LEGISLATIVE UPDATE - 7/22/2024

AB 486 (Kalra) - Long-term health facilities: citation appeals. This bill would delete the civil action provisions for contesting a class “AA” or “A” citation under these provisions, and would make those citation classifications subject to the administrative proceedings applicable for contesting a class “B” citation. CAHF has met with the author’s staff and has taken an oppose unless amended position on the bill, with proposed amendments to provide an option for binding arbitration in lieu of the facility filing a civil case in superior court. AB 486 failed to meet the deadline for passage out of committee and is dead for the legislative session.

AB 1331 (Wood) - California Health and Human Services Data Exchange Requirements. This bill would require the Center for Data Insights and Innovation to take over establishment, implementation, and all the functions related to the California Health and Human Services Data Exchange Framework on or before January 1, 2024, subject to an appropriation in the annual Budget Act. The bill would require the center to establish the CalHHS Data Exchange Board, with specified membership, to develop recommendations and to review, modify, and approve any modifications to the Data Exchange Framework data sharing agreement, among other things. The bill would require the center to submit an annual report to the Legislature that includes required signatory compliance with the data sharing agreement, assessment of consumer experiences with health information exchange, and evaluation of technical assistance and other grant programs. The bill would require the center, by July 1, 2024, to establish a process to designate qualified health information organizations according to specified criteria. AB 1331 is in the Senate.

AB 1537 (Wood) - Skilled nursing facilities: direct care spending requirement.  This bill would require a SNF to expend at least 85% of its non-federal health-related revenue on direct patient care, including rent/lease costs and professional liability insurance. This is a re-introduction of AB 2079 which was passed out of the Legislature in 2022 and vetoed by the Governor. CAHF had no position on AB 2079 due to the addition of requested amendments. AB 1537 is a two-year bill that passed out of the Assembly in 2023 and is now in the Senate. The bill is expected to be amended in early August and CAHF will be opposed based on the proposed amendments.  

AB 2075 (Alvarez) - Resident-Designated Support Persons Act. This bill would enact the Resident-Designated Support Persons Act. The act would provide a resident of a long-term care facility with the right to in-person, onsite access to a designated support person or a health care and social services provider during a public health emergency in which visitation rights of residents are curtailed by a state or local order, as specified. The act would provide how a resident may leave their long-term care facility on outings during a public health emergency. The act would require a long-term care facility, among other things, to provide safety protocols required of care staff, designated support persons, and other visitors to the residents, resident representatives, and residents’ designated support persons orally and in writing. CAHF has a support position on AB 2075. This bill is in the Senate Appropriations.

AB 2131 (Valencia) - Certified nurse assistant training programs. This bill would require CDPH to publish an update of approved training programs at least twice annually, and to include the competency test pass rates, aggregated by the language in which the test was taken. The bill would require the department, no later than December 31, 2025, to provide, or contract with an approved vendor to provide, a nurse assistant certification examination that includes the option to take the written and oral competency examination in Spanish. CAHF has a support position on AB 2131. AB 2131 is in the Senate.

AB 2773 (Kalra) - Elder and Dependent Adults: Abuse or Neglect. This bill would apply a preponderance of the evidence standard to any claim brought against a residential care facility for the elderly or a skilled nursing facility, except as specified, for remedies sought pursuant to the above provisions, upon circumstances in which spoliation of evidence, as defined, has been committed by the defendant, as specified.  CAHF has an oppose position on this bill and is working with a coalition of other organizations to oppose the bill. AB 2773 is in the Senate Appropriations Committee.

AB 3129 (Wood) - Health care system consolidation. This bill would require a private equity group or a hedge fund, as defined, to provide written notice to, and obtain the written consent of, the Attorney General prior to a change of control or an acquisition between the private equity group or hedge fund and a health care facility or provider group, as those terms are defined, except as specified. The bill would require the notice to be submitted at the same time that any other state or federal agency is notified pursuant to state or federal law, and otherwise at least 90 days before the change in control or acquisition. The bill would authorize the Attorney General to extend that 90-day period under certain circumstances. The bill would additionally require a private equity group or hedge fund to provide advance written notice to the Attorney General prior to a change of control or acquisition between a private equity group or hedge fund and a nonphysician provider, or a provider with specified annual revenue. This bill is in the Senate Judiciary Committee.

SB 895 (Roth) - Community colleges: Baccaulaureate Degree in Nursing Pilot Program. This bill would  require the Chancellor of the California Community Colleges to develop a Baccalaureate Degree in Nursing Pilot Program that authorizes select community college districts to offer a Bachelor of Science in Nursing degree. The bill would limit the pilot program to 15 community college districts statewide and would require the chancellor to identify eligible community college districts based on specified criteria. The bill would require the Legislative Analyst’s Office to conduct an evaluation of the pilot program to determine the effectiveness of the program and the need to continue or expand the program. The bill would repeal these provisions as of January 1, 2031. CAHF has taken a support position. This bill is in the Assembly Higher Education Committee.

SB 1319 (Wahab) - Skilled nursing facilities: approval to provide therapeutic behavioral health programs.  This CAHF-sponsored bill would allow a licensed skilled nursing facility that proposes to provide therapeutic behavioral health programs in an identifiable and physically separate unit of a skilled nursing facility, and that is required to submit an application and receive approvals from multiple departments, as specified above, to apply simultaneously to those departments for review and approval of application materials. The bill, when an applicant for approval from one of the specified departments is unable to complete the approval process because the applicant has not obtained required approvals and documentation from one or both of the other departments, would authorize the applicant to submit all available forms and supporting documentation, along with a letter estimating when the remaining materials will be submitted.  This bill is in the Assembly Appropriations Committee.

SB 1354 (Wahab) - Health Facilities Payment Source. This bill would require a long-term health care that participates as a provider under the Medi-Cal program to provide aid, care, service, or other benefits available under Medi-Cal to Medi-Cal beneficiaries in the same manner, by the same methods, and at the same scope, level, and quality as provided to the general public, regardless of payment source. CAHF has an oppose position on SB 1354 and proposed amendments to remove the requirement for facilities to post their daily census on their website and to remove the codification of language from the Medi-Cal provider contract.  Amendment negotiations on ongoing. This bill is in the Assembly Appropriations Committee.

SB 1511 (Health Comm) - Omnibus Bill. This is the Senate Health Omnibus bill that includes provisions for a 2-year delay in the implementation of AB 2511 related to alternative power sources. CAHF requested a 5-year delay in the January 1, 2024 implementation deadline for AB 2511 to be made through action in the state budget.  This language is the result of CAHF submitting a request to the Governor’s office and has been connecting with legislators to advocate for a delay.  This bill is in Assembly Appropriations Committee. CAHF is in support of this bill.