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SB-637 Health facility reporting: staffing.(2021-2022)

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Date Published: 04/21/2021 09:00 PM
SB637:v98#DOCUMENT

Amended  IN  Senate  April 21, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 637


Introduced by Senator Newman
(Coauthor: Senator Hertzberg)

February 19, 2021


An act to amend Section 1276 of, and to add add, repeal, and add Section 1275.9 to, of, the Health and Safety Code, relating to health facilities.


LEGISLATIVE COUNSEL'S DIGEST


SB 637, as amended, Newman. Health facility reporting: equipment and staffing.

(1)Existing law requires a health care employer, as defined, to maintain an inventory of unexpired personal protective equipment (PPE), as defined, for use in the event of a state of emergency declaration by the Governor, or a local emergency for a pandemic or other health emergency. Existing law requires a health care employer to provide an inventory of its PPE to the Division of Occupational Safety and Health within the Department of Industrial Relations upon request, and makes a violation subject to a civil penalty.

Existing

(1) Existing law provides for the licensure and regulation of certain health facilities, including general acute care hospitals, by the State Department of Public Health (department). Existing law requires the department to establish guidelines for procurement, management, and distribution of PPE from the department, including the various types of PPE that may be required during a pandemic or other health emergency. Health.
This bill would require a general acute care hospital to report specified information to the department on a daily weekly basis during any health-related state of emergency in California proclaimed by the President of the United States or by the Governor, and on a weekly monthly basis at all other times. The bill would require that the reports contain information on PPE, testing, and staffing, including including, until January 1, 2025, on matters relating to shortages and COVID-19 cases. The bill would require the department to publicly post the information and update it based on the same timeframes.
If the hospital fails to comply with the above requirement, the bill would authorize the department to impose fines or other penalties, and to suspend, revoke, or refuse to renew the license of, the hospital, as specified.
(2) Existing law requires certain building standards and regulations to prescribe standards of adequacy, safety, and sanitation of the physical plant, of staffing with duly qualified licensed personnel, and of services, based on the type of health facility and the needs of the persons served. Existing law requires the regulations to permit program flexibility using alternate methods, procedures, or other specified means, based on a written request and supporting evidence submitted by the applicant or licensee to the department.
This bill would require a health facility to post any approval for program flexibility granted by the department immediately adjacent to the facility’s license, as specified.
(3) Existing law generally makes a violation of the licensure provisions for health facilities a misdemeanor.
By expanding the scope of a crime under the above paragraphs, 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 1275.9 is added to the Health and Safety Code, to read:

1275.9.
 (a) During any health-related state of emergency in California proclaimed by the President of the United States or health-related state of emergency proclaimed by the Governor, a general acute care hospital shall report the information described in subdivision (c) to the department on a daily weekly basis. At all other times, the general acute care hospital shall report that information to the department on a weekly monthly basis.
(b) The department shall publicly post information received pursuant to this section and update it on a daily weekly basis during the state of emergency described in subdivision (a) and on a weekly monthly basis at all other times.
(c) Pursuant to subdivision (a), a general acute care hospital shall report the following information regarding personal protective equipment (PPE), testing, and staffing:

(1)N95 filtering facepiece respirators:

(A)Numeric total of N95 masks.

(B)Whether the hospital is reusing N95 masks.

(C)Whether the hospital is extending use of N95 masks.

(D)Numeric total of N95 masks days on hand.

(E)Whether the hospital can obtain N95 masks.

(F)Whether the hospital can maintain a three-day supply of N95 masks.

(2)Surgical and procedure masks:

(A)Numeric total of surgical and procedure masks.

(B)Numeric total of surgical and procedure masks days on hand.

(C)Whether the hospital can obtain surgical and procedure masks.

(D)Whether the hospital can maintain a three-day supply of surgical and procedure masks.

(3)Eye protection:

(A)Numeric total of eye protection.

(B)Numeric total of eye protection days on hand.

(C)Whether the hospital can obtain eye protection.

(D)Whether the hospital can maintain a three-day supply of eye protection.

(4)Exam gloves:

(A)Numeric total of exam gloves.

(B)Numeric total of exam gloves days on hand.

(C)Whether the hospital can obtain exam gloves.

