Bill Text


PDF |Add To My Favorites |Track Bill | print page

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

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 04/15/2021 09:00 PM
AB1280:v97#DOCUMENT

Revised  April 28, 2021
Amended  IN  Assembly  April 15, 2021
Amended  IN  Assembly  March 18, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1280


Introduced by Assembly Member Irwin
(Coauthor: Assembly Member Wood)

February 19, 2021


An act to add Article 1.5 (commencing with Section 1746.50) and Article 2.5 (commencing with Section 1751.100) to Chapter 8.5 of Division 2 of the Health and Safety Code, relating to hospice.


LEGISLATIVE COUNSEL'S DIGEST


AB 1280, as amended, Irwin. California Hospice Licensure Act of 1990.
(1) The California Hospice Licensure Act of 1990 generally requires a person, political subdivision of the state, or other governmental agency to obtain a license from the State Department of Public Health to provide hospice to an individual who is experiencing the last phase of life due to a terminal disease and their family, except as provided. The act imposes criminal penalties on any person who violates any provision of the act or any rule or regulation promulgated under the act.

This bill would prohibit a hospice patient recruiter, defined to include an employee of a hospice facility, a hospice patient, or a family member of a hospice patient, from receiving, 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. The bill would require a licensee to provide a patient and their representative with all information relating to the hospice intake process in both the spoken and written form and in a language and manner that the patient and their representative understand. The bill would further require a licensee to conduct, document, and retain a written comprehensive assessment for each patient that separately identifies, among other things, the patient’s need for hospice care and services. The bill would require the person conducting the assessment to sign that they believe the assessment is accurate under the penalty of perjury. By expanding the general crime applicable for a violation of the act and the crime of perjury, this bill would expand the scope of existing crimes, thereby imposing a state-mandated local program.

This bill would prohibit a hospice provider, employed hospice staff, or an agent for the hospice from paying referral sources for the referral of patients to the hospice. The bill would prohibit a hospice salesperson, recruiter, agent, or employee who receives compensation or remuneration for hospice referrals or admissions from providing consultation on hospice services, hospice election, or informed consent to a patient, patient’s family, or patient’s representative. The bill would require a specified person, including a registered nurse or medical social worker, to complete the election of hospice, informed consent, completed signatures, and counsel on the election of hospice with a patient, patient’s family, or patient’s representative. The bill would require a hospice to provide verbal and written notice of the patient’s rights and responsibilities, in a language and manner the patient understands, before providing care. Because the bill would expand the scope of the crime applicable for a violation of the act, the bill would impose a state-mandated local program.
(2) 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.

 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.
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:
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:
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.

___________________


REVISIONS:
Heading—Line 2.
___________________