California Hospice Licensure Act of 1990.

(1) The California Hospice Licensure Act of 1990 generally requires a person, political subdivision of the state, or other governmental agency to obtain a license from the State Department of Public Health to provide hospice to an individual who is experiencing the last phase of life due to a terminal disease and their family, except as provided. The act imposes criminal penalties on any person who violates any provision of the act or any rule or regulation promulgated under the act. This bill would prohibit a hospice provider, employed hospice staff, or an agent for the hospice from paying referral sources for the referral of patients to the hospice. The bill would prohibit a hospice salesperson, recruiter, agent, or employee who receives compensation or remuneration for hospice referrals or admissions from providing consultation on hospice services, hospice election, or informed consent to a patient, patient's family, or patient's representative. The bill would require a specified person, including a registered nurse or medical social worker, to complete the election of hospice, informed consent, completed signatures, and counsel on the election of hospice with a patient, patient's family, or patient's representative. The bill would require a hospice to provide verbal and written notice of the patient's rights and responsibilities to the patient or the patient's representative, in a language and manner the person understands, before providing care. Because the bill would expand the scope of the crime applicable for a violation of the act, the bill would impose a state-mandated local program. (2) 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.