CHAPTER 2. Health Facilities [1250. - 1339.59.]
Chapter 2 repealed and added by Stats. 1973, Ch. 1202.
§§ 1250–1339.59 · 332 sections
ARTICLE 1. General §§ 1250–1264.1 · 79 sections
- § 1250 As used in this chapter, “health facility” means a facility, place, or building that is organized, maintained, and operated for the diagnosis, care,…
- § 1250.02 Article 9 (commencing with Section 70901) of Chapter 1 of Division 5 of Title 22 of the California Code of Regulations, as adopted to implement the…
- § 1250.03 A rural general acute care hospital that does not provide surgical and anesthesia services shall maintain written transfer agreements with one or more general…
- § 1250.05 (a) All general acute care hospitals licensed under this chapter shall maintain a medical records system, based upon current standards for medical record…
- § 1250.06 A licensed general acute care hospital, as defined pursuant to subdivision (a) of Section 1250, or an acute psychiatric hospital, as defined pursuant to…
- § 1250.1 (a) The department shall adopt regulations that define all of the following bed classifications for health facilities: (1) General acute care. (2) Skilled…
- § 1250.2 (a) (1) As defined in Section 1250, “health facility” includes a “psychiatric health facility,” defined to mean a health facility, licensed by the State…
- § 1250.3 (a) (1) “Chemical dependency recovery hospital” means a health facility that provides 24-hour inpatient chemical dependency recovery services for persons who…
- § 1250.4 (a) As used in this section: (1) “Department” means the Department of Corrections or the Department of the Youth Authority. (2) “Communicable, contagious, or…
- § 1250.5 “Council” means the Advisory Health Council.
- § 1250.6 Any requirement placed upon, or reference to, a corporation in this chapter, shall also apply to a limited liability company.
- § 1250.7 (a) (1) With respect to each hospital designated by the department as a critical access hospital, and certified as such by the Secretary of the United States…
- § 1250.8 (a) Notwithstanding subdivision (a) of Section 127170, the department, upon application of a general acute care hospital that meets all the criteria of…
- § 1250.10 (a) (1) “Psychiatric residential treatment facility” means a health facility licensed by the State Department of Health Care Services, that is operated by a…
- § 1250.11 The State Department of Public Health shall develop written guidelines and regulations as necessary to minimize the risk of transmission of blood-borne…
- § 1251 “License” means a basic permit to operate a health facility with an authorized number and classification of beds. A license shall not be transferable.
- § 1251.3 A health facility licensed as a general acute care hospital, providing alcohol recovery services, may convert its licensure category to an acute psychiatric…
- § 1251.4 (a) Notwithstanding any other law, upon application of the Department of Corrections and Rehabilitation, the department shall change the license category of a…
- § 1251.5 A “special permit” is a permit issued in addition to a license, authorizing a health facility to offer one or more of the special services specified in Section…
- § 1251.6 (a) The Legislature finds and declares all of the following: (1) The Camp Fire in 2018 resulted in the destruction of most of the towns of the eastern part of…
- § 1252 (a) “Special service” means a functional division, department, or unit of a health facility that is organized, staffed, and equipped to provide a specific type…
- § 1253 (a) No person, firm, partnership, association, corporation, or political subdivision of the state, or other governmental agency within the state shall operate,…
- § 1253.1 (a) Any skilled nursing facility or intermediate care facility that on the effective date of this section is providing care for the developmentally disabled…
- § 1253.2 As used in Section 1253.3, the following definitions shall apply: (a) “Applicant” means any person, as defined in Section 19, that has submitted an application…
- § 1253.3 (a) No person, as defined in Section 19, nor an applicant for licensure, change of ownership, or change of management shall acquire, either directly or…
- § 1253.4 (a) (1) A general acute care hospital, as defined in subdivision (a) of Section 1250, seeking to provide skilled nursing services in a distinct part shall…
- § 1253.5 (a) The State Department of Public Health, upon issuance and renewal of a license for a general acute care hospital as defined in subdivision (a) of Section…
- § 1253.6 (a) This section shall govern applications by general acute care hospitals for supplemental services approval for outpatient clinic services. (b) Upon receipt…
- § 1253.7 (a) For purposes of this chapter, “observation services” means outpatient services provided by a general acute care hospital and that have been ordered by a…
- § 1254 (a) Except as provided in subdivisions (e) and (f), the state department shall inspect and license health facilities. The state department shall license health…
- § 1254.1 (a) The State Department of Health Care Services shall license psychiatric health facilities to provide their basic services specified in Section 1250. (b) Any…
- § 1254.2 (a) The state department, in addition to the licensing duties imposed by Section 1254, shall license chemical dependency recovery hospitals to provide the…
- § 1254.4 (a) A general acute care hospital shall adopt a policy for providing family or next of kin with a reasonably brief period of accommodation, as described in…
- § 1254.5 (a) The Legislature finds and declares that the disease of eating disorders is not simply medical or psychiatric, but involves biological, sociological,…
- § 1254.6 (a) A hospital shall provide, free of charge, information and instructional materials regarding sudden infant death syndrome, as described in Section 1596.847,…
- § 1254.7 (a) It is the intent of the Legislature that pain be assessed and treated promptly, effectively, and for as long as pain persists. (b) A health facility…
- § 1255 (a) In addition to the basic services offered under the license, a general acute care hospital may be approved in accordance with subdivision (c) of Section…
