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SB-664 Hospice licensure.(2021-2022)

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Date Published: 02/19/2021 09:00 PM
SB664:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 664


Introduced by Senator Allen

February 19, 2021


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


LEGISLATIVE COUNSEL'S DIGEST


SB 664, as introduced, Allen. Hospice licensure.
Existing law provides for the licensure of hospices by the State Department of Public Health in order to ensure the health and safety of patients, who by definition, are experiencing the last phases of life due to the existence of a terminal disease, and to permit qualified persons, political subdivisions of the state, and governmental agencies to comply with requirements of federal law regarding the provision of hospice care. Existing law prohibits a person, political subdivision of the state, or other governmental agency that is not operating as a hospice as of January 1, 1991, from establishing or operating a hospice without first obtaining a license from the State Department of Public Health, as specified.
This bill would make technical, nonsubstantive changes to a provision relating to hospice licensure requirements.
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, 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 chapter shall This chapter 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 purposes of this chapter, a “small and rural hospice” means a hospice that provides services to less fewer 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.