SECTIONS 1760-1761.8 - California Statutes

HEALTH AND SAFETY CODE

SECTION 1760-1761.8

1760. In enacting this chapter, it is the intent of the Legislature
to create, within the state department, a program for licensing
pediatric day health and respite care facilities to serve the needs
of medically fragile and terminally ill children and their families.

1760.2. As used in this chapter, the following definitions shall
apply:
(a) "Pediatric day health and respite care facility" means a
facility which provides an organized program of therapeutic social
and day health activities and services and limited 24-hour inpatient
respite care to medically fragile children 21 years of age or
younger, including terminally ill and technology dependent children.
(b) "Medically fragile" means having an acute or chronic health
problem which requires therapeutic intervention and skilled nursing
care during all or part of the day. Medically fragile problems
include, but are not limited to, HIV disease, severe lung disease
requiring oxygen, severe lung disease requiring ventilator or
tracheostomy care, complicated spina bifida, heart disease,
malignancy, asthmatic exacerbations, cystic fibrosis exacerbations,
neuromuscular disease, encephalopathies, and seizure disorders.
(c) "Technology-dependent child" means a person from birth through
21 years of age who has a chronic disability, requires the routine
use of a specific medical device to compensate for the loss of use of
a life sustaining body function, and requires daily, ongoing care or
monitoring by trained personnel.
(d) "Respite care" means day and 24-hour relief for the parent or
guardian and care for the child. Twenty-four hour inpatient respite
care includes, but is not limited to, 24-hour nursing care, meals,
socialization, and developmentally appropriate activities. As used in
this chapter, "24-hour inpatient respite care" is limited to no more
than 30 intermittent or continuous days per patient per calendar
year.
(e) "Comprehensive case management" means locating, coordinating,
and monitoring services for the eligible client population and
includes all of the following:
(1) Screening of client referrals to identify those persons who
can benefit from the available services.
(2) Comprehensive client assessment to determine the services
needed.
(3) Coordinating the development of an interdisciplinary
comprehensive care plan.
(4) Determining individual case cost effectiveness and available
sources of funding.
(5) Identifying and maximizing informal sources of care.
(6) Ongoing monitoring of service delivery to determine the
optimum type, amount, and duration of services provided.
(f) "License" means a basic permit to operate a pediatric day
health and respite care facility. With respect to a health facility
licensed pursuant to Chapter 2 (commencing with Section 1250),
"license" means a special permit authorizing the health facility to
provide pediatric day health and respite care services as a separate
program in a distinct part of the facility.
(g) "State department" means the State Department of Health
Services.

1760.4. (a) The state department shall develop and adopt
regulations for the licensure of, and shall license, pediatric day
health and respite care facilities. The regulations shall include
minimum standards for the following:
(1) Adequacy, safety, and sanitation of the physical plant and
equipment.
(2) Staffing with duly qualified personnel.
(3) Training of the staff.
(4) Providing the services offered.
These regulations shall be filed with the Secretary of State no
later than July 1, 1993.
(b) The state department shall establish within the state
department an advisory committee of experts to assist in the
development of the regulations required pursuant to this section. A
representative of the state department shall act as chairperson of
the committee. The members of the committee shall serve without
compensation, but shall be reimbursed by the state department for all
necessary expenses incurred in the actual performance of their
duties. To the extent sufficient funds have been appropriated in the
Budget Act, the state department may provide staff support to the
committee as the state department deems is necessary for the conduct
of the committee's business. The committee shall meet at the state
director's pleasure until the time that the proposed regulations are
presented for adoption at the public hearing.
(c) Pending adoption of the regulations pursuant to subdivision
(b), an entity may be licensed as a pediatric day health and respite
care facility if it meets interim regulations administered by the
state department for congregate living health facilities pursuant to
Section 1267.13.

1760.5. The annual Licensing and Certification Program fee for a
pediatric day health and respite care facility, as defined in Section
1760.2, shall be set in accordance with Section 1266.

1760.6. (a) A pediatric day health and respite care facility shall
provide all of the following services:
(1) Medical.
(2) Nursing.
(3) Pharmacy.
(4) Nutrition.
(5) Socialization.
(6) Developmentally appropriate activities.
(b) Services which may be provided by a pediatric day health and
respite care facility include, but are not limited to, any of the
following:
(1) Physical therapy.
(2) Developmental services.
(3) Occupational and speech therapy.
(4) Educational and psychological services.
(5) Respite care.
(6) Instruction for parents or guardians.
(7) Comprehensive case management, if not otherwise available for
the client.

1760.8. (a) A pediatric day health and respite care facility may
establish admission criteria based upon the compatibility of the
developmental needs of the persons served and the facility's ability
to meet those needs. All admission criteria established by the
facility shall be approved by the state department.
(b) A child accepted for care in a pediatric day health and
respite care facility shall satisfy all of the following criteria:
(1) Be medically stable, as determined by the child's attending
physician and surgeon.
(2) Be under the care of a physician and surgeon who approves the
plan of care.
(3) Have current immunization records unless medically
contraindicated as stated by the child's attending physician and
surgeon at the time of admission and pose no significant risk of
infection to others in the facility.
(4) Have the consent of the parent or legal guardian for the
admission.

1761. Pediatric day health and respite care facilities shall be
separately licensed.

1761.2. (a) Pediatric day health and respite care facilities shall
meet the same fire safety standards adopted by the State Fire Marshal
that apply to community care facilities, as defined in Section 1502,
of similar size and with clients of similar age and ambulatory
status. No other state or local requirements relating to fire safety
shall apply to these facilities and the requirements in this section
shall be uniformly enforced by state and local fire authorities.
(b) Pediatric day health and respite care facilities shall meet
the same seismic safety standards that apply to community care
facilities, as defined in Section 1502, of similar size and with
clients of similar age and ambulatory status. No additional state or
local requirements relating to seismic safety shall apply to these
facilities.

1761.4. A pediatric day health and respite care facility of six
beds or less shall be considered a residential use of property for
purposes of any zoning ordinance or law related to the residential
use of property. This section does not prohibit any city, county, or
other local public entity from placing restrictions on building
heights, setback, lot dimensions, or placement of signs of a
pediatric day health and respite care facility as long as those
restrictions are identical to those applied to single-family
residences.

1761.6. A pediatric day health and respite care facility shall
conspicuously post the license, or a true copy thereof, in a location
accessible to public view.

1761.8. A pediatric day health and respite care facility shall not
be subject to architectural plan review or field inspection by the
Office of Statewide Health Planning and Development. However, as part
of the application for licensure, an applicant shall submit evidence
of compliance with local building code requirements. In addition,
the physical environment shall be adequate to provide the level of
care and service required by the clients of the facility as
determined by the state department.