CHAPTER 8.5. California Hospice Licensure Act of 1990 [1745. - 1759.]

Chapter 8.5 added by Stats. 1990, Ch. 1343, Sec. 1.

§§ 1745–1759 · 29 sections

1. ARTICLE 1. General §§ 1745–1746 · 2 sections

   • § 1745 (a) The purposes of this chapter are to provide for the licensure of hospices by the state department in order to ensure the health and safety of patients, who…
   • § 1746 For the purposes of this chapter, the following definitions apply: (a) “Bereavement services” means those services available to the surviving family members…
2. ARTICLE 1.5. Hospice Patient Referral §§ 1746.50–1746.52 · 2 sections

   • § 1746.50 (a) A hospice provider, employed hospice staff, or an agent for the hospice shall not give payment to referral sources for the referral of patients to the…
   • § 1746.52 For purposes of this article: (a) “Patient’s representative” means either a person designated by the patient as their representative or a person acting on the…
3. ARTICLE 2. Licensure §§ 1747–1751.5 · 10 sections

   • § 1747 (a) No person, political subdivision of the state, or other governmental agency, that is not operating a hospice as of January 1, 1991, shall establish or…
   • § 1747.1 A hospice program certified in accordance with federal Medicare hospice conditions of participation shall be exempt from subdivision (a) of Section 1747, but…
   • § 1747.3 (a) Notwithstanding any other law, beginning January 1, 2018, a licensee pursuant to this chapter may provide any interdisciplinary hospice services described…
   • § 1747.5 Each hospice licensed pursuant to this chapter shall maintain, and revise as needed, and implement policies regarding the purchase, storage, furnishing, and…
   • § 1748 (a) Except as otherwise provided in subdivision (b) or (d) of Section 1747, no person, political subdivision of the state, or other governmental agency shall…
   • § 1749 (a) To qualify for a license under this chapter, an applicant shall satisfy all of the following: (1) Be of good moral character. If the applicant is a…
   • § 1749.5 The Legislature recognizes that hospices can apply for certification for their hospice programs from the federal Medicare program. If the department has…
   • § 1750 (a) Each new and renewal application for a license under this chapter shall be accompanied by an annual Licensing and Certification Program fee set in…
   • § 1751 (a) Upon an applicant’s filing an application for licensure under this chapter and compliance with this chapter and the rules and regulations adopted by the…
   • § 1751.5 (a) Notwithstanding any other provision of this chapter, the department shall issue a license to a hospice agency that applies to the department for a hospice…
4. ARTICLE 2.3. New License Moratorium §§ 1751.70–1751.85 · 4 sections

   • § 1751.70 (a) Notwithstanding any other law and except as provided in Section 1751.75, on and after January 1, 2022, and until January 1, 2027, or one year after the…
   • § 1751.75 (a) The department may grant an exception to the moratorium imposed by this article upon making a written finding that an applicant for a new license, or with…
   • § 1751.80 This article shall not be deemed to modify the authority of the department to renew a license pursuant to this chapter.
   • § 1751.85 This article shall remain in effect only until January 1, 2027, and as of that date is repealed.
5. ARTICLE 2.5. Hospice Patient Care § 1751.100 · 1 section

   • § 1751.100 (a) During the initial visit, in advance of furnishing care, a hospice shall provide a patient or the patient’s representative with verbal and written notice…
6. ARTICLE 3. Enforcement §§ 1752–1759 · 10 sections

   • § 1752 (a) A licensed hospice, at the state department’s option, may periodically be inspected by a duly authorized representative of the state department. Reports of…
   • § 1752.1 (a) Any person may request an investigation of a hospice agency in accordance with this chapter by making a complaint to the department alleging a violation of…
   • § 1753 (a) 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…
   • § 1753.1 On or before January 1, 2026, the department shall adopt emergency regulations to implement the recommendations in California State Auditor Report 2021-123 on…
   • § 1754 (a) Any licensee may, with the approval of the state department, surrender his or her license for suspension or cancellation by the state department. (b) Any…
   • § 1755 (a) The department may deny any application for licensure, or suspend or revoke any license issued, under this chapter upon any of the following grounds: (1)…
   • § 1756 (a) The suspension, expiration, or forfeiture by operation of law of a license issued by the state department under this chapter, the suspension or…
   • § 1757 Any person who violates any provision of this chapter or any rule or regulation promulgated under this chapter is guilty of a misdemeanor, and upon conviction…
   • § 1758 The director may bring an action to enjoin the violation or threatened violation of Section 1748 in the superior court in and for the county in which the…
   • § 1759 The district attorney of every county shall, upon application by the state department or its authorized representative, institute and conduct the prosecution…