Section § 1275

Explanation

This section explains how California's health department is responsible for creating rules to manage health facilities. These rules must be fair and update old regulations by health boards. The Office of Statewide Health Planning and Development sets building codes for health facilities, ensuring safety without being stricter than necessary.

The rules for outpatient services in separate buildings should not be stricter than those for other clinics, and healthcare professionals must be part of the hospital's medical staff. The department can update health care standards from recognized associations without using the typical rule-making process, but it must inform and involve the public before adopting new standards.

If anyone opposes these standards, the department must use the standard regulatory process to adopt them. The changes should be clearly posted online, and if standards are adopted without opposition, the public should be notified.

(a)Copy CA Health & Safety Code § 1275(a)
(1)Copy CA Health & Safety Code § 1275(a)(1) The department shall adopt, amend, or repeal, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code and Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13, any reasonable rules and regulations as may be necessary or proper to carry out the purposes and intent of this chapter and to enable the state department to exercise the powers and perform the duties conferred upon it by this chapter, not inconsistent with any other law including, but not limited to, the California Building Standards Law, Part 2.5 (commencing with Section 18901) of Division 13.
(2)CA Health & Safety Code § 1275(a)(2) All regulations in effect on December 31, 1973, which were adopted by the State Board of Public Health, the State Department of Public Health, the State Department of Mental Hygiene, or the State Department of Health relating to licensed health facilities shall remain in full force and effect until altered, amended, or repealed by the director or pursuant to Section 25 or other provisions of law.
(b)CA Health & Safety Code § 1275(b) Notwithstanding this section or any other law, the Office of Statewide Health Planning and Development shall adopt and enforce regulations prescribing building standards for the adequacy and safety of health facility physical plants.
(c)CA Health & Safety Code § 1275(c) The building standards adopted by the State Fire Marshal, and the Office of Statewide Health Planning and Development pursuant to subdivision (b), for the adequacy and safety of freestanding physical plants housing outpatient services of a health facility licensed under subdivision (a) or (b) of Section 1250 shall not be more restrictive or comprehensive than the comparable building standards established, or otherwise made applicable, by the State Fire Marshal and the Office of Statewide Health Planning and Development to clinics and other facilities licensed pursuant to Chapter 1 (commencing with Section 1200).
(d)CA Health & Safety Code § 1275(d) Except as provided in subdivision (f), the licensing standards adopted by the department under subdivision (a) for outpatient services located in a freestanding physical plant of a health facility licensed under subdivision (a) or (b) of Section 1250 shall not be more restrictive or comprehensive than the comparable licensing standards applied by the department to clinics and other facilities licensed under Chapter 1 (commencing with Section 1200).
(e)CA Health & Safety Code § 1275(e) Except as provided in subdivision (f), the state agencies specified in subdivisions (c) and (d) shall not enforce any standard applicable to outpatient services located in a freestanding physical plant of a health facility licensed pursuant to subdivision (a) or (b) of Section 1250, to the extent that the standard is more restrictive or comprehensive than the comparable licensing standards applied to clinics and other facilities licensed under Chapter 1 (commencing with Section 1200).
(f)CA Health & Safety Code § 1275(f) All health care professionals providing services in settings authorized by this section shall be members of the organized medical staff of the health facility to the extent medical staff membership would be required for the provision of the services within the health facility. All services shall be provided under the respective responsibilities of the governing body and medical staff of the health facility.
(g)Copy CA Health & Safety Code § 1275(g)
(1)Copy CA Health & Safety Code § 1275(g)(1) Notwithstanding any other law, the department may, without taking regulatory action pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, update references in the California Code of Regulations to health care standards of practice adopted by a recognized state or national association when the state or national association and its outdated standards are already named in the California Code of Regulations. When updating these references, the department shall:
(A)CA Health & Safety Code § 1275(g)(1)(A) Post notice of the department’s proposed adoption of the state or national association’s health care standards of practice on its Internet Web site for at least 45 days. The notice shall include the name of the state or national association, the title of the health care standards of practice, and the version of the updated health care standards of practice to be adopted.
(B)CA Health & Safety Code § 1275(g)(1)(B) Notify stakeholders that the proposed standards have been posted on the department’s Internet Web site by issuing a mailing to the most recent stakeholder list on file with the department’s Office of Regulations.
(C)CA Health & Safety Code § 1275(g)(1)(C) Submit to the Office of Administrative Law the notice required pursuant to this paragraph. The office shall publish in the California Regulatory Notice Register any notice received pursuant to this subparagraph.
(D)CA Health & Safety Code § 1275(g)(1)(D) Accept public comment for at least 30 days after the conclusion of the 45-day posting period specified in subparagraph (A).
(2)CA Health & Safety Code § 1275(g)(2) If a member of the public requests a public hearing during the public comment period, a hearing shall be held and comments shall be considered prior to the adoption of the state or national association’s health care standards of practice.
(3)CA Health & Safety Code § 1275(g)(3) If no member of the public requests a public hearing, the department shall consider any comments received during the public comment period prior to the adoption of the health care standards.
(4)CA Health & Safety Code § 1275(g)(4) Written responses to public comments shall not be required. If public comments are submitted in opposition to the adoption of the proposed standards, or the state or national association named in the California Code of Regulations no longer exists, the department shall seek adoption of the standards using the regulatory process specified in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. A state or national association named in the California Code of Regulations that has changed its name does not constitute an association that no longer exists.
(5)CA Health & Safety Code § 1275(g)(5) If no opposition is received by the department, the department shall update its Internet Web site to notify the public that the standard has been adopted and the effective date of that standard.
(h)CA Health & Safety Code § 1275(h) For purposes of this section, “freestanding physical plant” means any building which is not physically attached to a building in which inpatient services are provided.

Section § 1275.1

Explanation

This section outlines specific regulations for psychiatric health facilities in California, which override any other health facilities' rules. These regulations focus on safety, staffing, and service standards based on patient needs.

They address three types of patients: involuntary and voluntary ambulatory patients with mental health disorders, and involuntary ambulatory patients with severe substance use disorders.

'Ambulatory patients' include those with mobility challenges who aren't bedridden. The law allows, but doesn't require, some hospital service standards if those needs can be met elsewhere.

It also includes guidelines for open architectural planning and exempts certain structures from seismic requirements.

Additionally, there are safety rules for restraining patients and mandates for a consultant pharmacist to supervise drug related services to prevent substance abuse.

(a)CA Health & Safety Code § 1275.1(a) Notwithstanding any rules or regulations governing other health facilities, the regulations developed by the State Department of Health Care Services, or a predecessor, for psychiatric health facilities shall prevail. The regulations applying to psychiatric health facilities shall prescribe standards of adequacy, safety, and sanitation of the physical plant, of staffing with duly qualified licensed personnel, and of services based on the needs of the persons served thereby.
(b)Copy CA Health & Safety Code § 1275.1(b)
(1)Copy CA Health & Safety Code § 1275.1(b)(1) The regulations shall include standards appropriate for treatment of three levels of disorder:
(A)CA Health & Safety Code § 1275.1(b)(1)(A) Involuntary ambulatory patients receiving treatment for a mental health disorder.
(B)CA Health & Safety Code § 1275.1(b)(1)(B) Voluntary ambulatory patients receiving treatment for a mental health disorder.
(C)CA Health & Safety Code § 1275.1(b)(1)(C) Involuntary ambulatory patients receiving treatment for a severe substance use disorder, as defined in subdivision (o) of Section 5008 of the Welfare and Institutions Code.
(2)CA Health & Safety Code § 1275.1(b)(2) For purposes of this subdivision, “ambulatory patients” shall include, but not be limited to, persons who are deaf, blind, or have physical disabilities. Disoriented persons who are not bedridden or wheelchair users shall also be considered ambulatory patients.
(c)CA Health & Safety Code § 1275.1(c) The regulations shall not require, but may permit building and services requirements for hospitals which are only applicable to physical health care needs of patients that can be met in an affiliated hospital or in outpatient settings including, but not limited to, such requirements as surgical, dietary, laboratory, laundry, central supply, radiologic, and pharmacy.
(d)CA Health & Safety Code § 1275.1(d) The regulations shall include provisions for an “open planning” architectural concept.
(e)CA Health & Safety Code § 1275.1(e) The regulations shall exempt from seismic requirements all structures of Type V and of one-story construction.
(f)CA Health & Safety Code § 1275.1(f) Standards for involuntary patients shall include provisions to allow for restraint and seclusion of patients. These standards shall provide for adequate safeguards for patient safety and protection of patient rights.
(g)CA Health & Safety Code § 1275.1(g) The regulations shall provide for the retention by the psychiatric health facility of a consultant pharmacist, who shall supervise and review pharmaceutical services within the facility and perform any other services, including prevention of the unlawful diversion of controlled substances subject to abuse, as the State Department of Health Care Services may by regulation require. Regulations adopted pursuant to this subdivision shall take into consideration the varying bed sizes of psychiatric health facilities.

Section § 1275.2

Explanation

This law sets specific rules for chemical dependency recovery hospitals, prioritizing their unique regulations over those for other health facilities. The standards cover building conditions, staffing needs, and the services provided, all tailored to meet patient needs. The law also specifies that these hospitals use an 'open planning' architectural style and exempts freestanding buildings from earthquake safety rules, though not those offering extra services in general or psychiatric beds. Regulations must be developed and publicly adopted within 180 days of the law's effective date, with an advisory committee helping to expedite this process. Committee members include various stakeholders from state departments and experienced facility operators, though non-state members cover their own costs.

(a)CA Health & Safety Code § 1275.2(a)  Notwithstanding any rules or regulations governing other health facilities, the regulations adopted by the state department for chemical dependency recovery hospitals shall prevail. The regulations applying to chemical dependency recovery hospitals shall prescribe standards of adequacy, safety, and sanitation of the physical plant, of staffing with duly qualified personnel, and of services based on the needs of the persons served thereby.
(b)CA Health & Safety Code § 1275.2(b)  The regulations shall include provisions for an “open planning” architectural concept.
(c)CA Health & Safety Code § 1275.2(c)  Notwithstanding the provisions of Chapter 1 (commencing with Section 15000) of Division 12.5, the regulations shall exempt from seismic requirements all freestanding structures of a chemical dependency recovery hospital. Chemical dependency recovery services provided as a supplemental service in general acute care beds or general acute psychiatric beds shall not be exempt from seismic requirements.
(d)CA Health & Safety Code § 1275.2(d)  Regulations shall be developed pursuant to this section and presented for adoption at a public hearing within 180 days of the effective date of this section.
(e)CA Health & Safety Code § 1275.2(e)  In order to assist in the rapid development of regulations for chemical dependency recovery hospitals, the director of the state department, not later than 30 days after the effective date of this section, shall convene an advisory committee composed of two representatives of the State Department of Health Care Services, one representative of the Office of Statewide Health Planning and Development, two persons with experience operating facilities with alcohol or medicinal drug dependency programs, and any other persons having a professional or personal nonfinancial interest in development of such regulations. The members of such advisory committee who are not state officers or employees shall pay their own expenses related to participation on the committee. The committee shall meet at the call of the director until such time as the proposed regulations are presented for adoption at public hearing.

Section § 1275.3

Explanation

This law requires the State Department of Public Health and the State Department of Developmental Services in California to create licensing rules for certain types of intermediate care facilities for people with developmental disabilities who need nursing care. These rules should make sure residents get the medical, nursing, and developmental services they need in a supportive and appropriate environment. The regulations must include resident assessments for medical and development needs, use community resources, and require program plan approval before facility licensing. They also need to establish appropriate licensing fee schedules and ensure pending regulations follow federal standards. Fire safety regulations by the State Fire Marshal still apply.

(a)CA Health & Safety Code § 1275.3(a) The State Department of Public Health and the State Department of Developmental Services shall jointly develop and implement licensing regulations appropriate for an intermediate care facility/developmentally disabled-nursing and an intermediate care facility/developmentally disabled-continuous nursing.
(b)CA Health & Safety Code § 1275.3(b) The regulations adopted pursuant to subdivision (a) shall ensure that residents of an intermediate care facility/developmentally disabled-nursing and an intermediate care facility/developmentally disabled-continuous nursing receive appropriate medical and nursing services, and developmental program services in a normalized, least restrictive physical and programmatic environment appropriate to individual resident need.
In addition, the regulations shall do all of the following:
(1)CA Health & Safety Code § 1275.3(1) Include provisions for the completion of a clinical and developmental assessment of placement needs, including medical and other needs, and the degree to which they are being met, of clients placed in an intermediate care facility/developmentally disabled-nursing and an intermediate care facility/developmentally disabled-continuous nursing and for the monitoring of these needs at regular intervals.
(2)CA Health & Safety Code § 1275.3(2) Provide for maximum utilization of generic community resources by clients residing in a facility.
(3)CA Health & Safety Code § 1275.3(3) Require the State Department of Developmental Services to review and approve an applicant’s facility program plan as a prerequisite to the licensing and certification process.
(4)CA Health & Safety Code § 1275.3(4) Require that the physician providing the certification that placement in the intermediate care facility/developmentally disabled-nursing or intermediate care facility/developmentally disabled-continuous nursing is needed, consult with the physician who is the physician of record at the time the person’s proposed placement is being considered by the interdisciplinary team.
(c)CA Health & Safety Code § 1275.3(c) Regulations developed pursuant to this section shall include licensing fee schedules appropriate to facilities which will encourage their development.
(d)CA Health & Safety Code § 1275.3(d) Until the departments adopt regulations pursuant to this section relating to services by an intermediate care facility/developmentally disabled-nursing, the licensed intermediate care facility/developmentally disabled-nursing shall comply with federal certification standards for intermediate care facilities for individuals with intellectual disabilities, as specified in Sections 483.400 to 483.480, inclusive, of Title 42 of the Code of Federal Regulations, in effect immediately preceding January 1, 2018.
(e)CA Health & Safety Code § 1275.3(e) This section shall not supersede the authority of the State Fire Marshal pursuant to Sections 13113, 13113.5, 13143, and 13143.6 to the extent that these sections are applicable to community care facilities.

Section § 1275.4

Explanation

By January 1, 2017, every skilled nursing facility in California must create and follow an antimicrobial stewardship policy. This policy should align with guidelines from prominent health organizations like the CDC or similar professional bodies. These facilities must comply, and failing to do so could lead to enforcement actions.

(a)CA Health & Safety Code § 1275.4(a) On or before January 1, 2017, each skilled nursing facility, as defined in subdivision (c) of Section 1250, shall adopt and implement an antimicrobial stewardship policy that is consistent with antimicrobial stewardship guidelines developed by the federal Centers for Disease Control and Prevention, the federal Centers for Medicare and Medicaid Services, the Society for Healthcare Epidemiology of America, or similar recognized professional organizations.
(b)CA Health & Safety Code § 1275.4(b) All skilled nursing facilities, as defined in subdivision (c) of Section 1250, shall comply with this section. Failure to comply with the requirements of this section may subject the facility to the enforcement actions set forth in Section 1423.

Section § 1275.5

Explanation

This section states that existing regulations for licensing hospitals, mental health facilities, and psychiatric health facilities will remain in effect and enforceable unless they are changed or repealed by a designated director. Specifically, even if created under previous laws, these regulations continue to apply. The State Department of Health Care Services has responsibilities related to licensing psychiatric health facilities, inheriting duties from the former Department of Health Services.

(a)CA Health & Safety Code § 1275.5(a) The regulations relating to the licensing of hospitals, heretofore adopted by the State Department of Public Health pursuant to former Chapter 2 (commencing with Section 1400) of Division 2, and in effect immediately prior to July 1, 1973, shall remain in effect and shall be fully enforceable with respect to any hospital required to be licensed by this chapter, unless and until the regulations are readopted, amended, or repealed by the director.
(b)CA Health & Safety Code § 1275.5(b) The regulations relating to private institutions receiving or caring for persons with mental health disorders, persons with developmental disabilities, and persons who lack legal competence to make decisions heretofore adopted by the Department of Mental Hygiene pursuant to Chapter 1 (commencing with Section 7000) of Division 7 of the Welfare and Institutions Code, and in effect immediately prior to July 1, 1973, shall remain in effect and shall be fully enforceable with respect to any facility, establishment, or institution for the reception and care of persons with mental health disorders, persons with developmental disabilities, and persons who lack legal competence to make decisions required to be licensed by the provisions of this chapter unless and until those regulations are readopted, amended, or repealed by the director.
(c)Copy CA Health & Safety Code § 1275.5(c)
(1)Copy CA Health & Safety Code § 1275.5(c)(1) All regulations relating to the licensing of psychiatric health facilities heretofore adopted by the State Department of Health Services, pursuant to authority now vested in the State Department of Health Care Services by Section 4080 of the Welfare and Institutions Code, and in effect immediately preceding September 20, 1988, shall remain in effect and shall be fully enforceable by the State Department of Health Care Services with respect to any facility or program required to be licensed as a psychiatric health facility, unless and until readopted, amended, or repealed by the Director of Health Care Services.
(2)CA Health & Safety Code § 1275.5(c)(2) The State Department of Health Care Services shall succeed to and be vested with all duties, powers, purposes, functions, responsibilities, and jurisdiction as they relate to licensing psychiatric health facilities.

Section § 1275.6

Explanation

This law allows health facilities licensed under certain sections to offer healthcare services in alternative settings outside of traditional hospital buildings, as long as these services are not specifically prohibited. The state department is responsible for setting standards to ensure patient safety and high-quality care in these settings. Before regulations are fully established, the department can impose temporary standards to encourage innovation and safe practices. Healthcare professionals providing these services must be part of the hospital's medical staff, and the services must meet existing licensing standards for similar services offered by non-hospital providers. The term 'hospital building' refers to its definition in another specific section of the code.

(a)CA Health & Safety Code § 1275.6(a)  A health facility licensed pursuant to subdivision (a) or (b) of Section 1250 may provide in any alternative setting health care services and programs which may be provided by any other provider of health care outside of a hospital building or which are not otherwise specifically prohibited by this chapter. In addition, the state department and the Office of Statewide Health Planning and Development shall adopt and enforce standards which permit the ability of a health facility licensed pursuant to subdivision (a) or (b) of Section 1250 to use its space for alternative purposes.
(b)CA Health & Safety Code § 1275.6(b)  In adopting regulations implementing this section, and in reviewing an application or other request by a health facility licensed pursuant to subdivision (a) or (b) of Section 1250, pursuant to Section 1265, and subdivision (b) of Section 1276, relating to services provided in alternative settings, the state department may adopt or impose reasonable standards and conditions which promote and protect patient health, safety, security, and quality of health care.
(c)CA Health & Safety Code § 1275.6(c)  Pending the adoption of regulations referred to in subdivision (b), the state department may condition approval of the alternative service or alternative setting on reasonable standards consistent with this section and subdivisions (d) and (e) of Section 1275. The state department and the Office of Statewide Health Planning and Development may adopt these standards by mutual agreement with a health facility proposing a service and may, after consultation with appropriate professional and trade associations, establish guidelines for hospitals wishing to institute an alternative service or to provide a service in an alternative setting. Services provided outside of a hospital building under this section shall be subject to the licensing standards, if any, that are applicable to the same or similar service provided by nonhospital providers outside of a hospital building. The intent of this subdivision is to assure timely introduction of safe and efficacious innovations in health care services by providing a mechanism for the temporary implementation and evaluation of standards for alternative services and settings and to facilitate the adoption of appropriate regulations by the state department.
(d)CA Health & Safety Code § 1275.6(d)  All health care professionals providing services in settings authorized by this section shall be members of the organized medical staff of the health facility to the extent medical staff membership would be required for the provision of the services within the health facility. All services shall be provided under the respective responsibilities of the governing body and medical staff of the health facility. Nothing in this section shall be construed to repeal or otherwise affect Section 2400 of the Business and Professions Code, or to exempt services provided under this section from licensing standards, if any, established by or otherwise applicable to, the same or similar service provided by nonhospital providers outside of a hospital building.
(e)CA Health & Safety Code § 1275.6(e)  For purposes of this section, “hospital building” shall have the same meaning as that term is defined in Section 15026.

Section § 1275.7

Explanation

The California Legislature recognizes that the theft of newborns from hospitals is a serious issue with no current legal requirement for hospitals to address it. As a result, this law mandates that hospitals providing maternity services must establish written policies to protect babies and reduce thefts. The state department is responsible for adopting regulations by July 1, 1991, requiring these policies, and hospitals must comply within 60 days of the regulations becoming effective.

Additionally, the state department will check if hospitals' policies meet the regulations. Hospitals are required to review their security policies every two years to ensure ongoing compliance and effectiveness.

