Article 10 - Primary Health Service Hospitals

California Health and Safety Code — §§ 1339-1339.25

Sections (9)

Amended by Stats. 1982, Ch. 1010, Sec. 1.

The Legislature hereby finds and declares that:

(a)In many areas, small, rural general acute care hospitals are experiencing financial difficulties brought upon partially because of governmental regulations and underutilization of acute care beds.

(b)Closure of such facilities, in most cases, would represent a direct threat to the health and well-being of both the resident and tourist populations served by these facilities.

(c)Availability and accessibility

to primary and preventive health care services could be greatly improved through coordination with existing resources in the area.

(d)Because of the special attributes of the small, rural general acute care hospital, such as longevity, focus of community support, critical geographic location, and availability of services, such facilities could serve as the major focal point for the promotion of health and the delivery of health care services within the rural community.

(e)There is a lack of systematic study and evaluation of the economics of efficiently operating small rural hospitals and the ways in which these hospitals might more effectively meet the health needs of their communities.

§ 1339.10

Added by renumbering Section 1339.9 (as added by Stats. 1998, Ch. 716, Sec. 1) by Stats. 2015, Ch. 303, Sec. 248. (AB 731) Effective January 1, 2016.

(a)The department may request and maintain employment information for nurse assistants and direct care staff of intermediate care facilities/developmentally disabled, other than state-operated intermediate care facilities/developmentally disabled that secure criminal record clearances for employees through another method, intermediate care facilities/developmentally disabled-habilitative, or intermediate care facilities/developmentally disabled-nursing.

(b)Within five working days of receipt of a criminal record or information from the Department of Justice pursuant to Section 1338.5, the department shall notify the licensee and applicant of any criminal convictions.

(c)The department shall conduct a feasibility study to assess the additional technology requirements necessary to include previous and current employment information on its registry and to make that information available to potential employers. The department shall report to the Legislature by July 1, 2000, as to the results of the study.

§ 1339.11

Repealed and added by Stats. 1982, Ch. 1010, Sec. 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 service area.

(b)Within 45 days make a recommendation, including findings, to the state department regarding the need for, and ability of the hospital to implement its health services plan for hospitals in their respective health service area.

(c)Upon contracting with the state department, provide

technical assistance to primary health service hospitals in the preparation of health services pursuant to Section 1339.15.

(d)In the event a health systems agency is unable to perform the functions, the state department shall perform those functions.

§ 1339.13

Repealed and added by Stats. 1982, Ch. 1010, Sec. 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 following criteria, has been conducted in the community by the hospital with respect to such hospital’s health service plan for the community, or when more than one hospital is involved, in the communities for which the hospitals propose to provide primary health service hospital services:

(a)The plan is made available for public review at least two weeks prior to the public meeting.

(b)Notices announcing the public meeting are posted in publicly visible places in the community and at the hospital at least 10 days prior to the public meeting.

(c)A public notice is published in a newspaper of general circulation not less than 10 or more than 20 days prior to the public meeting.

§ 1339.15

Repealed and added by Stats. 1982, Ch. 1010, Sec. 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 to Section 1339.8 and seek the benefits pursuant to subdivision (l) of Section 1339.7 by submitting a health service plan. The health service plan shall be submitted to the state department and the health systems agency and shall contain the following as appropriate and dependent on the needs of the community:

(a)A description of the hospital’s current capabilities with emphasis on the following:

(1)Primary and preventive care services including life saving services.

(2)Community access to health services.

(3)Cost effectiveness.

(b)Additionally, and as appropriate, the plan shall include:

(1)A description of any services to be deleted from those authorized by license at the time the plan is submitted with a description of the impact the deletion of this service will have on the community.

(2)A description of any services to be added to those authorized by license at the time the plan is submitted, including evidence of market feasibility, methods and schedule for plan implementation, evidence of

community and medical staff support of the plan, and evidence of coordination with other health providers and services in the community.

(3)Requests for waivers or exemptions which do not jeopardize the health, safety, and well-being of patients affected, and which are needed for increased operational efficiency or to implement the health service plan.

(4)Identification of the number of acute care beds in the hospital, if any, requested for use as swing beds, depending upon community need and projected utilization, including a description of the way in which medical care will be provided to those patients and a description of how the facility will provide for the transfer of long-term care patients when the need for acute care beds develops.

§ 1339.17

Amended by Stats. 1982, Ch. 1010, Sec. 16.

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 and Section 1339.13. Amendments shall not be made to such plan solely for the purpose of circumventing sanctions administered for noncompliance with such hospital’s health service plan.

§ 1339.19

Amended by Stats. 1983, Ch. 1285, Sec. 5.

The primary health service hospital shall operate under the following requirements:

(a)The primary health service hospital shall be subject to the regulations contained in Division 5 (commencing with Section 70001) of Title 22 of the California Administrative Code that are not waived as a result of the health service plan or subsequent amendments to such plan.

(b)Services offered by the primary health service hospital shall be limited in scope according to its license or authorized by an approved health service plan, and

any subsequent amendments thereto.

(c)All or a portion of the health service plan shall be implemented, based upon an agreed timetable between the state department and the hospital, and to the extent that state and federal requirements are waived.

(d)The hospital shall remain in compliance with its plan in accordance with subdivision (c).

§ 1339.21

Amended by Stats. 1982, Ch. 1010, Sec. 19.

(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 its designation as a primary health service hospital, or both, when it finds that the hospital is not in compliance with Section 1339.19 or the welfare or safety of the patients served by the facility is adversely affected, or both.

(b)A primary health service hospital may terminate its designation or health service plan, or both, after giving a 30-day notice to the state department.

(c)Upon termination from the project, as prescribed by this section, the hospital shall revert to the same status it held immediately preceding its designation or approval of its plan, or both.

§ 1339.25

Amended by Stats. 1982, Ch. 1010, Sec. 21.

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 keeping with the intent in enacting this article and to the extent permitted by federal law, each department within the Health and Welfare Agency may waive requirements, provide exemptions to the enforcement of statutes upon which the requirements were based, allow flexible enforcement of regulations and policies, and make resources available which are necessary for the administration of this article, including technical assistance to primary health service hospitals in developing their health

service plans.