- § 1255.1 (a) Any hospital that provides emergency medical services under Section 1255 shall, as soon as possible, but not later than 180 days prior to a planned…
- § 1255.2 A health facility implementing a downgrade or change shall make reasonable efforts to ensure that the community served by its facility is informed of the…
- § 1255.25 (a) (1) Except as provided in subparagraph (3), not less than 120 days prior to closing a health facility, as defined in subdivision (a) or (b) of Section…
- § 1255.3 On or before June 30, 1999, with the state department as the lead agency, the state department and the Emergency Medical Services Authority, in consultation…
- § 1255.5 For purposes of Section 1255, the following definitions apply: (a) “Cardiac catheterization” includes an intravascular insertion of a catheter into the heart…
- § 1255.6 During cardiovascular surgery, a perfusionist, as defined by Chapter 5.67 (commencing with Section 2590) of Division 2 of the Business and Professions Code,…
- § 1255.7 (a) (1) For purposes of this section, “safe-surrender site” means either of the following: (A) A location designated by the board of supervisors of a county or…
- § 1255.8 (a) For purposes of this section, the following terms have the following meanings: (1) “Colonized” means that a pathogen is present on the patient’s body, but…
- § 1255.9 (a) (1) A skilled nursing facility shall have a full-time, dedicated Infection Preventionist (IP). (2) The IP role may be filled either by one full-time IP…
- § 1256 (a) The use of the name or title “hospital” by any person or persons to identify or represent a facility for the diagnosis, care, and treatment of human…
- § 1256.01 (a) The Elective Percutaneous Coronary Intervention (PCI) Program is hereby established in the department. The purpose of the program is to allow the…
- § 1256.05 (a) For purposes of this section and Section 1256.06, the following definitions apply: (1) “Critical access hospital” means a hospital designated by the State…
- § 1256.06 A hospital requesting approval to establish a standby perinatal service pursuant to Section 1256.05 shall implement and maintain all of the following…
- § 1256.1 A general acute care hospital shall not hold itself out directly or indirectly by any sign, brochure, or advertisement as providing any service or services…
- § 1256.2 (a) (1) No general acute care hospital may promulgate policies or implement practices that determine differing standards of obstetrical care based upon a…
- § 1257 The state department may delegate to local health departments the authority to verify compliance with the licensing and approval provisions of this chapter, to…
- § 1257.5 (a) All registered nurses, certified nurse assistants, licensed vocational nurses, and physicians working in skilled nursing facilities, as defined in…
- § 1257.7 (a) After July 1, 2010, all hospitals licensed pursuant to subdivisions (a), (b), and (f) of Section 1250 shall conduct, not less than annually, a security and…
- § 1257.8 (a) All hospital employees regularly assigned to the emergency department shall receive, by July 1, 1995, and thereafter, on a continuing basis as provided for…
- § 1257.9 (a) (1) The department shall recommend training for general acute care hospitals, as defined in subdivision (a) of Section 1250, and special hospitals, as…
- § 1258 No health facility which permits sterilization operations for contraceptive purposes to be performed therein, nor the medical staff of such health facility,…
- § 1259 (a) (1) The Legislature finds and declares that California is becoming a land of people whose languages and cultures give the state a global quality. The…
- § 1259.3 (a) This section shall be known, and may be cited, as Tyler’s Law. (b) If a person is treated at a general acute care hospital and the hospital conducts a…
- § 1259.5 By January 1, 1995, each general acute care hospital, acute psychiatric hospital, special hospital, psychiatric health facility, and chemical dependency…
- § 1259.6 (a) On or before January 1, 2025, a general acute care hospital shall establish and adopt written policies and procedures to screen patients who are 12 years…
- § 1260 (a) Except as provided in subdivision (b), any member of the board of directors of a nonprofit corporation that is subject to Section 5914 of the Corporations…
- § 1260.1 (a) Except as provided in subdivision (b), any member of the board of directors of a nonprofit corporation that is subject to Section 5920 of the Corporations…
- § 1261 (a) A health facility shall allow a patient’s domestic partner, the children of the patient’s domestic partner, and the domestic partner of the patient’s…
- § 1261.1 (a) (1) A general acute care hospital, as defined in subdivision (a) of Section 1250, shall allow a patient with physical, intellectual, or developmental…
- § 1261.3 (a) Notwithstanding any other provision of law, for a patient aged 50 years or older, a registered nurse or licensed pharmacist may administer in a skilled…
- § 1261.4 (a) (1) A skilled nursing facility shall not contract with a person as a medical director if the person is not, or will not be within five years of the date of…
- § 1261.5 (a) The number of oral dosage form or suppository form drugs provided by a pharmacy to a health facility licensed pursuant to subdivision (c) or (d), or both…
- § 1261.6 (a) (1) For purposes of this section and Section 1261.5, an “automated drug delivery system” means a mechanical system that performs operations or activities,…
- § 1262 (a) When a mental health patient is being discharged from one of the facilities specified in subdivision (c), the patient and the patient’s conservator,…
- § 1262.4 (a) No hospital, as defined in subdivisions (a), (b), and (f) of Section 1250, may cause the transfer of homeless patients from one county to another county…
- § 1262.5 (a) Each hospital shall have a written discharge planning policy and process. (b) The policy required by subdivision (a) shall require that appropriate…
- § 1262.6 (a) Each hospital shall provide each patient, upon admission or as soon thereafter as reasonably practical, written information regarding the patient’s right…
- § 1262.7 (a) A skilled nursing facility, as defined in subdivision (c) of Section 1250, shall admit a patient only upon a physician’s order and only if the facility is…
