Code Section

Health and Safety Code - HSC

DIVISION 2. LICENSING PROVISIONS [1200 - 1797.8]

  ( Division 2 enacted by Stats. 1939, Ch. 60. )
  

CHAPTER 8.6. Pediatric Day Health and Respite Care Facilities [1760 - 1763.4]
  ( Chapter 8.6 added by Stats. 1990, Ch. 1227, Sec. 8. )

  
1760.2.  

As used in this chapter, the following definitions shall apply:

(a)  (1) “Pediatric day health and respite care facility” means a facility that provides an organized program of therapeutic social and day health activities and services and limited 24-hour inpatient respite care to medically fragile children 21 years of age or younger, including terminally ill and technology-dependent patients, except as provided in paragraph (2) and Section 1763.4.

(2) An individual who is 22 years of age or older may continue to receive care in a pediatric day health and respite care facility if the facility receives approval from the state department for a Transitional Health Care Needs Optional Service Unit pursuant to Section 1763.4. A patient who previously received services from a pediatric day health and respite care facility, who is 22 years of age or older, and who satisfies the requirements of Section 1763.4, may also receive services in an optional service unit.

(b)  “Medically fragile” means having an acute or chronic health problem that requires therapeutic intervention and skilled nursing care during all or part of the day. Medically fragile problems include, but are not limited to, HIV disease, severe lung disease requiring oxygen, severe lung disease requiring ventilator or tracheostomy care, complicated spina bifida, heart disease, malignancy, asthmatic exacerbations, cystic fibrosis exacerbations, neuromuscular disease, encephalopathies, and seizure disorders.

(c)  “Technology-dependent patient” means a person who, from birth, has a chronic disability, requires the routine use of a specific medical device to compensate for the loss of use of a life-sustaining body function, and requires daily, ongoing care or monitoring by trained personnel.

(d)  “Respite care” means day and 24-hour relief for the parent or guardian and care for the patient. 24-hour inpatient respite care includes, but is not limited to, 24-hour nursing care, meals, socialization, and developmentally appropriate activities. As used in this chapter, “24-hour inpatient respite care” is limited to no more than 30 intermittent or continuous whole calendar days per patient per calendar year.

(e)  “Comprehensive case management” means locating, coordinating, and monitoring services for the eligible patient population and includes all of the following:

(1)  Screening of patient referrals to identify those persons who can benefit from the available services.

(2)  Comprehensive patient assessment to determine the services needed.

(3)  Coordinating the development of an interdisciplinary comprehensive care plan.

(4)  Determining individual case cost effectiveness and available sources of funding.

(5)  Identifying and maximizing informal sources of care.

(6)  Ongoing monitoring of service delivery to determine the optimum type, amount, and duration of services provided.

(f)  “License” means a basic permit to operate a pediatric day health and respite care facility. With respect to a health facility licensed pursuant to Chapter 2 (commencing with Section 1250), “license” means a special permit authorizing the health facility to provide pediatric day health and respite care services as a separate program in a distinct part of the facility.

(g)  “State department” means the State Department of Public Health.

(Amended by Stats. 2016, Ch. 86, Sec. 181. (SB 1171) Effective January 1, 2017.)