AB 2405: Intensive behavioral health treatment facilities.

Existing law provides generally for the licensure and regulation of health facilities, including, but not limited to, general acute care hospitals, special hospitals, and acute psychiatric hospitals, by the State Department of Public Health. Existing law includes within the definition of a health facility a psychiatric health facility, defined as a health facility, licensed by the State Department of Health Care Services, as specified, to provide 24-hour inpatient care for individuals with mental health disorders.

This bill would additionally include an intensive behavioral health treatment facility, which would be licensed by the State Department of Public Health, within the definition of a health facility. The bill would define an intensive behavioral health treatment facility as a freestanding health facility that provides 24-hour inpatient intensive behavioral health treatment services to specified individuals with behavioral health conditions, including, but not limited to, eating disorders, with the intent of assisting clients in transitioning to lower levels of care. The bill would require a client of an intensive behavioral health treatment facility to have a primary care need of treatment for a behavioral health disorder, who is capable of performing age-appropriate activities of daily living without direct assistance, and meets other specified criteria. The bill would specify licensure application requirements similar to those applicable to psychiatric health facilities, and program aspects of intensive behavioral health treatment facilities for review and approval by the department. The bill would require the facility to develop and implement policies and procedures regarding discharge and transfer. The bill would prescribe various rights to which a client of an intensive behavioral health treatment is entitled, including, among others, the right to be free of interference, coercion, discrimination, and reprisal from the facility in exercising their rights, and the right to file a complaint with the department for any reason.

This bill would require the department to develop regulations to govern intensive behavioral health treatment facilities that are commensurate to the services provided to patients seeking less than acute care, as specified. The bill would require the department to establish a system for the imposition of civil sanctions against intensive behavioral health treatment facilities in violation of applicable laws and regulations. The bill would authorize the State Public Health Officer to impose those sanctions, including cease and desist orders and specified monetary sanctions, if it determines that there is or has been a failure, in a substantial manner, on the part of an intensive behavioral health treatment facility to comply with those laws and regulations.