- § 1262.8 (a) A noncontracting hospital shall not bill a patient who is an enrollee of a health care service plan for poststabilization care, except for applicable…
- § 1263 (a) This section shall be known and may be cited as the Dementia Training Standards Act of 2001. (b) (1) Any certified nurse assistant employed by a skilled…
- § 1264 (a) Any health facility licensed under Section 1250 that provides prenatal screening ultrasound to detect congenital heart defects shall require that the…
- § 1264.1 (a) For purposes of this section, the following definitions apply: (1) “Medical chaperone” means a trained employee of a provider who assists or observes… see note
ARTICLE 2. Administration §§ 1265–1272 · 44 sections
- § 1265 A person, political subdivision of the state, or governmental agency desiring a license for a health facility, approval for a special service under this…
- § 1265.1 (a) An application for licensure under this chapter may be denied by the state department if the applicant for a license has been convicted of a crime, as…
- § 1265.2 A “crime,” within the meaning of this chapter, means a violation of a law or regulation which is substantially related to the qualifications or duties of the…
- § 1265.3 (a) For any individual or entity that seeks approval to operate or manage a health facility licensed pursuant to subdivision (a), (b), or (f) of Section 1250…
- § 1265.4 (a) A licensed health facility, as defined in subdivision (a), (b), (c), (d), (f), or (k) of Section 1250, shall employ a full-time, part-time, or consulting…
- § 1265.5 (a) (1) Prior to the initial licensure or renewal of a license of any person or persons to operate or manage an intermediate care facility/developmentally…
- § 1265.6 Notwithstanding any other provision of law, a registered nurse within his or her scope of practice may require direct care staff in an intermediate care…
- § 1265.7 (a) (1) The state department shall adopt regulations for the licensure of congregate living health facilities. The regulations shall include minimum standards…
- § 1265.8 In addition to the requirements of this chapter, any person, political subdivision of the state, or governmental agency desiring a license for a health…
- § 1265.9 (a) On and after July 1, 2015, any acute psychiatric hospital that submits a completed application and is operated by the State Department of State Hospitals…
- § 1265.10 (a) A licensed health facility, as defined in subdivision (a), (b), (c), (d), (f), or (k) of Section 1250, shall make available wholesome, plant-based meals of…
- § 1265.11 (a) An application for licensure made pursuant to this chapter shall not be denied, nor shall any license issued pursuant to this chapter be suspended,…
- § 1265.12 (a) Notwithstanding any other state law, and consistent with Sections 1 and 1.1 of Article I of the California Constitution, an individual or state or local…
- § 1266 (a) The Licensing and Certification Program shall be supported entirely by federal funds and special funds by no earlier than the beginning of the 2009–10…
- § 1266.1 (a) Each new or renewal application for a license for a psychiatric health facility shall be accompanied by a fee credited to the State Department of Health…
- § 1266.5 (a) Whenever any entity required to pay fees pursuant to Section 1266 continues to operate beyond its license expiration date, without the Licensing and…
- § 1266.7 The annual Licensing and Certification Program fee for a congregate living health facility shall be set in accordance with Section 1266.
- § 1266.9 There is hereby created in the State Treasury the State Department of Public Health Licensing and Certification Program Fund. The revenue collected in…
- § 1266.10 The amount of three million two hundred four thousand three hundred seventy dollars ($3,204,370) is appropriated from the General Fund to the State Department…
- § 1266.12 (a) The annual Licensing and Certification Program fee for a skilled nursing facility, intermediate care facility, general acute care hospital, acute…
- § 1267 (a) (1) Each license issued pursuant to this chapter shall expire 12 months from the date of its issuance and each special permit shall expire on the…
- § 1267.5 (a) (1) Each applicant for a license to operate a skilled nursing facility or intermediate care facility shall disclose to the state department the name and…
- § 1267.61 (a) At least 90 days prior to a finalization of the sale, transfer of operation, including management changes, assignment, lease, or other change or transfer…
- § 1267.62 (a) In the event of the sale, transfer of operation, including management changes, assignment, lease, or other change or transfer of ownership of a facility…
- § 1267.7 The State Department of Health Services and the State Department of Developmental Services shall jointly develop and implement licensing and Medi-Cal…
- § 1267.75 (a) A licensee of an intermediate care facility/developmentally disabled habilitative, as defined in subdivision (e) of Section 1250, or of an intermediate…
- § 1267.8 (a) An intermediate care facility/developmentally disabled habilitative or an intermediate care facility/developmentally disabled—nursing or a congregate…
- § 1267.9 (a) The Legislature hereby declares it to be the policy of the state to prevent overconcentrations of intermediate care facilities/development ally disabled…
- § 1267.11 Each intermediate care facility/developmentally disabled-habilitative shall designate direct care staff persons to supervise the direct care services to…
- § 1267.12 No person shall be admitted, or accepted for care, or discharged, by a congregate living health facility except upon the order of a physician and surgeon.…
- § 1267.13 Pursuant to paragraph (3) of subdivision (a) and subdivision (b) of Section 1265.7, this section shall be effective until the adoption of permanent…
- § 1267.15 (a) Congregate living health facilities shall be freestanding, but this does not preclude their location on the premises of a hospital. Congregate living…
- § 1267.16 (a) A congregate living health facility which serves six or fewer persons shall be considered a residential use of property for purposes of any zoning…
- § 1267.17 Each congregate living health facility shall conspicuously post the license, or a true copy thereof in a location accessible to public view.
