Section 1250.2 Of Article 1. General From California Health And Safety Code >> Division 2. >> Chapter 2. >> Article 1.
1250.2
. (a) (1) As defined in Section 1250, "health facility"
includes a "psychiatric health facility," defined to mean a health
facility, licensed by the State Department of Health Care Services,
that provides 24-hour inpatient care for people with mental health
disorders or other persons described in Division 5 (commencing with
Section 5000) or Division 6 (commencing with Section 6000) of the
Welfare and Institutions Code. This care shall include, but not be
limited to, the following basic services: psychiatry, clinical
psychology, psychiatric nursing, social work, rehabilitation, drug
administration, and appropriate food services for those persons whose
physical health needs can be met in an affiliated hospital or in
outpatient settings.
(2) It is the intent of the Legislature that the psychiatric
health facility shall provide a distinct type of service to
psychiatric patients in a 24-hour acute inpatient setting. The State
Department of Health Care Services shall require regular utilization
reviews of admission and discharge criteria and lengths of stay in
order to ensure that these patients are moved to less restrictive
levels of care as soon as appropriate.
(b) (1) The State Department of Health Care Services may issue a
special permit to a psychiatric health facility for it to provide
structured outpatient services (commonly referred to as SOPS)
consisting of morning, afternoon, or full daytime organized programs,
not exceeding 10 hours, for acute daytime care for patients admitted
to the facility. This subdivision shall not be construed as
requiring a psychiatric health facility to apply for a special permit
to provide these alternative levels of care.
(2) The Legislature recognizes that, with access to structured
outpatient services, as an alternative to 24-hour inpatient care,
certain patients would be provided with effective intervention and
less restrictive levels of care. The Legislature further recognizes
that, for certain patients, the less restrictive levels of care
eliminate the need for inpatient care, enable earlier discharge from
inpatient care by providing a continuum of care with effective
aftercare services, or reduce or prevent the need for a subsequent
readmission to inpatient care.
(c) Any reference in any statute to Section 1250 of the Health and
Safety Code shall be deemed and construed to also be a reference to
this section.
(d) Notwithstanding any other law, and to the extent consistent
with federal law, a psychiatric health facility shall be eligible to
participate in the medicare program under Title XVIII of the federal
Social Security Act (42 U.S.C. Sec. 1395 et seq.), and the medicaid
program under Title XIX of the federal Social Security Act (42 U.S.C.
Sec. 1396 et seq.), if all of the following conditions are met:
(1) The facility is a licensed facility.
(2) The facility is in compliance with all related statutes and
regulations enforced by the State Department of Health Care Services,
including regulations contained in Chapter 9 (commencing with
Section 77001) of Division 5 of Title 22 of the California Code of
Regulations.
(3) The facility meets the definitions and requirements contained
in subdivisions (e) and (f) of Section 1861 of the federal Social
Security Act (42 U.S.C. Sec. 1395x(e) and (f)), including the
approval process specified in Section 1861(e)(7)(B) of the federal
Social Security Act (42 U.S.C. Sec. 1395x(e)(7)(B)), which requires
that the state agency responsible for licensing hospitals has ensured
that the facility meets licensing requirements.
(4) The facility meets the conditions of participation for
hospitals pursuant to Part 482 of Title 42 of the Code of Federal
Regulations.