards for a comprehensive outpatient rehabilitation facility, as specified in Sections 485.50 to 485.74, inclusive, of Title 42 of the Code of Federal Regulations.

(e)The department shall, by July 1, 2017, conduct at least one public hearing and submit a report to the appropriate legislative committees that describes the extent to which the federal certification standards are or are not sufficient as a basis for state licensing standards. The report shall make recommendations for any California-specific standards that may be necessary.

(f)

(e) This section shall remain in effect only until January 1, 2018, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, 2019, deletes or extends that date.

SEC. 2.

 Section 1225 of the Health and Safety Code, as added by Section 2 of Chapter 722 of the Statutes of 2013, is amended to read:

1225.
 (a) The department shall adopt, and may from time to time amend or repeal, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, such reasonable rules and regulations as may be necessary or proper to carry out the purposes and intent of this chapter and to enable the department to exercise the powers and perform the duties conferred upon it by this chapter, not inconsistent with any of the provisions of any statute of this state. The rules and regulations for primary care clinics shall be separate and distinct from the rules and regulations for specialty clinics.
(b) All regulations relating to licensed clinics in effect on December 31, 1977, which were adopted by the department, shall remain in full force and effect until altered, amended, or repealed by the director.
(c) This section shall become operative on January 1, 2018. 2019.

SEC. 3.

 Section 1275.3 of the Health and Safety Code, as amended by Section 81 of Chapter 71 of the Statutes of 2014, is amended to read:

1275.3.
 (a) The State Department of Public Health and the State Department of Developmental Services shall jointly develop and implement licensing regulations appropriate for an intermediate care facility/developmentally disabled-nursing and an intermediate care facility/developmentally disabled-continuous nursing.
(b) The regulations adopted pursuant to subdivision (a) shall ensure that residents of an intermediate care facility/developmentally disabled-nursing and an intermediate care facility/developmentally disabled-continuous nursing receive appropriate medical and nursing services, and developmental program services in a normalized, least restrictive physical and programmatic environment appropriate to individual resident need.
In addition, the regulations shall do all of the following:
(1) Include provisions for the completion of a clinical and developmental assessment of placement needs, including medical and other needs, and the degree to which they are being met, of clients placed in an intermediate care facility/developmentally disabled-nursing and an intermediate care facility/developmentally disabled-continuous nursing and for the monitoring of these needs at regular intervals.
(2) Provide for maximum utilization of generic community resources by clients residing in a facility.
(3) Require the State Department of Developmental Services to review and approve an applicant’s facility program plan as a prerequisite to the licensing and certification process.
(4) Require that the physician providing the certification that placement in the intermediate care facility/developmentally disabled-nursing or intermediate care facility/developmentally disabled-continuous nursing is needed, consult with the physician who is the physician of record at the time the person’s proposed placement is being considered by the interdisciplinary team.
(c) Until the departments adopt regulations pursuant to this section relating to services by an intermediate care facility/developmentally disabled-nursing, the licensed intermediate care facilities/developmentally disabled-nursing shall comply with federal certification standards for intermediate care facilities for individuals with intellectual disabilities, as specified in Sections 483.400 to 483.480, inclusive, of Title 42 of the Code of Federal Regulations, in effect immediately preceding January 1, 2013.
(d) This section shall not supersede the authority of the State Fire Marshal pursuant to Sections 13113, 13113.5, 13143, and 13143.6 to the extent that these sections are applicable to community care facilities.
(e) This section shall remain in effect only until January 1, 2018, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, 2020, deletes or extends that date.

SEC. 4.

 Section 1275.3 of the Health and Safety Code, as amended by Section 82 of Chapter 71 of the Statutes of 2014, is amended to read:

1275.3.
 (a) The State Department of Public Health and the State Department of Developmental Services shall jointly develop and implement licensing regulations appropriate for an intermediate care facility/developmentally disabled-nursing and an intermediate care facility/developmentally disabled-continuous nursing.
(b) The regulations adopted pursuant to subdivision (a) shall ensure that residents of an intermediate care facility/developmentally disabled-nursing and an intermediate care facility/developmentally disabled-continuous nursing receive appropriate medical and nursing services, and developmental program services in a normalized, least restrictive physical and programmatic environment appropriate to individual resident need.
In addition, the regulations shall do all of the following:
(1) Include provisions for the completion of a clinical and developmental assessment of placement needs, including medical and other needs, and the degree to which they are being met, of clients placed in an intermediate care facility/developmentally disabled-nursing and an intermediate care facility/developmentally disabled-continuous nursing and for the monitoring of these needs at regular intervals.
(2) Provide for maximum utilization of generic community resources by clients residing in a facility.
(3) Require the State Department of Developmental Services to review and approve an applicant’s program plan as part of the licensing and certification process.
(4) Require that the physician providing the certification that placement in the intermediate care facility/developmentally disabled-nursing or intermediate care facility/developmentally disabled-continuous nursing is needed, consult with the physician who is the physician of record at the time the person’s proposed placement is being considered by the interdisciplinary team.
(c) Regulations developed pursuant to this section shall include licensing fee schedules appropriate to facilities which will encourage their development.
(d) This section shall not supersede the authority of the State Fire Marshal pursuant to Sections 13113, 13113.5, 13143, and 13143.6 to the extent that these sections are applicable to community care facilities.
(e) This section shall become operative on January 1, 2018. 2020.

