HomeMy WebLinkAboutMINUTES - 05231995 - 1.37 1 -39 r
TO: BOARD OF SUPERVISORS S L
�,,�.....: .:.....o� Contra
FROM: �hil Batchelor, County Administrator :�-- �ij Costa
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��y�:-.:._�... :o� County
DATE: May 11, 1995 °T� ..Kn `y
SUBJECT: LEGISLATION - AB 505 (Villaraigosa) - NOTICE WHEN A HEALTH FACILITY
IS PROPOSED TO BE CLOSED OR THE LEVEL OF CARE IS TO BE REDUCED
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT a position in OPPOSITION to AB 505 by Assemblyman Antonio
Villaraigosa which would require additional notice requirements
whenever a health facility is proposed to be closed or the level of
services is proposed to be reduced or eliminated.
BACKGROUND:
Under current law (§ 1442 .5 of the Health & Safety Code) a county
which proposes to close a county facility or reduce or eliminate
the level of medical services provided must post a notice at the
entrance to all health facilities of a public hearing which must be
held before the board of supervisors decides to proceed with the
proposed action. This notice and hearing requirement was
originally authored by then State Senator Anthony Beilenson and has
come to be known as the "Beilenson" hearing requirement.
Assemblyman Villaraigosa has introduced AB 505 which, as
introduced, would impose much the same type of notice requirements
for all health facilities, including those which are not publicly
owned. The bill would impose a similar requirement on any health
care service plan before it could close any health facility.
Notice would have to be provided before the number of health care
personnel providing care could be altered. The specific language
reads as follows :
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON l,g Q r+ APPROVED AS RECOMMENDED OTHER
IT IS BY THE BOARD ORDERED that Legislation - AB 505 (Villaraigosa)
be REFERRED to the Finance Committee for review of the potential
financial impacts prior to considering a position on this pending legislation.
VOTE OF SUPERVISORS
/ I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: _NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: —ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED • A 3 19 9.f
Contact: PHIL BATCHEL R,CLERK OF THE BOARD OF
cc: _See Page 2 SUPERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
-2-
Prior to reorganizing the manner in which health care is
provided by changing the level of service, the number or
proportion of health care personnel providing care, or
the configuration of care being provided, a health care
service plan providing direct patient care shall provide
public notice of the proposed changes, including a notice
posted at the entrance to all affected facilities and
notice to the Department of Corporations .
The notice shall be posted not less than 30 days prior to
the proposed date of implementation of the changes .
These requirements, which would probably apply to this County since
it and its health plan operate a variety of health facilities,
would impose onerous additional requirements on the County. It
could even be argued that such notice would have to be provided
before the level of service is increased.
The County Counsel ' s Office recommends that the Board of
Supervisors oppose AB 505 and this office concurs with that
recommendation.
cc: County Administrator
Health Services Director
Executive Director, Contra Costa Health Plan
County Counsel
Les Spahnn; Heim, Noack, Kelly & Spahnn
COUNTY COUNSEL'S OFFICE
CONTRA COSTA COUNTY
MARTINEZ, CALIFORNIA
Date: April 20 , 1995
To: Mar i sane, Health Services Director
From: Victor J.Nestman, Cocounsel
By: Vickie L. Dawes, Deputy County Counsel
Re: Assembly Bill No. 505
Attached for your information is a copy of Assembly Bill No.
505 . This bill would impose a number of onerous obligations upon the
County whenever the County attempted to make changes in the provision
of health care services . We recommend active opposition to the
passage of this bill .
VLD:ld
cc : Phil Batchelor (w/atta.ch-.)
M2:a:\asb1yb1.505
CONTRA COSTA COUNTY
RECEIVED
APR 41995
OFFICE OF
COUNTY ADMINISTRATOR
G
�f tlQ�LIFORNIA LEGISLATURE-1995-96 REGULAR SESSfON
ASSEMBLY BILL No. 505
Introduced by Assembly Member Villaraigosa
February 16, 1995
An act to add Sections 1253.3 and 1342.1 to the Health and
Safety Code, relating to health care.
LEGISLATIVE COUNSEL'S DIGEST
AB 505, as introduced, Villaraigosa. Health care: closure,
reduction, or change in health services.
