SB 1288: Health and care facilities: inspections.

Existing law establishes the State Department of Public Health and sets forth its powers and duties, including, but not limited to, the licensing and regulation of health facilities, as defined. Existing law requires that every health facility for which a license or special permit has been issued be periodically inspected by the State Department of Public Health, or by another governmental entity under contract with the department. Existing law requires the department to inspect those facilities for compliance with provisions of state law and regulations during a state periodic inspection, or at the same time as a federal periodic inspection.

Existing law requires the department to adopt regulations governing the operation of a health facility, including, but not limited to, regulations that require prescribed health facilities to meet minimum nurse-to-patient ratios, and to assign additional staff according to a documented patient classification system for determining nursing care requirements. Violation of these provisions, or willful or repeated violation of the rules or regulations, is a crime.

This bill would require state periodic inspections of health facilities to include reviews of compliance with the nurse-to-patient ratios and staff assignment regulations described above. The bill would require the department to ensure that these inspections are not announced in advance of the date of inspection.

Existing law requires the department to promulgate regulations establishing criteria to assess an administrative penalty against a general acute care hospital, acute psychiatric hospital, or special hospital. Until the effective date of specified regulations, existing law authorizes the department to assess the licensee an administrative penalty not to exceed $100,000, as specified, when a licensee of a hospital 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. After the effective date of these specified regulations, existing law authorizes the department to assess administrative penalties not to exceed $125,000, for a deficiency constituting an immediate jeopardy violation, as specified.

Existing law requires certain penalties collected by the department to be deposited into the Internal Departmental Quality Improvement Account, to be expended, upon appropriation, for internal quality improvement activities in the Licensing and Certification Program.

This bill would require the department to assess specified penalties for a violation of the nurse-to-patient ratios and staff assignment regulations described above. The bill would require those penalty moneys to be deposited into the State Department of Public Health Licensing and Certification Program Fund, to be expended, upon appropriation, for the purpose of enforcing those regulations.