Health facilities: staffing.

Existing law regulates general acute care hospitals, acute psychiatric hospitals, and special hospitals, as defined. Existing law required, by January 1, 2002, the State Department of Public Health to adopt regulations establishing the minimum, specific, and numerical licensed nurse-to-patient ratios by licensed nurse classification and by hospital unit for general acute care hospitals, acute psychiatric hospitals, and special hospitals. Existing law requires these ratios to constitute the minimum number of registered and licensed nurses that shall be allocated and additional staff to be assigned in accordance with a documented patient classification system for determining nursing requirements. Existing law requires the department to promulgate regulations that include specified criteria for the purpose of assessing an administrative penalty against general acute care hospitals, acute psychiatric hospitals, and special hospitals. Existing law authorizes the department to assess a licensee of these hospitals an administrative penalty, as specified, for a violation of existing law or for a deficiency constituting an immediate jeopardy violation, except that no penalty shall be assessed if it is a minor violation. Existing law provides that a person who willfully or repeatedly violates a rule or regulation adopted pursuant to these provisions is guilty of a misdemeanor. This bill would eliminate the requirement that the department promulgate regulations to assess an administrative penalty, as well as associated provisions, and instead would require the department to use the specified criteria to determine the amount of the administrative penalty. This bill would require general acute care hospitals to maintain a patient classification system that is reviewed and updated annually. By requiring general acute care hospitals to maintain a patient classification system, this bill would expand the definition of a crime and would impose a state-mandated local program. Existing law requires that every health facility for which a license or special permit has been issued shall be periodically inspected by the State Department of Public Health, or by another governmental entity under contract with the department. Existing law requires the department to inspect the facility for compliance with provisions of state law and regulations during a state periodic inspection, or at the same time as a federal periodic inspection. This bill would require the inspections to include review of compliance with state requirements for staffing, including the regulations adopted by the department establishing nurse-to-patient ratios and regulations regarding patient classification systems. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.