]Existing law provides for the licensure and regulation of
health facilities, as defined, administered by the State
Department of Health Services. Existing law also"provides for
the licensure and regulation of health care service plans,
administered by the Department of Corporations.
'This bill would require that, prior to closing a health facility,
reducing or eliminating the level of health services provided,
or leasing, selling, or transferring the management of a health
` '`' facility, the facility or the health care service plan providing
direct patient care shall provide certain notice regarding
those proposed changes to the public and the applicable
administering department, in accordance with certain
procedures. This bill would further require that 18 months
after implementation of any of those changes the facility or
health care service plan report to the administering
department on the impacts of the changes.
Under existing law, violation of either the provisions
relating to health facility or health care service plan licensure
is a misdemeanor.
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AB 505 — 2 —
By
2 —By changing the definition of a crime, this bill would impose
a state-mandated local program.
The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated
by the state. Statutory provisions establish procedures for
making that reimbursement.
This bill would provide that no reimbursement is required
by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the ,State of California do enact as follows.
I SECTION 1. (a) The Legislature finds and declares
2 all of the following:
3 (1) . Hospitals and health care service plans that
4 provide:direct patient care are licensed by the State of
5 California in order to ensure that safe patient care is
6 provided.
7 (2) Dramatic changes are underway in the delivery of
8 health care, including numerous proposals to restructure
9 the number and proportion of health care professionals
.10 and workers performing direct patient care, as well as
11 changes in the level and type of services provided.
12 (3) Changes in delivery of care affect the health of the
13 community and may have profound social consequences.
14 For example, discharge from a health facility of new
15 mothers within hours of giving birth, or of surgical
IT, , 0+, 16 patients in a few days or even hours, and treatment of
17 cardiac,.diabetic, and asthmatic patients in the outpatient
18 setting, all shift the burden of care from the health
19 provider to family and friends, or to unpaid caregivers
20 who often lack the expertise to care for patients with
21 complex needs.
22 (4) Many of these changes in the delivery of health
23 care are occurring without public disclosure or discussion.
24 If these changes were publicly disclosed, affected
25 communities and groups, physicians, other interested
26 health professionals, and public bodies could provide
27 input about how best to maintain the safety of patient
99
- 3 — AB 505-
pose 1 care and access to needed care while maximizing
2 cost-effectiveness.
purse 3 (b) It is the intent of the Legislature in enacting this
ated 4 measure that those health providers proposing to
3 for 5 restructure-the delivery of health care shall disclose to the
6 public the expected impact of the changes.
tired 7 SEC. 2. Section 1253.3 is added to the Health and
! 8 Safety Code, to read:
yes. 9 1253.3. (a) (1) Prior to closing a health facility,
10 reducing or eliminating the level of health services
11 provided, or prior to the leasing, selling, or transfer of
Ows: 12 management of a facility, a health facility licensed under
13 subdivision (a) or (b) of Section 1250 shall provide public
lares 14 notice of the proposed changes, including a notice posted
15 at the entrance to all affected facilities and a notice to the
that 16 state department.
to of 17 (2) Prior to reorganizing the manner in which health
re is 18 care is provided by changing the level of service, the
19 number or proportion of health care personnel providing
ry of 20 care, or the configuration of care being provided, the
�tureU.
21 health facility shall provide public notice of the proposed
)nals 22 changes, including a notice posted at the entrance to all
'll as 23 affected facilities and notice to the state department.
24 (b) The notice shall be posted not less than 30 days
f the ; 25 prior to the proposed date of implementation of the
aces. 26 changes.
new 27 (c) The notice required under subdivision (a) shall
gical 28 include all of the following:
at of 29 (1) A description of the proposed changes.
tient 30 (2) An evaluation .of theprobable impact on quality
�-alth 31 and availability of care for individual patients and for the
ivers i 32 community as a whole.
with 33 (3) A description of the savings expected by the health
34 facility, and the possible impact on other health
--alth 35 providers.
sion. ! 36 (4) Information regarding whether . the proposed
!cted 37 changes are consistent with existing state and federal law
;sted 38 and regulations governing licensure of health facilities,
vide + 39 regulation of managed care plans, and licensure of health
tient 40 professionals.
