2005 California Health and Safety Code Sections 1760-1761.8 FACILITIESHEALTH AND SAFETY CODE
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. 1760.6. (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.
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