Section 1253.6 Of Article 1. General From California Health And Safety Code >> Division 2. >> Chapter 2. >> Article 1.
1253.6
. (a) This section shall govern applications by general acute
care hospitals for supplemental services approval for outpatient
clinic services.
(b) Upon receipt of an initial application by a licensed general
acute care hospital to add a new or modify an existing outpatient
service as a supplemental service, the department shall, within 30
days of receipt of the initial application, review the entire
application, determine whether the application is missing information
or has insufficient information, and, on the basis of this
determination, provide the hospital with guidance on how to provide
the missing information.
(c) Upon determination by the department that an application for
an outpatient clinic service as a supplemental service is complete
pursuant to subdivision (b), the department shall investigate the
facts set forth in the application and, if the department finds that
the statements contained in the application are true, that the
establishment of the operation of the supplemental service are in
conformity with the intent and purpose of this chapter, and that the
applicant is in compliance with this chapter and the rules and
regulations of the department, the department shall approve the
additional or modified outpatient clinic service, add it to the
hospital license, and issue a new license. However, if the department
determines in the course of the investigation that additional
information is needed to determine whether the statements contained
in the application are true or that the establishment or the
continued operation of the supplemental service are in conformity
with the intent and purpose of this chapter, or that the applicant is
in compliance with this chapter and the rules and regulations of the
department, the applicant shall provide the additional information
to the department upon request. If the department finds that the
statements contained in the application are not true, or that the
establishment of the outpatient service as a supplemental service is
not in conformity with the intent and purpose of this chapter, or if
the applicant fails to provide any additional information to the
department within 30 days of the request, the department shall deny
the outpatient clinic services application. The department shall
either grant or deny the application for the outpatient clinic
service as a supplemental service within 100 days of the filing of a
completed application.
(d) If a licensed general acute care hospital has previously been
approved for an outpatient clinic service within 30 days after
receipt of a completed application for an additional outpatient
clinic service, the department shall approve the additional or
modified outpatient clinic service, add it to the hospital license,
and issue a new license, unless the applicant does not meet the
requirements of this section. Notwithstanding any other law, the
department shall not be required to conduct an onsite inspection
prior to approval of an outpatient clinic service pursuant to this
section. However, nothing shall preclude the department from
conducting an onsite inspection at any time, or denying an
application, in accordance with subdivision (c). If the department
determines that the applicant does not meet the requirements of this
section, the department shall provide the hospital, in writing, the
particular basis for this determination.
(e) A completed application for purposes of this section shall
include all of the following:
(1) The appropriate forms, fees, and documentation, as determined
by the department.
(2) A description of the type of outpatient clinic service to be
operated, the character and scope of the service to be provided, and
a complete description of the building, its location and proximity to
the main hospital building, facilities, equipment, apparatus, and
appliances to be furnished and used in the operation of the
outpatient clinic service and evidence satisfactory to the department
that the hospital owns and will operate the outpatient clinic
service that is the subject of the application.
(3) Written policies and procedures governing the operation of the
outpatient clinic service and its reporting relationship to the
applicant.
(4) Evidence of the hospital's compliance with applicable building
standards and possession of a fire clearance for the outpatient
clinic service space.
(f) The outpatient clinic service that is the subject of the
application shall be limited to providing nonemergency primary health
care services in a clinical environment to patients who remain in
the outpatient clinic for less than 24 hours.
(g) For purposes of this section "outpatient clinic services"
shall have the same meaning as the services that may be provided by a
primary care clinic in accordance with subdivision (a) of Section
1204. Nothing in this section shall be interpreted to mean that
supplemental outpatient services established by a general acute care
hospital pursuant to this section shall be considered primary care
clinics for licensing, regulatory, or enforcement purposes.