(a)CA Health & Safety Code § 1275.7(a)  The Legislature makes the following findings and declarations:
(1)CA Health & Safety Code § 1275.7(a)(1)  The theft of newborn babies from hospitals is a serious societal problem that must be addressed.
(2)CA Health & Safety Code § 1275.7(a)(2)  There is no statutory requirement that hospitals offering maternity services establish policies and procedures that protect newborns and their parents from physical harm and emotional distress resulting from baby thefts.
(3)CA Health & Safety Code § 1275.7(a)(3)  Societal change has popularized a more open and natural birthing process, which, unfortunately, increases the risk of thefts of newborns from hospitals and other health facilities offering maternity services.
(4)CA Health & Safety Code § 1275.7(a)(4)  Baby thefts detrimentally affect the emotional and physical health of newborns and their families.
(5)CA Health & Safety Code § 1275.7(a)(5)  It is the intent of the Legislature in enacting this chapter to take reasonable steps toward reducing baby thefts.
(b)CA Health & Safety Code § 1275.7(b)  On or before July 1, 1991, the state department shall adopt regulations requiring any hospital or other health facility offering maternity services to establish written policies and procedures designed to promote the protection of babies and the reduction of baby thefts from hospitals or other health facilities offering maternity services. Those hospitals and facilities shall establish the policies and procedures no later than 60 days after the regulations become effective.
(c)CA Health & Safety Code § 1275.7(c)  The state department shall review the policies and procedures established by the hospitals and other health facilities, as required by subdivision (b), to determine compliance with the regulations adopted by the state department, pursuant to subdivision (b).
(d)CA Health & Safety Code § 1275.7(d)  Hospitals and other health facilities offering maternity services shall periodically review their policies and procedures established pursuant to this section. The review need not occur more frequently than every two years.

Section § 1275.8

Explanation

By January 1, 2020, all general acute care and acute psychiatric hospitals in California need to have a policy for cleaning linens. This policy must follow the latest infection control guidelines from the CDC and the Centers for Medicare and Medicaid Services. Even if these hospitals use an outside laundry service, they must still ensure their linen cleaning practices meet these standards.

(a)CA Health & Safety Code § 1275.8(a) On or before January 1, 2020, each general acute care hospital, as defined in subdivision (a) of Section 1250, and acute psychiatric hospital, as defined in subdivision (b) of Section 1250, shall adopt and implement a linen laundry processing policy that is consistent and in accordance with the most recent infection control guidelines and standards developed by the following:
(1)CA Health & Safety Code § 1275.8(a)(1) The federal Centers for Disease Control and Prevention.
(2)CA Health & Safety Code § 1275.8(a)(2) The federal Centers for Medicare and Medicaid Services.
(b)CA Health & Safety Code § 1275.8(b) A general acute care hospital and an acute psychiatric hospital that uses a medical laundry service provider shall comply with the requirements of subdivision (a).

Section § 1275.41

Explanation

If there's an emergency involving contagious diseases, skilled nursing homes must report disease data to the State Department of Public Health. This includes detailed information on each death related to the disease, and it must be reported within a day. The department will update the public weekly with this information while maintaining patient privacy.

During such emergencies, nursing facilities are also required to inform residents, their families, and representatives about any disease cases, following privacy laws. The health department can issue guidelines on these processes without going through the usual regulatory procedures.

(a)Copy CA Health & Safety Code § 1275.41(a)
(1)Copy CA Health & Safety Code § 1275.41(a)(1) In the event of a declared emergency related to a communicable disease, a skilled nursing facility, as defined in subdivision (c) of Section 1250, shall report communicable disease data in a format and schedule as required by the State Department of Public Health.
(2)CA Health & Safety Code § 1275.41(a)(2) The communicable disease data reported pursuant to this section shall include, but not be limited to, information about each disease-related death and suspected disease-related death, which shall be reported to the State Department of Public Health within 24 hours of the death.
(3)CA Health & Safety Code § 1275.41(a)(3) The State Department of Public Health shall make the total number of disease-related deaths and suspected disease-related deaths reported pursuant to this section and the location at which they occurred, in a manner that protects patients’ medical privacy, available on its internet website on a weekly basis.
(b)CA Health & Safety Code § 1275.41(b) During a declared emergency related to a communicable disease, a skilled nursing facility shall notify residents and their representatives and family members about cases of the communicable disease in compliance with state and federal privacy laws, as instructed by the department.
(c)CA Health & Safety Code § 1275.41(c) Notwithstanding any other law, the department may, without taking any regulatory actions pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, implement, interpret, or make specific this section by means of an All Facilities Letter (AFL) or similar instruction.

Section § 1276

Explanation

This law outlines the standards for health facilities in California, focusing on the adequacy, safety, and sanitation of physical plants and staffing with qualified personnel. It allows for flexibility in meeting standards through alternative methods if approved by the relevant health department, as long as statutory requirements are met.

Health facilities can request flexibility, including for critical care units, which must be supported by evidence and public comment. Requests should be processed within 60 days, except in emergencies requiring quicker responses. The law also addresses medication purchasing practices to save costs.

The department responsible for oversight will post applications, approvals, and other relevant information online, ensuring transparency and accountability. In emergencies, the usual public comment process can be expedited to address urgent healthcare needs.

(a)CA Health & Safety Code § 1276(a) The building standards published in the California Building Standards Code by the Department of Health Care Access and Information, and the regulations adopted by the State Department of Public Health 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)CA Health & Safety Code § 1276(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 State Department of Public Health or the Department of Health Care Access and Information, as applicable. The approval of the department or the Department of Health Care Access and Information 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 Department of Health Care Access and Information regarding the exception, as applicable.
(c)CA Health & Safety Code § 1276(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 State Department of Public Health 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)CA Health & Safety Code § 1276(d) 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.
(e)CA Health & Safety Code § 1276(e) To the extent that an application by a health facility for program flexibility, or for an extension of program flexibility, includes a request to allow the health facility to designate a bed or multiple beds in a critical care unit as requiring a lower level of care, including, but not limited to, the level of care provided in an intermediate care, step-down, telemetry, medical-surgical, specialty care, or pediatric services unit, that application shall be referred to as a “critical care unit program flexibility request.” This subdivision and subdivision (f) do not confer on the department any new or additional authority to modify staffing ratios.
(f)Copy CA Health & Safety Code § 1276(f)
(1)Copy CA Health & Safety Code § 1276(f)(1) The department shall require, as support for a critical care unit program flexibility request, the applicant or licensee to submit supporting evidence that includes documentation establishing the need for program flexibility and that the proposed alternative will not jeopardize the health, safety, and well-being of patients and is needed for increased operational efficiency.
(A)CA Health & Safety Code § 1276(f)(1)(A) Any critical care unit program flexibility request, including supporting evidence submitted with the request, shall be posted on the department’s publicly accessible internet website within five calendar days of receipt by the department.
(B)CA Health & Safety Code § 1276(f)(1)(B) The department, at the time it posts a health facility’s critical care unit program flexibility request, shall provide a method to electronically collect public comment specifically on the application for a period of 30 days.
(C)CA Health & Safety Code § 1276(f)(1)(C) The 60-day timeframe provided for in subdivision (d) shall not commence until a facility’s critical care unit program flexibility request and supporting evidence have been posted on the department’s internet website.
(2)Copy CA Health & Safety Code § 1276(f)(2)
(A)Copy CA Health & Safety Code § 1276(f)(2)(A) A health facility that makes a critical care unit program flexibility request shall comply with both of the following requirements:
(i)CA Health & Safety Code § 1276(f)(2)(A)(i) Conspicuously post the critical care unit program flexibility request form and a notice next to its license stating that a critical care unit program flexibility request and supporting evidence have been submitted to the department.
(ii)CA Health & Safety Code § 1276(f)(2)(A)(ii) Immediately make its best effort to notify affected employees and employee representatives of the critical care unit program flexibility request and direction to where to find the request and supporting evidence, and where to provide public comment.
(B)CA Health & Safety Code § 1276(f)(2)(A)(B) A facility’s critical care unit program flexibility request will not be deemed complete for purposes of the 60-day timeframe pursuant to subdivision (d) until the facility has complied with this paragraph.
(3)CA Health & Safety Code § 1276(f)(3) In no event shall the department approve a health facility’s critical care unit program flexibility request for a period of more than one year.
(4)CA Health & Safety Code § 1276(f)(4) Any approval of a health facility’s critical care unit program flexibility request may be revoked by the department at any time, including on the grounds that there is no longer a need for program flexibility, that the approved alternative jeopardizes the health, safety, and well-being of patients, or that the approved alternative does not adequately protect patient safety.
(5)Copy CA Health & Safety Code § 1276(f)(5)
(A)Copy CA Health & Safety Code § 1276(f)(5)(A) The 30-day comment period required by subparagraph (B) of paragraph (1) shall not apply when a hospital submits a critical care unit program flexibility request due to a health care emergency. Critical care unit program flexibility requests approved pursuant to this paragraph shall not be effective for more than 90 days, and any request to extend the term of critical care unit program flexibility that was approved pursuant to this paragraph shall be subject to the regular process provided for in this subdivision.
(B)CA Health & Safety Code § 1276(f)(5)(A)(B) For purposes of this paragraph, “health care emergency” means an unpredictable or unavoidable occurrence at unscheduled or unpredictable intervals relating to health care delivery requiring immediate medical interventions and care.
(6)CA Health & Safety Code § 1276(f)(6) This subdivision shall become operative on January 1, 2023.
(g)CA Health & Safety Code § 1276(g) Notwithstanding any other law or regulation, the State Department of Public Health 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.
(h)CA Health & Safety Code § 1276(h) On or before February 1, 2023, the department shall post all of the following information on its internet website:
(1)CA Health & Safety Code § 1276(h)(1) A list of applicants for critical care unit program flexibility and the date of the application.
(2)CA Health & Safety Code § 1276(h)(2) A list of health facilities with approved critical care unit program flexibility and the effective start and end date of the approval.
(3)CA Health & Safety Code § 1276(h)(3) If approved, the notification of approval for critical care unit program flexibility, which shall include the application for critical care unit program flexibility; the regulation or regulations impacted; beds, units, or departments affected; and any conditions placed on the approval.
(4)CA Health & Safety Code § 1276(h)(4) A department contact for the public to submit a complaint related to an approved critical care unit program flexibility.

Section § 1276.1

Explanation

This law allows the department to set standards for staffing in licensed health facilities either by establishing its own criteria or by adopting standards from specific organizations. If the department chooses to adopt these external standards, they must do one of three things: include the requirements in the regulation, keep a list of these standards available to the public, or have explicit legal authority to use the organization's standards.

In setting personnel standards for licensed health facilities pursuant to Section 1276, the department may set such standards itself or may adopt them by reference to named standard-setting organizations. If the department adopts standards for a category of health personnel by reference to a specified organization, the department shall either:
(a)CA Health & Safety Code § 1276.1(a)  List in the regulation the education, training, experience, examinations, or other requirements set by the specified organization; or
(b)CA Health & Safety Code § 1276.1(b)  Retain on file and available for public inspection a listing of the education, training, experience, examinations, or other requirements set by the specified organization; or
(c)CA Health & Safety Code § 1276.1(c)  Have direct statutory authority or requirement to use the standards of the specified organization.

Section § 1276.2

Explanation

This law explains that in certain cases, skilled nursing facilities in California can use licensed vocational nurses (LVNs) instead of registered nurses (RNs) for specific roles, but only if they can't find an RN. Facilities must try to hire an RN first and keep a record of their efforts. LVNs must be permanent staff at the facility, and an RN must be available for consultation. If LVNs are used more than seven days a month, the facility needs special approval from the state. LVNs can't be directors of nursing, and this rule mainly applies to evening and night shifts. However, it doesn't apply if related Medi-Cal regulations are in place, and if care levels are inadequate, the state can require more staffing.

Standards and regulations adopted by the state department pursuant to Section 1276 shall not require the use of a registered nurse for the performance of any service or staffing of any position in freestanding skilled nursing facilities that may lawfully be performed or staffed by a licensed vocational nurse pursuant to the Vocational Nursing Practice Act (Chapter 6.5 (commencing with Section 2840) of Division 2 of the Business and Professions Code) and applicable federal regulations, when a facility is unable to obtain a registered nurse, except that a licensed vocational nurse employed in accordance with this section shall be a permanent employee of the facility. The facility shall make a good faith effort to obtain a registered nurse prior to determining that it is unable to obtain a registered nurse for the relevant shift, and this effort shall be noted in the facility’s records. The facility shall make provision for a registered nurse to be available for consultation and professional assistance during the hours in which a licensed vocational nurse is used as provided by this section. The facility shall maintain a record of the identity and phone number of the registered nurse that is to be available for consultation and professional assistance, as required by this section. If the substitution of a licensed vocational nurse for a registered nurse occurs more often than seven days per month, the facility shall obtain program flexibility approval from the state department pursuant to subdivision (b) of Section 1276. Nothing in this section shall permit a licensed vocational nurse to act as director of nurses pursuant to the Vocational Nursing Practice Act. This section applies to staffing for the evening and night shifts only, except that if the level of care is determined by the state department to be inadequate, the state department may require the facility to provide additional staffing.
This section shall not apply to the Medi-Cal regulations adopted pursuant to Sections 14114 and 14132.25 of the Welfare and Institutions Code.

Section § 1276.3

Explanation

This law highlights the risk of fire-related injuries in surgical and procedural rooms due to intense heat sources in oxygen-rich environments. It emphasizes the need for high-level fire and panic safety standards in these areas within licensed health facilities in California.

Health facilities are required to educate and train their staff about fire safety and emergency plans as part of their orientation and ongoing training. The facilities must follow fire safety guidelines from recognized organizations, like the Association of Operating Room Nurses, approved by the state department.

Each facility is responsible for deciding how the training will be delivered and the amount of training needed.

(a)CA Health & Safety Code § 1276.3(a)  The Legislature finds and declares that the citizens of California are in danger of being injured and killed in the state’s surgical suites and procedural rooms in licensed health facilities, because of the many intense heat sources present in an oxygen-rich environment. It is the intent of the Legislature that this section promote maximum fire and panic safety standards in surgical suites and procedural rooms in licensed health facilities, and other areas that pose a danger due to the presence of oxygen, in California.
(b)Copy CA Health & Safety Code § 1276.3(b)
(1)Copy CA Health & Safety Code § 1276.3(b)(1)  The state department, shall promote safety by requiring that licensed health facilities that have surgical suites and procedural rooms provide information and training in fire and panic safety in oxygen rich environments, including equipment, safety, and emergency plans, as part of an orientation for new employees, and ongoing inservice training.
(2)CA Health & Safety Code § 1276.3(b)(2)  The licensed health facilities described in paragraph (1) shall use the fire safety guidelines in oxygen rich environments published by the Association of Operating Room Nurses or any other nationally recognized body or organization, and approved by the state department.
(c)CA Health & Safety Code § 1276.3(c)  The licensed health facilities described in paragraph (1) of subdivision (b) shall determine the modality of training and the number of hours of training required.

Section § 1276.4

Explanation

California's Department of Public Health is required to set specific nurse-to-patient ratios for hospitals, ensuring enough licensed nurses are available to care for patients across different hospital units. These regulations must be reviewed every five years, with special considerations for rural hospitals. This law mandates orientation and competency validation for all nursing staff in different areas before they start working in specific units, especially for temporary nurses.

Hospitals must create written policies for staff training. If a hospital, particularly rural ones, finds these ratios challenging without jeopardizing patient safety, they can apply for a waiver. Emergency regulations can be adopted to address urgent staffing needs, specifically for psychiatric units, without needing usual reviews. Existing ratios in intensive care, neonatal intensive care, operating rooms, and hospitals run by the State Department of State Hospitals won't be replaced by these new rules.

The unique needs of University of California teaching hospitals will be considered when establishing nurse-to-patient ratios, ensuring compliance with nursing education requirements.

(a)CA Health & Safety Code § 1276.4(a) By January 1, 2002, the State Department of Public Health shall adopt regulations that establish minimum, specific, and numerical licensed nurse-to-patient ratios by licensed nurse classification and by hospital unit for all health facilities licensed pursuant to subdivision (a) or (f) of Section 1250. No later than July 31, 2027, or one and one-half years after adoption of emergency regulations pursuant to subdivision (k), whichever is sooner, the State Department of Public Health shall adopt regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), as specified in subdivision (k), that establish minimum, specific, and numerical licensed nurse-to-patient ratios for health facilities licensed pursuant to subdivision (b) of Section 1250. The State Department of Public Health shall adopt these regulations in accordance with the department’s licensing and certification regulations as stated in Sections 70053.2, 70215, and 70217 of Title 22 of the California Code of Regulations, and the professional and vocational regulations in Section 1443.5 of Title 16 of the California Code of Regulations. The department shall review these regulations five years after adoption and shall report to the Legislature regarding any proposed changes. Flexibility shall be considered by the department for rural general acute care hospitals in response to their special needs. As used in this subdivision, “hospital unit” means a critical care unit, burn unit, labor and delivery room, postanesthesia service area, emergency department, operating room, pediatric unit, step-down/intermediate care unit, specialty care unit, telemetry unit, general medical care unit, subacute care unit, and transitional inpatient care unit. The regulation addressing the emergency department shall distinguish between regularly scheduled core staff licensed nurses and additional licensed nurses required to care for critical care patients in the emergency department.
(b)CA Health & Safety Code § 1276.4(b) These ratios shall constitute the minimum number of registered and licensed nurses that shall be allocated. Additional staff shall be assigned in accordance with a documented patient classification system for determining nursing care requirements, including the severity of the illness, the need for specialized equipment and technology, the complexity of clinical judgment needed to design, implement, and evaluate the patient care plan and the ability for self-care, and the licensure of the personnel required for care.
(c)CA Health & Safety Code § 1276.4(c) “Critical care unit” as used in this section means a unit that is established to safeguard and protect patients whose severity of medical conditions requires continuous monitoring, and complex intervention by licensed nurses.
(d)CA Health & Safety Code § 1276.4(d) All health facilities licensed under subdivision (a), (b), or (f) of Section 1250 shall adopt written policies and procedures for training and orientation of nursing staff.
(e)CA Health & Safety Code § 1276.4(e) No registered nurse shall be assigned to a nursing unit or clinical area unless that nurse has first received orientation in that clinical area sufficient to provide competent care to patients in that area, and has demonstrated current competence in providing care in that area.
(f)CA Health & Safety Code § 1276.4(f) The written policies and procedures for orientation of nursing staff shall require that all temporary personnel shall receive orientation and be subject to competency validation consistent with Sections 70016.1 and 70214 of Title 22 of the California Code of Regulations.
(g)CA Health & Safety Code § 1276.4(g) Requests for waivers to this section that do not jeopardize the health, safety, and well-being of patients affected and that are needed for increased operational efficiency may be granted by the department to rural general acute care hospitals meeting the criteria set forth in Section 70059.1 of Title 22 of the California Code of Regulations.
(h)CA Health & Safety Code § 1276.4(h) In case of conflict between this section and any provision or regulation defining the scope of nursing practice, the scope of practice provisions shall control.
(i)CA Health & Safety Code § 1276.4(i) The regulations adopted by the department shall augment and not replace existing nurse-to-patient ratios that exist in regulation or law for the intensive care units, the neonatal intensive care units, or the operating room.
(j)CA Health & Safety Code § 1276.4(j) The regulations adopted by the department shall not replace existing licensed staff-to-patient ratios for hospitals operated by the State Department of State Hospitals.
(k)Copy CA Health & Safety Code § 1276.4(k)
(1)Copy CA Health & Safety Code § 1276.4(k)(1) The regulations adopted by the department for health facilities licensed under subdivision (b) of Section 1250 that are not operated by the State Department of State Hospitals shall take into account the special needs of the patients served in the psychiatric units.
(2)CA Health & Safety Code § 1276.4(k)(2) The department shall adopt emergency regulations pursuant to this subdivision no later than January 31, 2026. The department may readopt any emergency regulation authorized by this subdivision that is the same as, or substantially equivalent to, an emergency regulation previously adopted under this subdivision.
(3)CA Health & Safety Code § 1276.4(k)(3) The adoption of emergency regulations pursuant to this subdivision and two readoptions of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Emergency regulations and readoptions authorized by this section shall be exempt from review by the Office of Administrative Law. The emergency regulations and the readoptions authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State. Notwithstanding any other provision of law, the adoption and readoptions of these emergency regulations shall be exempt from the requirements of subdivision (b) of Section 11346.1 of the Government Code and each shall remain in effect for no more than 180 days.
(4)CA Health & Safety Code § 1276.4(k)(4) The emergency regulations adopted pursuant to this subdivision may include, but are not limited to, the following:
(A)CA Health & Safety Code § 1276.4(k)(4)(A) Staffing standards, including nurse-to-patient, specific to acute psychiatric hospitals.
(B)CA Health & Safety Code § 1276.4(k)(4)(B) Requirements used to determine appropriate staffing based on patient acuity and care needs.
(C)CA Health & Safety Code § 1276.4(k)(4)(C) Requirements that the State Department of Public Health deems necessary or relevant to staffing policies and procedures to promote patient safety.
(l)CA Health & Safety Code § 1276.4(l) The department may take into consideration the unique nature of the University of California teaching hospitals as educational institutions when establishing licensed nurse-to-patient ratios. The department shall coordinate with the Board of Registered Nursing to ensure that staffing ratios are consistent with the Board of Registered Nursing approved nursing education requirements. This includes nursing clinical experience incidental to a work-study program rendered in a University of California clinical facility approved by the Board of Registered Nursing provided there will be sufficient direct care registered nurse preceptors available to ensure safe patient care.

