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

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Date Published: 02/19/2021 09:00 PM
AB1280:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1280


Introduced by Assembly Member Irwin

February 19, 2021


An act to amend Section 1747 of the Health and Safety Code, relating to hospice.


LEGISLATIVE COUNSEL'S DIGEST


AB 1280, as introduced, Irwin. California Hospice Licensure Act of 1990.
Existing law, the California Hospice Licensure Act of 1990, provides for the licensure and regulation by the State Department of Public Health of persons or agencies that provide hospice services to a person, and the family of a person, who is experiencing the last phase of life due to a terminal disease. The act prohibits a person, political subdivision of the state, or other governmental agency from establishing or operating a hospice without first obtaining a license.
This bill would make technical, nonsubstantive changes to that provision.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 1747 of the Health and Safety Code is amended to read:

1747.
 (a) No A person, political subdivision of the state, or other governmental agency, that is not operating a hospice as of January 1, 1991, agency shall not establish or operate a hospice without first obtaining a license under this chapter.
(b) Any A person, political subdivision of the state, or other governmental agency, that is operating a hospice as of January 1, 1991, may continue to operate the hospice only under the following conditions:
(1) The person, political subdivision of the state, or other governmental agency shall apply to the state department for a license under this chapter within 60 days after forms for the application of licensure under this chapter are available from the state department.
(2) The person, political subdivision of the state, or other governmental agency shall cease calling or referring to itself as a hospice upon the final decision of the director upholding the state department’s denial of an application for licensure under this chapter.
(c) Nothing in this This chapter shall does not preclude the ongoing use of the title “volunteer hospice” by those organizations that satisfy all of the following:
(1) They do not provide skilled nursing services.
(2) They do not charge patients or families for hospice services, and they do not receive third-party insurance payments for services rendered.
(3) They satisfy the disclosure requirements specified in subdivision (c) of Section 1748.
(d) A small and rural hospice is exempt from the licensing provisions of this chapter and the disclosure requirements of subdivision (c) of Section 1748. A small and rural hospice may provide skilled nursing services and may use the title “volunteer hospice.” For
(e) For purposes of this chapter, a “small and rural hospice” means a hospice that provides services to less than 50 patients per year, does not charge for services, does not receive third-party payment for services rendered, and is not located in a standard metropolitan statistical area.