- § 1267.19 Congregate living health facilities shall not be subject to architectural plan review by the Office of Statewide Health Planning and Development. As part of…
- § 1268 (a) Upon the filing of the application for licensure or for a special permit for special services and full compliance with this chapter and the rules and…
- § 1268.5 (a) Notwithstanding the provisions of Section 1268 requiring full compliance with this chapter and the rules and regulations of the state department as a…
- § 1268.6 (a) Commencing October 1, 2011, as a requirement of initial licensure of an intermediate care facility/developmentally disabled-habilitative or an intermediate…
- § 1269 Immediately upon the denial of any application for a license or for a special permit for special services, the state department shall notify the applicant in…
- § 1270 The provisions of this chapter do not apply to the following institutions: (a) Any facility conducted by and for the adherents of any well-recognized church or…
- § 1271 (a) The Legislature finds and declares that uniform orientation and training are fundamental to ensuring a high level of competency of state personnel charged…
- § 1271.1 (a) A health facility may place up to 50 percent of its licensed bed capacity in voluntary suspension for a period not exceeding three years, upon submitting…
- § 1271.15 (a) Notwithstanding any provision of law to the contrary, including, but not limited to, Section 1271.1, a health facility may do any of the following: (1) (A)…
- § 1272 (a) If a general acute care hospital or an acute psychiatric hospital submits a written application to the department’s centralized applications unit, the…
ARTICLE 2.5. Health Care Advisory Committee §§ 1273–1274 · 2 sections
ARTICLE 3. Regulations §§ 1275–1289.5 · 60 sections
- § 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…
- § 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…
- § 1275.2 (a) Notwithstanding any rules or regulations governing other health facilities, the regulations adopted by the state department for chemical dependency…
- § 1275.3 (a) The State Department of Public Health and the State Department of Developmental Services shall jointly develop and implement licensing regulations…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 1275.7 (a) The Legislature makes the following findings and declarations: (1) The theft of newborn babies from hospitals is a serious societal problem that must be…
- § 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…
- § 1275.9 (a) A general acute care hospital shall inform a patient or the patient’s representative, at the time of admission or as soon as reasonably possible in cases…
- § 1276 (a) The building standards published in the California Building Standards Code by the Department of Health Care Access and Information, and the regulations…
- § 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…
- § 1276.1 In setting personnel standards for licensed health facilities pursuant to Section 1276, the department may set such standards itself or may adopt them by…
- § 1276.2 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…
- § 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…
- § 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…
- § 1276.5 (a) The department shall adopt regulations setting forth the minimum number of equivalent nursing hours per patient required in skilled nursing and…
- § 1276.6 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…
- § 1276.65 (a) For purposes of this section, the following definitions shall apply: (1) “Direct care service hours” means the actual hours of work performed per patient…
- § 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…
- § 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…
- § 1276.8 Notwithstanding any other provision of law, including, but not limited to, Section 1276, the following shall apply: (a) As used in this code, “respiratory care…
- § 1276.9 (a) A special treatment program service unit distinct part shall have a minimum 2.3 nursing hours per patient per day. (b) For purposes of this section,…
- § 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…
- § 1278 Any officer, employee, or agent of the state department may, upon presentation of proper identification, enter and inspect any building or premises at any…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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) Commencing…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 1280.5 The state department shall accept, consider, and resolve written appeals by a licensee or health facility administrator of findings made upon the inspection of…
- § 1280.6 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…
- § 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…
- § 1280.16 For purposes of Sections 1280.17, 1280.18, 1280.19, and 1280.20, the following definitions apply: (a) “Department” means the State Department of Public Health.…
- § 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…
- § 1280.18 (a) Every provider of health care shall establish and implement appropriate administrative, technical, and physical safeguards to protect the privacy of a…
- § 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…
- § 1280.20 Notwithstanding any other law, the director may send a recommendation for further investigation of, or discipline for, a potential violation of the licensee’s…
- § 1281 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…
- § 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…
- § 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…
- § 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…
- § 1284 A licensed inpatient mental health facility shall be subject to the provisions of Section 5622 of the Welfare and Institutions Code.