Section § 1276.05

Explanation

This law allows general acute care hospitals in California to temporarily relocate services as part of their efforts to meet building standards for seismic safety. The Office of Statewide Health Planning and Development and the state department can grant flexibility in meeting these standards, provided public safety is not at risk. Requests for such flexibility cannot waive key structural, fire, life safety, or accessibility requirements. Hospitals must notify the public about proposed temporary changes to key services and seek public input. A special unit will help address licensing issues, ensuring hospitals comply with seismic safety laws and considering public comments on flexibility requests. Hospitals must specify how long they plan to use temporary spaces and update their compliance plans when changes occur.

(a)CA Health & Safety Code § 1276.05(a)  The Office of Statewide Health Planning and Development shall allow any general acute care hospital facility that needs to relocate services on an interim basis as part of its approval plan for compliance with Article 8 (commencing with Section 130000) or Article 9 (commencing with Section 130050) in the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 (Chapter 1 (commencing with Section 129675) of Part 7 of Division 107) flexibility in achieving compliance with, or in substantial satisfaction of the objectives of, building standards adopted pursuant to Section 1276 with regard to the use of interim space for the provision of hospital services, or both, on a case-by-case basis so long as public safety is not compromised.
(b)CA Health & Safety Code § 1276.05(b)  The state department shall allow any facility to which subdivision (a) applies flexibility in achieving compliance with, or in substantial satisfaction of, the objectives of licensing standards, or both, with regard to the use of interim space for the provision of hospital services, or both, on a case-by-case basis so long as public safety is not compromised.
(c)CA Health & Safety Code § 1276.05(c)  Hospital licensees, upon application for program flexibility under this section, shall provide public notice of the proposed interim use of space that houses at least one of the eight basic services that are required in a general acute care hospital in a manner that is likely to reach a substantial number of residents of the community served by the facility and employees of the facility.
(d)CA Health & Safety Code § 1276.05(d)  No request shall be approved under this section for a waiver of any primary structural system, fire and life safety requirements, or any requirement with respect to accessibility for persons with disabilities.
(e)CA Health & Safety Code § 1276.05(e)  In approving any request pursuant to this section for flexibility, the office shall consider public comments.
(f)CA Health & Safety Code § 1276.05(f)  The state department shall establish a unit with two statewide liaisons for the purposes of the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 (Chapter 1 (commencing with Section 129675) of Part 7 of Division 107), to do all of the following:
(1)CA Health & Safety Code § 1276.05(f)(1)  Serve as a central resource for hospital representatives on licensing issues relative to Article 8 or Article 9 in the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 and provide licensing information to the public, upon request.
(2)CA Health & Safety Code § 1276.05(f)(2)  Serve as liaison with the Office of Statewide Health Planning and Development, the State Fire Marshal, the Seismic Safety Commission, and other entities as necessary on hospital operational issues with respect to Article 8 or Article 9 in the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983.
(3)CA Health & Safety Code § 1276.05(f)(3)  Ensure statewide compliance with respect to licensing issues relative to hospital buildings that are required to meet standards established by Article 8 or Article 9 in the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983.
(4)CA Health & Safety Code § 1276.05(f)(4)  Process requests for program flexibility under subdivision (a).
(5)CA Health & Safety Code § 1276.05(f)(5)  Accept and consider public comments on requests for flexibility.
(g)CA Health & Safety Code § 1276.05(g)  Each compliance plan, in providing for an interim use of space in which flexibility is requested, shall identify the duration of time proposed for the interim use of the space. Upon any amendment of a hospital’s approved compliance plan, any hospital for which a flexibility plan has been approved pursuant to subdivision (a) shall provide a copy of the amended plan to the State Department of Health Services within 30 days.

Section § 1276.5

Explanation

This law mandates skilled nursing and intermediate care facilities in California to provide a specific amount of nursing care to each patient, starting at 3.2 hours of direct care per patient per day from January 1, 2000. The calculation of 'nursing hours' includes hours worked by nursing aides, assistants, orderlies, registered nurses (RNs), and licensed vocational nurses (LVNs), with RNs and LVNs hours often counted double, except in state-owned hospitals.

The law requires a registered nurse to be present at all times if a facility's services necessitate it. Administrators of certain intermediate care facilities (ICFs) must be licensed nursing home administrators or qualified intellectual disability professionals, with specific training or experience. Specific rules apply to facilities serving individuals with developmental disabilities or mental health disorders.

(a)CA Health & Safety Code § 1276.5(a) The department shall adopt regulations setting forth the minimum number of equivalent nursing hours per patient required in skilled nursing and intermediate care facilities, subject to the specific requirements of Section 14110.7 of the Welfare and Institutions Code. However, notwithstanding Section 14110.7 or any other law, commencing January 1, 2000, the minimum number of actual nursing hours per patient required in a skilled nursing facility shall be 3.2 hours, except as provided in Section 1276.9.
(b)Copy CA Health & Safety Code § 1276.5(b)
(1)Copy CA Health & Safety Code § 1276.5(b)(1) For the purposes of this section, “nursing hours” means the number of hours of work performed per patient day by aides, nursing assistants, or orderlies plus two times the number of hours worked per patient day by registered nurses and licensed vocational nurses (except directors of nursing in facilities of 60 or larger capacity) and, in the distinct part of facilities and freestanding facilities providing care for persons with developmental disabilities or mental health disorders by licensed psychiatric technicians who perform direct nursing services for patients in skilled nursing and intermediate care facilities, except when the skilled nursing and intermediate care facility is licensed as a part of a state-owned hospital or developmental center, and except that nursing hours for skilled nursing facilities means the actual hours of work, without doubling the hours performed per patient day by registered nurses and licensed vocational nurses.
(2)CA Health & Safety Code § 1276.5(b)(2) Concurrent with implementation of the first year of rates established under the Medi-Cal Long Term Care Reimbursement Act of 1990 (Article 3.8 (commencing with Section 14126) of Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code), for the purposes of this section, “nursing hours” means the number of hours of work performed per patient day by aides, nursing assistants, registered nurses, and licensed vocational nurses (except directors of nursing in facilities of 60 or larger capacity) and, in the distinct part of facilities and freestanding facilities providing care for persons with developmental disabilities or mental health disorders, by licensed psychiatric technicians who performed direct nursing services for patients in skilled nursing and intermediate care facilities, except when the skilled nursing and intermediate care facility is licensed as a part of a state-owned hospital or developmental center.
(c)CA Health & Safety Code § 1276.5(c) Notwithstanding Section 1276, the department shall require the utilization of a registered nurse at all times if the department determines that the services of a skilled nursing and intermediate care facility require the utilization of a registered nurse.
(d)Copy CA Health & Safety Code § 1276.5(d)
(1)Copy CA Health & Safety Code § 1276.5(d)(1) Except as otherwise provided by law, the administrator of an intermediate care facility/developmentally disabled, intermediate care facility/developmentally disabled habilitative, or an intermediate care facility/developmentally disabled—nursing shall be either a licensed nursing home administrator or a qualified intellectual disability professional as defined in Section 483.430 of Title 42 of the Code of Federal Regulations.
(2)CA Health & Safety Code § 1276.5(d)(2) To qualify as an administrator for an intermediate care facility for the developmentally disabled, a qualified intellectual disability professional shall complete at least six months of administrative training or demonstrate six months of experience in an administrative capacity in a licensed health facility, as defined in Section 1250, excluding those facilities specified in subdivisions (e), (h), and (i).

Section § 1276.6

Explanation

This law requires facilities to officially declare that any increased funding they receive to meet staffing ratio standards of 3.2 is used specifically for that purpose. They must sign a form under penalty of perjury and return it to the department within 30 days of receiving it.

Each facility shall certify, under penalty of perjury and to the best of their knowledge, on a form provided by the department, that funds received pursuant to increasing the staffing ratio to 3.2, as provided for in Section 1276.5, were expended for this purpose. The facility shall return the form to the department within 30 days of receipt by the facility.

Section § 1276.7

Explanation

This law requires that by May 1, 2001, the department must assess whether more nursing hours per patient day are needed in skilled nursing facilities and make recommendations based on this assessment. They must analyze staffing levels, expenditure on nursing staff, other states’ requirements, research reports, number of Medi-Cal beds, facility corporate status, compliance with standards, and workforce trends.

The department must then report their findings and recommendations, including possible increases in staffing and associated costs, to the Legislature. The goal is to ensure sufficient staffing levels for quality care, with a target of 3.5 direct care nursing hours per patient by 2004 or as otherwise deemed necessary for safety and quality care in nursing homes.

(a)Copy CA Health & Safety Code § 1276.7(a)
(1)Copy CA Health & Safety Code § 1276.7(a)(1)  On or before May 1, 2001, the department shall determine the need, and provide subsequent recommendations, for any increase in the minimum number of nursing hours per patient day in skilled nursing facilities. The department shall analyze the relationship between staffing levels and quality of care in skilled nursing facilities. The analysis shall include, but not be limited to, all of the following:
(A)CA Health & Safety Code § 1276.7(a)(1)(A)  A determination of average staffing levels in this state.
(B)CA Health & Safety Code § 1276.7(a)(1)(B)  A review of facility expenditures on nursing staff, including salary, wages, and benefits.
(C)CA Health & Safety Code § 1276.7(a)(1)(C)  A review of other states’ staffing requirements as relevant to this state.
(D)CA Health & Safety Code § 1276.7(a)(1)(D)  A review of available research and reports on the issue of staffing levels and quality of care.
(E)CA Health & Safety Code § 1276.7(a)(1)(E)  The number of Medi-Cal beds in a facility.
(F)CA Health & Safety Code § 1276.7(a)(1)(F)  The corporate status of the facility.
(G)CA Health & Safety Code § 1276.7(a)(1)(G)  Information on compliance with both state and federal standards.
(H)CA Health & Safety Code § 1276.7(a)(1)(H)  Work force availability trends.
(2)CA Health & Safety Code § 1276.7(a)(2)  The department shall prepare a report on its analysis and recommendations and submit this report to the Legislature, including its recommendations for any staffing increases and proposed timeframes and costs for implementing any increase.
(b)CA Health & Safety Code § 1276.7(b)  It is the intent of the Legislature to establish sufficient staffing levels required to provide quality skilled nursing care. It is further the intent of the Legislature to increase the minimum number of direct care nursing hours per patient day in skilled nursing facilities to 3.5 hours by 2004 or to whatever staffing levels the department determines are required to provide California nursing home residents with a safe environment and quality skilled nursing care.

Section § 1276.8

Explanation

This section defines what constitutes a respiratory care practitioner and specifies that they must be certified under the Respiratory Care Practice Act. It outlines that the scope of respiratory care services is detailed in another part of the law. Respiratory care can be offered in various settings such as hospitals, for in-home care, and during patient transportation, always under a doctor's direction.

Additionally, certified respiratory care practitioners can take and follow doctors' orders related to respiratory care. This law prioritizes certification and proper supervision while allowing flexibility in various care environments.

Notwithstanding any other provision of law, including, but not limited to, Section 1276, the following shall apply:
(a)CA Health & Safety Code § 1276.8(a) As used in this code, “respiratory care practitioner,” “respiratory therapist,” “respiratory therapy technician,” and “inhalation therapist” mean a respiratory care practitioner certified under the Respiratory Care Practice Act (Chapter 8.3 (commencing with Section 3700) of Division 2 of the Business and Professions Code).
(b)CA Health & Safety Code § 1276.8(b) The definition of respiratory care services, respiratory therapy, inhalation therapy, or the scope of practice of respiratory care, shall be as described in Section 3702 of the Business and Professions Code.
(c)CA Health & Safety Code § 1276.8(c) Respiratory care may be performed in hospitals, ambulatory or in-home care, and other settings where respiratory care is performed under the supervision of a medical director in accordance with the prescription of a physician and surgeon. Respiratory care may also be provided during the transportation of a patient, and under any circumstances where an emergency necessitates respiratory care.
(d)CA Health & Safety Code § 1276.8(d) In addition to other licensed health care practitioners authorized to administer respiratory care, a certified respiratory care practitioner may accept, transcribe, and implement the written and verbal orders of a physician and surgeon pertaining to the practice of respiratory care.

Section § 1276.9

Explanation

This law outlines staffing requirements for certain parts of skilled nursing facilities that provide special treatment programs for people with mental health disorders. These parts must offer at least 2.3 nursing hours per patient each day. 'Nursing hours' include time worked by aides, nursing assistants, registered nurses, licensed vocational nurses, plus psychiatric technicians in certain facilities, with registered and licensed vocational nursing hours counting double.

Additionally, these areas need an overall weekly average of 3.2 hours per patient per day from a broader staff category. Staff who count toward this average include certified nurse assistants, registered and vocational nurses, psychiatric technicians, psychiatrists, psychologists, social workers, and program staff providing therapeutic services.

(a)CA Health & Safety Code § 1276.9(a) A special treatment program service unit distinct part shall have a minimum 2.3 nursing hours per patient per day.
(b)CA Health & Safety Code § 1276.9(b) For purposes of this section, “special treatment program service unit distinct part” means an identifiable and physically separate unit of a skilled nursing facility or an entire skilled nursing facility that provides therapeutic programs to an identified population group of persons with mental health disorders.
(c)CA Health & Safety Code § 1276.9(c) For purposes of this section, “nursing hours” means the number of hours of work performed per patient day by aides, nursing assistants, or orderlies, plus two times the number of hours worked per patient day by registered nurses and licensed vocational nurses (except directors of nursing in facilities of 60 or larger capacity), and, in the distinct part of facilities and freestanding facilities providing care for persons with developmental disabilities or mental health disorders, by licensed psychiatric technicians who perform direct nursing services for patients in skilled nursing and intermediate care facilities, except when the skilled nursing and intermediate care facility is licensed as a part of a state hospital.
(d)CA Health & Safety Code § 1276.9(d) A special treatment program service unit distinct part shall also have an overall average weekly staffing level of 3.2 hours per patient per day, calculated without regard to the doubling of nursing hours, as described in paragraph (1) of subdivision (b) of Section 1276.5, for the special treatment program service unit distinct part.
(e)CA Health & Safety Code § 1276.9(e) The calculation of the overall staffing levels in these facilities for the special treatment program service unit distinct part shall include staff from all of the following categories:
(1)CA Health & Safety Code § 1276.9(e)(1) Certified nurse assistants.
(2)CA Health & Safety Code § 1276.9(e)(2) Licensed vocational nurses.
(3)CA Health & Safety Code § 1276.9(e)(3) Registered nurses.
(4)CA Health & Safety Code § 1276.9(e)(4) Licensed psychiatric technicians.
(5)CA Health & Safety Code § 1276.9(e)(5) Psychiatrists.
(6)CA Health & Safety Code § 1276.9(e)(6) Psychologists.
(7)CA Health & Safety Code § 1276.9(e)(7) Social workers.
(8)CA Health & Safety Code § 1276.9(e)(8) Program staff who provide rehabilitation, counseling, or other therapeutic services.

Section § 1276.65

Explanation

This California law outlines staffing requirements for skilled nursing facilities. It defines 'direct care service hours' and the types of professionals who count as 'direct caregivers,' including registered nurses and certified nurse assistants. Facilities must provide at least 3.5 hours of direct care per patient each day, with a minimum of 2.4 hours delivered by certified nurse assistants. Staff responsible solely for non-care tasks like housekeeping cannot count towards these ratios. Regulations include a mechanism for waivers in case of staff shortages, and penalties may apply for non-compliance. The department is tasked with regular consultations to adjust staffing standards, ensuring that they meet patient needs without unduly increasing costs.

The regulation mandates posting current staffing levels in facilities, and compliance will be checked during inspections. These staffing standards are contingent on budget appropriations and require continual federal support. There's also a provision for hiring experts to ensure the implementation's effectiveness and to evaluate workforce availability.

(a)CA Health & Safety Code § 1276.65(a) For purposes of this section, the following definitions shall apply:
(1)CA Health & Safety Code § 1276.65(a)(1) “Direct care service hours” means the actual hours of work performed per patient day by a direct caregiver, as defined in paragraph (2). Until final regulations are promulgated to implement this section as amended by the act that added this paragraph, the department shall recognize the hours performed by direct caregivers, to the same extent as those hours are recognized by the department pursuant to Section 1276.5 on July 1, 2017.
(2)CA Health & Safety Code § 1276.65(a)(2)  “Direct caregiver” means a registered nurse, as referred to in Section 2732 of the Business and Professions Code, a licensed vocational nurse, as referred to in Section 2864 of the Business and Professions Code, a psychiatric technician, as referred to in Section 4516 of the Business and Professions Code, and a certified nurse assistant, or a nursing assistant participating in an approved training program, as defined in Section 1337, while performing nursing services as described in Sections 72309, 72311, and 72315 of Title 22 of the California Code of Regulations, as those sections read on July 1, 2017.
(3)CA Health & Safety Code § 1276.65(a)(3)  “Skilled nursing facility” means a skilled nursing facility as defined in subdivision (c) of Section 1250.
(b)CA Health & Safety Code § 1276.65(b)  A person employed to provide services such as food preparation, housekeeping, laundry, or maintenance services shall not provide nursing care to residents and shall not be counted in determining ratios under this section.
(c)Copy CA Health & Safety Code § 1276.65(c)
(1)Copy CA Health & Safety Code § 1276.65(c)(1) (A) Notwithstanding any other law, the department shall develop regulations that become effective August 1, 2003, that establish staff-to-patient ratios for direct caregivers working in a skilled nursing facility.
(B)CA Health & Safety Code § 1276.65(c)(1)(B) Effective July 1, 2018, skilled nursing facilities, except those skilled nursing facilities that are a distinct part of a general acute care facility or a state-owned hospital or developmental center, shall have a minimum number of direct care services hours of 3.5 per patient day, except as set forth in Section 1276.9.
(C)CA Health & Safety Code § 1276.65(c)(1)(C) Skilled nursing facilities shall have a minimum of 2.4 hours per patient day for certified nurse assistants in order to meet the requirements in subparagraph (B).
(D)CA Health & Safety Code § 1276.65(c)(1)(D) The department shall repeal and amend existing regulations and adopt emergency regulations to implement the amendments made by the act that added this subparagraph. The department shall consult stakeholders prior to promulgation of regulations and shall provide a 90-day notice to stakeholders prior to adopting regulations. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.
(2)CA Health & Safety Code § 1276.65(c)(2)  The department, in developing staff-to-patient ratios for direct caregivers and licensed nurses required by this section, shall convert the existing requirement under Section 1276.5 of this code and Section 14110.7 of the Welfare and Institutions Code for direct care service hours per patient day of care and shall verify that no less care is given than is required pursuant to Section 1276.5 of this code and Section 14110.7 of the Welfare and Institutions Code. Further, the department shall develop the ratios in a manner that minimizes additional state costs, maximizes resident quality of care, and takes into account the length of the shift worked. In developing the regulations, the department shall develop a procedure for facilities to apply for a waiver that addresses individual patient needs except that in no instance shall the minimum staff-to-patient ratios be less than the 3.5 direct care service hours per patient day required pursuant to subparagraph (B) of paragraph (1).
(d)CA Health & Safety Code § 1276.65(d)  The direct care service hour requirements to be developed pursuant to this section shall be minimum standards only. Skilled nursing facilities shall employ and schedule additional staff as needed to ensure quality resident care based on the needs of individual residents and to ensure compliance with all relevant state and federal staffing requirements.
(e)CA Health & Safety Code § 1276.65(e)  No later than January 1, 2006, and every five years thereafter, the department shall consult with consumers, consumer advocates, recognized collective bargaining agents, and providers to determine the sufficiency of the staffing standards provided in this section and may adopt regulations to increase the minimum staffing ratios to adequate levels.
(f)CA Health & Safety Code § 1276.65(f)  In a manner pursuant to federal requirements, every skilled nursing facility shall post information about staffing levels that includes the current number of licensed and unlicensed nursing staff directly responsible for resident care in the facility. This posting shall include staffing requirements developed pursuant to this section.
(g)Copy CA Health & Safety Code § 1276.65(g)
(1)Copy CA Health & Safety Code § 1276.65(g)(1) Notwithstanding any other law, the department shall inspect for compliance with this section during state and federal periodic inspections, including, but not limited to, those inspections required under Section 1422. This inspection requirement shall not limit the department’s authority in other circumstances to cite for violations of this section or to inspect for compliance with this section.
(2)CA Health & Safety Code § 1276.65(g)(2)  A violation of the regulations developed pursuant to this section may constitute a class “B,” “A,” or “AA” violation pursuant to the standards set forth in Section 1424. The department shall set a timeline for phase-in of penalties pursuant to this section through all-facility letters or other similar instructions.
(h)CA Health & Safety Code § 1276.65(h)  The requirements of this section are in addition to any requirement set forth in Section 1276.5 of this code and Section 14110.7 of the Welfare and Institutions Code.
(i)CA Health & Safety Code § 1276.65(i)  Implementation of the staffing standard developed pursuant to requirements set forth in this section shall be contingent on an appropriation in the annual Budget Act and continued federal approval of the Skilled Nursing Facility Quality Assurance Fee pursuant to Article 7.6 (commencing with Section 1324.20).
(j)CA Health & Safety Code § 1276.65(j)  In implementing this section, the department may contract as necessary, on a bid or nonbid basis, for professional consulting services from nationally recognized higher education and research institutions, or other qualified individuals and entities not associated with a skilled nursing facility, with demonstrated expertise in long-term care. This subdivision establishes an accelerated process for issuing contracts pursuant to this section and contracts entered into pursuant to this section shall be exempt from the requirements of Chapter 1 (commencing with Section 10100) and Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code.
(k)CA Health & Safety Code § 1276.65(k)  This section shall not apply to facilities defined in Section 1276.9.
(l)CA Health & Safety Code § 1276.65(l) The department shall adopt emergency regulations or all-facility letters, or other similar instructions, to create a waiver of the direct care service hour requirements established in this section for skilled nursing facilities by July 1, 2018, to address a shortage of available and appropriate health care professionals and direct caregivers. Waivers granted pursuant to these provisions shall be reviewed annually and either renewed or revoked. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.
(m)CA Health & Safety Code § 1276.65(m) The department shall evaluate the impact of the changes made to this section by the act that added this subdivision regarding patient quality of care and shall work with other state departments, as necessary, to evaluate the workforce available to meet these requirements, including an evaluation of the effectiveness of the minimum requirements of 2.4 hours per patient day for certified nursing assistants specified in subparagraph (C) of paragraph (1) of subdivision (c). The department may contract with a vendor for purposes of conducting this evaluation.

