Section 1339.44 Of Article 10.6. Hospice Licensing From California Health And Safety Code >> Division 2. >> Chapter 2. >> Article 10.6.
1339.44
. (a) A hospice facility shall provide, or make provision
for, all of the following services and requirements:
(1) (A) Medical direction and adequate staff. Minimum staffing
standards that require at least one registered nurse to be on duty 24
hours per day and a maximum of six patients assigned at any given
time per direct caregiver.
(B) For purposes of this section, any additional direct caregiver
necessary beyond the registered nurse required pursuant to paragraph
(1) may include a registered nurse, as described in Section 2732 of
the Business and Professions Code, a licensed vocational nurse, as
described in Section 2864 of the Business and Professions Code, and a
certified nurse assistant.
(2) Skilled nursing services.
(3) Palliative care.
(4) Social services and counseling services.
(5) Bereavement services.
(6) Volunteer services.
(7) Dietary services.
(8) Pharmaceutical services.
(9) Physical therapy, occupational therapy, and speech-language
therapy.
(10) Patient rights.
(11) Disaster preparedness. Disaster preparedness plans for both
internal and external disasters shall protect hospice patients,
employees, and visitors, and reflect coordination with local agencies
that are responsible for disaster preparedness and emergency
response.
(12) An adequate, safe, and sanitary physical environment.
(13) Housekeeping services.
(14) Patient medical records.
(15) Other administrative requirements.
(b) The department may adopt regulations that establish standards
for the provision of the services in subdivision (a) and any
additional qualifications and requirements for licensure above the
requirements of this article.
(c) A hospice patient has a right to be informed of his or her
rights, and the hospice facility shall protect and promote the
exercise of these rights. The hospice facility shall comply with the
patients' rights regulation in Section 418.52 of Title 42 of the Code
of Federal Regulations unless the department adopts regulations
establishing alternative standards pursuant to Section 1250.1. In
addition, the hospice facility shall provide each patient with all of
the following:
(1) Information at admission to a hospice facility pursuant to
Chapter 3.9 (commencing with Section 1599).
(2) Full information regarding his or her health status and
options for end-of-life care.
(3) Care that reflects individual preferences regarding
end-of-life care, including the right to refuse any treatment or
procedure.
(4) Treatment with consideration, respect, and full recognition of
dignity and individuality, including privacy in treatment and care
of personal needs.
(5) Right to visitors of the patient's choosing, at any time the
patient chooses, and privacy for those visits.
(d) The hospice facility shall continue to provide services to
family and friends after the patient's stay in the hospice facility
in accordance with the patient's plan of care. These services may be
provided by the hospice services program that operates the hospice
facility.
(e) The hospice facility shall demonstrate the ability to meet
licensing requirements and shall be fully responsible for meeting all
licensing requirements, regardless of whether those requirements are
met through direct provision by the facility or under contract with
another entity. The hospice facility's reliance on contractors to
meet the licensing requirements does not exempt the hospice facility
from any requirements or in any way alter the hospice facility's
responsibilities. When a health facility provides services under
contract to a hospice facility, nothing shall preclude the department
from holding the health facility responsible for violations of the
law, if the department determines that the facts also constitute a
separate violation for the health facility providing services under
contract.
(f) The hospice facility shall provide inpatient hospice care in
compliance with Section 418.3 and Sections 418.52 to 418.116,
inclusive, of Title 42 of the Code of Federal Regulations until the
department adopts regulations establishing alternative standards
pursuant to Section 1250.1.