- § 1285 (a) No patient shall be detained in a health facility solely for the nonpayment of a bill. (b) For the purposes of this section, “detained” means the…
- § 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…
- § 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…
- § 1288.4 A health facility licensed under subdivision (a), (b), or (f) of Section 1250 shall post conspicuously, in a prominent location within the premises and…
- § 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…
- § 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…
- § 1289.4 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…
- § 1289.5 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…
ARTICLE 3.5. Hospital Infectious Disease Control Program §§ 1288.45–1288.95 · 9 sections
- § 1288.45 For purposes of this article, the following definitions shall apply: (a) “Advisory committee” or “HAI-AC” means the Healthcare Associated Infection Advisory…
- § 1288.5 (a) By July 1, 2007, the department shall appoint a Healthcare Associated Infection Advisory Committee (HAI-AC) that shall make recommendations related to…
- § 1288.55 (a) (1) Each health facility, as defined in paragraph (3) of subdivision (a) of Section 1255.8, shall quarterly report all cases of health-care-associated MRSA…
- § 1288.6 (a) (1) Each general acute care hospital, in collaboration with infection prevention and control professionals, and with the participation of senior health…
- § 1288.7 By July 1, 2007, the department shall require that each general acute care hospital, in accordance with the Centers for Disease Control guidelines, take all of…
- § 1288.8 (a) By January 1, 2008, the department shall take all of the following actions to protect against HAI in general acute care hospitals statewide: (1) Implement…
- § 1288.85 Each general acute care hospital, as defined in subdivision (a) of Section 1250, shall do all of the following by July 1, 2015: (a) Adopt and implement an…
- § 1288.9 By January 1, 2009, the department shall do all of the following: (a) Require each general acute care hospital to develop, implement, and periodically evaluate…
- § 1288.95 (a) No later than January 1, 2010, a physician designated as a hospital epidemiologist or infection surveillance, prevention, and control committee chairperson…
ARTICLE 4. Offenses §§ 1290–1293.2 · 5 sections
- § 1290 (a) Except as provided in subdivision (b) or (c), any person who violates this chapter or Section 127050 or 128600, or who willfully or repeatedly violates any…
- § 1291 The director may bring an action to enjoin the violation or threatened violation of Section 1253 in the superior court in and for the county in which the…
- § 1292 Any action brought by the director against a health facility shall not abate by reason of a sale or other transfer of ownership of the health facility which is…
- § 1293 The district attorney of every county shall, upon application by the state department or its authorized representative, institute and conduct the prosecution…
- § 1293.2 It is a misdemeanor for any person to do any of the following: (a) Willfully prevent, interfere with, or attempt to impede in any way the work of any duly…
ARTICLE 5. Suspension and Revocation §§ 1294–1300 · 7 sections
- § 1294 The state department may suspend or revoke any license or special permit issued under the provisions of this chapter upon any of the following grounds and in…
- § 1294.5 The department may suspend or revoke any license or special permit issued under the provisions of this chapter if the licensee or holder of a special permit…
- § 1295 Proceedings for the suspension, revocation, or denial of licenses or special permits under this chapter shall be conducted in accordance with Section 100171.…
- § 1296 The director may temporarily suspend any license or special permit prior to any hearing, when in his or her opinion the action is necessary to protect the…
- § 1297 The withdrawal of an application for a license or a special permit after it has been filed with the state department shall not, unless the state department…
- § 1298 (a) (1) No person, firm, partnership, association, corporation, political subdivision of the state, or other governmental agency within the state shall…
- § 1300 (a) Any licensee or holder of a special permit may, with the approval of the state department, surrender his or her license or special permit for suspension or…
ARTICLE 6. Malpractice Actions §§ 1305–1308 · 4 sections
- § 1305 (a) Every insurer providing professional liability insurance to a health facility licensed pursuant to this chapter and every health facility or associated…
- § 1306 Notwithstanding any other provision of law, no insurer shall enter into a settlement exceeding three thousand dollars ($3,000) to settle a claim or action…
- § 1307 The state department shall keep a record of all reports made pursuant to Section 1305.
- § 1308 The state department shall notify every health facility licensed pursuant to this chapter and every insurer providing professional liability insurance to such…
ARTICLE 6.5. Release of Sex Offender to Long-Term Health Care Facility § 1312 · 1 section
- § 1312 Before a person who is required to register as a sex offender under Section 290 of the Penal Code is released into a long-term health care facility, as defined…
ARTICLE 7. Other Services §§ 1315–1323.1 · 27 sections
- § 1315 (a) Dental services, as defined in the Dental Practice Act, may be provided to a patient in a health facility licensed under this chapter. Those services shall…
- § 1316 (a) The rules of a health facility shall include provisions for use of the facility by, and staff privileges for, duly licensed podiatrists within the scope of…
- § 1316.5 (a) (1) Each health facility owned and operated by the state offering care or services within the scope of practice of a psychologist shall establish rules and…
- § 1316.6 Notwithstanding any other provision of this chapter, the exercise of privileges in any health facility may be limited, restricted, or revoked for the violation…
- § 1316.7 (a) An adult patient who receives primary care services in a facility, clinic, unlicensed clinic, center, office, or other setting where primary care services…
- § 1317 (a) Emergency services and care shall be provided to any person requesting the services or care, or for whom services or care is requested, for any condition…
- § 1317.1 Unless the context otherwise requires, the following definitions shall control the construction of this article and Section 1371.4: (a) (1) “Emergency services…
