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 hospice patient recruiter shall not receive, directly or indirectly, any form of payment in exchange for referring a patient to a federally funded or nonfederally funded provider of hospice or hospice facility.
1746.52.
 For purposes of this article, the following definitions apply:
(a) “Hospice patient recruiter” means an individual including, but not limited to, an employee of a hospice facility, a hospice patient, or a family member of a hospice patient, who refers a patient to a federally funded or nonfederally funded provider of hospice or hospice facility.
(b) “Payment” means anything of value, including, but not limited to, remuneration, cash, or gift cards.

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.
 A licensee shall provide a patient and their representative with all information relating to the hospice intake process, including, but not limited to, the hospice election statement and any addendums, in both the spoken and written form and in a language and manner that the patient and their representative understand.
1751.102.
 (a) A licensee shall conduct, document, and retain a written comprehensive assessment for each patient that separately identifies all of the following:
(1) The patient’s need for hospice care and services.
(2) The patient’s need for physical, psychosocial, emotional, and spiritual care.
(3) The strategy for palliation and management of the patient’s terminal illness and related conditions.
(b) The person conducting the assessment shall sign the assessment under the penalty of perjury that they believe the assessment is accurate.
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.