Section § 1276.66

Explanation

This law establishes the Skilled Nursing Facility Minimum Staffing Penalty Account in California's treasury to handle funds related to penalties for staffing shortfalls in skilled nursing facilities. The State Department of Public Health is tasked with enforcing staffing requirements and imposing penalties if facilities fall short on required nursing hours per patient per day.

If a facility doesn't meet these requirements often enough, they face financial penalties of $25,000 or $50,000, depending on how frequently they fall short. Facilities can appeal penalties, and the State Department of Health Care Services handles these appeals, with specific timelines for hearings and decisions.

The appeals process is exempt from some governmental procedural laws. Additionally, the account funds can also be used for other state budget needs and the department may contract with outside entities to help implement this law.

(a)Copy CA Health & Safety Code § 1276.66(a)
(1)Copy CA Health & Safety Code § 1276.66(a)(1) The Skilled Nursing Facility Minimum Staffing Penalty Account is hereby established in the State Treasury. The account shall contain all moneys deposited pursuant to subdivision (b).
(2)CA Health & Safety Code § 1276.66(a)(2) Notwithstanding Section 13340 of the Government Code or any other law, the Skilled Nursing Facility Minimum Staffing Penalty Account is hereby continuously appropriated, without regard to fiscal years, to the State Department of Public Health to support the implementation of this section.
(b)Copy CA Health & Safety Code § 1276.66(b)
(1)Copy CA Health & Safety Code § 1276.66(b)(1) The State Department of Public Health shall use the direct care staffing level data it collects to determine whether a skilled nursing facility has met the nursing hours or direct care service hours per patient per day requirements pursuant to Section 1276.5 or 1276.65, as applicable.
(2)Copy CA Health & Safety Code § 1276.66(b)(2)
(A)Copy CA Health & Safety Code § 1276.66(b)(2)(A) The State Department of Public Health shall assess a skilled nursing facility, licensed pursuant to subdivision (c) of Section 1250, an administrative penalty if the State Department of Public Health determines that the skilled nursing facility fails to meet the nursing hours or direct care service hours per patient per day requirements pursuant to Section 1276.5 or 1276.65, as applicable, as follows:
(i)CA Health & Safety Code § 1276.66(b)(2)(A)(i) Twenty-five thousand dollars ($25,000) if the facility fails to meet the requirements for 5 percent or more of the audited days up to 49 percent.
(ii)CA Health & Safety Code § 1276.66(b)(2)(A)(ii) Fifty thousand dollars ($50,000) if the facility fails to meet the requirements for over 49 percent or more of the audited days.
(B)Copy CA Health & Safety Code § 1276.66(b)(2)(A)(B)
(i)Copy CA Health & Safety Code § 1276.66(b)(2)(A)(B)(i) If the skilled nursing facility does not dispute the determination or assessment, the penalties shall be paid in full by the licensee to the State Department of Public Health within 30 days of the facility’s receipt of the notice of penalty and deposited into the Skilled Nursing Facility Minimum Staffing Penalty Account.
(ii)CA Health & Safety Code § 1276.66(b)(2)(A)(B)(i)(ii) The State Department of Public Health may, upon written notification to the licensee, request that the State Department of Health Care Services offset any moneys owed to the licensee by the Medi-Cal program or any other payment program administered by the State Department of Health Care Services to recoup the penalty provided for in this section.
(C)Copy CA Health & Safety Code § 1276.66(b)(2)(A)(C)
(i)Copy CA Health & Safety Code § 1276.66(b)(2)(A)(C)(i) If a facility disputes the determination or assessment made pursuant to this paragraph, the facility shall, within 30 days of the facility’s receipt of the determination and assessment, simultaneously submit a request for appeal to both the State Department of Health Care Services and the State Department of Public Health. A request for an appeal may be made by a facility based upon a determination that does not result in an assessment. The request shall include a detailed statement describing the reason for appeal and include all supporting documents the facility will present at the hearing.
(ii)CA Health & Safety Code § 1276.66(b)(2)(A)(C)(i)(ii) Within 30 days of the State Department of Public Health’s receipt of the facility’s request for appeal, the State Department of Public Health shall submit, to both the facility and the State Department of Health Care Services, its responsive arguments and all supporting documents that the State Department of Public Health will present at the hearing.
(D)CA Health & Safety Code § 1276.66(b)(2)(A)(D) The State Department of Health Care Services shall hear a timely appeal and issue a decision as follows:
(i)CA Health & Safety Code § 1276.66(b)(2)(A)(D)(i) The hearing shall commence within 60 days from the date of receipt by the State Department of Health Care Services of the facility’s timely request for appeal.
(ii)CA Health & Safety Code § 1276.66(b)(2)(A)(D)(ii) The State Department of Health Care Services shall issue a decision within 120 days from the date of receipt by the State Department of Health Care Services of the facility’s timely request for appeal.
(iii)CA Health & Safety Code § 1276.66(b)(2)(A)(D)(iii) The decision of the State Department of Health Care Services’ hearing officer, when issued, shall be the final decision of the State Department of Public Health.
(E)CA Health & Safety Code § 1276.66(b)(2)(A)(E) The appeals process set forth in this paragraph shall be exempt from Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500), of Part 1 of Division 3 of Title 2 of the Government Code. The provisions of Sections 100171 and 131071 do not apply to appeals under this paragraph.
(F)CA Health & Safety Code § 1276.66(b)(2)(A)(F) If a hearing decision issued pursuant to subparagraph (D) is in favor of the State Department of Public Health, the skilled nursing facility shall pay the penalties to the State Department of Public Health within 30 days of the facility’s receipt of the decision. The penalties collected shall be deposited into the Skilled Nursing Facility Minimum Staffing Penalty Account.
(c)CA Health & Safety Code § 1276.66(c) The assessment of a penalty under this section shall not prohibit any state or federal enforcement action, including, but not limited to, State Department of Public Health’s investigation process or issuance of deficiencies or citations under Chapter 2.4 (commencing with Section 1417).
(d)CA Health & Safety Code § 1276.66(d) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Public Health may implement this section by means of all-facility letters or other similar instructions without taking regulatory action.
(e)CA Health & Safety Code § 1276.66(e) In implementing this section, the State Department of Public Health may contract, as necessary, with California’s Medicare Quality Improvement Organization, or other entities deemed qualified by the State Department of Public Health, not associated with a skilled nursing facility. The department may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis for purposes of implementing this subdivision. Contracts entered into or amended pursuant to this subdivision shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, the State Administrative Manual, and the State Contracting Manual, and shall be exempt from the review or approval of any division of the State Department of General Services.
(f)CA Health & Safety Code § 1276.66(f) Notwithstanding any other law, the State Controller may use the funds in the Skilled Nursing Facility Minimum Staffing Penalty Account for cash flow loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code.

Section § 1277

Explanation

Before issuing a license, the department must ensure that a health facility's premises, management, rules, equipment, staff, and care standards meet required criteria. Health facilities, whether state-owned or private, must adhere to the same licensing requirements for professional personnel like doctors and nurses. Certain psychologists and social workers employed as of 1979 are exempt from these requirements. The department can provide a temporary waiver for individuals gaining necessary experience for licensure in mental health professions, lasting up to six years, depending on employment status and special circumstances.

Active doctoral candidates in certain fields can extend waivers without time limits during their studies. A special permit can be issued if standards are met, particularly in services provided by unlicensed practitioners. Extensions for licensing waivers can be granted due to circumstances like natural disasters or language barriers.

(a)CA Health & Safety Code § 1277(a) No license shall be issued by the department unless it finds that the premises, the management, the bylaws, rules and regulations, the equipment, the staffing, both professional and nonprofessional, and the standards of care and services are adequate and appropriate, and that the health facility is operated in the manner required by this chapter and by the rules and regulations adopted hereunder.
(b)Copy CA Health & Safety Code § 1277(b)
(1)Copy CA Health & Safety Code § 1277(b)(1) Notwithstanding any provision of Part 2 (commencing with Section 5600) of Division 5 of, or Division 7 (commencing with Section 7100) of, the Welfare and Institutions Code or any other law to the contrary, the licensure requirements for professional personnel, including, but not limited to, physicians and surgeons, dentists, podiatrists, psychologists, marriage and family therapists, pharmacists, registered nurses, clinical social workers, and professional clinical counselors in the state and other governmental health facilities licensed by the department shall not be less than for those professional personnel in health facilities under private ownership.
(2)CA Health & Safety Code § 1277(b)(2) Persons employed as psychologists and clinical social workers, while continuing in their employment in the same class as of January 1, 1979, in the same state or other governmental health facility licensed by the department, including those persons on authorized leave, but not including intermittent personnel, shall be exempt from the requirements of paragraph (1).
(3)Copy CA Health & Safety Code § 1277(b)(3)
(A)Copy CA Health & Safety Code § 1277(b)(3)(A) The requirements of paragraph (1) may be waived by the department solely for persons in the professions of psychology, marriage and family therapy, clinical social work, or professional clinical counseling who are gaining qualifying experience for licensure in that profession in this state. A waiver granted pursuant to this paragraph shall not exceed four years from commencement of the employment in this state in a position that includes qualifying experience, at which time licensure shall have been obtained or the employment shall be terminated, except that an extension of a waiver of licensure may be granted for one additional year, based on extenuating circumstances determined by the department pursuant to subdivision (e). For persons employed as psychologists, clinical social workers, marriage and family therapists, or professional clinical counselors less than full time, an extension of a waiver of licensure may be granted for additional years proportional to the extent of part-time employment, as long as the person is employed without interruption in service, but in no case shall the waiver of licensure exceed six years in the case of clinical social workers, marriage and family therapists, or professional clinical counselors, or five years in the case of psychologists.
(B)CA Health & Safety Code § 1277(b)(3)(A)(B) For the purposes of this paragraph, “qualifying experience” means experience that satisfies the requirements of subdivision (d) of Section 2914 of, or Section 4980.43, 4996.23, or 4999.46 of, the Business and Professions Code.
(4)CA Health & Safety Code § 1277(b)(4) The durational limitation upon waivers pursuant to paragraph (3) shall not apply to any of the following:
(A)CA Health & Safety Code § 1277(b)(4)(A) Active candidates for a doctoral degree in social work, social welfare, or social science, who are enrolled at an accredited university, college, or professional school, but these limitations shall apply following completion of this training.
(B)CA Health & Safety Code § 1277(b)(4)(B) Active candidates for a doctoral degree in marriage and family therapy who are enrolled at a school, college, or university, specified in subdivision (b) of Section 4980.36 of, or subdivision (b) of Section 4980.37 of, the Business and Professions Code, but the limitations shall apply following completion of the training.
(C)CA Health & Safety Code § 1277(b)(4)(C) Active candidates for a doctoral degree in professional clinical counseling who are enrolled at a school, college, or university, specified in subdivision (b) of Section 4999.32 of, or subdivision (b) of Section 4999.33 of, the Business and Professions Code, but the limitations shall apply following the completion of the training.
(5)CA Health & Safety Code § 1277(b)(5) A waiver pursuant to paragraph (3) shall be granted only to the extent necessary to qualify for licensure, except that personnel recruited for employment from outside this state and whose experience is sufficient to gain admission to a licensing examination shall nevertheless have one year from the date of their employment in California to become licensed, at which time licensure shall have been obtained or the employment shall be terminated, provided that the employee shall take the licensure examination at the earliest possible date after the date of the employee’s employment. If the employee does not pass the examination at that time, the employee shall have a second opportunity to pass the next possible examination, subject to the one-year limit.
(c)CA Health & Safety Code § 1277(c) A special permit shall be issued by the department when it finds that the staff, both professional and nonprofessional, and the standards of care and services are adequate and appropriate, and that the special services unit is operated in the manner required in this chapter and by the rules and regulations adopted hereunder.
(d)CA Health & Safety Code § 1277(d) The department shall apply the same standards to state and other governmental health facilities that it licenses as it applies to health facilities in private ownership, including standards specifying the level of training and supervision of all unlicensed practitioners. Except for psychologists, the department may grant an extension of a waiver of licensure for personnel recruited from outside this state for one additional year, based upon extenuating circumstances as determined by the department pursuant to subdivision (e).
(e)CA Health & Safety Code § 1277(e) The department shall grant a request for an extension of a waiver based on extenuating circumstances, pursuant to subdivision (b) or (d), if any of the following circumstances exist:
(1)CA Health & Safety Code § 1277(e)(1) The person requesting the extension has experienced a recent catastrophic event that may impair the person’s ability to qualify for and pass the license examination. Those events may include, but are not limited to, significant hardship caused by a natural disaster, serious and prolonged illness of the person, serious and prolonged illness or death of a child, spouse, or parent, or other stressful circumstances.
(2)CA Health & Safety Code § 1277(e)(2) The person requesting the extension has difficulty speaking or writing the English language, or other cultural and ethnic factors exist that substantially impair the person’s ability to qualify for and pass the license examination.
(3)CA Health & Safety Code § 1277(e)(3) The person requesting the extension has experienced other personal hardship that the department, in its discretion, determines to warrant the extension.

Section § 1278

Explanation

This law allows state department officers, employees, or agents to enter and inspect buildings or premises at any reasonable time. They do this to ensure the rules of this chapter are being followed or to stop any rule-breaking from happening.

Any officer, employee, or agent of the state department may, upon presentation of proper identification, enter and inspect any building or premises at any reasonable time to secure compliance with, or to prevent a violation of, any provision of this chapter.

Section § 1278.5

Explanation

This section encourages healthcare workers, patients, and medical staff to report unsafe conditions in healthcare facilities without fear of retaliation. It explicitly prohibits facilities from retaliating against individuals who report issues or participate in investigations concerning patient care. If any discriminatory action happens within a certain timeframe after a report, it's assumed to be retaliation, but this can be challenged with evidence. If found guilty of retaliation, facilities face fines and those affected have rights to compensation, reinstatement, and more. Specific protections are in place for healthcare workers involved in peer review processes. The rules apply broadly to healthcare facilities, but not to long-term care or correctional facilities.

(a)CA Health & Safety Code § 1278.5(a) The Legislature finds and declares that it is the public policy of the State of California to encourage patients, nurses, members of the medical staff, and other health care workers to notify government entities of suspected unsafe patient care and conditions. The Legislature encourages this reporting in order to protect patients and in order to assist those accreditation and government entities charged with ensuring that health care is safe. The Legislature finds and declares that whistleblower protections apply primarily to issues relating to the care, services, and conditions of a facility and are not intended to conflict with existing provisions in state and federal law relating to employee and employer relations.
(b)Copy CA Health & Safety Code § 1278.5(b)
(1)Copy CA Health & Safety Code § 1278.5(b)(1) A health facility shall not discriminate or retaliate, in any manner, against a patient, employee, member of the medical staff, or other health care worker of the health facility because that person has done either of the following:
(A)CA Health & Safety Code § 1278.5(b)(1)(A) Presented a grievance, complaint, or report to the facility, to an entity or agency responsible for accrediting or evaluating the facility, or the medical staff of the facility, or to any other governmental entity.
(B)CA Health & Safety Code § 1278.5(b)(1)(B) Has initiated, participated, or cooperated in an investigation or administrative proceeding related to the quality of care, services, or conditions at the facility that is carried out by an entity or agency responsible for accrediting or evaluating the facility or its medical staff, or governmental entity.
(2)CA Health & Safety Code § 1278.5(b)(2) An entity that owns or operates a health facility, or that owns or operates any other health facility, shall not discriminate or retaliate against a person because that person has taken any actions pursuant to this subdivision.
(3)CA Health & Safety Code § 1278.5(b)(3) A violation of this section shall be subject to a civil penalty of not more than twenty-five thousand dollars ($25,000). The civil penalty shall be assessed and recovered through the same administrative process set forth in Chapter 2.4 (commencing with Section 1417) for long-term health care facilities.
(c)CA Health & Safety Code § 1278.5(c) Any type of discriminatory treatment of a patient by whom, or upon whose behalf, a grievance or complaint has been submitted, directly or indirectly, to a governmental entity or received by a health facility administrator within 180 days of the filing of the grievance or complaint, shall raise a rebuttable presumption that the action was taken by the health facility in retaliation for the filing of the grievance or complaint.
(d)Copy CA Health & Safety Code § 1278.5(d)
(1)Copy CA Health & Safety Code § 1278.5(d)(1) There shall be a rebuttable presumption that discriminatory action was taken by the health facility, or by the entity that owns or operates that health facility, or that owns or operates any other health facility, in retaliation against an employee, member of the medical staff, or any other health care worker of the facility, if responsible staff at the facility or the entity that owns or operates the facility had knowledge of the actions, participation, or cooperation of the person responsible for any acts described in paragraph (1) of subdivision (b), and the discriminatory action occurs within 120 days of the filing of the grievance or complaint by the employee, member of the medical staff or any other health care worker of the facility.
(2)CA Health & Safety Code § 1278.5(d)(2) For purposes of this section, discriminatory treatment of an employee, member of the medical staff, or any other health care worker includes, but is not limited to, discharge, demotion, suspension, or any unfavorable changes in, or breach of, the terms or conditions of a contract, employment, or privileges of the employee, member of the medical staff, or any other health care worker of the health care facility, or the threat of any of these actions.
(e)CA Health & Safety Code § 1278.5(e) The presumptions in subdivisions (c) and (d) shall be presumptions affecting the burden of producing evidence as provided in Section 603 of the Evidence Code.
(f)CA Health & Safety Code § 1278.5(f) A person who willfully violates this section is guilty of a misdemeanor punishable by a fine of not more than seventy-five thousand dollars ($75,000), in addition to the civil penalty provided in paragraph (3) of subdivision (b).
(g)CA Health & Safety Code § 1278.5(g) An employee who has been discriminated against in employment pursuant to this section shall be entitled to reinstatement, reimbursement for lost wages and work benefits caused by the acts of the employer, and the legal costs associated with pursuing the case, or to any remedy deemed warranted by the court pursuant to this chapter or any other applicable provision of statutory or common law. A health care worker who has been discriminated against pursuant to this section shall be entitled to reimbursement for lost income and the legal costs associated with pursuing the case, or to any remedy deemed warranted by the court pursuant to this chapter or other applicable provision of statutory or common law. A member of the medical staff who has been discriminated against pursuant to this section shall be entitled to reinstatement, reimbursement for lost income resulting from any change in the terms or conditions of the member’s privileges caused by the acts of the facility or the entity that owns or operates a health facility or any other health facility that is owned or operated by that entity, and the legal costs associated with pursuing the case, or to any remedy deemed warranted by the court pursuant to this chapter or any other applicable provision of statutory or common law.
(h)CA Health & Safety Code § 1278.5(h) The medical staff of the health facility may petition the court for an injunction to protect a peer review committee from being required to comply with evidentiary demands on a pending peer review hearing from the member of the medical staff who has filed an action pursuant to this section, if the evidentiary demands from the complainant would impede the peer review process or endanger the health and safety of patients of the health facility during the peer review process. Prior to granting an injunction, the court shall conduct an in camera review of the evidence sought to be discovered to determine if a peer review hearing, as authorized in Section 805 and Sections 809 to 809.5, inclusive, of the Business and Professions Code, would be impeded. If it is determined that the peer review hearing will be impeded, the injunction shall be granted until the peer review hearing is completed. This section does not preclude the court, on motion of its own or by a party, from issuing an injunction or other order under this subdivision in the interest of justice for the duration of the peer review process to protect the person from irreparable harm.
(i)CA Health & Safety Code § 1278.5(i) For purposes of this section, “health facility” means a facility defined under this chapter, including, but not limited to, the facility’s administrative personnel, employees, boards, and committees of the board, and medical staff.
(j)CA Health & Safety Code § 1278.5(j) This section does not apply to an inmate of a correctional facility or juvenile facility of the Department of Corrections and Rehabilitation, or to an inmate housed in a local detention facility including a county jail or a juvenile hall, juvenile camp, or other juvenile detention facility.
(k)CA Health & Safety Code § 1278.5(k) This section does not apply to a health facility that is a long-term health care facility, as defined in Section 1418. A health facility that is a long-term health care facility shall remain subject to Section 1432.
(l)CA Health & Safety Code § 1278.5(l) This section does not limit the ability of the medical staff to carry out its legitimate peer review activities in accordance with Sections 809 to 809.5, inclusive, of the Business and Professions Code.
(m)CA Health & Safety Code § 1278.5(m) This section does not abrogate or limit any other theory of liability or remedy otherwise available at law.
(n)CA Health & Safety Code § 1278.5(n) An employee or the employee’s representative shall have the right to discuss possible regulatory violations or patient safety concerns with the inspector privately during the course of an investigation or inspection by the department.

