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AB-749 Skilled nursing facilities: medical director certification.(2021-2022)

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Date Published: 02/16/2021 09:00 PM
AB749:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 749


Introduced by Assembly Member Nazarian

February 16, 2021


An act to add Section 1261.4 to the Health and Safety Code, relating to health facilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 749, as introduced, Nazarian. Skilled nursing facilities: medical director certification.
Existing law provides for the licensure and regulation of health facilities, including skilled nursing facilities, by the State Department of Public Health. Existing regulations require each skilled nursing facility to employ a medical director who is responsible for standards, coordination, surveillance, and planning for improvement of medical care in the facility. Existing law makes it a misdemeanor for any person to willfully or repeatedly violate these provisions.
This bill would prohibit a skilled nursing facility from contracting with a person as a medical director if the person is not, or will not be within 5 years, certified by the American Board of Post-Acute and Long-Term Care Medicine as a Certified Medical Director. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 1261.4 is added to the Health and Safety Code, to read:

1261.4.
 A skilled nursing facility shall not contract with a person as a medical director if the person is not, or will not be within five years, certified by the American Board of Post-Acute and Long-Term Care Medicine as a Certified Medical Director.

SEC. 2.

 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.