(D)Whether the hospital can maintain a three-day supply of exam gloves.

(5)Single-use gowns:

(A)Numeric total of single-use gowns.

(B)Numeric total of single-use gowns days on hand.

(C)Whether the hospital can obtain single-use gowns.

(D)Whether the hospital can maintain a three-day supply of single-use gowns.

(6)Powered air-purifying respirators (PAPRs):

(A)Numeric total of PAPRs.

(B)Whether the hospital can obtain PAPRs.

(C)Whether the hospital can maintain a three-day supply of PAPRs.

(7)Elastomeric air-purifying respirators (EAPRs):

(A)Numeric total of EAPRs.

(B)Whether the hospital can obtain EAPRs.

(C)Whether the hospital can maintain a three-day supply of EAPRs.

(8)Shoe coverings:

(A)Numeric total of shoe coverings.

(B)Numeric total of shoe coverings days on hand.

(C)Whether the hospital can obtain shoe coverings.

(D)Whether the hospital can maintain a three-day supply of shoe coverings.

(9)Testing supplies:

(A)Whether the hospital can maintain a three-day supply of nasoharyngeal swabs.

(B)Whether the hospital can maintain a three-day supply of nasal swabs.

(C)Whether the hospital can maintain a three-day supply of reagent.

(D)Whether the hospital can maintain a three-day supply of viral transport media.

(E)Whether the hospital has implemented a weekly COVID-19 testing program of its health care personnel.

(10)Staffing:

(A)

(1) Whether the hospital is experiencing staffing shortage of nurses today. since the last time of reporting.

(B)Whether the hospital anticipates staffing shortage of nurses this week.

(C)

(2) Whether the hospital experienced any layoffs of nurses within the last 90 days. since the time of last reporting and, if so, how many nurses and on what calendar day were they laid off.

(D)

(3) Whether the hospital experienced any furloughs of nurses within the last 90 days. since the time of last reporting and if so, how many nurses were furloughed and on what calendar day were they furloughed.

(E)

(4) Whether the hospital experienced any repeated cancellation of shifts of nurses within the last 90 days. since the time of last reporting. Repeated cancellation means more than two shifts canceled by the employer within a one-calendar-month period.

(F)Whether the hospital anticipates staffing shortage of environmental services personnel this week.

(G)Whether the hospital anticipates staffing shortage of respiratory therapy personnel this week.

(H)Whether the hospital anticipates staffing shortage of pharmacy personnel this week.

(I)Whether the hospital anticipates staffing shortage of other physicians and surgeons this week.

(J)Whether the hospital anticipates staffing shortage of other independent practitioners this week.

(K)Whether the hospital anticipates staffing shortage of temporary staff this week.

(L)Whether the hospital anticipates staffing shortage of other critical personnel this week.

(M)

(5) Numeric total of COVID-19-positive staff, including the total number of staff and facility personnel who have tested positive for COVID-19, whether by laboratory confirmation or clinical diagnosis.

(N)Numeric total of COVID-19-positive staff today, including the total number of staff and facility personnel routinely scheduled to work at the hospital, but not necessarily present at the time of data entry, who have tested positive for COVID-19 by laboratory confirmation.

(O)Numeric total of newly confirmed COVID-19-positive staff, including the total number of staff and facility personnel routinely scheduled to work at the hospital, but not necessarily present at the time of data entry, who have tested positive for COVID-19 on the previous calendar day by laboratory confirmation.

(P)

(6) Numeric total of newly suspected COVID-19-positive staff, including the total number of staff and facility personnel routinely scheduled to work at the hospital, but not necessarily present at the time of data entry, who are being managed as though they have COVID-19 but who do not have a positive laboratory test result.

(Q)

(7) Numeric total of new COVID-19-related deaths of staff, including the total number of deaths of staff and facility personnel routinely scheduled to work at the hospital and with suspected or laboratory-confirmed COVID-19, that occurred on the previous calendar day.
(d) If a general acute care hospital fails to comply with this section, the department may impose fines or other penalties on, and may suspend, revoke, or refuse to renew the license of, the hospital in accordance with any applicable provisions of this chapter.
(e) For purposes of this section, the following definitions apply:
(1) “COVID-19” means the 2019 novel coronavirus disease caused by the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).
(2) “General acute care hospital” has the same meaning as defined in subdivision (a) of Section 1250.
(f) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.