Section § 1279

Explanation

This law requires regular inspections of licensed health facilities in California to ensure quality care. Inspections occur at least every two years, and every three years for certain facilities, or more frequently if necessary. Advice and assistance are offered by inspectors during these visits. Teams inspecting large hospitals must include a physician, nurse, and administrative experts. Inspections are generally unannounced, ensuring genuine assessments of compliance with state and federal regulations, which are crucial for maintaining consistent standards across the state's districts. If a federal inspection occurs at the same time, the state inspection aligns with federal guidelines. Consistency in enforcement and response to compliance issues is emphasized.

(a)CA Health & Safety Code § 1279(a) Every health facility for which a license or special permit has been issued shall be periodically inspected by the department, or by another governmental entity under contract with the department. The frequency of inspections shall vary, depending upon the type and complexity of the health facility or special service to be inspected, unless otherwise specified by state or federal law or regulation. The inspection shall include participation by the California Medical Association consistent with the manner in which it participated in inspections, as provided in Section 1282 prior to September 15, 1992.
(b)CA Health & Safety Code § 1279(b) Except as provided in subdivision (c) and Section 1422, inspections shall be conducted no less than once every two years and as often as necessary to ensure the quality of care being provided.
(c)CA Health & Safety Code § 1279(c) For a health facility specified in subdivision (a), (b), or (f) of Section 1250, inspections shall be conducted no less than once every three years, and as often as necessary to ensure the quality of care being provided.
(d)CA Health & Safety Code § 1279(d) During the inspection, the representative or representatives shall offer such advice and assistance to the health facility as they deem appropriate.
(e)CA Health & Safety Code § 1279(e) For acute care hospitals of 100 beds or more, the inspection team shall include at least a physician, registered nurse, and persons experienced in hospital administration and sanitary inspections. During the inspection, the team shall offer advice and assistance to the hospital as it deems appropriate.
(f)CA Health & Safety Code § 1279(f) The department shall ensure that a periodic inspection conducted pursuant to this section is not announced in advance of the date of inspection. An inspection may be conducted jointly with inspections by entities specified in Section 1282. However, if the department conducts an inspection jointly with an entity specified in Section 1282 that provides notice in advance of the periodic inspection, the department shall conduct an additional periodic inspection that is not announced or noticed to the health facility. The department shall conduct a periodic inspection to inspect compliance with this section and regulations adopted pursuant to Section 1276.4 that is not announced in advance of the date of inspection.
(g)CA Health & Safety Code § 1279(g) Notwithstanding any other law, the department shall inspect the facility for compliance with provisions of state law and regulations during a state periodic inspection or at the same time as a federal periodic inspection, including, but not limited to, an inspection required under this section. If the department inspects for compliance with state law and regulations at the same time as a federal periodic inspection, the inspection shall be done consistent with the guidance of the federal Centers for Medicare and Medicaid Services for the federal portion of the inspection.
(h)CA Health & Safety Code § 1279(h) The department shall emphasize consistency across the state and its district offices when conducting licensing and certification surveys and complaint investigations, including the selection of state or federal enforcement remedies in accordance with Section 1423. The department may issue federal deficiencies and recommend federal enforcement actions in those circumstances where they provide more rigorous enforcement action.

Section § 1279.1

Explanation

This law requires certain health facilities to report any 'adverse events' to the health department within five days of detection, or within 24 hours if there is an urgent threat to patient or staff safety. An adverse event can include surgical mistakes, issues with medical devices or products, patient protection errors, care management issues, environmental incidents, and criminal activities. The law also mandates informing the affected patient, or their representative, about these events once reported. Additionally, it defines 'serious disability' and clarifies that it does not alter existing hospital reporting obligations for diseases or unusual occurrences.

(a)CA Health & Safety Code § 1279.1(a) A health facility licensed pursuant to subdivision (a), (b), or (f) of Section 1250 shall report an adverse event to the department no later than five days after the adverse event has been detected, or, if that event is an ongoing urgent or emergent threat to the welfare, health, or safety of patients, personnel, or visitors, not later than 24 hours after the adverse event has been detected. Disclosure of individually identifiable patient information shall be consistent with applicable law.
(b)CA Health & Safety Code § 1279.1(b) For purposes of this section, “adverse event” includes any of the following:
(1)CA Health & Safety Code § 1279.1(b)(1) Surgical events, including the following:
(A)CA Health & Safety Code § 1279.1(b)(1)(A) Surgery performed on a wrong body part that is inconsistent with the documented informed consent for that patient. A reportable event under this subparagraph does not include a situation requiring prompt action that occurs in the course of surgery or a situation that is so urgent as to preclude obtaining informed consent.
(B)CA Health & Safety Code § 1279.1(b)(1)(B) Surgery performed on the wrong patient.
(C)CA Health & Safety Code § 1279.1(b)(1)(C) The wrong surgical procedure performed on a patient, which is a surgical procedure performed on a patient that is inconsistent with the documented informed consent for that patient. A reportable event under this subparagraph does not include a situation requiring prompt action that occurs in the course of surgery, or a situation that is so urgent as to preclude the obtaining of informed consent.
(D)CA Health & Safety Code § 1279.1(b)(1)(D) Retention of a foreign object in a patient after surgery or other procedure, excluding objects intentionally implanted as part of a planned intervention and objects present prior to surgery that are intentionally retained.
(E)CA Health & Safety Code § 1279.1(b)(1)(E) Death during or up to 24 hours after induction of anesthesia after surgery of a normal, healthy patient who has no organic, physiologic, biochemical, or psychiatric disturbance and for whom the pathologic processes for which the operation is to be performed are localized and do not entail a systemic disturbance.
(2)CA Health & Safety Code § 1279.1(b)(2) Product or device events, including the following:
(A)CA Health & Safety Code § 1279.1(b)(2)(A) Patient death or serious disability associated with the use of a contaminated drug, device, or biologic provided by the health facility when the contamination is the result of generally detectable contaminants in the drug, device, or biologic, regardless of the source of the contamination or the product.
(B)CA Health & Safety Code § 1279.1(b)(2)(B) Patient death or serious disability associated with the use or function of a device in patient care in which the device is used or functions other than as intended. For purposes of this subparagraph, “device” includes, but is not limited to, a catheter, drain, or other specialized tube, infusion pump, or ventilator.
(C)CA Health & Safety Code § 1279.1(b)(2)(C) Patient death or serious disability associated with intravascular air embolism that occurs while being cared for in a facility, excluding deaths associated with neurosurgical procedures known to present a high risk of intravascular air embolism.
(3)CA Health & Safety Code § 1279.1(b)(3) Patient protection events, including the following:
(A)CA Health & Safety Code § 1279.1(b)(3)(A) An infant discharged to the wrong person.
(B)CA Health & Safety Code § 1279.1(b)(3)(B) Patient death or serious disability associated with patient disappearance for more than four hours, excluding events involving adults who have competency or decisionmaking capacity.
(C)CA Health & Safety Code § 1279.1(b)(3)(C) A patient suicide or attempted suicide resulting in serious disability while being cared for in a health facility due to patient actions after admission to the health facility, excluding deaths resulting from self-inflicted injuries that were the reason for admission to the health facility.
(4)CA Health & Safety Code § 1279.1(b)(4) Care management events, including the following:
(A)CA Health & Safety Code § 1279.1(b)(4)(A) A patient death or serious disability associated with a medication error, including, but not limited to, an error involving the wrong drug, the wrong dose, the wrong patient, the wrong time, the wrong rate, the wrong preparation, or the wrong route of administration, excluding reasonable differences in clinical judgment on drug selection and dose.
(B)CA Health & Safety Code § 1279.1(b)(4)(B) A patient death or serious disability associated with a hemolytic reaction due to the administration of ABO-incompatible blood or blood products.
(C)CA Health & Safety Code § 1279.1(b)(4)(C) Maternal death or serious disability associated with labor or delivery in a low-risk pregnancy while being cared for in a facility, including events that occur within 42 days postdelivery and excluding deaths from pulmonary or amniotic fluid embolism, acute fatty liver of pregnancy, or cardiomyopathy.
(D)CA Health & Safety Code § 1279.1(b)(4)(D) Patient death or serious disability directly related to hypoglycemia, the onset of which occurs while the patient is being cared for in a health facility.
(E)CA Health & Safety Code § 1279.1(b)(4)(E) Death or serious disability, including kernicterus, associated with failure to identify and treat hyperbilirubinemia in neonates during the first 28 days of life. For purposes of this subparagraph, “hyperbilirubinemia” means bilirubin levels greater than 30 milligrams per deciliter.
(F)CA Health & Safety Code § 1279.1(b)(4)(F) A Stage 3 or 4 ulcer, acquired after admission to a health facility, excluding progression from Stage 2 to Stage 3 if Stage 2 was recognized upon admission.
(G)CA Health & Safety Code § 1279.1(b)(4)(G) A patient death or serious disability due to spinal manipulative therapy performed at the health facility.
(5)CA Health & Safety Code § 1279.1(b)(5) Environmental events, including the following:
(A)CA Health & Safety Code § 1279.1(b)(5)(A) A patient death or serious disability associated with an electric shock while being cared for in a health facility, excluding events involving planned treatments, such as electric countershock.
(B)CA Health & Safety Code § 1279.1(b)(5)(B) Any incident in which a line designated for oxygen or other gas to be delivered to a patient contains the wrong gas or is contaminated by a toxic substance.
(C)CA Health & Safety Code § 1279.1(b)(5)(C) A patient death or serious disability associated with a burn incurred from any source while being cared for in a health facility.
(D)CA Health & Safety Code § 1279.1(b)(5)(D) A patient death associated with a fall while being cared for in a health facility.
(E)CA Health & Safety Code § 1279.1(b)(5)(E) A patient death or serious disability associated with the use of restraints or bedrails while being cared for in a health facility.
(6)CA Health & Safety Code § 1279.1(b)(6) Criminal events, including the following:
(A)CA Health & Safety Code § 1279.1(b)(6)(A) Any instance of care ordered by or provided by someone impersonating a physician, nurse, pharmacist, or other licensed health care provider.
(B)CA Health & Safety Code § 1279.1(b)(6)(B) The abduction of a patient of any age.
(C)CA Health & Safety Code § 1279.1(b)(6)(C) The sexual assault on a patient within or on the grounds of a health facility.
(D)CA Health & Safety Code § 1279.1(b)(6)(D) The death or significant injury of a patient or staff member resulting from a physical assault that occurs within or on the grounds of a facility.
(7)CA Health & Safety Code § 1279.1(b)(7) An adverse event or series of adverse events that cause the death or serious disability of a patient, personnel, or visitor.
(c)CA Health & Safety Code § 1279.1(c) The facility shall inform the patient or the party responsible for the patient of the adverse event by the time the report is made.
(d)CA Health & Safety Code § 1279.1(d) “Serious disability” means a physical or mental impairment that substantially limits one or more of the major life activities of an individual, or the loss of bodily function, if the impairment or loss lasts more than seven days or is still present at the time of discharge from an inpatient health care facility, or the loss of a body part.
(e)CA Health & Safety Code § 1279.1(e) Nothing in this section shall be interpreted to change or otherwise affect hospital reporting requirements regarding reportable diseases or unusual occurrences, as provided in Section 70737 of Title 22 of the California Code of Regulations. The department shall review Section 70737 of Title 22 of the California Code of Regulations requiring hospitals to report “unusual occurrences” and consider amending the section to enhance the clarity and specificity of this hospital reporting requirement.

Section § 1279.2

Explanation

This law outlines what the California Department of Health must do when they receive reports or complaints about potential dangers in health facilities. If there's a threat of imminent danger, they must inspect the facility within 48 hours, or two business days, and finish their investigation in 45 days. They need to conduct unannounced inspections at least once a year until the risk is resolved. If the threat isn't imminent, they have 45 days for the investigation. The department must communicate findings and any delays clearly, documenting reasons for not meeting deadlines. Costs for these activities come from fees paid by hospitals, and special considerations are given for small and rural hospitals. They also need to track and report on the investigations of adverse events.

(a)Copy CA Health & Safety Code § 1279.2(a)
(1)Copy CA Health & Safety Code § 1279.2(a)(1) In any case in which the department receives a report from a facility pursuant to Section 1279.1, or a written or oral complaint involving a health facility licensed pursuant to subdivision (a), (b), or (f) of Section 1250, that indicates an ongoing threat of imminent danger of death or serious bodily harm, the department shall make an onsite inspection or investigation within 48 hours or two business days, whichever is greater, of the receipt of the report or complaint and shall complete that investigation within 45 days.
(2)CA Health & Safety Code § 1279.2(a)(2) Until the department has determined by onsite inspection that the adverse event has been resolved, the department shall, not less than once a year, conduct an unannounced inspection of any health facility that has reported an adverse event pursuant to Section 1279.1.
(b)CA Health & Safety Code § 1279.2(b) In any case in which the department is able to determine from the information available to it that there is no threat of imminent danger of death or serious bodily harm to that patient or other patients, the department shall complete an investigation of the report within 45 days.
(c)CA Health & Safety Code § 1279.2(c) If the department does not meet the timeframes established in subdivision (a), the department shall document the extenuating circumstances explaining why it could not meet the timeframes. The department shall provide written notice to the facility and the complainant, if any, of the basis for the extenuating circumstances and the anticipated completion date.
(d)CA Health & Safety Code § 1279.2(d) The department shall notify the complainant and licensee in writing of the department’s determination as a result of an inspection or report.
(e)CA Health & Safety Code § 1279.2(e) For purposes of this section, “complaint” means any oral or written notice to the department, other than a report from the health facility, of an alleged violation of applicable requirements of state or federal law or an allegation of facts that might constitute a violation of applicable requirements of state or federal law.
(f)CA Health & Safety Code § 1279.2(f) The costs of administering and implementing this section shall be paid from funds derived from existing licensing fees paid by general acute care hospitals, acute psychiatric hospitals, and special hospitals.
(g)CA Health & Safety Code § 1279.2(g) In enforcing this section and Sections 1279 and 1279.1, the department shall take into account the special circumstances of small and rural hospitals, as defined in Section 124840, in order to protect the quality of patient care in those hospitals.
(h)CA Health & Safety Code § 1279.2(h) In preparing the staffing and systems analysis required pursuant to Section 1266, the department shall also report regarding the number and timeliness of investigations of adverse events initiated in response to reports of adverse events.

Section § 1279.3

Explanation

This law requires the California Department of Health to publicly share information about confirmed adverse events in healthcare facilities by specific deadlines. By January 1, 2015, this information should be available online and in written form, accessible to everyone while maintaining patient privacy. This sharing requirement also applied from 2009 until 2015, to empower consumers and entities like universities and health organizations to disseminate this data online.

The law mandates that the information shared must include details on each adverse event but must exclude the names of healthcare professionals. This aims to ensure transparency about healthcare quality and safety, helping consumers make informed choices.

(a)CA Health & Safety Code § 1279.3(a) By January 1, 2015, the department shall provide information regarding reports of substantiated adverse events pursuant to Section 1279.1 and the outcomes of inspections and investigations conducted pursuant to Section 1279.1, on the department’s Internet Web site and in written form in a manner that is readily accessible to consumers in all parts of California, and that protects patient confidentiality.
(b)CA Health & Safety Code § 1279.3(b) By January 1, 2009, and until January 1, 2015, the department shall make information regarding reports of substantiated adverse events pursuant to Section 1279.1, and outcomes of inspections and investigations conducted pursuant to Section 1279.1, readily accessible to consumers throughout California. The department shall also compile and make available, to entities deemed appropriate by the department, data regarding these reports of substantiated adverse events pursuant to Section 1279.1 and outcomes of inspections and investigations conducted pursuant to Section 1279.1, in order that these entities may post this data on their Internet Web sites. Entities deemed appropriate by the department shall enter into a memorandum of understanding with the department that requires the inclusion of all data and all hospital information provided by the department. These entities may include universities, consumer organizations, or health care quality organizations.
(c)CA Health & Safety Code § 1279.3(c) The information required pursuant to this section shall include, but not be limited to, information regarding each substantiated adverse event, as defined in Section 1279.1, reported to the department, and may include compliance information history. The names of the health care professionals and health care workers shall not be included in the information released by the department to the public.

Section § 1279.6

Explanation

This law requires health facilities in California to create and follow a patient safety plan aimed at improving patient health and safety while reducing avoidable incidents. The plan must be devised with input from a variety of health professionals within the facility.

The plan should include the following key elements: a patient safety committee involving diverse healthcare professionals, a system for anonymous reporting of safety events, and a team to analyze these events for underlying causes and disparities among different demographic groups. It mandates a focus on addressing racism and discrimination that impact patient care.

All facilities must submit their patient safety plans to a state department starting in 2026. The department can fine facilities for non-compliance and will make these plans publicly accessible online. The definition of patient safety events includes preventable adverse occurrences and healthcare-associated infections, as determined by federal guidelines.

