SB 526: Health facilities: clinics.

Existing law requires the State Department of Public Health to license and regulate clinics, as defined. A violation of these provisions is a crime. Existing law requires any person, firm, association, partnership, or corporation desiring a license for a clinic to file with the department a verified application containing, among other things, the name and address of the clinic and the class of clinic to be operated. Existing law authorizes a clinic corporation, on behalf of a primary care clinic that has held a valid, unrevoked, and unsuspended license for at least the immediately preceding 5 years, with no demonstrated history of repeated or uncorrected violations of specified provisions that pose immediate jeopardy to a patient, and that has no pending action to suspend or revoke its license, to file an affiliate clinic application to establish a primary care clinic at an additional site or a mobile health care unit, which are referred to as affiliate clinics.

Existing law requires the department, upon receipt of the completed affiliate clinic application, to approve the license for the affiliate clinic, without the necessity of first conducting an initial onsite survey if specified conditions are met, including, among other things, the clinic corporation that operates the existing licensed primary care clinic has submitted a completed affiliate clinic application and the associated application fee. Existing law refers to the existing licensed primary care clinic as the parent clinic. Existing law requires the department to issue a clinic license within 30 days of receipt of a completed affiliate clinic application.

This bill would authorize a clinic corporation on behalf of at least one primary care clinic to file an affiliate clinic application pursuant to the above-described provisions for any of its primary care clinic locations to establish a new affiliate clinic. The bill would additionally require the affiliate clinic application to be signed by an officer of the clinic corporations board of directors or the clinic corporations chief executive officer or executive director. The bill would require the department to approve a license for the affiliate clinic if the conditions described above are met and the parent clinic is not itself an affiliate clinic.

This bill would authorize a primary care clinic that has held a valid, unrevoked, and unsuspended license for at least the immediately preceding five years, with no demonstrated history of repeated or uncorrected violations of specified provisions that pose immediate jeopardy to a patient, and that has no pending action to suspend or revoke its license, to apply to the department for a change of location using the affiliate clinic application mentioned above. The bill would authorize the department to approve the application and issue an updated license, consistent with the timeline mentioned above, without the necessity of first conducting an onsite survey.

Existing law requires the department to maintain a complete corporate file containing information about each clinic corporation operating one or more affiliate clinics, including, among other things, a copy of the clinic corporations articles of incorporation and bylaws. Existing law prohibits a clinic corporation from being required to resubmit specified information as part of an affiliate clinic application, unless the information, materials, or documents are necessary to complete the corporate file.

This bill would require a clinic corporation, before the closure of a parent clinic, to submit a request to the department to establish another primary care clinic as the parent clinic. The bill would prohibit the department from requiring the clinic corporation to resubmit specified information or materials unless there are any changes to the information in the corporate file maintained by the department. The bill would require the department to approve the request consistent with the timeline mentioned above provided the new parent clinic meets all of the requirements for a parent clinic, as mentioned above.

This bill would require any changes to the information provided to the department for a clinic to be filed on forms established and furnished by the department. Because this bill would change the scope 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.