AB 728

Rules and standards that apply to hospitals

Under current state law, the Department of Health Services (DHS) must

promulgate, adopt, amend, and enforce rules and standards for the construction,

maintenance, and operation of hospitals that are deemed necessary to provide safe

and adequate care and treatment of the patients in hospitals and to protect the

health and safety of hospital patients and employees. On receipt of an application,

DHS must issue a certificate of approval to maintain a hospital if the applicant and

hospital facilities meet the requirements established by DHS.

Under current federal law, a hospital participating in the federal Medicare

program must satisfy certain requirements, including requirements set out in

federal regulations promulgated by the federal Centers for Medicare and Medicaid

Services in the United States Department of Health and Human Services (CMS).

These federal regulations are known as the federal conditions for Medicare

participation for hospitals (COP). Certain hospitals designated as "critical access

hospitals" pursuant to federal law operate under a different COP.

This bill generally provides that, effective July 1, 2016:

1. DHS must use and enforce the COPs as the minimum standards that apply

to hospitals. DHS must interpret the COPs using guidelines adopted by CMS, unless

DHS determines that a different interpretation is reasonably necessary to protect

public health and safety.

2. DHS may not, except as described below, enforce certain administrative

rules pertaining to hospitals that were promulgated by DHS that are currently in

effect, including rules pertaining to management of hospitals, hospital medical staff,

and required services in hospitals.

3. DHS must, within the scope of its rulemaking authority, promulgate rules

to repeal and recreate its current rules pertaining to hospitals. Upon promulgation

of a rule to repeal and recreate its current rules pertaining to hospitals, the

prohibition against enforcement of DHS's rules no longer applies.

The bill also eliminates a restriction in current law providing that nothing in

DHS's rules or standards for hospitals may pertain to a person licensed to practice

medicine and surgery or dentistry.

Other changes to laws regulating hospitals

The bill makes other changes to the laws regulating hospitals. Significant

changes to current law in the bill include the following:

1. Current law provides that the building codes and construction standards of

the Department of Safety and Professional Services (DSPS) apply to all hospitals.

Current law also allows DHS to promulgate and adopt rules and standards for the

construction of hospitals, but provides that DHS may adopt additional construction

codes and standards for hospitals only if they are not lower than the requirements

of DSPS.