SEC. 2.

 Section 1275.9 is added to the Health and Safety Code, to read:

1275.9.
 (a) During any health-related state of emergency in California proclaimed by the President of the United States or health-related state of emergency proclaimed by the Governor, a general acute care hospital shall report the information described in subdivision (c) to the department on a weekly basis. At all other times, the general acute care hospital shall report that information to the department on a monthly basis.
(b)  The department shall publicly post information received pursuant to this section and update it on a weekly basis during the state of emergency described in subdivision (a) and on a monthly basis at all other times.
(c) Pursuant to subdivision (a), a general acute care hospital shall report the following information regarding staffing:
(1) Whether the hospital is experiencing staffing shortage of nurses since the last time of reporting.
(2) Whether the hospital experienced any layoffs of nurses since the time of last reporting and, if so, how many nurses and on what calendar day were they laid off.
(3) Whether the hospital experienced any furloughs of nurses since the time of last reporting and, if so, how many nurses were furloughed and on what calendar day were they furloughed.
(4) Whether the hospital experienced any repeated cancellation of shifts of nurses since the time of last reporting. Repeated cancellation means more than two shifts canceled by the employer within a one-calendar-month period.
(d) If a general acute care hospital fails to comply with this section, the department may impose fines or other penalties on, and may suspend, revoke, or refuse to renew the license of, the hospital in accordance with any applicable provisions of this chapter.
(e) For purposes of this section, “general acute care hospital” has the same meaning as defined in subdivision (a) of Section 1250.
(f) This section shall become operative on January 1, 2025.

SEC. 2.SEC. 3.

 Section 1276 of the Health and Safety Code is amended to read:

1276.
 (a) The building standards published in the California Building Standards Code by the Office of Statewide Health Planning and Development, and the regulations adopted by the department shall, as applicable, prescribe standards of adequacy, safety, and sanitation of the physical plant, of staffing with duly qualified licensed personnel, and of services, based on the type of health facility and the needs of the persons served thereby.
(b) These regulations shall permit program flexibility by the use of alternate concepts, methods, procedures, techniques, equipment, personnel qualifications, bulk purchasing of pharmaceuticals, or conducting of pilot projects as long as statutory requirements are met and the use has the prior written approval of the department or the office, as applicable. The approval of the department or the office shall provide for the terms and conditions under which the exception is granted. A written request plus supporting evidence shall be submitted by the applicant or licensee to the department or office regarding the exception, as applicable.
(c) While it is the intent of the Legislature that health facilities shall maintain continuous, ongoing compliance with the licensing rules and regulations, it is the further intent of the Legislature that the department expeditiously review and approve, if appropriate, applications for program flexibility. The Legislature recognizes that health care technology, practice, pharmaceutical procurement systems, and personnel qualifications and availability are changing rapidly. Therefore, requests for program flexibility require expeditious consideration.
(d) (1) The department shall, on or before April 1, 1989, develop a standardized form and format for requests by health facilities for program flexibility. Health facilities shall thereafter apply to the department for program flexibility in the prescribed manner. After the department receives a complete application requesting program flexibility, it shall have 60 days within which to approve, approve with conditions or modifications, or deny the application. Denials and approvals with conditions or modifications shall be accompanied by an analysis and a detailed justification for any conditions or modifications imposed. Summary denials to meet the 60-day timeframe shall not be permitted.
(2) A health facility shall post any approval by the department granted under this section, or a true copy thereof, immediately adjacent to the health facility’s license. The department may not waive or flex this requirement and may not permit health facilities to maintain program flexibility approvals only in a binder or other location separate from the location stated in this subdivision.
(e) Notwithstanding any other law or regulation, the department shall provide flexibility in its pharmaceutical services requirements to permit any state department that operates state facilities subject to these provisions to establish a single statewide formulary or to procure pharmaceuticals through a departmentwide or multidepartment bulk purchasing arrangement. It is the intent of the Legislature that consolidation of these activities be permitted in order to allow the more cost-effective use and procurement of pharmaceuticals for the benefit of patients and residents of state facilities.

SEC. 3.SEC. 4.

 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.