(a)CA Health & Safety Code § 1279.6(a) A health facility, as defined in subdivision (a), (b), (c), or (f) of Section 1250, shall develop, implement, and comply with a patient safety plan for the purpose of improving the health and safety of patients and reducing preventable patient safety events. The patient safety plan shall be developed by the facility, in consultation with the facility’s various health care professionals.
(b)CA Health & Safety Code § 1279.6(b) The patient safety plan required pursuant to subdivision (a) shall, at a minimum, provide for the establishment of all of the following:
(1)CA Health & Safety Code § 1279.6(b)(1) A patient safety committee or equivalent committee in composition and function. The committee shall be composed of the facility’s various health care professionals, including, but not limited to, physicians, nurses, pharmacists, and administrators. The committee shall do all of the following:
(A)CA Health & Safety Code § 1279.6(b)(1)(A) Review and approve the patient safety plan.
(B)CA Health & Safety Code § 1279.6(b)(1)(B) Receive and review reports of patient safety events as defined in subdivision (c).
(C)CA Health & Safety Code § 1279.6(b)(1)(C) Monitor implementation of corrective actions for patient safety events.
(D)CA Health & Safety Code § 1279.6(b)(1)(D) Make recommendations to eliminate future patient safety events.
(E)CA Health & Safety Code § 1279.6(b)(1)(E) Review and revise the patient safety plan, at least once a year, but more often if necessary, to evaluate and update the plan, and to incorporate advancements in patient safety practices.
(2)CA Health & Safety Code § 1279.6(b)(2) A reporting system for patient safety events that allows anyone involved, including, but not limited to, health care practitioners, facility employees, patients, and visitors, to make a report of a patient safety event to the health facility, including anonymous reporting options.
(3)CA Health & Safety Code § 1279.6(b)(3) A process for a team of facility staff to conduct analyses, including, but not limited to, root cause analyses of patient safety events. The team shall be composed of the facility’s various categories of health care professionals, with the appropriate competencies to conduct the required analyses. The process shall also include analyses of patient safety events, including the following sociodemographic factors, to identify disparities in these events:
(A)CA Health & Safety Code § 1279.6(b)(3)(A) Age.
(B)CA Health & Safety Code § 1279.6(b)(3)(B) Race.
(C)CA Health & Safety Code § 1279.6(b)(3)(C) Ethnicity.
(D)CA Health & Safety Code § 1279.6(b)(3)(D) Gender identity.
(E)CA Health & Safety Code § 1279.6(b)(3)(E) Sexual orientation.
(F)CA Health & Safety Code § 1279.6(b)(3)(F) Preferred language spoken.
(G)CA Health & Safety Code § 1279.6(b)(3)(G) Disability status.
(H)CA Health & Safety Code § 1279.6(b)(3)(H) Payor.
(I)CA Health & Safety Code § 1279.6(b)(3)(I) Sex.
(4)CA Health & Safety Code § 1279.6(b)(4) For the purposes of paragraph (3), it is the intent of the Legislature that a health facility use the same stratification categories as developed and defined by the Department of Health Care Access and Information for purposes of Section 127372, which is part of the Medical Equity Disclosure Act (Article 3 (commencing with Section 127370) of Chapter 2 of Part 2 of Division 107). With respect to the information set forth in subparagraphs (D) and (E) of paragraph (3), a health facility shall only be required to disclose information that is voluntarily provided by the patient or client.
(5)CA Health & Safety Code § 1279.6(b)(5) A reporting process that supports and encourages a culture of safety and reporting patient safety events.
(6)CA Health & Safety Code § 1279.6(b)(6) A process for providing ongoing patient safety training for facility personnel and health care practitioners.
(7)CA Health & Safety Code § 1279.6(b)(7) A process for addressing racism and discrimination, and its impacts on patient health and safety, that includes, but is not limited to:
(A)CA Health & Safety Code § 1279.6(b)(7)(A) Monitoring sociodemographic disparities in patient safety events and developing interventions to remedy known disparities.
(B)CA Health & Safety Code § 1279.6(b)(7)(B) Encouraging facility staff to report suspected instances of racism and discrimination.
(c)CA Health & Safety Code § 1279.6(c) Commencing January 1, 2026, and biannually thereafter, health facilities shall submit patient safety plans to the department’s licensing and certification division.
(1)CA Health & Safety Code § 1279.6(c)(1) The department may impose a fine not to exceed five thousand dollars ($5,000) on health facilities for failure to adopt, update, or submit patient safety plans.
(2)CA Health & Safety Code § 1279.6(c)(2) The department may grant a health facility an automatic 60-day extension for submitting biannual patient safety plans.
(d)CA Health & Safety Code § 1279.6(d) The department shall make all patient safety plans submitted by health facilities available to the public on its internet website.
(e)CA Health & Safety Code § 1279.6(e) For the purposes of this section, patient safety events shall be defined by the patient safety plan and shall include, but not be limited to, all adverse events or potential adverse events as described in Section 1279.1 that are determined to be preventable, and health-care-associated infections (HAI), as defined in the federal Centers for Disease Control and Prevention’s National Healthcare Safety Network, or its successor, unless the department accepts the recommendation of the Healthcare Associated Infection Advisory Committee, or its successor, that are determined to be preventable.

Section § 1279.7

Explanation

This law requires health facilities to have a comprehensive hand hygiene program. Starting from specific dates, these facilities are prohibited from using incorrect types of connectors for epidural, intravenous, and enteral feeding lines to prevent misconnection errors, unless it's an emergency. The law details when each prohibition begins and mandates annual reports on connector design progress from a medical association. Health facilities must include prevention strategies for misconnection errors in their patient safety plans, although these requirements become inactive as the specific prohibitions take effect.

(a)CA Health & Safety Code § 1279.7(a) A health facility, as defined in subdivision (a), (b), (c), or (f) of Section 1250, shall implement a facilitywide hand hygiene program.
(b)CA Health & Safety Code § 1279.7(b) Commencing January 1, 2017, a health facility, as defined in subdivision (a), (b), (c), or (f) of Section 1250, is prohibited from using an epidural connector that would fit into a connector other than the type it was intended for, unless an emergency or urgent situation exists and the prohibition would impair the ability to provide health care.
(c)CA Health & Safety Code § 1279.7(c) Commencing January 1, 2016, a health facility, as defined in subdivision (a), (b), (c), or (f) of Section 1250, is prohibited from using an intravenous connector that would fit into a connector other than the type it was intended for, unless an emergency or urgent situation exists and the prohibition would impair the ability to provide health care.
(d)CA Health & Safety Code § 1279.7(d) Commencing July 1, 2016, a health facility, as defined in subdivision (a), (b), (c), or (f) of Section 1250, is prohibited from using an enteral feeding connector that would fit into a connector other than the type it was intended for, unless an emergency or urgent situation exists and the prohibition would impair the ability to provide health care.
(e)CA Health & Safety Code § 1279.7(e) The Advanced Medical Technology Association shall, on January 1 of each year until the standards are developed, provide the Legislature with a report on the progress of the International Organization for Standardization in developing new design standards for connectors for intravenous, epidural, or enteral applications.
(f)CA Health & Safety Code § 1279.7(f) A health facility that is required to develop a patient safety plan pursuant to Section 1279.6 shall include in the patient safety plan measures to prevent adverse events associated with misconnecting intravenous, enteral feeding, and epidural lines. This subdivision shall become inoperative as to epidural connectors upon the operative date of subdivision (b), and as to intravenous connectors upon the operative date of subdivision (c), and as to enteral feeding connectors upon the operative date of subdivision (d).

Section § 1279.8

Explanation

This law requires certain healthcare facilities to have a plan for notifying the appropriate parties when a patient goes missing. Specifically, the facility must let the patient's authorized representative know if the patient is missing, and must also contact local law enforcement under certain circumstances. This law does not apply to state hospitals if informing the representative would risk the safety and security of the hospital.

(a)CA Health & Safety Code § 1279.8(a) Every health facility, as defined in subdivision (c), (d), (e), (g), (h), (i), or (m) of Section 1250, shall, for the purpose of addressing issues that arise when a patient is missing from the facility, develop and comply with an absentee notification plan as part of the written plans and procedures that are required pursuant to federal or state law. The plan shall include and be limited to the following: a requirement that an administrator of the facility, or his or her designee, inform the patient’s authorized representative when that patient is missing from the facility and the circumstances in which an administrator of the facility, or his or her designee, shall notify local law enforcement when a patient is missing from the facility.
(b)CA Health & Safety Code § 1279.8(b) This section shall not apply to state hospitals under the jurisdiction of the State Department of State Hospitals when the executive director of the state hospital, or his or her designee, determines that informing the patient’s authorized representative that a patient is missing will create a risk to the safety and security of the state hospital.

Section § 1280

Explanation

This law lets the state department help health facilities improve care by offering consulting services. If a facility isn't following rules, it must agree on a correction plan with the state. If the facility fails to fix issues in a reasonable time, its license may be revoked or suspended.

If a health facility poses a serious health risk and can't agree on a correction plan, the state can enforce one. Facilities can appeal orders if they disagree with the plan or the severity of the issue. Certain urgent conditions can lead the state to reduce patient numbers or close dangerous units.

Inspection reports must be filed and may recommend future inspections. These reports and correction plans are available to the public unless prior to 1994. Proposing or carrying out a correction plan isn't considered an admission of fault in legal cases.

(a)CA Health & Safety Code § 1280(a)  The state department may provide consulting services upon request to any health facility to assist in the identification or correction of deficiencies or the upgrading of the quality of care provided by the health facility.
(b)CA Health & Safety Code § 1280(b)  The state department shall notify the health facility of all deficiencies in its compliance with this chapter and the rules and regulations adopted hereunder, and the health facility shall agree with the state department upon a plan of correction that shall give the health facility a reasonable time to correct these deficiencies. If at the end of the allotted time, as revealed by inspection, the health facility has failed to correct the deficiencies, the director may take action to revoke or suspend the license.
(c)Copy CA Health & Safety Code § 1280(c)
(1)Copy CA Health & Safety Code § 1280(c)(1)  In addition to subdivision (a), if the health facility is licensed under subdivision (a), (b), or (f) of Section 1250, and if the facility fails to implement a plan of correction that has been agreed upon by both the facility and the state department within a reasonable time, the state department may order implementation of the plan of correction previously agreed upon by the facility and the state department. If the facility and the state department fail to agree upon a plan of correction within a reasonable time and if the deficiency poses an immediate and substantial hazard to the health or safety of patients, then the director may take action to order implementation of a plan of correction devised by the state department. The order shall be in writing and shall contain a statement of the reasons for the order. If the facility does not agree that the deficiency poses an immediate and substantial hazard to the health or safety of patients or if the facility believes that the plan of correction will not correct the hazard, or if the facility proposes a more efficient or effective means of remedying the deficiency, the facility may, within 10 days of receiving the plan of correction from the department, appeal the order to the director. The director shall review information provided by the facility, the department, and other affected parties and within a reasonable time render a decision in writing that shall include a statement of reasons for the order. During the period which the director is reviewing the appeal, the order to implement the plan of correction shall be stayed. The opportunity for appeal provided pursuant to this subdivision shall not be deemed to be an adjudicative hearing and is not required to comply with Section 100171.
(2)CA Health & Safety Code § 1280(c)(2)  If any condition within a health facility licensed under subdivision (a), (b), or (f) of Section 1250 poses an immediate and substantial hazard to the health or safety of patients, the state department may order either of the following until the hazardous condition is corrected:
(A)CA Health & Safety Code § 1280(c)(2)(A)  Reduction in the number of patients.
(B)CA Health & Safety Code § 1280(c)(2)(B)  Closure of the unit or units within the facility that pose the risk. If the unit to be closed is an emergency room in a designated facility, as defined in Section 1797.67, the state department shall notify and coordinate with the local emergency medical services agency.
(3)CA Health & Safety Code § 1280(c)(3)  The facility may appeal an order pursuant to paragraph (2) by appealing to the superior court of the county in which the facility is located.
(4)CA Health & Safety Code § 1280(c)(4)  Paragraph (2) shall not apply to a deficiency for which the facility was cited prior to January 1, 1994.
(d)CA Health & Safety Code § 1280(d)  Reports on the results of each inspection of a health facility shall be prepared by the inspector or inspector team and shall be kept on file in the state department along with the plan of correction and health facility comments. The inspection report may include a recommendation for reinspection. Inspection reports of an intermediate care facility/developmentally disabled habilitative or an intermediate care facility/developmentally disabled—nursing shall be provided by the state department to the appropriate regional center pursuant to Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code.
(e)CA Health & Safety Code § 1280(e)  All inspection reports and lists of deficiencies shall be open to public inspection when the state department has received verification that the health facility has received the report from the state department. All plans of correction shall be open to public inspection upon receipt by the state department.
(f)CA Health & Safety Code § 1280(f)  In no event shall the act of providing a plan of correction, the content of the plan of correction, or the execution of a plan of correction, be used in any legal action or administrative proceeding as an admission within the meaning of Sections 1220 to 1227, inclusive, of the Evidence Code against the health facility, its licensee, or its personnel.

Section § 1280.1

Explanation

This law allows the California Department of Public Health to fine health facilities for violations that put patients in serious danger. Before certain regulations are adopted, the penalty can be up to $25,000 per violation. However, for incidents occurring from 2009 onwards, the fines range from $50,000 to $100,000 depending on the number of previous penalties. Facilities can contest these fines within 10 days, and they must pay the penalties once all appeals are resolved. Immediate jeopardy refers to situations where noncompliance might cause harm or death to a patient. This law also takes into account the unique positions of small and rural hospitals to ensure they can continue providing quality care.

(a)CA Health & Safety Code § 1280.1(a) Subject to subdivision (d), prior to the effective date of regulations adopted to implement Section 1280.3, if a licensee of a health facility licensed under subdivision (a), (b), or (f) of Section 1250 receives a notice of deficiency constituting an immediate jeopardy to the health or safety of a patient and is required to submit a plan of correction, the department may assess the licensee an administrative penalty in an amount not to exceed twenty-five thousand dollars ($25,000) per violation.
(b)CA Health & Safety Code § 1280.1(b) If the licensee disputes a determination by the department regarding the alleged deficiency or the alleged failure to correct a deficiency, or regarding the reasonableness of the proposed deadline for correction or the amount of the penalty, the licensee may, within 10 days, request a hearing pursuant to Section 131071. Penalties shall be paid when appeals have been exhausted and the department’s position has been upheld.
(c)CA Health & Safety Code § 1280.1(c) For purposes of this section “immediate jeopardy” means a situation in which the licensee’s noncompliance with one or more requirements of licensure has caused, or is likely to cause, serious injury or death to the patient.
(d)CA Health & Safety Code § 1280.1(d) This section shall apply only to incidents occurring on or after January 1, 2007. With respect to incidents occurring on or after January 1, 2009, the amount of the administrative penalties assessed under subdivision (a) shall be up to one hundred thousand dollars ($100,000) per violation. With respect to incidents occurring on or after January 1, 2009, the amount of the administrative penalties assessed under subdivision (a) shall be up to fifty thousand dollars ($50,000) for the first administrative penalty, up to seventy-five thousand dollars ($75,000) for the second subsequent administrative penalty, and up to one hundred thousand dollars ($100,000) for the third and every subsequent violation. An administrative penalty issued after three years from the date of the last issued immediate jeopardy violation shall be considered a first administrative penalty so long as the facility has not received additional immediate jeopardy violations and is found by the department to be in substantial compliance with all state and federal licensing laws and regulations. The department shall have full discretion to consider all factors when determining the amount of an administrative penalty pursuant to this section.
(e)CA Health & Safety Code § 1280.1(e) No new regulations are required or authorized for implementation of this section.
(f)CA Health & Safety Code § 1280.1(f) This section shall become inoperative on the effective date of regulations promulgated by the department pursuant to Section 1280.3.
(g)CA Health & Safety Code § 1280.1(g) In enforcing this section, the department shall take into consideration the special circumstances of small and rural hospitals, as defined in Section 124840, in order to protect access to quality care in those hospitals.

Section § 1280.2

Explanation

This law states that hospitals won't be penalized for not meeting certain building code standards if their buildings were approved before January 1, 1994. Also, the law doesn't require older hospital buildings from before 1994 to upgrade to meet current earthquake safety standards.

(a)CA Health & Safety Code § 1280.2(a)  No deficiency cited pursuant to paragraph (2) of subdivision (b) of Section 1280 or Section 1280.1 shall be for the failure of a facility to meet the requirements of the California Building Standards Code if, as of January 1, 1994, the hospital building was approved under Chapter 12.5 (commencing with Section 15000) of Division 12.5, or if the hospital building was exempt from that approval under any other provision of law in effect on that date.
(b)CA Health & Safety Code § 1280.2(b)  It is the intent of the Legislature that neither the amendments made to Section 1280 by the act that added this section, nor Section 1280.1 shall be construed to require the retrofitting of hospital buildings built prior to January 1, 1994, to meet seismic standards in effect on that date.

Section § 1280.3

Explanation

This law allows the director to impose fines on certain health facilities for violations that pose immediate risk to patients, with penalties ranging from $75,000 for the first violation to $125,000 for subsequent ones. If a violation occurs more than three years after the last one, it's considered a new first violation if the facility is otherwise compliant. Lesser violations can incur fines up to $25,000. The criteria for penalties consider factors like patient harm, facility history, and response to violations.

The law also covers staffing violations, with specific rules for acute care hospitals that might face penalties unless they show efforts to resolve uncontrollable and unpredictable staffing issues. There's a special emphasis on not penalizing minor violations unnecessarily and adjusting considerations for small and rural hospitals. Facilities can dispute penalties through a hearing, and penalties are finalized after all appeals.

'Immediate jeopardy' is defined as situations where non-compliance could cause serious injury or death.

(a)CA Health & Safety Code § 1280.3(a) Commencing on the effective date of the regulations adopted pursuant to this section, the director may assess an administrative penalty against a licensee of a health facility licensed under subdivision (a), (b), or (f) of Section 1250 for a deficiency constituting an immediate jeopardy violation as determined by the department up to a maximum of seventy-five thousand dollars ($75,000) for the first administrative penalty, up to one hundred thousand dollars ($100,000) for the second subsequent administrative penalty, and up to one hundred twenty-five thousand dollars ($125,000) for the third and every subsequent violation. An administrative penalty issued after three years from the date of the last issued immediate jeopardy violation shall be considered a first administrative penalty so long as the facility has not received additional immediate jeopardy violations and is found by the department to be in substantial compliance with all state and federal licensing laws and regulations. The department shall have full discretion to consider all factors when determining the amount of an administrative penalty pursuant to this section.
(b)CA Health & Safety Code § 1280.3(b) Except as provided in subdivision (c), for a violation of this chapter or the rules and regulations promulgated thereunder that does not constitute a violation of subdivision (a), the department may assess an administrative penalty in an amount of up to twenty-five thousand dollars ($25,000) per violation. This subdivision shall also apply to violation of regulations set forth in Article 1 (commencing with Section 127400) of Chapter 2.5 of Part 2 of Division 107 or the rules and regulations promulgated thereunder.
The department shall promulgate regulations establishing the criteria to assess an administrative penalty against a health facility licensed pursuant to subdivision (a), (b), or (f) of Section 1250. The criteria shall include, but need not be limited to, the following:
(1)CA Health & Safety Code § 1280.3(1) The patient’s physical and mental condition.
(2)CA Health & Safety Code § 1280.3(2) The probability and severity of the risk that the violation presents to the patient.
(3)CA Health & Safety Code § 1280.3(3) The actual financial harm to patients, if any.
(4)CA Health & Safety Code § 1280.3(4) The nature, scope, and severity of the violation.
(5)CA Health & Safety Code § 1280.3(5) The facility’s history of compliance with related state and federal statutes and regulations.
(6)CA Health & Safety Code § 1280.3(6) Factors beyond the facility’s control that restrict the facility’s ability to comply with this chapter or the rules and regulations promulgated thereunder.
(7)CA Health & Safety Code § 1280.3(7) The demonstrated willfulness of the violation.
(8)CA Health & Safety Code § 1280.3(8) The extent to which the facility detected the violation and took steps to immediately correct the violation and prevent the violation from recurring.
(c)CA Health & Safety Code § 1280.3(c) The department shall not assess an administrative penalty for minor violations.
(d)CA Health & Safety Code § 1280.3(d) The regulations shall not change the definition of immediate jeopardy as established in this section.
(e)CA Health & Safety Code § 1280.3(e) The regulations shall apply only to incidents occurring on or after the effective date of the regulations.
(f)Copy CA Health & Safety Code § 1280.3(f)
(1)Copy CA Health & Safety Code § 1280.3(f)(1) Notwithstanding subdivision (a), if the department determines that a health facility licensed under subdivision (a), (b), or (f) of Section 1250 has violated a regulation adopted pursuant to Section 1276.4, the department shall assess an administrative penalty of fifteen thousand dollars ($15,000) for the first violation and thirty thousand dollars ($30,000) for the second and each subsequent violation. For purposes of this subdivision, multiple violations found on the same inspection survey shall constitute a single violation for purposes of determining whether the violation was a first, second, or subsequent violation.
(2)CA Health & Safety Code § 1280.3(f)(2) A violation occurring more than three years after the date of the last violation shall be treated as a first violation.
(3)CA Health & Safety Code § 1280.3(f)(3) Notwithstanding any other law, the department may, without taking any regulatory actions pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, implement, interpret, or make specific this subdivision by means of an All Facilities Letter (AFL) or similar instruction.
(4)Copy CA Health & Safety Code § 1280.3(f)(4)
(A)Copy CA Health & Safety Code § 1280.3(f)(4)(A) Notwithstanding paragraph (1), a general acute care hospital shall not be subject to an administrative penalty under that paragraph if the hospital demonstrates to the satisfaction of the department all of the following:
(i)CA Health & Safety Code § 1280.3(f)(4)(A)(i) That any fluctuation in required staffing levels was unpredictable and uncontrollable.
(ii)CA Health & Safety Code § 1280.3(f)(4)(A)(ii) Prompt efforts were made to maintain required staffing levels.
(iii)CA Health & Safety Code § 1280.3(f)(4)(A)(iii) In making those efforts, the hospital immediately used and subsequently exhausted the hospital’s on-call list of nurses and the charge nurse.
(B)CA Health & Safety Code § 1280.3(f)(4)(A)(B) Nothing in this paragraph shall be construed to affect the obligation of a general acute care hospital to maintain proper staffing levels as prescribed in Section 70217 of Title 22 of the California Code of Regulations.
(5)CA Health & Safety Code § 1280.3(f)(5) Nothing in this section prohibits the department from issuing an administrative penalty for a staffing violation pursuant to this section and an administrative penalty for any resulting harm pursuant to subdivision (a).
(g)CA Health & Safety Code § 1280.3(g) If the licensee disputes a determination by the department regarding the alleged deficiency or alleged failure to correct a deficiency, or regarding the reasonableness of the proposed deadline for correction or the amount of the penalty, the licensee may, within 10 working days, request a hearing pursuant to Section 131071. Penalties shall be paid when all appeals have been exhausted and the department’s position has been upheld.
(h)CA Health & Safety Code § 1280.3(h) For purposes of this section, “immediate jeopardy” means a situation in which the licensee’s noncompliance with one or more requirements of licensure has caused, or is likely to cause, serious injury or death to the patient.
(i)CA Health & Safety Code § 1280.3(i) In enforcing subdivision (a) and paragraph (1) of subdivision (f), the department shall take into consideration the special circumstances of small and rural hospitals, as defined in Section 124840, in order to protect access to quality care in those hospitals.