- § 1317.2 A person needing emergency services and care shall not be transferred from a hospital to another hospital for any nonmedical reason (such as the person’s…
- § 1317.2a (a) A hospital that has a legal obligation, whether imposed by statute or by contract, to the extent of that contractual obligation, to any third-party payer,…
- § 1317.3 (a) As a condition of licensure, each hospital shall adopt, in consultation with the medical staff, policies and transfer protocols consistent with this…
- § 1317.4 (a) All hospitals shall maintain records of each transfer made or received, including the “Memorandum of Transfer” described in subdivision (f) of Section…
- § 1317.4a (a) (1) Notwithstanding subdivision (j) of Section 1317.1, a patient may be transferred for admission to a psychiatric unit within a general acute care…
- § 1317.4b (a) A psychiatric unit within a general acute care hospital, as defined in subdivision (a) of Section 1250, a psychiatric health facility of more than 16 beds,…
- § 1317.5 (a) All alleged violations of this article and the regulations adopted hereunder shall be investigated by the state department. The state department, with the…
- § 1317.5a A health facility licensed under this chapter that maintains and operates an emergency department may post a notice in a conspicuous place in the emergency…
- § 1317.6 (a) Hospitals found by the state department to have committed or to be responsible for a violation of this article or the regulations adopted pursuant thereto…
- § 1317.7 (a) This article does not preempt any county or any other governmental agency acting within its authority from regulating emergency care or patient transfers,…
- § 1317.8 If any provision of this article is declared unlawful or unconstitutional in any judicial action, the remaining provisions of this chapter shall remain in…
- § 1317.9a (a) This article shall not be construed as altering or repealing Section 2400 of the Business and Professions Code. (b) Nothing in Sections 1317 et seq. and…
- § 1317.10 Notwithstanding Sections 1317 and 1317.2, Stanford Hospital and Clinics and Lucile Packard Children’s Hospital at Stanford shall be treated as a single…
- § 1318 (a) The director shall require as a condition precedent to the issuance, or renewal, of any license for a health facility, if the licensee handles or will…
- § 1319 The rules of a health facility may include provisions that require every member of the medical staff to have professional liability insurance as a condition to…
- § 1320 A skilled nursing facility or intermediate care facility shall not require patients to purchase drugs, or rent or purchase medical supplies or equipment, from…
- § 1321 No health facility shall advertise or represent in any way that it provides occupational therapy services unless such services are provided under the…
- § 1322 A hospital which contracts with an insurer, nonprofit hospital service plan, or health care service plan shall not determine or condition medical staff…
- § 1323 (a) A health facility, as defined by subdivisions (c) to (g), inclusive, of Section 1250, which has a significant beneficial interest in an ancillary health…
- § 1323.1 (a) A general acute care hospital shall notify each patient scheduled for a service in a hospital-based outpatient clinic when that service is available in…
ARTICLE 7.5. Intermediate Care Facilities’ Quality Assurance Fees §§ 1324–1324.14 · 9 sections
- § 1324 For purposes of this article, the following definitions shall apply: (a) (1) “Gross receipts” means gross receipts paid as compensation for services provided…
- § 1324.2 (a) As a condition for participation in the Medi-Cal program, there shall be imposed each state fiscal year upon the entire gross receipts of a designated…
- § 1324.4 (a) On or before August 31 of each year, each designated intermediate care facility subject to Section 1324.2 shall report to the department, in a prescribed…
- § 1324.6 (a) The Director of Health Services, or his or her designee, shall administer this article. (b) The director may adopt regulations as are necessary to…
- § 1324.8 (a) The quality assurance fee assessed and collected pursuant to this article shall be deposited in the General Fund. (b) Notwithstanding subdivision (a),…
- § 1324.9 (a) The Long-Term Care Quality Assurance Fund is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, moneys in the fund…
- § 1324.10 In addition to the rate of payment that an eligible facility would otherwise receive for intermediate care facility services provided to Medi-Cal…
- § 1324.12 (a) (1) The department shall seek approval from the federal Centers for Medicare and Medicaid Services for the implementation of this article. (2) If after…
- § 1324.14 In implementing this article, the department may utilize the services of the Medi-Cal fiscal intermediary through a change order to the fiscal intermediary…
ARTICLE 7.6. Skilled Nursing Facility Quality Assurance Fee §§ 1324.20–1324.30 · 11 sections
- § 1324.20 For purposes of this article, the following definitions shall apply: (a) (1) “Continuing care retirement community” means a provider of a continuum of…
- § 1324.21 (a) For facilities licensed under subdivision (c) of Section 1250, there shall be imposed each fiscal year a uniform quality assurance fee per resident day.…
- § 1324.22 (a) The quality assurance fee, as calculated pursuant to Section 1324.21, shall be paid by the provider to the department for deposit in the State Treasury on…
- § 1324.23 (a) The Director of Health Care Services, or their designee, shall administer this article. (b) Notwithstanding the rulemaking provisions of Chapter 3.5…
- § 1324.24 (a) The quality assurance fee assessed and collected pursuant to this article shall be deposited in the State Treasury. (b) Notwithstanding subdivision (a),…
- § 1324.25 The funds assessed pursuant to this article shall be available to enhance federal financial participation in the Medi-Cal program or to provide additional…
- § 1324.26 In implementing this article, the department may utilize the services of the Medi-Cal fiscal intermediary through a change order to the fiscal intermediary…
- § 1324.27 (a) In implementing this article, the department shall seek any federal approvals it deems necessary. This article shall be implemented only to the extent that…
- § 1324.28 (a) This article shall be implemented as long as both of the following conditions are met: (1) The state receives federal approval of the quality assurance fee…