99 99
AB 505 — 4 --
1 (5) A telephone number and address for the health
2 facility, any corporate entity with which the health
3 facility is affiliated, and the state department where
4 interested parties may offer comments.
5 (6) The names of the chief executive officer and
6 members of the board of directors of the health facility or
7 affiliated corporate entity, or both, and any other health
8 care delivery organizations in which the hospital has :
9 financial or controlling interest.
- 10 (d) Eighteen months after implementation of the
11 proposed changes, the health facility shall report to the
12 public and the state department -on the impact of the
13 changes on mortality, morbidity, readmissions, patient
14 injuries, and infection rates by comparing data prior to
15 the changes with the data for the year after
16 implementation.
17 SEC., 3. Section 1342.1 is added to the Health and
18 Safety Code, to read:
19 1342.1. (a) (1) Prior to closing any health facility
20 owned or operated by a health care service . plan,
21 reducing, or eliminating the level of health services :.
22 provided by that plan or any health facility thereof, or
23 prior to the leasing, selling, or transfer of management of
24 the plan or any health facility thereof, a health care
25 service plan providing direct patient care shall provide
26 public notice of the proposed changes, including a notice
27 posted at the entrance to all affected facilities and notice
28 to the Department of Corporations.
29 (2) Prior to reorganizing the manner in which health
30 care is provided by changing the level of service, the
31 number or proportion of health care personnel providing
32 care, or the configuration of care being provided, a health
33 care service plan providing direct patient care shall
34 provide public notice of the proposed changes, including
35 a notice posted at the entrance to all affected facilities and
36 notice to the Department of Corporations.
37 (b) The notice shall be posted not less than' 30. days
38 prior to the proposed date of implementation of the
39 changes.
99
AB 505
AML
�alth ! 1 (c) The notice required under subdivision (a) shall
�alth 2 include all of the following:
here 3 (1) A description of the proposed changes.
4 (2) An evaluation.of the probable impact on quality
and 5 and availability of care for individual patients and for the
.ty or 6 community as a whole.
ealth 7 (3) A description of the savings expected by the health
1 has 8 care service plan, and the possible impact on other health
9 providers.
the 10 (4) Information regarding whether the proposed
the 11 changes are consistent with existing state and federal law
f the .12 and regulations governing licensure of health facilities,
.tient 13 regulation of managed care plans, and licensure of health
or to 14 professionals.
after 15 (5) A telephone number and address for the health
16 care service plan, any corporate entity with which the
and 17 health care service plan is affiliated, and the state
18 department where interested parties may offer
cility 19 comments.
plan, 20 (6) The names of the chief executive officer and
vices 21 members of the board of directors of the health care
A, or 22 service plan or the affected health facility thereof,.or an
,Mt of 23 affiliated corporate entity, or both, and any other health
care 24 care delivery organizations in which the , health care
:vide 25 service plan has financial or controlling interest.
.otice 26 (d) Eighteen months after implementation of the
_otice 27 proposed changes, the health care service plan shall
28 report to the public and the state department on the
.ealth 29 impact of the changes on mortality, morbidity,
•, the 30 readmissions, patient injuries, and infection rates by
iding 31 comparing data prior to the changes with the data for the
ealth 32 year after implementation.
shall 33 SEC. 4. No reimbursement is required by this act
Odin g ' 34 pursuant to Section 6 of Article XIII B of the California
��`
is and ;; 35 Constitution because the only costs that may be incurred
36 by a local agency or school district will be incurred
days 37 because this act creates a new crime or infraction,
f the 38 eliminates a crime or infraction, or changes the penalty
39 for a crime or infraction, within the meaning of Section
s . 40 17556 of the Government Code, or changes the definition.
99 99
AB 505
1 of a crime within the meaning of Section 6 of Article '\
2 XIII B of.the California Constitution.
3 Notwithstanding Section .17580 of the Government
4 Code, unless otherwise specified, the provisions of this act
5 shall become operative on the same date that the act
6 takes effect pursuant to the California Constitution.
O
99