SEC. 5.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.Section 4214 of the Public Resources Code is amended to read:
4214.

(a)Fire prevention fees collected pursuant to this chapter shall be expended, upon appropriation by the Legislature, as follows:

(1)The State Board of Equalization shall retain moneys necessary for the payment of refunds pursuant to Section 4228 and reimbursement of the State Board of Equalization for expenses incurred in the collection of the fee.

(2)The moneys collected, other than those retained by the State Board of Equalization pursuant to paragraph (1), shall be deposited into the State Responsibility Area Fire Prevention Fund, which is hereby created in the State Treasury, and shall be available to the board and the department to expend for fire prevention activities specified in subdivision (d) that benefit the owners of habitable structures within a state responsibility area who are required to pay the fire prevention fee. The amount expended to benefit the owners of habitable structures within a state responsibility area shall be commensurate with the amount collected from the owners within that state responsibility area. All moneys in excess of the costs of administration of the board and the department shall be expended only for fire prevention activities in counties with state responsibility areas.

(b)The fund may also be used to cover the costs of administering this chapter.

(c)It is the intent of the Legislature that the moneys in this fund be fully appropriated to the board and the department each year in order to effectuate the purposes of this chapter.

(d)Moneys in the fund shall be used only for the following fire prevention activities, which shall benefit owners of habitable structures within the state responsibility areas who are required to pay the annual fire prevention fee pursuant to this chapter:

(1)Local assistance grants pursuant to subdivision (e).

(2)Grants to Fire Safe Councils, the California Conservation Corps, or certified local conservation corps for fire prevention projects and activities in the state responsibility areas.

(3)Grants to a qualified nonprofit organization with a demonstrated ability to satisfactorily plan, implement, and complete a fire prevention project applicable to the state responsibility areas. The department may establish other qualifying criteria.

(4)Inspections by the department for compliance with defensible space requirements around habitable structures in state responsibility areas as required by Section 4291.

(5)Public education to reduce fire risk in the state responsibility areas.

(6)Fire severity and fire hazard mapping by the department in the state responsibility areas.

(7)Other fire prevention projects in the state responsibility areas, authorized by the board.

(e)(1)The board shall establish a local assistance grant program for fire prevention activities designed to benefit habitable structures within state responsibility areas, including public education, that are provided by counties and other local agencies, including special districts, with state responsibility areas within their jurisdictions.

(2)In order to ensure an equitable distribution of funds, the amount of each grant shall be based on the number of habitable structures in state responsibility areas for which the applicant is legally responsible and the amount of moneys made available in the annual Budget Act for this local assistance grant program.

(f)By January 31, 2018, and, notwithstanding Section 10231.5 of the Government Code, annually thereafter, the department shall submit to the Legislature and the board a written report on the status and uses of the fund pursuant to this chapter. The report shall include all of the following:

(1)An evaluation of the benefits received by counties based on the number of habitable structures in state responsibility areas within their jurisdictions, the effectiveness of the board’s grant programs, the number of defensible space inspections in the reporting period, the degree of compliance with defensible space requirements, and measures to increase compliance, if any.

(2)An itemized accounting of all expenditures from the fund, including a specific itemized accounting relating to equipment expenditures, and a description of any positions that are associated with each expenditure.

(3)A description of each program, subprogram, and element for which the department uses moneys generated from the fire prevention fee, including an itemized accounting of expenditures for each program, subprogram, and element.

(4)A description of the grants awarded and expenditures of grant moneys.

(5)A description of actual expenditures for the previous fiscal year, estimated expenditures for the current fiscal year, and budgeted expenditures for the budget year.

(6)Any recommendations to the Legislature, including any recommendations on the status and use of the fund.

(g)A report to be submitted to the Legislature pursuant to subdivision (f) shall be submitted in compliance with Section 9795 of the Government Code.

(h)It is essential that this article be implemented without delay. To permit timely implementation, the department may contract for services related to the establishment of the fire prevention fee collection process. For this purpose only, and for a period not to exceed 24 months, the Public Contract Code or any other law related to public contracting shall not apply.