AB 2673 — Hospice agency licensure: moratorium on new licenses.

Summary

The California Hospice Licensure Act of 1990 (act) 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 services to an individual who is experiencing the last phase of life due to a terminal disease, as defined, and their family, except as provided. The act also provides for the renewal of a license. The act imposes criminal penalties on any person who violates any provision of the act or any rule or regulation promulgated under the act. Existing law prohibits any person, political subdivision of the state, or other governmental agency from establishing, conducting, maintaining, or representing itself as a hospice unless a license has been issued under the act. This bill would generally replace the term "hospice" with the term "hospice agency." The bill would provide that hospice agency licenses are not transferable. The bill would specify that only the person or entity initially issued the license may use the license for 5 years. The bill would prohibit the department from approving a change of ownership of a licensed hospice agency for 5 years from the date of initial licensure. The bill would authorize the department to make an exception to the 5-year prohibition under extenuating circumstances, as prescribed. Existing law requires an applicant for a hospice license to satisfy certain conditions, and to satisfy the definition of a hospice and provide specified services in order to be licensed as a hospice. Existing law authorizes the department to deny an application for licensure, or suspend or revoke any license issued to provide hospice services for various reasons, including, but not limited to, violation by the applicant or licensee of the act or related rules and regulations promulgated by the department. Existing law authorizes the department to conduct a survey of an accredited hospice to ensure that the accreditation requirements are met. This bill would revise and expand the department's application requirements, and would additionally require an applicant who has not previously qualified for a hospice agency license to, as a condition of licensure, demonstrate and provide evidence of an unmet need of hospice services in the geographic region the hospice would serve, except under specified circumstances. The bill would require a hospice agency to have specified personnel categories and would require the hospice agency to provide certain information for each individual on an initial application for those positions. The bill would add to the reasons for denial, suspension, or revocation of a license to include, among others, improperly certifying a patient as eligible for hospice care, and demonstrating a pattern and practice of violations of state or federal standards during the last 3 years of a hospice agency owned, operated, or managed by the applicant or licensee. The bill would require the department to conduct annual surveys of 5% of initial hospice agency licenses approved by accrediting organizations during the previous calendar year to ensure that the accreditation requirements are met, using a selective sample basis, and would authorize the department to survey an accredited hospice agency not included as part of the required surveys. The bill would establish a procedure for a person to request an investigation of an accredited hospice agency by making an oral or written complaint alleging a violation of the requirements applicable to hospice agencies. The bill would require the department to make a preliminary review and to make an onsite investigation within 10 business days after receiving the complaint, except as specified. The bill would require the department to notify the complainant in writing of its determination as a result of the investigation within 10 business days of completing the investigation. Existing law imposes a moratorium on the department issuing a new license to provide hospice services, except as specified. Existing law requires the moratorium to end on the earlier of 365 days from the date that the California State Auditor publishes a report on hospice licensure or on January 1, 2027, when the moratorium provisions are repealed. This bill would require the department, by January 1, 2024, to adopt emergency regulations to implement the recommendations in a specified report of the California State Auditor. The bill would require the department to maintain the general moratorium on new hospice agency licenses until the department adopts the regulations. The bill would require the regulations, among other things, to establish guidelines for assessing the appropriateness of a hospice agency's ratio of patients to nurses, require hospice agency management personnel to meet minimum standards of training and experience, and to establish timelines for reporting changes to application information, as specified. The bill would require the moratorium to end on the earlier of 2 years from the date that the California State Auditor publishes a report on hospice agency licensure, or the date the emergency regulations are adopted. The bill would exempt licensed hospice facilities, as defined, from the moratorium. Because a violation of certain of the bill's requirements would be a misdemeanor, the bill would impose a state-mandated local program. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. 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.

Bill Text

• Chaptered 09/29/22 - Chaptered Current pdf September 29, 2022
• Enrolled 09/02/22 - Enrolled pdf September 02, 2022
• Amended 08/22/22 - Amended Senate pdf August 22, 2022
• Amended 06/20/22 - Amended Senate pdf June 20, 2022
• Amended 04/28/22 - Amended Assembly pdf April 28, 2022
• Amended 03/31/22 - Amended Assembly pdf March 31, 2022
• Amended 03/17/22 - Amended Assembly pdf March 17, 2022
• Introduced 02/18/22 - Introduced pdf February 18, 2022
• AB2673 View text html

Action History

1. September 29, 2022

   Chaptered by Secretary of State - Chapter 797, Statutes of 2022.

2. September 29, 2022

   Approved by the Governor.

3. September 13, 2022

   Enrolled and presented to the Governor at 4 p.m.

4. August 31, 2022

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 1.).

5. August 31, 2022

   In Assembly. Concurrence in Senate amendments pending.

6. August 31, 2022

   Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 5366.).

7. August 30, 2022

   Ordered to special consent calendar.

8. August 23, 2022

   Read second time. Ordered to third reading.

9. August 22, 2022

   Read third time and amended. Ordered to second reading.

10. August 11, 2022

    Read second time. Ordered to third reading.

11. August 11, 2022

    From committee: Do pass. (Ayes 7. Noes 0.) (August 11).

12. August 02, 2022

    In committee: Referred to suspense file.

13. June 29, 2022

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (June 28). Re-referred to Com. on APPR.

14. June 20, 2022

    Read second time and amended. Re-referred to Com. on JUD.

15. June 16, 2022

    From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 9. Noes 0.) (June 15).

16. June 01, 2022

    Referred to Coms. on HEALTH and JUD.

17. May 24, 2022

    In Senate. Read first time. To Com. on RLS. for assignment.

18. May 23, 2022

    Read third time. Passed. Ordered to the Senate. (Ayes 72. Noes 0. Page 4866.)

19. May 19, 2022

    Read second time. Ordered to third reading.

20. May 19, 2022

    From committee: Do pass. (Ayes 16. Noes 0.) (May 19).

21. May 19, 2022

    Joint Rule 62(a), file notice suspended. (Page 4736.)

22. May 18, 2022

    In committee: Set, first hearing. Referred to suspense file.

23. May 02, 2022

    Re-referred to Com. on APPR.

24. April 28, 2022

    Read second time and amended.

25. April 27, 2022

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 14. Noes 0.) (April 26).

26. April 04, 2022

    Re-referred to Com. on HEALTH. pursuant to Assembly Rule 96.

27. April 04, 2022

    Re-referred to Com. on NAT. RES.

28. March 31, 2022

    From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.

29. March 28, 2022

    In committee: Set, first hearing. Hearing canceled at the request of author.

30. March 21, 2022

    Re-referred to Com. on NAT. RES.

31. March 17, 2022

    From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.

32. March 10, 2022

    Referred to Com. on NAT. RES.

33. February 19, 2022

    From printer. May be heard in committee March 21.

34. February 18, 2022

    Introduced. To print.

Sponsors

• Friedman · Cosponsor
• Jacqui Irwin · Primary
• Benjamin Allen · Cosponsor

Votes

Subjects