- § 1324.29 (a) The quality assurance fee shall cease to be assessed after December 31, 2027. (b) Notwithstanding subdivision (a) and Section 1324.30, the department’s…
- § 1324.30 This article shall become inoperative after December 31, 2027, except that the department shall be authorized to conduct all necessary closeout activities…
ARTICLE 8. Management of Long-Term Health Care Facilities §§ 1325–1335 · 17 sections
- § 1325 The Legislature finds and declares that the transfer trauma which accompanies the abrupt and involuntary transfer of patients from one nursing home to another…
- § 1325.5 (a) It is the intent of the Legislature in enacting this section to empower the state department to take quick, effective action to protect the health and…
- § 1326 As used in this article, “long-term health care facility” means any skilled nursing facility, intermediate care facility, intermediate care…
- § 1327 (a) Whenever circumstances exist indicating that continued management of a long-term health care facility by the current licensee would present a substantial…
- § 1327.1 The state department shall investigate within 30 days of receipt of a complaint alleging that circumstances permitting a petition for receivership under…
- § 1327.2 In the event that the state department proceeds with a receivership petition, the state department shall hold an informational meeting in the affected…
- § 1327.3 Subdivision (b) of Section 1327 shall not be construed to prohibit the state department from including on its list of qualified receivers a consortium of…
- § 1327.5 No person shall impede the operation of a receivership created under Section 1327. There shall be an automatic stay for a 60-day period subsequent to the…
- § 1328 (a) Notwithstanding any other provision of law, the receiver shall be liable only for damages resulting from gross negligence in the operation of the facility…
- § 1329 (a) When a receiver is appointed, the licensee may, at the discretion of the court, be divested of possession and control of the facility in favor of the…
- § 1329.5 (a) A receiver may not be required to honor any lease, mortgage, or secured transaction entered into by the licensee of the facility and another party if the…
- § 1330 A monthly accounting shall be made by the receiver to the state department of all moneys received and expended by the receiver on or before the 15th day of the…
- § 1331 (a) The receiver shall be appointed for an initial period of not more than six months. The initial six-month period may be extended for additional periods not…
- § 1332 The salary of the receiver shall be set by the court commensurate with long-term health care facility industry standards, giving due consideration to the…
- § 1333 (a) To the extent state funds are advanced for the salary of the receiver or for other expenses in connection with the receivership, as limited by subdivision…
- § 1334 (a) Nothing in this article shall impair the right of the owner of a long-term health care facility to dispose of his or her property interests in the…
- § 1335 The state department shall adopt regulations for the administration of this article. Nothing in this article shall impair the authority of the state department…
ARTICLE 8.5. Long-Term Care Facility Advance Notification Requirements §§ 1336–1336.4 · 5 sections
- § 1336 (a) Notwithstanding any other law, a long-term health care facility shall give written notice to the affected residents or to the guardians of the affected…
- § 1336.1 (a) After notifying its affected residents, the facility shall, in response to inquiries made by prospective residents or their representatives, include…
- § 1336.2 (a) Before residents are transferred due to any change in the status of the license or operation of a facility, including a facility closure or voluntary or…
- § 1336.3 (a) In the event of an emergency, such as earthquake, fire, or flood that threatens the safety or welfare of the residents in a facility, the facility shall do…
- § 1336.4 Failure to comply with the requirements in Sections 1336 to 1336.3, inclusive, shall be subject to issuance of citations and imposition of civil penalties…
ARTICLE 9. Training Programs in Skilled Nursing and Intermediate Care Facilities §§ 1337–1338.6 · 17 sections
- § 1337 (a) The Legislature finds that the quality of patient care in skilled nursing and intermediate care facilities is dependent upon the competence of the…
- § 1337.1 A skilled nursing facility or intermediate care facility shall adopt an approved training program that meets standards established by the department. The…
- § 1337.15 (a) A person who provides instruction or training, at a skilled nursing facility or intermediate care facility or in an educational institution, as part of a…
- § 1337.16 (a) An online or distance learning nurse assistant training program shall comply with all of the following requirements: (1) Provide online instruction in…
- § 1337.2 (a) An applicant for certification as a certified nurse assistant shall comply with each of the following: (1) Be at least 16 years of age. (2) Have…
- § 1337.3 (a) (1) The department shall prepare and maintain a list of approved training programs for nurse assistant certification. The list shall include training…
- § 1337.4 Every skilled nursing or intermediate care facility shall designate a licensed nurse as a director of staff development who shall be responsible for the…
- § 1337.5 (a) Approved training programs shall be conducted during the normal working hours of the nurse assistant unless the nurse assistant receives at least the…
- § 1337.6 (a) Certificates issued under this article shall be renewed every two years and renewal shall be conditional upon the occurrence of all of the following: (1)…
- § 1337.8 (a) The state department shall investigate complaints concerning misconduct by certified nurse assistants and may take disciplinary action pursuant to Section…
- § 1337.9 (a) The Legislature finds and declares all of the following: (1) Recidivism is reduced when criminal offenders are given the opportunity to secure employment…
- § 1338 (a) The state department shall, through the Medi-Cal program, provide rate adjustments to skilled nursing or intermediate care facilities for the portion of…
- § 1338.1 The state department shall assign sufficient qualified employees to supervise and evaluate training programs required by this article.
