AB 279

  • California Assembly Bill
  • 2021-2022 Regular Session
  • Introduced in Assembly
  • Assembly
  • Senate
  • Governor

Intermediate care facilities and skilled nursing facilities: COVID-19.

Abstract

(1) Existing law requires the State Department of Public Health to license, inspect, and regulate intermediate care facilities (ICF) and skilled nursing facilities (SNF) . Existing law generally requires an ICF or SNF to comply with certain procedures and disclosures when transferring ownership or management of the facility, as specified. Existing law imposes criminal penalties on a person who violates the requirements imposed on these facilities. This bill would prohibit an ICF or SNF, as defined, from terminating or making significant changes to its skilled nursing or supportive care services, or from transferring a resident to another facility, during any declared state of emergency relating to the coronavirus disease 2019 (COVID-19) , except if the owner files a bankruptcy petition. The bill would authorize a resident transfer only if the transfer is deemed medically necessary by a government agency, or the impacted resident or their representative provides written consent, as specified. The bill would require, for one year after termination of the same type of state of emergency, the owner of an ICF or SNF to issue a 6-month advance notice of any proposed sale or termination of the licensed operation of the facility to each resident and their representatives before the sale or termination goes into effect. The bill would also prohibit, during the same type of state of emergency, any changes in all conditions for the sale of assets imposed by the Attorney General, except if the owner of an ICF or SNF files a bankruptcy petition. During the same type of state of emergency, if a resident of an ICF or SNF, or an individual temporarily transferred to an ICF or SNF, has tested positive for COVID-19 within the previous 14 calendar days, the bill would require the ICF or SNF to notify all residents and their representatives about the existence of a new case of COVID-19, as specified, subject to state and federal privacy laws. By expanding the requirements and prohibitions imposed on a licensee of an ICF or SNF, and thereby expanding the scope of a crime, this bill would impose a state-mandated local program. The bill would repeal these provisions on January 1, 2026. (2) 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. (3) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Sponsors (2)

Votes


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Actions


Mar 26, 2021

Assembly

Re-referred to Com. on HEALTH.

  • Referral-Committee
Com. on HEALTH.

Mar 25, 2021

Assembly

From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.

Jan 28, 2021

Assembly

Referred to Com. on HEALTH.

  • Referral-Committee
Com. on HEALTH.

Jan 22, 2021

Assembly

From printer. May be heard in committee February 21.

Jan 21, 2021

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB279 HTML
01/21/21 - Introduced PDF
03/25/21 - Amended Assembly PDF

Related Documents

Document Format
No related documents.

Sources

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