Section § 1280.4

Explanation

This law states that if a healthcare facility in California fails to report an adverse event within the required timeframes, they can be fined $100 for each day the report is late. Facilities have five days or, in some cases, 24 hours to make these reports. If they don't immediately report certain serious incidents to law enforcement, they face the same $100 daily fine. If a facility disputes a penalty, they can request a hearing within 10 days, but they must pay the fine if they lose the appeal.

(a)CA Health & Safety Code § 1280.4(a) If a licensee of a health facility licensed under subdivision (a), (b), or (f) of Section 1250 fails to report an adverse event pursuant to Section 1279.1, the department may assess the licensee a civil penalty in an amount not to exceed one hundred dollars ($100) for each day that the adverse event is not reported following the initial five-day period or 24-hour period, as applicable, pursuant to subdivision (a) of Section 1279.1.
(b)CA Health & Safety Code § 1280.4(b) If a licensee of a health facility licensed under subdivision (a) or (b) of Section 1250 is required to, and fails to, immediately report an incident under subdivision (a) of Section 4427.5 of the Welfare and Institutions Code, the department may assess the licensee a civil penalty in the amount not to exceed one hundred dollars ($100) for each day that the incident was not reported to law enforcement.
(c)CA Health & Safety Code § 1280.4(c) If a licensee disputes a determination by the department regarding an alleged failure to report as described in this section, the licensee may, within 10 days, request a hearing pursuant to Section 131071. Penalties shall be paid when appeals pursuant to those provisions have been exhausted.

Section § 1280.5

Explanation

If a health facility or its administrator disagrees with the results after an inspection, they have the right to file a written appeal. The state's health department is responsible for reviewing and resolving these appeals.

The state department shall accept, consider, and resolve written appeals by a licensee or health facility administrator of findings made upon the inspection of a health facility.

Section § 1280.6

Explanation

This law says that when assessing fines on nonprofit health facilities related to the same incident that also led to fines from the Department of Managed Health Care, the director must consider the previous penalty. Essentially, if a nonprofit hospital and its connected health care plan both face fines for the same issue, the fine for the hospital should reflect the fine already given to the health care plan to avoid double punishment.

In assessing an administrative penalty pursuant to Section 1280.1 or Section 1280.3 against a licensee of a health facility licensed under subdivision (a) of Section 1250 owned by a nonprofit corporation that shares an identical board of directors with a nonprofit health care service plan licensed pursuant to Chapter 2.2 (commencing with Section 1340), the director shall consider whether the deficiency arises from an incident that is the subject of investigation of, or has resulted in a fine to, the health care service plan by the Department of Managed Health Care. If the deficiency results from the same incident, the director shall limit the administrative penalty to take into consideration the penalty imposed by the Department of Managed Health Care.

Section § 1280.15

Explanation

This law requires clinics, health facilities, home health agencies, and hospices to protect patients' medical information from unlawful access or disclosure. If a breach occurs, they must report it to the department within 15 business days and inform the affected patient. Penalties apply if they fail to do so, but exceptions are made for law enforcement requests, allowing delays in patient notifications to avoid hindering investigations. Each report of unauthorized access can result in hefty fines, but total penalties are capped at a certain amount. If a violation is confirmed, the facility may opt to pay a reduced penalty instead of disputing it. Finally, penalties collected help fund quality improvement activities.

(a)CA Health & Safety Code § 1280.15(a) A clinic, health facility, home health agency, or hospice licensed pursuant to Section 1204, 1250, 1725, or 1745 shall prevent unlawful or unauthorized access to, and use or disclosure of, patients’ medical information, as defined in Section 56.05 of the Civil Code and consistent with Section 1280.18. For purposes of this section, internal paper records, electronic mail, or facsimile transmissions inadvertently misdirected within the same facility or health care system within the course of coordinating care or delivering services shall not constitute unauthorized access to, or use or disclosure of, a patient’s medical information. The department, after investigation, may assess an administrative penalty for a violation of this section of up to twenty-five thousand dollars ($25,000) per patient whose medical information was unlawfully or without authorization accessed, used, or disclosed, and up to seventeen thousand five hundred dollars ($17,500) per subsequent occurrence of unlawful or unauthorized access, use, or disclosure of that patient’s medical information. For purposes of the investigation, the department shall consider the clinic’s, health facility’s, agency’s, or hospice’s history of compliance with this section and other related state and federal statutes and regulations, the extent to which the facility detected violations and took preventative action to immediately correct and prevent past violations from recurring, and factors outside its control that restricted the facility’s ability to comply with this section. The department shall have full discretion to consider all factors when determining whether to investigate and the amount of an administrative penalty, if any, pursuant to this section.
(b)Copy CA Health & Safety Code § 1280.15(b)
(1)Copy CA Health & Safety Code § 1280.15(b)(1) A clinic, health facility, home health agency, or hospice to which subdivision (a) applies shall report any unlawful or unauthorized access to, or use or disclosure of, a patient’s medical information to the department no later than 15 business days after the unlawful or unauthorized access, use, or disclosure has been detected by the clinic, health facility, home health agency, or hospice.
(2)CA Health & Safety Code § 1280.15(b)(2) Subject to subdivision (c), a clinic, health facility, home health agency, or hospice shall also report any unlawful or unauthorized access to, or use or disclosure of, a patient’s medical information to the affected patient or the patient’s representative at the last known address, or by an alternative means or at an alternative location as specified by the patient or the patient’s representative in writing pursuant to Section 164.522(b) of Title 45 of the Code of Federal Regulations, no later than 15 business days after the unlawful or unauthorized access, use, or disclosure has been detected by the clinic, health facility, home health agency, or hospice. Notice may be provided by email only if the patient has previously agreed in writing to electronic notice by email.
(c)Copy CA Health & Safety Code § 1280.15(c)
(1)Copy CA Health & Safety Code § 1280.15(c)(1) A clinic, health facility, home health agency, or hospice shall delay the reporting, as required pursuant to paragraph (2) of subdivision (b), of any unlawful or unauthorized access to, or use or disclosure of, a patient’s medical information beyond 15 business days if a law enforcement agency or official provides the clinic, health facility, home health agency, or hospice with a written or oral statement that compliance with the reporting requirements of paragraph (2) of subdivision (b) would likely impede the law enforcement agency’s investigation that relates to the unlawful or unauthorized access to, and use or disclosure of, a patient’s medical information and specifies a date upon which the delay shall end, not to exceed 60 days after a written request is made, or 30 days after an oral request is made. A law enforcement agency or official may request an extension of a delay based upon a written declaration that there exists a bona fide, ongoing, significant criminal investigation of serious wrongdoing relating to the unlawful or unauthorized access to, and use or disclosure of, a patient’s medical information, that notification of patients will undermine the law enforcement agency’s investigation, and that specifies a date upon which the delay shall end, not to exceed 60 days after the end of the original delay period.
(2)CA Health & Safety Code § 1280.15(c)(2) If the statement of the law enforcement agency or official is made orally, then the clinic, health facility, home health agency, or hospice shall do both of the following:
(A)CA Health & Safety Code § 1280.15(c)(2)(A) Document the oral statement, including, but not limited to, the identity of the law enforcement agency or official making the oral statement and the date upon which the oral statement was made.
(B)CA Health & Safety Code § 1280.15(c)(2)(B) Limit the delay in reporting the unlawful or unauthorized access to, or use or disclosure of, the patient’s medical information to the date specified in the oral statement, not to exceed 30 calendar days from the date that the oral statement is made, unless a written statement that complies with the requirements of this subdivision is received during that time.
(3)CA Health & Safety Code § 1280.15(c)(3) A clinic, health facility, home health agency, or hospice shall submit a report that is delayed pursuant to this subdivision not later than 15 business days after the date designated as the end of the delay.
(d)CA Health & Safety Code § 1280.15(d) If a clinic, health facility, home health agency, or hospice to which subdivision (a) applies violates subdivision (b), the department may assess the licensee a penalty in the amount of one hundred dollars ($100) for each day that the unlawful or unauthorized access, use, or disclosure is not reported to the department or the affected patient, following the initial 15-day period specified in subdivision (b). However, the total combined penalty assessed by the department under subdivision (a) and this subdivision shall not exceed two hundred fifty thousand dollars ($250,000) per reported event. For enforcement purposes, it shall be presumed that the facility did not notify the affected patient if the notification was not documented. This presumption may be rebutted by a licensee only if the licensee demonstrates, by a preponderance of the evidence, that the notification was made.
(e)CA Health & Safety Code § 1280.15(e) In enforcing subdivisions (a) and (d), the department shall take into consideration the special circumstances of small and rural hospitals, as defined in Section 124840, and primary care clinics, as defined in subdivision (a) of Section 1204, in order to protect access to quality care in those hospitals and clinics. When assessing a penalty on a skilled nursing facility or other facility subject to Section 1423, 1424, 1424.1, or 1424.5, the department shall issue only the higher of either a penalty for the violation of this section or a penalty for violation of Section 1423, 1424, 1424.1, or 1424.5, not both.
(f)CA Health & Safety Code § 1280.15(f) All penalties collected by the department pursuant to this section, Sections 1280.1, 1280.3, 1280.4, and 1280.19, shall be deposited into the Internal Departmental Quality Improvement Account, which is hereby established in the State Treasury. Notwithstanding Section 16305.7 of the Government Code, all interest earned on the moneys deposited into the account shall be retained in the account. Upon appropriation by the Legislature, moneys in the account shall be expended for internal quality improvement activities in the Licensing and Certification Program.
(g)CA Health & Safety Code § 1280.15(g) If the licensee disputes a determination by the department regarding a failure to prevent or failure to timely report unlawful or unauthorized access to, or use or disclosure of, patients’ medical information, or the imposition of a penalty under this section, the licensee may, within 10 days of receipt of the penalty assessment, request a hearing pursuant to Section 131071. Penalties shall be paid when appeals have been exhausted and the penalty has been upheld.
(h)CA Health & Safety Code § 1280.15(h) In lieu of disputing the determination of the department regarding a failure to prevent or failure to timely report unlawful or unauthorized access to, or use or disclosure of, patients’ medical information, transmit to the department 75 percent of the total amount of the administrative penalty, for each violation, within 30 business days of receipt of the administrative penalty.
(i)CA Health & Safety Code § 1280.15(i) For purposes of this section, the following definitions shall apply:
(1)CA Health & Safety Code § 1280.15(i)(1) “Reported event” means all breaches included in any single report that is made pursuant to subdivision (b), regardless of the number of breach events contained in the report.
(2)CA Health & Safety Code § 1280.15(i)(2) “Unauthorized” means the inappropriate access, review, or viewing of patient medical information without a direct need for medical diagnosis, treatment, or other lawful use as permitted by the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code) or any other statute or regulation governing the lawful access, use, or disclosure of medical information.
(j)CA Health & Safety Code § 1280.15(j) Notwithstanding any other provision of law, the State Controller may use the funds in the Internal Departmental Quality Improvement Account for cash flow loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code.

Section § 1280.16

Explanation

This section defines important terms used in related laws. It includes definitions for 'Department' as the State Department of Public Health, 'Director' as the State Public Health Officer, 'Medical information' as defined in another law, and 'Provider of health care' as defined elsewhere in California law.

'Unauthorized access' is explained as looking at someone's medical information without needing it for diagnosis, treatment, or other approved reasons allowed by the Confidentiality of Medical Information Act or related laws.

For purposes of Sections 1280.17, 1280.18, 1280.19, and 1280.20, the following definitions apply:
(a)CA Health & Safety Code § 1280.16(a) “Department” means the State Department of Public Health.
(b)CA Health & Safety Code § 1280.16(b) “Director” means the State Public Health Officer.
(c)CA Health & Safety Code § 1280.16(c) “Medical information” means the term as defined in Section 56.05 of the Civil Code.
(d)CA Health & Safety Code § 1280.16(d) “Provider of health care” means the term as defined in Sections 56.05 and 56.06 of the Civil Code.
(e)CA Health & Safety Code § 1280.16(e) “Unauthorized access” means the inappropriate review or viewing of patient medical information without a direct need for diagnosis, treatment, or other lawful use as permitted by the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code) or by other statutes or regulations governing the lawful access, use, or disclosure of medical information.

Section § 1280.17

Explanation

This section details how the department can issue fines to any person or healthcare provider for breaking specific privacy laws related to health information. However, these rules do not apply to certain facilities like clinics, hospitals, agencies, or hospices that are specifically licensed under other sections. The department is also required to set or update regulations to effectively enforce these rules and ensure they align with related laws.

(a)Copy CA Health & Safety Code § 1280.17(a)
(1)Copy CA Health & Safety Code § 1280.17(a)(1)  The department may assess an administrative fine against any person or any provider of health care, whether licensed or unlicensed, for any violation of Section 1280.18 of this code or Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code in an amount as provided in Section 56.36 of the Civil Code. Proceedings against any person or entity for a violation of this section shall be held in accordance with administrative adjudication provisions of Chapter 4.5 (commencing with Section 11400) and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(2)CA Health & Safety Code § 1280.17(a)(2) Paragraph (1) shall not apply to a clinic, health facility, agency, or hospice licensed pursuant to Section 1204, 1250, 1725, or 1745.
(b)CA Health & Safety Code § 1280.17(b) The department shall adopt, amend, or repeal, in accordance with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, rules and regulations as may be reasonable and proper to carry out the purposes and intent of Sections 1280.18, 1280.19, and 1280.20, and to enable the authority to exercise the powers and perform the duties conferred upon it by those sections not inconsistent with any other provision of law.

Section § 1280.18

Explanation

This law requires healthcare providers to set up safeguards to protect patient medical information from unauthorized access, use, or disclosure. Providers must implement effective administrative, technical, and physical measures to ensure privacy.

The law also outlines how the department should evaluate a provider's capability and history of compliance when monitoring their adherence to these privacy requirements. It takes into account the provider's efforts to detect and correct any violations, as well as any external factors that might affect compliance.

Additionally, the department is allowed to perform joint investigations into individuals and health facilities to ensure compliance with privacy regulations related to medical information.

(a)CA Health & Safety Code § 1280.18(a) Every provider of health care shall establish and implement appropriate administrative, technical, and physical safeguards to protect the privacy of a patient’s medical information. Every provider of health care shall reasonably safeguard confidential medical information from any unauthorized access or unlawful access, use, or disclosure.
(b)CA Health & Safety Code § 1280.18(b) In exercising its duties pursuant to Section 1280.17, the department shall consider the provider’s capability, complexity, size, and history of compliance with this section and other related state and federal statutes and regulations, the extent to which the provider detected violations and took steps to immediately correct and prevent past violations from reoccurring, and factors beyond the provider’s immediate control that restricted the facility’s ability to comply with this section.
(c)CA Health & Safety Code § 1280.18(c) The department may conduct joint investigations of individuals and health facilities for violations of this section and Section 1280.15, respectively.

Section § 1280.19

Explanation

As of July 1, 2025, the Internal Health Information Integrity Quality Improvement Account will be eliminated. The money and responsibilities from this account will be transferred to the Internal Departmental Quality Improvement Account. This new account will also receive funds from administrative fines related to privacy breaches. The money in this account, including any interest earned, will be used for quality improvement activities within the Licensing and Certification Program. Additionally, the State Controller can temporarily use these funds for cash flow purposes, as needed, to support the state's General Fund.

(a)CA Health & Safety Code § 1280.19(a) Effective July 1, 2025, the Internal Health Information Integrity Quality Improvement Account is hereby abolished. All moneys in the fund shall be transferred to the Internal Departmental Quality Improvement Account created pursuant to subdivision (f) of Section 1280.15. Any remaining balance, assets, liabilities, and encumbrances of the Internal Health Information Integrity Quality Improvement Account as of July 1, 2025, shall be transferred to, and become part of, the Internal Departmental Quality Improvement Account. All administrative fines assessed by the department pursuant to Section 56.36 of the Civil Code shall be deposited into the Internal Departmental Quality Improvement Account. Notwithstanding Section 16305.7 of the Government Code, all interest earned on the moneys deposited in the account shall be retained in the account. Upon appropriation by the Legislature, moneys in the account shall be used for the purpose of supporting quality improvement activities in the Licensing and Certification Program.
(b)CA Health & Safety Code § 1280.19(b) Notwithstanding any other provision of law, the State Controller may use the funds in the Internal Departmental Quality Improvement Account for cash flow loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code.

Section § 1280.20

Explanation

This law allows a director to recommend an investigation or disciplinary action if they suspect a health care provider has violated licensing rules. This recommendation must include all the evidence the director collected. The evidence is considered part of an investigative communication and is protected by confidentiality rules. The health care provider's licensing authority must review the evidence and can decide to investigate further or discipline the provider.

Notwithstanding any other law, the director may send a recommendation for further investigation of, or discipline for, a potential violation of the licensee’s relevant licensing authority. The recommendation shall include all documentary evidence collected by the director in evaluating whether or not to make that recommendation. The recommendation and accompanying evidence shall be deemed in the nature of an investigative communication and be protected by the provisions listed in Section 7920.505 of the Government Code. The licensing authority of the provider of health care shall review all evidence submitted by the director and may take action for further investigation or discipline of the licensee.

Section § 1281

Explanation

This law mandates that all hospitals, whether public or private, must follow specific standards for treating victims of sexual assault, including children. These standards cover both how to care for the victims and how to properly handle evidence for legal purposes, as outlined in other sections of the Penal Code. If a hospital cannot meet these standards, it must have a plan to quickly send victims to a nearby hospital that does. Additionally, hospitals must inform local authorities and victim support services if they adopt a referral system.

All public and private general acute care hospitals either shall comply with the standards for the examination and treatment of victims of sexual assault and attempted sexual assault, including child sexual abuse, and the collection and preservation of evidence therefrom, specified in Section 13823.11 of the Penal Code, and the protocol and guidelines therefor established pursuant to Section 13823.5 of the Penal Code, or they shall adopt a protocol for the immediate referral of these victims to a local hospital that so complies, and shall notify local law enforcement agencies, the district attorney, and local victim assistance agencies of the adoption of the referral protocol.

Section § 1281.5

Explanation

General acute care hospitals with emergency departments must create policies to help patients identify themselves as victims of human trafficking or domestic violence. These policies must ensure patient confidentiality, provide a discreet way for patients to inform staff, and facilitate private interviews where patients can refuse to participate.

Hospitals must give information about local victim services and use trauma-informed care principles. Hospitals are not required to report patient identities to authorities except as law requires, and may collect data on these self-identifications. Staff are protected from liability unless they act with gross negligence or misconduct.

