20250AB__252798AMD INTRODUCED 2026-02-20 AMENDED_ASSEMBLY 2026-03-16 2025 AB AMD Introduced by Assembly Member Hoover <caml:Contribution>LEAD_AUTHOR</caml:Contribution><caml:House>ASSEMBLY</caml:House><caml:Name>Tangipa</caml:Name></caml:Legislator>"?> LEAD_AUTHOR ASSEMBLY Hoover

An act to add

Section 1276.07 to the Health and Safety Code, relating to hospitals. hospitals Hospital applications: coordinated processing. Existing law provides for the licensure and regulation of health facilities, including hospitals, by the State Department of Public Health. Existing law requires the Department of Health Care Access and Information to administer various programs related to health facilities with regard to, among other things, health data, financing, and design review and construction.

This bill would require the departments to coordinate and act concurrently, to the extent practicable and consistent with applicable law, in the review and processing of any hospital application requiring approval from both departments, as specified. The bill would require each department to commence review of a hospital application upon receipt of a complete application and payment of any applicable fee.

The bill would prohibit the automatic imposition of a waiting period, but the bill would authorize imposition of a reasonable waiting period if the applicant has demonstrated a documented pattern of failure to honor a payment obligation for prior submissions. Existing law provides for the licensure and regulation of health facilities, including hospitals, by the State Department of Public Health.

Existing law requires a health facility that maintains and operates an emergency department to provide emergency services and care to any person requesting the services or care, or for whom services or care is requested, for any condition in which the person is in danger of loss of life, or serious injury or illness, if the facility has appropriate facilities and qualified personnel available to provide the services or care.

Violation of these provisions is a crime.</xhtml:p><xhtml:p>This bill would make technical, nonsubstantive changes to these provisions.</xhtml:p>"?> MAJORITY NO YES NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION

Section 1276.07 is added to the Health and Safety Code , immediately following

Section 1276.05 , to read: 1276.07. (

a) The State Department of Public Health and the Department of Health Care Access and Information shall coordinate and act concurrently, to the extent practicable and consistent with applicable law, in the review and processing of any hospital application requiring approval from both departments, including, but not limited to, applications for any of the following:

(1) Construction of new facilities or modification of existing facilities.

(2) Establishment of new services or modification of existing services.

(3) Program flexibility.

(4) Any other project or transaction requiring approval from both departments. (

b) Each department shall commence review of a hospital application upon receipt of a complete application and payment of any applicable fee. A waiting period shall not automatically be imposed.

However, a reasonable waiting period may be imposed if the applicant has demonstrated a documented pattern of failure to honor a payment obligation for prior submissions. <caml:Num>SECTION 1.</caml:Num><caml:ActionLine action="IS_AMENDED" xlink:href="urn:caml:codes:HSC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1317.'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section of the <caml:DocName>Health and Safety Code</caml:DocName> is amended to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_5762BE85-4DB3-401F-B52F-E69B9AC05DED"><caml:Num>1317.</caml:Num><caml:LawSectionVersion id="id_4ED5E44C-C761-4748-89E5-5E26FC982F4F"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>Emergency services and care shall be provided to any person requesting the services or care, or for whom services or care is requested, for any condition in which the person is in danger of loss of life, or serious injury or illness, at any health facility licensed under this

chapter that maintains and operates an emergency department to provide emergency services to the public if the health facility has appropriate facilities and qualified personnel available to provide the services or care.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>The provision of emergency services and care shall not be based upon, or affected by, the person’s ethnicity, citizenship, age, preexisting medical condition, insurance status, economic status, ability to pay for medical services, or any other characteristic listed or defined in subdivision (

b) or (

e) of

Section of the Civil Code, except to the extent that a circumstance such as age, sex, preexisting medical condition, or physical or mental disability is medically significant to the provision of appropriate medical care to the patient.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>A health facility, its employees, or a physician and surgeon, dentist, clinical psychologist, or podiatrist shall not be liable in an action arising out of a refusal to render emergency services or care if the refusal is based on the determination, exercising reasonable care, that the person is not suffering from an emergency medical condition, or that the health facility does not have the appropriate facilities or qualified personnel available to render those services.</xhtml:p><xhtml:p>(d)<xhtml:span class="EnSpace"/>Emergency services and care shall be rendered without first questioning the patient or any other person as to their ability to pay.

However, the patient or their legally responsible relative or guardian shall execute an agreement to pay or otherwise supply insurance or credit information promptly after the services are rendered.</xhtml:p><xhtml:p>(e)<xhtml:span class="EnSpace"/>If a health facility subject to this

chapter does not maintain an emergency department, its employees shall nevertheless exercise reasonable care to determine whether an emergency exists and shall direct the persons seeking emergency care to a nearby facility that can render the needed services, and shall assist the persons seeking emergency care in obtaining the services, including transportation services, in every way reasonable under the circumstances.</xhtml:p><xhtml:p>(f)<xhtml:span class="EnSpace"/>A general acute care hospital or acute psychiatric hospital shall not require a person who voluntarily seeks care to be in custody pursuant to

Section of the Welfare and Institutions Code as a condition of accepting a transfer of that person after their written consent for treatment and transfer is documented or in the absence of evidence of probable cause for detention, as defined in

Section 5150.05 of the Welfare and Institutions Code.</xhtml:p><xhtml:p>(g)<xhtml:span class="EnSpace"/>An act or omission of a rescue team established by a health facility licensed under this chapter, or operated by the federal or state government, a county, or by the Regents of the University of California, done or omitted while attempting to resuscitate a person who is in immediate danger of loss of life shall not impose any liability upon the health facility, the officers, members of the staff, nurses, or employees of the health facility, including, but not limited to, the members of the rescue team, or upon the federal or state government or a county, if good faith is exercised.</xhtml:p><xhtml:p>(h)<xhtml:span class="EnSpace"/>“Rescue team,” as used in this section, means a special group of physicians and surgeons, nurses, and employees of a health facility who have been trained in cardiopulmonary resuscitation and have been designated by the health facility to attempt, in cases of emergency, to resuscitate a person who is in immediate danger of loss of life.</xhtml:p><xhtml:p>(i)<xhtml:span class="EnSpace"/>This

section does not relieve a health facility of any duty otherwise imposed by law upon the health facility for the designation and training of members of a rescue team or for the provision or maintenance of equipment to be used by a rescue team.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection>"?>