AB 1752

Bill Subjects

Abstract

Under existing law, residents of long-term health care facilities have certain rights, including the right to be readmitted to a facility following a hospital stay, as specified, and the right, if denied readmission by the facility, to appeal this decision. Existing law establishes the State Health Facilities Citation Penalties Account within the Special Deposit Fund, available upon appropriation by the Legislature, for the protection of health or property of residents of long-term health care facilities. This bill would require the State Department of Health Care Services, if readmission is ordered on appeal and the facility refuses to readmit the resident, to assess a specified civil penalty against the facility each day, until the resident is readmitted or a maximum penalty amount is reached. The bill would require that these penalties be deposited into the State Health Facilities Citation Penalties Account. The bill would require the department to request that the Attorney General seek injunctive relief and damages pursuant to specified provisions of law. The bill would authorize the department to implement these provisions by means of letters, provider bulletins, or other similar instructions.