Today's Law As Amended


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AB-1280 California Hospice Licensure Act of 1990.(2021-2022)



As Amends the Law Today


SECTION 1.

 Article 1.5 (commencing with Section 1746.50) is added to Chapter 8.5 of Division 2 of the Health and Safety Code, to read:

Article  1.5. Hospice Patient Referral
1746.50.
 (a) A hospice provider, employed hospice staff, or an agent for the hospice shall not give payment to referral sources for the referral of patients to the hospice.
(b) A hospice salesperson, recruiter, agent, or employee who receives any form of compensation or remuneration for hospice referrals or admissions shall not provide consultation on hospice services, hospice election, or informed consent to a patient, patient’s family, or patient’s representative.
(c) The election of hospice, informed consent, completed signatures, and counsel on the election of hospice to a patient, patient’s family, or patient’s representative shall only be completed by a registered nurse, licensed vocational nurse, medical social worker, chaplain, or counselor employed by the hospice.
1746.52.
 For purposes of this article:
(a) “Payment” means anything of value, including cash, gift cards, prepaid cards, or remuneration of any kind.
(b) “Referral source” means a medical or nonmedical entity or medical or nonmedical provider that refers a patient, patient’s family, or patient’s representative to a hospice provider for a consultation or any other reason.

SEC. 2.

 Article 2.5 (commencing with Section 1751.100) is added to Chapter 8.5 of Division 2 of the Health and Safety Code, to read:

Article  2.5. Hospice Patient Care
1751.100.
 During the initial visit, in advance of furnishing care, a hospice shall provide a patient or the patient’s representative with verbal and written notice of the patient’s rights and responsibilities in a language and manner that the patient understands. For purposes of this section, “verbal” means spoken.
SEC. 3.
 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.