§ 1339.43. — 1339.43. (Amended by Stats. 2013, Ch. 289, Sec. 2.)

California § 1339.43.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 2.: DIVISION 2. LICENSING PROVISIONS
• Ch. 2.: CHAPTER 2. Health Facilities
• Art. 10.6.: ARTICLE 10.6. Hospice Licensing

Text

(a)
A hospice facility shall provide a home-like environment that is comfortable and accommodating to both the patient and patient’s visitors.
(b)
Building standards for hospice facilities adopted pursuant to this chapter relating to fire and panic safety, and other regulations for hospice facilities adopted pursuant to this chapter, shall apply uniformly throughout the state. No city, county, city and county, including a charter city or charter county, or fire protection district shall adopt or enforce any ordinance or local rule or regulation relating to fire and panic safety in buildings or structures subject to this section that is inconsistent with the rules and regulations for hospice facilities adopted pursuant to this chapter.
(c)
The hospice facility shall meet the fire protection standards set forth in the federal Medicare conditions of participation (42 C.F.R. Part 418 et seq.).
(d)
A hospice facility may operate as a freestanding health facility.
(1)
Until the Office of the State Fire Marshal, in consultation with the Office of Statewide Health Planning and Development, develops and adopts building
standards for hospice facilities, a freestanding hospice facility shall meet applicable building standards and requirements relating to the physical environment of the facility as specified in Section
418.110 of Title 42 of the Code of Federal Regulations. The building standards developed shall, at a minimum, maintain the requirements specified in that section.
(2)
A freestanding hospice facility shall be under the jurisdiction of the local building department. As part of the license application, the prospective licensee shall submit evidence of compliance with applicable building standards for hospice facilities.
(3)
The physical environment of the hospice facility shall be adequate to provide the level of care and service required by the residents of the facility as determined by the department.
(e)
A hospice facility may be located within the physical plant of
another health facility.
(1)
Notwithstanding subdivision (d) and paragraphs (8) and (9) of subdivision (b) of Section 129725, a hospice facility located within the physical plant of another licensed health facility that is under the jurisdiction of the Office of Statewide Health Planning and Development, shall meet the building standards for that category of health facility within which the hospice facility is located, and plans shall be submitted to the office for review of any new construction or renovation of these hospice facilities. As part of the license application, the prospective licensee shall submit evidence of compliance with the building codes enforced by the Office of Statewide Health Planning and Development.
(2)
The physical environment of the facility shall be adequate to provide the level of care and service required by the residents of the facility as determined
by the department.
(3)
In the event the space used by the hospice facility reverts back to the facility with which the hospice facility shared the space, the building standards applicable to the former shared space, as identified by date of enactment of the standards, shall not change due solely to the reversion.
(4)
A hospice facility that provides inpatient hospice care and is located within, adjacent to or physically connected to another health facility shall provide all of the following:
(A)
A designated nursing station.
(B)
Adequate space for the preparation of drugs with lockable, secure storage that is accessible only by authorized personnel.
(C)
Signage that shall clearly demarcate
the hospice facility area from the facility with which the hospice facility shares space.
(D)
Doors for every exit and entrance to the hospice facility.
(E)
Contiguous beds within the designated area set aside for the hospice facility.
(f)
If a freestanding hospice facility is located on the site of or is physically connected to a health facility that is under the jurisdiction of the Office of Statewide Health Planning and Development or both, the hospice facility shall submit plans for any new construction or renovation of the hospice facility to the office for plan review and approval. The Office of Statewide Health Planning and Development shall review the hospice facility plans to identify any impacts to the health facility under the office’s jurisdiction that may compromise the health facility’s continued
compliance with applicable laws and regulations.

Legislative History

Amended by Stats. 2013, Ch. 289, Sec. 2. (SB 816) Effective January 1, 2014.