AB 2874: Health facilities: notice: Attorney General.

(1)Existing law requires the State Department of Public Health to inspect and license health facilities, as specified. Existing law requires a hospital that provides emergency medical services to, as soon as possible, but not later than 90 days prior to a planned reduction or elimination of the level of emergency medical services, provide notice of the intended change to the department, other specified entities, and the public. Existing law requires a health facility implementing a downgrade or change to make reasonable efforts to ensure that the community it serves is informed of the downgrade or closure. Existing law also requires a health facility to provide public notice, as specified, not less than 30 days prior to closing the facility, eliminating a supplemental service, as defined, or relocating the provision of supplemental services to a different campus.

This bill would require a hospital that provides emergency medical services or a health facility to provide notice, as specified, at least 180 days before making the changes described above. The bill would also require a hospital that provides emergency medical services to additionally provide notice to the Attorney General before a planned reduction or elimination of the level of emergency medical services.

(2)Existing law requires any nonprofit corporation, as defined, that operates or controls a health facility or operates or controls a facility that provides similar health care, to provide written notice to, and obtain the written consent of, the Attorney General prior to agreeing to sell or otherwise dispose of a material amount of its assets to another nonprofit corporation or entity. Existing law authorizes the Attorney General to consider, before consenting to an agreement to sell or dispose of assets to these corporations or entities, whether the terms and conditions of the agreement or transaction are fair and reasonable to the nonprofit corporation, and whether the agreement or transaction is at a fair market value, as specified. Existing law requires the Attorney General to conduct one or more public meetings to hear comments from interested parties, as specified, and to notify the nonprofit corporation in writing of the decision to consent to, give conditional consent to, or not consent to the agreement or transaction within 90 days of the receipt of the written notice, as specified.

This bill would require a health facility, as defined, to provide written notice to the Attorney General pursuant to the notice and consent requirements described above not less than 180 days prior to closing the facility or eliminating a supplemental service, as defined. The bill would prohibit a health facility from closing the facility or eliminating a supplemental service prior to obtaining the written consent of the Attorney General, as specified. General. The bill would require the Attorney General to conduct one or more public meetings to hear comments from interested parties, as specified, and to notify the facility in writing of the decision to consent to, give conditional consent to, or not consent to the closure or elimination of service within 90 days of the receipt of the written notice, as specified.

(3)Under existing law, violation of the provisions relating to health facility licensure is a misdemeanor.

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.