(a)CA Health & Safety Code § 1281.5(a) All general acute care hospitals with an emergency department shall adopt and implement policies and procedures to facilitate the self-identification of an emergency department patient as a victim of human trafficking or domestic violence to hospital personnel.
(b)CA Health & Safety Code § 1281.5(b) The policies and procedures adopted and implemented pursuant to subdivision (a) shall meet all of the following minimum requirements:
(1)CA Health & Safety Code § 1281.5(b)(1) Provide for patient confidentiality in accordance with the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code).
(2)CA Health & Safety Code § 1281.5(b)(2) Provide an emergency department patient with a safe and discreet means of informing hospital personnel that they are a victim of human trafficking or domestic violence.
(3)Copy CA Health & Safety Code § 1281.5(b)(3)
(A)Copy CA Health & Safety Code § 1281.5(b)(3)(A) Facilitate a reasonably prompt and private interview of the patient by medical personnel for purposes of providing information to the patient described in paragraph (4). This paragraph does not require a patient to participate in a private interview if the patient declines.
(B)CA Health & Safety Code § 1281.5(b)(3)(A)(B) For purposes of this paragraph, “medical personnel” includes any health care professional licensed under Article 1 (commencing with Section 500) of Chapter 1 of Division 2 of the Business and Professions Code.
(4)CA Health & Safety Code § 1281.5(b)(4) Provide patients with information to local services and resources for victims of human trafficking or domestic violence, if any.
(5)CA Health & Safety Code § 1281.5(b)(5) Incorporate principles of trauma-informed care.
(c)CA Health & Safety Code § 1281.5(c) Every general acute care hospital subject to this section may track the use of the self-identification procedure, including the total number, ages, and racial demographics of patients who self-identify as a victim of human trafficking or domestic violence, to the extent that this information is provided by the patient.
(d)Copy CA Health & Safety Code § 1281.5(d)
(1)Copy CA Health & Safety Code § 1281.5(d)(1) A general acute care hospital subject to this section shall not be required to report the identities of any patients who self-identify as a victim of human trafficking or domestic violence to the department or to any law enforcement agency, except as may be required pursuant to Article 2 (commencing with Section 11160) or Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or Chapter 11 (commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code.
(2)Copy CA Health & Safety Code § 1281.5(d)(2)
(A)Copy CA Health & Safety Code § 1281.5(d)(2)(A) A general acute care hospital, including its directors, officers, employees, medical staff, contracted health care providers, agents, and all persons licensed under Article 1 (commencing with Section 500) of Chapter 1 of Division 2 of the Business and Professions Code, acting in compliance with this section shall not be liable for any injuries or damages arising from, or related to, a patient who is offered or receives the information described in paragraph (4) of subdivision (b) or who self-identifies, including any injuries inflicted by a trafficker or abuser based on acts or omissions taken pursuant to the policies and procedures established under this section, so long as the hospital has acted in good faith.
(B)CA Health & Safety Code § 1281.5(d)(2)(A)(B) The liability limitations described in subparagraph (A) shall not be construed to limit a person’s liability for any act or omission that constitutes gross negligence or willful or wanton misconduct.
(e)CA Health & Safety Code § 1281.5(e) For purposes of this section, the following definitions shall apply:
(1)CA Health & Safety Code § 1281.5(e)(1) “Human trafficking” has the same meaning as that term is defined in Section 236.1 of the Penal Code.
(2)CA Health & Safety Code § 1281.5(e)(2) “Domestic violence” has the same meaning as that term is defined in Section 6211 of the Family Code or Section 13700 of the Penal Code.

Section § 1282

Explanation

This law allows the state health department to hire outside experts to inspect health facilities, aiming for collaboration with nonprofit professional organizations that have experience in healthcare assessments. The priority is to use groups like the California Medical Association and those in the Consolidated Hospital Survey Program, provided they have enough staff. If needed, the state can contract the Joint Commission on Accreditation of Hospitals for these inspections.

If a facility is inspected for both accreditation and quality care by the Joint Commission at the same time, it must send the final accreditation report to the state within 30 days. However, if the accreditation and quality inspections occur separately, this report does not need to be sent.

(a)CA Health & Safety Code § 1282(a) The state department shall have the authority to contract for outside personnel to perform inspections of health facilities as the need arises. The state department, when feasible, shall contract with nonprofit, professional organizations which have demonstrated the ability to carry out the provisions of this chapter. The organizations shall include, but not be limited to, the California Medical Association Committee on Medical Staff Surveys and participants in the Consolidated Hospital Survey Program.
Quality of care inspections have been performed in recent years by the California Medical Association Committee on Staff Surveys and other organizations which have combined their efforts in the Consolidated Hospital Survey Program. It is the intent of the Legislature that these organizations or comparable organizations shall continue to perform these inspections by contract when sufficient manpower is available from the organizations to do so, unless the state department demonstrates that the inspections fail to assure compliance with the quality of care standards set by this chapter.
(b)CA Health & Safety Code § 1282(b)  If, pursuant to this section, the state department contracts with the Joint Commission on Accreditation of Hospitals to perform all or any part of a quality of care inspection for a health facility specified in subdivision (a) of Section 1250, and if that health facility contracts with the Joint Commission on Accreditation of Hospitals to perform an accreditation inspection and survey at the same time as the quality of care inspection, the health facility shall transmit to the state department, within 30 days of receipt, a copy of the final accreditation report of the Joint Commission on the Accreditation of Hospitals. However, if the Joint Commission on Accreditation of Hospitals conducts an accreditation inspection and survey at a health facility at a time other than the time at which, pursuant to this section, it participates in a quality of care inspection at that facility, then the health facility shall not be required to transmit a copy of the final accreditation report to the state department.

Section § 1283

Explanation

If a health facility is releasing a child under 16 years old, they must have written permission from the child's parent, legal custodian, or a caretaker who is a relative and authorized to consent to the child's medical or dental care.

If the child is handed over to someone other than these authorized individuals, the facility must report the details of the person and any associated organization to the State Department of Health Services within 48 hours. This reporting rule doesn't apply if the transfer is to another healthcare facility or if the child is released to certain public welfare, probation, or law enforcement agents.

(a)CA Health & Safety Code § 1283(a)  No health facility shall surrender the physical custody of a minor under 16 years of age to any person unless such surrender is authorized in writing by the child’s parent, the person having legal custody of the child, or the caregiver of the child who is a relative of the child and who may authorize medical care and dental care under Section 6550 of the Family Code.
(b)CA Health & Safety Code § 1283(b)  A health facility shall report to the State Department of Health Services, on forms supplied by the department, the name and address of any person and, in the case of a person acting as an agent for an organization, the name and address of the organization, into whose physical custody a minor under the age of 16 is surrendered, other than a parent, relative by blood or marriage, or person having legal custody. This report shall be transmitted to the department within 48 hours of the surrendering of custody. No report to the department is required if a minor under the age of 16 is transferred to another health facility for further care or if this minor comes within Section 300, 601, or 602 of the Welfare and Institutions Code and is released to an agent of a public welfare, probation, or law enforcement agency.

Section § 1284

Explanation

This law states that any mental health facility that is licensed to provide inpatient services must comply with the rules outlined in Section 5622 of the Welfare and Institutions Code.

A licensed inpatient mental health facility shall be subject to the provisions of Section 5622 of the Welfare and Institutions Code.

Section § 1285

Explanation

This law makes it illegal for a health facility to keep a patient against their will just because they haven't paid their bill. 'Detained' here means keeping the patient in the facility without their or their authorized person's consent.

If a patient is held for only nonpayment, they can sue the facility, owners, managers, or others involved, to seek compensation such as damages, court costs, and attorney’s fees. Being held for this reason is considered a misdemeanor, punishable by penalties stated in another law section.

(a)CA Health & Safety Code § 1285(a)  No patient shall be detained in a health facility solely for the nonpayment of a bill.
(b)CA Health & Safety Code § 1285(b)  For the purposes of this section, “detained” means the intentional confinement of a patient in a health facility without authorization of the patient or any other person who may be authorized to provide consent to care on behalf of the patient.
(c)CA Health & Safety Code § 1285(c)  Any person who is detained in a health facility solely for the nonpayment of a bill has a cause of action against the health facility for the detention, which may be brought by that person or that person’s parent, guardian, conservator, or other legal representative.
The cause of action may be brought against the health facility, proprietor, lessee or their agents, or against any person, corporation, association, or directors thereof. Any person who has been detained in a health facility, solely for the nonpayment of a bill, who has brought an action for the detention, may recover general and punitive damages, court costs, and reasonable attorney’s fees actually incurred and any other relief which the court in its discretion may allow.
(d)CA Health & Safety Code § 1285(d)  Violation of subdivision (a) is a misdemeanor punishable as prescribed in Section 1290.

Section § 1286

Explanation

This law prohibits smoking tobacco products in most areas of health facilities, such as patient care areas, waiting rooms, and visiting rooms, unless a specific area is designated for smoking. In patient rooms, smoking is only allowed if everyone assigned to the room requests it, and the facility can move patients around if it's at full capacity.

Facilities must post clear signs stating where smoking is not allowed or marking 'smoking permitted' areas, but signs are not needed inside patient rooms. Certain types of facilities, like skilled nursing homes, are not covered by this rule. 'Smoking' and 'tobacco product' are defined based on other legal provisions.

(a)CA Health & Safety Code § 1286(a) Smoking a tobacco product shall be prohibited in patient care areas, waiting rooms, and visiting rooms of a health facility, except those areas specifically designated as smoking areas, and in patient rooms as specified in subdivision (b).
(b)CA Health & Safety Code § 1286(b) Smoking a tobacco product shall not be permitted in a patient room unless all persons assigned to the room have requested a room where smoking is permitted. In the event that the health facility occupancy has reached capacity, the health facility shall have reasonable time to reassign patients to appropriate rooms.
(c)CA Health & Safety Code § 1286(c) Clearly legible signs shall either:
(1)CA Health & Safety Code § 1286(c)(1) State that smoking is unlawful and be conspicuously posted by, or on behalf of, the owner or manager of the health facility, in all areas of a health facility where smoking is unlawful, or
(2)CA Health & Safety Code § 1286(c)(2) Identify “smoking permitted” areas, and be posted by, or on behalf of, the owner or manager of the health facility, only in areas of the health facility where smoking is lawfully permitted.
If “smoking permitted” signs are posted, there shall also be conspicuously posted, near all major entrances, clearly legible signs stating that smoking is unlawful except in areas designated “smoking permitted.”
(d)CA Health & Safety Code § 1286(d) No signs pertaining to smoking are required to be posted in patient rooms.
(e)CA Health & Safety Code § 1286(e) This section shall not apply to skilled nursing facilities, intermediate care facilities, and intermediate care facilities for the developmentally disabled.
(f)CA Health & Safety Code § 1286(f) For purposes of this section, “smoking” has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code.
(g)CA Health & Safety Code § 1286(g) For purposes of this section, “tobacco product” means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code.

Section § 1288

Explanation

This law requires skilled nursing or intermediate care facilities to notify patients paying out-of-pocket, or their responsible agents, of any planned room rate increases at least 30 days before the increase happens. However, if delaying the rate increase notice would result in a loss of Medi-Cal reimbursement, the facility can provide the notice as soon as possible, even if that's at the time of the increase itself, but this cannot justify retroactive increases for patients not on Medi-Cal.

(a)CA Health & Safety Code § 1288(a)  Except as provided in subdivision (b), the licensee of each skilled nursing or intermediate care facility shall notify, in writing, all patients for whom the facility’s services are not reimbursed pursuant to the provisions of Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code, or such patient’s responsible agent, of any scheduled room rate increase at least 30 calendar days in advance of the increase.
(b)CA Health & Safety Code § 1288(b)  The licensee need not delay rate increases in order to provide the notice prescribed by subdivision (a) during any period when such delay would result in a loss to the facility of Medi-Cal reimbursement revenues available to it under Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code due to increases in allowable Medi-Cal reimbursement rates (1) implemented by emergency regulation or (2) made retroactive. In such cases, the licensee shall provide the notice as many days in advance as is possible without loss of Medi-Cal revenues or, if not possible without Medi-Cal revenue losses, at the time of effectuating the rate increase. Nothing contained in this subdivision shall be construed as authorizing retroactive room rate increases for facility services to patients that are not reimbursed under Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code.

Section § 1288.4

Explanation

This law requires certain licensed health facilities to display a notice with the phone number of a state department office where people can report complaints about the facility. The notice has to be placed somewhere noticeable and easily seen by the public. The state department will provide the correct phone number to the facility for the notice.

A health facility licensed under subdivision (a), (b), or (f) of Section 1250 shall post conspicuously, in a prominent location within the premises and accessible to public view, a notice providing the telephone number of the state department’s regional licensing office where complaints regarding the facility may be reported. The state department shall inform the health facility of the telephone number to be included in the notice.

Section § 1289

Explanation

This law is about transactions with residents in long-term care facilities. Individuals associated with these facilities, like owners or employees, cannot buy or receive items worth more than $100 from residents without oversight. A State Long-Term Care Ombudsman must witness such transactions to ensure fairness. All transaction details need to be recorded in the resident’s health records.

If a facility representative breaks these rules by purchasing an item, they must return it or pay its value. Craft items made by residents aren't subject to these restrictions. Violators can face a civil penalty up to $1,000 and also a fine up to $100 if deemed guilty of an infraction.

(a)CA Health & Safety Code § 1289(a)  No owner, employee, agent, or consultant of a long-term health care facility, as defined in Section 1418, or member of his or her immediate family, or representative of a public agency or organization operating within the long-term health care facility with state, county, or city authority, or member of his or her immediate family, shall purchase or receive any item or property with a fair market value of more than one hundred dollars ($100) from a resident in the long-term health care facility, unless the purchase or receipt is made or conducted in the presence of a representative of the Office of the State Long-Term Care Ombudsman, as defined in subdivision (c) of Section 9701 of the Welfare and Institutions Code. The role of the ombudsman is to witness the transaction and to question the resident and others as appropriate, about the transaction. The ombudsman may submit written comments pertaining to the transaction into the health records of the resident. The Office of the State Long-Term Care Ombudsman shall establish guidelines concerning activities of ombudsmen pursuant to this section. Additionally, the transaction described in this subdivision shall be recorded by the facility in the health records of the resident. The record of the transaction shall include the name and address of the purchaser, date and location of the transaction, description of property sold, and purchase price. The instrument shall include signatures of the resident, the purchaser, and the witnessing ombudsman.
(b)CA Health & Safety Code § 1289(b)  Any owner, employee, agent, or consultant of a long-term health care facility, or member of his or her immediate family, or representative of a public agency or organization operating within the long-term health care facility with state, county, or city authority, or member of his or her immediate family, who violates subdivision (a) shall be required to return the item or property he or she purchased to the person from whom it was purchased, if he or she still possesses it. If the employee no longer possesses the item or property, he or she shall pay the person who sold the item or property the fair market value at the time he or she would otherwise be required to return the property.
(c)CA Health & Safety Code § 1289(c)  Craft items, which are those items made by residents of a long-term health care facility, are exempt from the provisions of this section.
(d)CA Health & Safety Code § 1289(d)  Any violation of this section shall be subject to a civil penalty not to exceed one thousand dollars ($1,000) which shall be enforced by the Department of Aging. The Department of Aging may bring a cause of action in a court of competent jurisdiction to enforce the provisions of this subdivision.
(e)CA Health & Safety Code § 1289(e)  Notwithstanding Section 1290, any person who violates this section is guilty of an infraction and shall be punished by a fine of not more than one hundred dollars ($100).

Section § 1289.3

Explanation

This law is about long-term health care facilities and their responsibility to protect patient belongings. If a facility fails to adequately safeguard a patient's property, they must repay or replace any lost or stolen items at current value. The facility is considered to have tried hard enough to protect property if they can provide strong proof they met certain requirements. This can be challenged in court by the patient or their representative.

If a facility has no protection program or cannot show it tries to meet the necessary requirements, they will be cited. Deficiencies are noted if the policies aren’t effectively implemented or need more theft and loss protections.

The department will not label a facility's program as inadequate simply because theft or loss happens occasionally.

(a)CA Health & Safety Code § 1289.3(a)  A long-term health care facility, as defined in Section 1418, which fails to make reasonable efforts to safeguard patient property shall reimburse a patient for or replace stolen or lost patient property at its then current value. The facility shall be presumed to have made reasonable efforts to safeguard patient property if the facility has shown clear and convincing evidence of its efforts to meet each of the requirements specified in Section 1289.4. The presumption shall be a rebuttable presumption, and the resident or the resident’s representative may pursue this matter in any court of competent jurisdiction.
(b)CA Health & Safety Code § 1289.3(b)  A citation shall be issued if the long-term health care facility has no program in place or if the facility has not shown clear and convincing evidence of its efforts to meet all of the requirements set forth in Section 1289.4. The department shall issue a deficiency in the event that the manner in which the policies have been implemented is inadequate or the individual facility situation warrants additional theft and loss protections.
(c)CA Health & Safety Code § 1289.3(c)  The department shall not determine that a long-term health care facility’s program is inadequate based solely on the occasional occurrence of theft or loss in a facility.

Section § 1289.4

Explanation

This law requires long-term health care facilities to set up a theft and loss program within 90 days of January 1, 1988. Key elements include creating and displaying a theft policy, orienting staff to procedures, and keeping records of lost or stolen items valued at $25 or more. These records are accessible to health authorities and law enforcement upon request related to a complaint.

Facilities must keep an inventory of patient belongings and update it as needed, providing copies to residents or their representatives. Upon a resident's discharge or death, their belongings must be logged and surrendered with a receipt. Facilities should review theft prevention efforts regularly and mark personal items for identification.

Facilities must report thefts of items valued at $100 or more to local law enforcement within 36 hours and provide a secure area for patient property. Additionally, they must provide resident policies upon admission, including a copy of this law section, to all residents and responsible parties.

A theft and loss program shall be implemented by the long-term health care facilities within 90 days after January 1, 1988. The program shall include all of the following:
(a)CA Health & Safety Code § 1289.4(a) Establishment and posting of the facility’s policy regarding theft and investigative procedures.
(b)CA Health & Safety Code § 1289.4(b) Orientation to the policies and procedures for all employees within 90 days of employment.
(c)CA Health & Safety Code § 1289.4(c) Documentation of lost and stolen patient property with a value of twenty-five dollars ($25) or more and, upon request, the documented theft and loss record for the past 12 months shall be made available to the State Department of Public Health, the county health department or law enforcement agencies, and to the office of the State Long-Term Care Ombudsman in response to a specific complaint. The documentation shall include, but not be limited to, the following:
(1)CA Health & Safety Code § 1289.4(c)(1) A description of the article.
(2)CA Health & Safety Code § 1289.4(c)(2) Its estimated value.
(3)CA Health & Safety Code § 1289.4(c)(3) The date and time the theft or loss was discovered.
(4)CA Health & Safety Code § 1289.4(c)(4) If determinable, the date and time the loss or theft occurred.
(5)CA Health & Safety Code § 1289.4(c)(5) The action taken.
(d)CA Health & Safety Code § 1289.4(d) A written patient personal property inventory is established upon admission and retained during the resident’s stay in the long-term health care facility. A copy of the written inventory shall be provided to the resident or the person acting on the resident’s behalf. Subsequent items brought into or removed from the facility shall be added to or deleted from the personal property inventory by the facility at the written request of the resident, the resident’s family, a responsible party, or a person acting on behalf of a resident. The facility shall not be liable for items which have not been requested to be included in the inventory or for items which have been deleted from the inventory. A copy of a current inventory shall be made available upon request to the resident, responsible party, or other authorized representative. The resident, resident’s family, or a responsible party may list those items that are not subject to addition or deletion from the inventory, such as personal clothing or laundry, that are subject to frequent removal from the facility.
(e)CA Health & Safety Code § 1289.4(e) Inventory and surrender of the resident’s personal effects and valuables upon discharge to the resident or authorized representative in exchange for a signed receipt.
(f)CA Health & Safety Code § 1289.4(f) Inventory and surrender of personal effects and valuables following the death of a resident to the authorized representative in exchange for a signed receipt. Immediate notice to the public administrator of the county upon the death of a resident without known next of kin as provided in Section 7600.5 of the Probate Code.
(g)CA Health & Safety Code § 1289.4(g) Documentation, at least semiannually, of the facility’s efforts to control theft and loss, including the review of theft and loss documentation and investigative procedures and results of the investigation by the administrator and, when feasible, the resident council.
(h)CA Health & Safety Code § 1289.4(h) Establishment of a method of marking, to the extent feasible, personal property items for identification purposes upon admission and, as added to the property inventory list, including engraving of dentures and tagging of other prosthetic devices.
(i)CA Health & Safety Code § 1289.4(i) Reports to the local law enforcement agency within 36 hours when the administrator of the facility has reason to believe patient property with a then-current value of one hundred dollars ($100) or more has been stolen. Copies of those reports for the preceding 12 months shall be made available to the State Department of Public Health and law enforcement agencies.
(j)CA Health & Safety Code § 1289.4(j) Maintenance of a secured area for patients’ property which is available for safekeeping of patient property upon the request of the patient or the patient’s responsible party. Provide a lock for the resident’s bedside drawer or cabinet upon request of and at the expense of the resident, the resident’s family, or authorized representative. The facility administrator shall have access to the locked areas upon request.
(k)CA Health & Safety Code § 1289.4(k) A copy of this section and Sections 1289.3 and 1289.5 is provided by a facility to all of the residents and their responsible parties, and, available upon request, to all of the facility’s prospective residents and their responsible parties.
(l)CA Health & Safety Code § 1289.4(l) Notification to all current residents and all new residents, upon admission, of the facility’s policies and procedures relating to the facility’s theft and loss prevention program.

Section § 1289.5

Explanation

This law states that any admission contract for a long-term health care facility cannot make it seem like the facility has less responsibility for a resident's personal belongings than the law requires. In simple terms, a facility can't reduce its duty to care for a resident's property through the contracts residents sign when they are admitted.

No provision of a contract of admission, which includes all documents which a resident or his or her representative is required to sign at the time of, or as a condition of, admission to a long-term health care facility, shall require or imply a lesser standard of responsibility for the personal property of residents than is required by law.