CA SB 137
Title: Health omnibus trailer bill.
Author: Senate Budget and Fiscal Review Committee
Summary
SB 137, Committee on Budget and Fiscal Review. Health omnibus trailer bill. (1) The California Hospice Licensure Act of 1990 requires a person, political subdivision of the state, or other governmental agency to obtain a license from the State Department of Public Health to provide hospice services to an individual who is experiencing the last phase of life due to a terminal disease, as defined, and their family, except as provided. Existing law requires the department, by January 1, 2024, to adopt emergency regulations to implement the recommendations in a specified report of the California State Auditor. Existing law requires the department to maintain the general moratorium on new hospice agency licenses until the department adopts the regulations, but in no event later than March 29, 2024. Existing law requires the moratorium to end on the earlier of 2 years from the date that the California State Auditor publishes a report on hospice agency licensure, or the date the emergency regulations are adopted.This bill would instead require the moratorium to end on the date the emergency regulations are adopted and would extend the deadline by which the department is required to adopt those regulations to January 1, 2025.(2) Under existing law, the State Department of Health Care Services is responsible for licensing and certifying alcoholism and drug abuse recovery and treatment programs and facilities, including both residential and nonresidential programs. Existing law requires the department to charge a fee for the licensure or certification of these facilities and to evaluate licensing and certification fees annually, taking into consideration the overall cost of specified residential and outpatient licensing and certification activities of the department, plus a reasonable reserve. Existing law requires the department to submit proposed new fees or fee changes to the Legislature for approval, as specified, and prohibits new fees or fee changes without legislative approval. Existing law establishes the Residential and Outpatient Program Licensing Fund, consisting of fees, fines, and penalties collected from residential and outpatient programs.This bill would require any excess fees remaining in the Residential and Outpatient Program Licensing Fund at the end of each fiscal year to be carried forward and taken into consideration in setting the amount of fees imposed in the immediately subsequent fiscal year. The bill would authorize the department, no sooner than July 1, 2027, to approve a fee increase, up to and including 5 percent on an annual basis, as needed to address the costs of the licensing and certification activities described above. The bill would require the department to submit any proposed new fees or fee increases in excess of 5 percent to the Legislature for approval and would prohibit new fees or fee changes in excess of 5 percent to be implemented without legislative approval. The bill would require the department to develop a process for programs and facilities to apply for a hardship fee waiver and issue a provider bulletin detailing the application process for the hardship fee waiver that includes eligibility requirements for demonstrated need by July 1, 2024.Existing law requires the department to implement the licensing and certification provisions for alcoholism and drug abuse recovery and treatment programs and facilities through the Administrative Procedure Act. Existing law authorizes the department to implement new fees or fee changes by means of provider bulletins or similar action and to supersede the existing licensing and certification fees until the department amends the regulations. Existing law requires the department to notify and consult with interested parties and appropriate stakeholders regarding new fees or fee changes.This bill would remove the requirement that the department implement the licensing and certification provisions described above through the Administrative Procedures Act
Status
Chaptered by Secretary of State. Chapter 191, Statutes of 2023.
Bill Documents
CA SB 137 - 09/13/23 - Chaptered
09/13/23 - CA SB 137 (09/13/23 - Chaptered)
CA SB 137 - 09/13/23 - Enrolled
09/13/23 - CA SB 137 (09/13/23 - Enrolled)
CA SB 137 - 08/28/23 - Amended Assembly
08/28/23 - CA SB 137 (08/28/23 - Amended Assembly)
CA SB 137 - 01/18/23 - Introduced
01/18/23 - CA SB 137 (01/18/23 - Introduced)