- § 1338.2 (a) The state department shall convene a work group to develop recommendations to the department on ways to expand the availability of training programs and…
- § 1338.3 The State Director of Health Services may adopt emergency regulations pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title…
- § 1338.5 (a) (1) (A) A criminal record clearance shall be conducted for all nurse assistants by the submission of fingerprint images and related information to the…
- § 1338.6 (a) For purposes of Section 668.14 of Title 34 of the Code of Federal Regulations, the required minimum number of hours, or the equivalent, established in this…
ARTICLE 10. Primary Health Service Hospitals §§ 1339–1339.25 · 14 sections
- § 1339 The Legislature hereby finds and declares that: (a) In many areas, small, rural general acute care hospitals are experiencing financial difficulties brought…
- § 1339.3 It is, therefore, the intent of the Legislature to designate certain general acute care hospitals as primary health service hospitals, which will facilitate…
- § 1339.5 As used in this article, unless otherwise indicated: (a) “Health systems agency” means a health systems agency established pursuant to Public Law 93-641. (b)…
- § 1339.7 The state department shall administer the program authorized in this article. In administering the program, the state department shall do all of the following:…
- § 1339.8 The Office of Statewide Health Planning and Development shall review and approve the number of swing beds that may be designated pursuant to paragraph (4) of…
- § 1339.9 In order to be eligible for designation as a primary health service hospital, a hospital shall be licensed pursuant to subdivision (a) of Section 1250 and meet…
- § 1339.10 (a) The department may request and maintain employment information for nurse assistants and direct care staff of intermediate care facilities/developmentally…
- § 1339.11 Health systems agencies shall do all of the following: (a) Verify information in the health service plan received from hospitals in their respective health…
- § 1339.13 Any primary health service hospital, or any group thereof, may submit a health service plan to the state department when a public meeting, which satisfies the…
- § 1339.15 A primary health service hospital may request waivers pursuant to subdivision (d) of Section 1339.7, and Section 1339.25, authorization for swing beds pursuant…
- § 1339.17 A primary health service hospital may amend its health service plan. Such amendments shall be subject to the provisions of subdivision (c) of Section 1337.7…
- § 1339.19 The primary health service hospital shall operate under the following requirements: (a) The primary health service hospital shall be subject to the regulations…
- § 1339.21 (a) In accordance with the procedures prescribed in subdivision (h) of Section 1339.7, the state department shall terminate a hospital’s health service plan or…
- § 1339.25 Implementation of this article shall be consistent with federal rules and regulations in effect on January 1, 1979, and as adopted on or after such date. In…
ARTICLE 10.5. Special Hospital: Hospice §§ 1339.30–1339.36 · 7 sections
- § 1339.30 A Special Hospital: Hospice Pilot Project is hereby created. This pilot project shall be established and administered by the department, and shall consist of…
- § 1339.31 For the purposes of this article, the following definitions shall apply: (a) “Hospice” means a specialized form of multidisciplinary health care which is…
- § 1339.32 A special hospital: hospice shall be deemed to provide acute palliative care. All patients receiving inpatient care in a Special Hospital: Hospice Project…
- § 1339.33 Notwithstanding any other provisions of law, in order to be licensed as a special hospital: hospice, each project facility shall meet the requirements of…
- § 1339.34 (a) Each facility that is part of the project shall report to the Legislature at the end of each year of operation on all of the following factors: (1) Acuity…
- § 1339.35 The project shall commence on January 1, 1990. However, the State Department of Health Services may establish an earlier commencement date for any one of the…
- § 1339.36 The fee for each new or renewal application for a license for a Special Hospital: Hospice Pilot Project facility shall be the annual fee as set forth for…
ARTICLE 10.6. Hospice Licensing §§ 1339.40–1339.44 · 5 sections
- § 1339.40 For the purposes of this article, the following definitions apply: (a) “Bereavement services” has the same meaning as defined in subdivision (a) of Section…
- § 1339.41 (a) A person, governmental agency, or political subdivision of the state shall not be licensed as a hospice facility under this chapter unless the person or…
- § 1339.42 (a) No private or public organization, including, but not limited to, any partnership, corporation, or political subdivision of the state, or other…
- § 1339.43 (a) A hospice facility shall provide a home-like environment that is comfortable and accommodating to both the patient and patient’s visitors. (b) Building…
- § 1339.44 (a) A hospice facility shall provide, or make provision for, all of the following services and requirements: (1) (A) Medical direction and adequate staff.…
ARTICLE 11. Payers’ Bill of Rights §§ 1339.50–1339.59 · 9 sections
- § 1339.50 This article shall be known and may be cited as the Payers’ Bill of Rights.
- § 1339.51 (a) (1) Beginning July 1, 2004, a hospital, as defined in paragraph (2) of subdivision (b), shall make a written or electronic copy of its charge description…
- § 1339.52 A hospital may not condition acceptance of a contract with a health care service plan or health insurer upon the health care service plan or health insurer…
- § 1339.54 Any person may file a claim with the department alleging a violation of this article. The department shall investigate and inform the complaining person of its…
- § 1339.55 (a) Beginning July 1, 2004, each hospital shall file a copy of its charge description master annually with the office, in a format determined by the office.…
- § 1339.56 (a) Each hospital shall compile a list of 25 common outpatient procedures and shall submit annually to the office a list of its average charges for those…
- § 1339.58 Any information provided by the office on its Internet Web site pursuant to Section 1339.56 or 1339.57 may inform persons where quality of care information…
- § 1339.585 For a person without health coverage, a hospital shall provide the person with a written estimate of the amount the hospital will require the person to pay for…
- § 1339.59 (a) A hospital shall be in violation of this article if it knowingly or negligently fails to comply with the requirements of this article. (b) A hospital that…